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City Council - Regular Meeting

Regular Meeting

Bellingham, WA · August 24, 2020

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Minutes

City of Bellingham City Council Regular Meeting Minutes August 24, 2020, 7:00 PM Mayor Seth Fleetwood Contact: (360) 778-8200, ccmail@cob.org Council Members Hannah Stone, Gene Knutson, Daniel Hammill, www.cob.org/council Pinky Vargas, Lisa Anderson, Michael Lilliquist and All meetings are held in the City Hall Council Chambers at Hollie Huthman 210 Lottie Street, Bellingham, WA, unless otherwise noted. Please note the doors to City Hall unlock at 6:30 PM. Call to Order The meeting was called to order by Council President Knutson at 7:00 p.m. Announcements & Upcoming Meetings: Bellingham City Council meets all requirements of the State of Washington Open Public Meetings Act. 1. On August 31, 2020 at 7:00 PM during the remote Regular City Council Meeting, there will be a Public Hearing on the Bellingham Police Department's Department of Justice Assistance Grant application to purchase a Lightweight Portable X-ray system. 2. On September 14, 2020 at 7:00 PM during the remote Regular City Council Meeting, there will be a Public Hearing on the consideration of proposed amendments to Bellingham Municipal Code Title 20 to establish regulations for electronic message signs on public zoned land which are intended to improve access to information on community activities, events, and services. Pledge of Allegiance Led by Council President Knutson. Roll Call Present: Council President Gene Knutson, Second Ward Council Member Hannah Stone, First Ward Council Member Daniel Hammill, Third Ward Council Member Pinky Vargas, Fourth Ward Council Member Lisa Anderson, Fifth Ward Council Member Michael Lilliquist, Sixth Ward Council Member Hollie Huthman, At-Large Public Hearing City of Bellingham Regular City Council Meeting Page 1 of 9 8/24/2020 Minutes 22402 1. Public Hearing to Consider a Request to Add the Residential Multi (RM) Project to the 2019-2020 List of Comprehensive Plan Amendments ("The Docket") Lisa Pool, Senior Planner, provided a request to add the Residential Multi (RM) Project to the 2019 - 2020 List of Comprehensive Plan Amendments (aka the "Docket.") The projects must meet the docketing criteria which is why the hearing is being held tonight. Council President Knutson opened the Public Hearing. Jane Campbell, member of King Mountain Neighborhood Association Board, noted that they have formed a subcommittee to stay abreast of the RM Zoning Project. They want to reiterate their intention to keep track of the project. They submitted a letter to City Council that outlines they appreciate the purchase of land for the neighborhood park. Thaddeus Johnson, Whatcom Housing Alliance, encouraged City Council to consider code revisions to the RM Zones that are bold in creating progressive housing options. Nabil Kamel, supports the high density and increasing multi-family in Bellingham. However, he does not feel that increasing multi-family housing alone will create housing affordability. Implementing mixed-use buildings can lend to a higher quality of affordable options. There being no further comments, the Public Hearing was closed. Daniel Hammill / Michael Lilliquist moved final approval of Resolution #2020-30. MOTION CARRIED 7-0. 15-Minute Public Comment Period Public Comment was taken. Mayor's Report Standing time for briefings, updates and reports to Council by the Mayor, if needed. Information only. The Mayor reported that at next week's meeting, he looks forward to providing a COVID-19 update. He recently signed onto a letter from Washington State leaders to urge Congress to extend the census deadline. At this time, about 70% of Washington State has been counted. He reminded all that the newest portal for gathering public City of Bellingham Regular City Council Meeting Page 2 of 9 8/24/2020 Minutes feedback is called Engage Bellingham and can be found online at https://engagebellingham.org/ Last week, the City completed the Listening Series on Race & Justice. Staff is working to assess the information they received, analyze the data, and bring forth next steps at later City Council Meetings. David Doll, Police Chief, addressed City Council to apologize for the misconduct of his personnel. The misconduct occurred last year and was recently reported by local news media. He expressed outrage at the misconduct. There was an internal affairs investigation and sanctions were issued to the officers involved. The incident is no way a reflection of the department. 22716 1. Mayor's Appointment of William Szabo to the Bellingham Housing Authority Board (Information) The Mayor appoints William Szabo to his first term on the Bellingham Housing Authority Board, which will expire on July 14, 2025. Information only. 22717 2. Mayor's Appointment of Jessica Sankey to the Parks and Recreation Advisory Board (Information) The Mayor appoints Jessica Sankey to the Parks and Recreation Advisory Board with an ongoing term as the Bellingham School District's Representative. Information only. 22718 3. Mayor's Appointment of Rose Lathrop to the Planning and Development Commission (Approval) Pinky Vargas / Daniel Hammill moved to approve the Mayor's appointment of Rose Lathrop to her first term on the Planning and Development Commission, which will expire on August 24, 2024, at which time she may be reappointed. MOTION CARRIED 7-0. Council Standing Committee Meetings: Public Works and Natural Resources Michael Lilliquist, Chair Pinky Vargas, Lisa Anderson 22702 1. Bid Award for Northwest/Bakerview Intersection Improvements, BID #41B- 2020 City of Bellingham Regular City Council Meeting Page 3 of 9 8/24/2020 Minutes Michael Lilliquist / Pinky Vargas moved to award Bid No. 41B-2020 for Northwest/Bakerview Intersection Improvements to Granite Construction Company of Everson, WA as the lowest responsive, responsible bidder and to authorize the Mayor to enter into a contract with them for the amount of their bid, which is $374,656.00, which includes any applicable WSST. MOTION CARRIED 7-0. 22713 2. Bid Award for Harrison Street Slope Stabilization, EW-0237, Bid #49B-2020 Michael Lilliquist / Daniel Hammill moved to award Bid No. 49B-2020 for Harrison Street Slope Stabilization to Oceanside Construction of Bellingham, WA as the lowest responsive, responsible bidder and to authorize the Mayor to enter into a contract with them for the amount of their bid, which is $337,067.83, which includes any applicable WSST. MOTION CARRIED 7-0. 22714 3. Bid Award for Indefinite Delivery, Indefinite Quantity (IDIQ) On-Call Multiple Hearth Incinerator Repair, BID #13B-2020 Michael Lilliquist / Lisa Anderson moved to award Bid No.13B-2020 for Indefinite Delivery, Indefinite Quantity to Industrial Furnace Company of Rochester, NY as the lowest responsive, responsible bidder and to authorize the Mayor to enter into a contract with them for the amount of their bid, which is $36,431.50, which includes any applicable WSST. MOTION CARRIED 7-0. 22007 4. Bellingham Municipal Broadband: Access, Equity and Affordability Michael Lilliquist / Lisa Anderson moved final approval of Resolution #2020-31 as modified in Section 3, subpart E. MOTION CARRIED 7-0. Parks and Recreation Lisa Anderson, Chair Hannah Stone, Michael Lilliquist 22720 1. Bid Award #16B-2020 for Wharf Street Timber Trestle Repair Project to RAZZ Construction for $444,637.35 City of Bellingham Regular City Council Meeting Page 4 of 9 8/24/2020 Minutes Lisa Anderson / Daniel Hammill moved to award Bid No.16B-2020 for Wharf Street Timber Repair Project to RAZZ Construction, Inc., of Bellingham, WA as the lowest responsive, responsible bidder and to authorize the Mayor to enter into a contract with them for the amount of their bid, which is $444,637.35 which includes any applicable WSST. MOTION CARRIED 7-0. 22721 2. A Resolution of the City of Bellingham Temporarily Reducing Fees for Safe Start Park Special Requests Lisa Anderson / Pinky Vargas moved final approval of Resolution #2020-32. MOTION CARRIED 7-0. 22722 3. Annual Report on Greenways Program Presentation during Committee. The report covered priorities, spending, accomplishments, and upcoming proposed projects. Some of the completed Greenways projects include the acquisition of the Neighborhood Park in the Bakerview corridor, development of Cordata Park Phase I, connect Barkley trail to Sunset Drive (which is under construction), and public access to Squalicum Pier. Information only. Public Health, Safety, and Justice Daniel Hammill, Chair Hannah Stone, Hollie Huthman 22723 1. Discussion of 24/7 Crisis Response for Mental Health, Substance Use, and Other Public Health Needs Presentation during Committee. The Committee for Public Health, Safety, and Justice has begun to discuss the community need for 24/7 crisis response and 911 call center functionality to include screening for mental health, substance use, and other public health needs. The Committee heard from a couple cities that have crisis response programs in place, specifically Portland, OR and Albuquerque, NM. Information only. Committee of the Whole Gene Knutson, Chair Hannah Stone, Daniel Hammill, Pinky Vargas, Lisa Anderson, Michael Lilliquist, Hollie Huthman Please be advised that if the City Council is ahead of schedule, they may start with old/new business before the official Committee of the Whole meeting time. City of Bellingham Regular City Council Meeting Page 5 of 9 8/24/2020 Minutes 22724 1. An Ordinance Amending the 2019-2020 Biennial Budget Increasing Appropriations in the Claims and Litigation Fund Gene Knutson / Daniel Hammill moved for first and second reading. MOTION CARRIED 7-0. 22725 2. City Signature on a Rezone and Comprehensive Plan Amendment Docket Application Gene Knutson / Lisa Anderson moved to authorize the Mayor to sign the docketing application on behalf of the City. MOTION CARRIED 7-0. 22726 3. Discussion of a Police Civilian Oversight Board Gene Knutson / Daniel Hammill moved to request the Mayor's office to bring forth a report on how the Administration handles complaints. MOTION CARRIED 7-0. 22727 4. Discussion of City Council Staffing Needs Discussion during Committee. The City Council's Legislative Assistant will be leaving the City at the end of August. The committee sought to reassess Council office needs and then staff accordingly. Information only. 22728 5. Discussion of Local Listening Series on Race and Justice and Next Steps Presentation during Committee. The Committee will work towards identifying next steps. Information only. 6. Approval of Minutes Michael Lilliquist / Hollie Huthman moved approval of the July 20, 2020 minutes of the regular City Council meeting as submitted. MOTION CARRIED 7-0. 7. Old/New Business The City Council celebrated Monea Kerr's last meeting with the City Council today. As the Legislative Assistant she provided much support to the Council and will be missed. City of Bellingham Regular City Council Meeting Page 6 of 9 8/24/2020 Minutes Her last day will be leaving August 28, 2020. Council President Knutson thanked Ms. Kerr for all her efforts and work with the City. Council Member Hammill thanked Chad Schulhauser, Assistant Public Works Director, and Stephen Day, Project Engineer, for providing him with a tour of the Diversion Dam Removal Project, on the middle fork of the Nooksack River. He reported to the community and the Council, that the Law Enforcement Assisted Diversion Program from Whatcom County Prosecutor's Office will begin in September. This program will help to divert people out of the Criminal Justice system and into care that is appropriate for their individual situations. Lastly, he announced that the Whatcom County Prosecutor's Office will no longer be prosecuting Driving While Licensed Suspended (3rd degree) and will give stimulated orders of continuance for non-violent charges and for one year. Council Member Stone, reminded individuals to participate in the census and to register to vote especially because we are in an election year. Council Member Anderson, noted that the Whatcom County Health Department is providing drive up COVID-19 testing sites. The locations can be found at: www.testdirectly.com and to get more information on COVID-19, please visit: www.whatcomcounty.us/covidtesting Executive Session – Report and Action only. 1. Litigation: Ginn v. City of Bellingham, et. al. Staff provided information on a litigation matter. Daniel Hammill / Lisa Anderson to enter into a settlement agreement with the following terms: dismissal of the lawsuit and resolution of all claims related thereto for the payment of $175,000.00 to the plaintiff. MOTION CARRIED 7-0. 2. Potential Property Acquisition Staff provided information on a potential property acquisition. Michael Lilliquist / Daniel Hammill authorized staff to enter into agreements whereby the City renews for a period of 20-years an access easement across City property in favor of Bloedel Timberlands Development, Inc. and, in exchange, Bloedel grants to City of Bellingham Regular City Council Meeting Page 7 of 9 8/24/2020 Minutes the City a right-of-first refusal for 20 years on approximately 3,000 acres of land located within the Lake Whatcom Watershed at the south end of the lake. MOTION CARRIED 7-0. 3. Potential Litigation Staff provided information on a potential litigation matter. For information and discussion. No action taken. Consent Agenda All matters listed on the Consent Agenda are considered routine and/or non-controversial items and may be approved in a single motion. A member of the Council may ask that an item be removed from the Consent Agenda and considered separately. 22729 1. Authorization of Payroll Labor Cost Payments Dated July 1 to July 15, 2020 22730 2. Authorization of A/P Payments Issued July 16, 2020 22731 3. Authorization of A/P Checks Issued July 23, 2020 22732 4. Authorization of A/P Checks Issued July 31, 2020 through August 06, 2020 22733 5. Authorization of A/P Checks Issued August 07, 2020 through August 13, 2020 22734 6. Inter-Agency Agreement with Washington State Department of Ecology to Sponsor Two Washington Conservation Corps Crews for Natural Resource Projects 22735 7. 2020 Paramedic Class Funding 22736 8. Lease Agreement for Sehome Cell Tower – Western Washington University Police 22737 9. Lease Agreement for Sehome Cell Tower – Western Washington University KUGS Radio Station 22738 10. Lease Agreement for Sehome Cell Tower – Port of Bellingham Michael Lilliquist / Daniel Hammill moved approval of the Consent Agenda in its entirety. MOTION CARRIED 7-0. City of Bellingham Regular City Council Meeting Page 8 of 9 8/24/2020 Minutes Adjournment There being no further business, the meeting adjourned at 8:28 p.m. Gene Knutson, Council President ATTEST: Elisabeth Oakes, Deputy City Clerk APPROVED: 8/31/2020 City of Bellingham Regular City Council Meeting Page 9 of 9 8/24/2020 Minutes

Agenda

City of Bellingham City Council Regular Meeting Agenda August 24, 2020, 7:00 PM Mayor Seth Fleetwood Contact: (360) 778-8200, ccmail@cob.org Council Members Hannah Stone, Gene Knutson, Daniel Hammill, www.cob.org/council Pinky Vargas, Lisa Anderson, Michael Lilliquist and All meetings are held in the City Hall Council Chambers at Hollie Huthman 210 Lottie Street, Bellingham, WA, unless otherwise noted. Please note the doors to City Hall unlock at 6:30 PM. Council members will participate in this meeting remotely through an online web-based meeting platform. Per Washington State Proclamation 20-28, in-person attendance at meetings is prohibited at this time. Council meetings are streamed live via the City’s website at meetings.cob.org and on the City’s YouTube channel. Meetings are broadcast in high definition on BTV on Comcast channel 321, and in standard definition on Comcast channel 10. Members of the public who do not have cable or Internet access may contact the City Council office to receive phone numbers in order to listen to the meeting via telephone. Anyone wishing to comment during the public hearing or during the regular public comment period is invited to do so. Advanced testimony by mail, email, and telephone is accepted and strongly encouraged by sending comments to the Council Office, 210 Lottie Street, ccmail@cob.org, or (360) 778-8200. Anyone wishing to testify live can do so by joining the remote meeting at the following link: https://www.cob.org/ccph. This link can be used before the meeting to pre-register or during the meeting to register and immediately join the meeting to testify. Pre-registration is encouraged. Those who would like to listen in by phone can do so using any of the following phone numbers:  (253) 215-8782  (346) 248-7799  (669) 900-6833  (301) 715-8592  (312) 626-6799  (929) 205-6099 Meeting ID: 993-6204-6061 Password: 9 The following items are heard in the Regular Meeting only: Call to Order Announcements & Upcoming Meetings: Bellingham City Council meets all requirements of the State of Washington Open Meetings Act. 1. On August 31, 2020 at 7:00 PM during the remote Regular City Council Meeting, there will be a Public Hearing on the Bellingham Police Department's Department of Justice Assistance Grant application to purchase a Lightweight Portable X-ray system. 2. On September 14, 2020 at 7:00 PM during the remote Regular City Council Meeting, there will be a Public Hearing on the consideration of proposed amendments to Bellingham Municipal Code Title 20 to establish regulations for electronic message signs on public zoned land which are intended to improve public access to information on community activities, events and services. Pledge of Allegiance Roll Call Public Hearing 22402 1. Public Hearing to Consider a Request to Add the Residential Multi p. 7 (RM) Project to the 2019-2020 List of Comprehensive Plan Amendments ("The Docket") 15-Minute Public Comment Period Mayor's Report Standing time for briefings, updates and reports to Council by the Mayor, if needed. Information only. 22716 1. Mayor's Appointment of William Szabo to the Bellingham Housing p. 50 Authority Board (Information) 22717 2. Mayor's Appointment of Jessica Sankey to the Parks and Recreation p. 52 Advisory Board (Information) 22718 3. Mayor's Appointment of Rose Lathrop to the Planning and p. 54 Development Commission (Approval) The following are heard in both Committee sessions and Regular Meeting in order below: Council Standing Committee Meetings: Open to the public to attend. Note: there is generally no public comment period for Committee sessions. Standing Committee Members receive reports and information, ask questions and, when appropriate, vote on a recommended action for consideration by the full Council at the Regular Meeting. The notice of Committee Meetings identified below also serves as notice of Special Meetings of the City Council at the times identified as Council Members who are not members of the committee routinely attend and participate in the Committee Meetings. Committee Chairs give a report of the Committee Meeting at the Regular Meeting in the evening prior to deliberation and formal vote in the order shown below: Public Works and Natural Resources 10:00 AM Michael Lilliquist, Chair Pinky Vargas, Lisa Anderson 22702 1. Bid Award for Northwest/Bakerview Intersection Improvements, BID p. 57 #41B-2020 22713 2. Bid Award for Harrison Street Slope Stabilization, EW-0237, Bid #49B- p. 62 2020 22714 3. Bid Award for Indefinite Delivery, Indefinite Quantity (IDIQ) On-Call p. 67 Multiple Hearth Incinerator Repair, BID #13B-2020 22007 4. Bellingham Municipal Broadband: Access, Equity and Affordability p. 71 Parks and Recreation 11:00 AM Lisa Anderson, Chair Hannah Stone, Michael Lilliquist 22720 1. Bid Award #16B-2020 for Wharf Street Timber Trestle Repair Project p. 83 to RAZZ Construction for $444,637.35 22721 2. A Resolution of the City of Bellingham Temporarily Reducing Fees for p. 92 Safe Start Park Special Requests 22722 3. Annual Report on Greenways Program p. 97 Public Health, Safety, and Justice 1:00 PM Daniel Hammill, Chair Hannah Stone, Hollie Huthman 22723 1. Discussion of 24/7 Crisis Response for Mental Health, Substance Use, p. 116 and Other Public Health Needs Committee Of The Whole 2:00 PM Gene Knutson, Chair Hannah Stone, Daniel Hammill, Pinky Vargas, Lisa Anderson, Michael Lilliquist, Hollie Huthman Please be advised that if the City Council is ahead of schedule, they may start with old/new business before the official Committee of the Whole meeting time. 22724 1. An Ordinance Amending the 2019-2020 Biennial Budget Increasing p. 139 Appropriations in the Claims and Litigation Fund 22725 2. City Signature on a Rezone and Comprehensive Plan Amendment p. 143 Docket Application 22726 3. Discussion of a Police Civilian Oversight Board p. 151 22727 4. Discussion of City Council Staffing Needs p. 171 22728 5. Discussion of Local Listening Series on Race and Justice and Next p. 184 Steps 6. Approval of Minutes 7. Old/New Business Executive Session 3:30 PM Closed to the public. Report in the Regular Meeting only: 1. Litigation: Ginn v. City of Bellingham, et. al. (Brady, approx. 10 minutes) 2. Potential Property Acquisition (Stamps 5 min.) 3. Potential Litigation (Ruffatto, 20 minutes) Consent Agenda All matters listed on the Consent Agenda are considered routine and/or non-controversial items and may be approved in a single motion. A member of the Council may ask that an item be removed from the Consent Agenda and considered separately. 22729 1. Authorization of Payroll Labor Cost Payments Dated July 1 to July 15, p. 186 2020 22730 2. Authorization of A/P Payments Issued July 16, 2020 p. 187 22731 3. Authorization of A/P Checks Issued July 23, 2020 p. 188 22732 4. Authorization of A/P Checks Issued July 31, 2020 through August 06, p. 189 2020 22733 5. Authorization of A/P Checks Issued August 07, 2020 through August p. 190 13, 2020 22734 6. Inter-Agency Agreement with Washington State Department of p. 191 Ecology to Sponsor Two Washington Conservation Corps Crews for Natural Resource Projects 22735 7. 2020 Paramedic Class Funding p. 201 22736 8. Lease Agreement for Sehome Cell Tower – Western Washington p. 212 University Police 22737 9. Lease Agreement for Sehome Cell Tower – Western Washington p. 231 University KUGS Radio Station 22738 10. Lease Agreement for Sehome Cell Tower – Port of Bellingham p. 251 Adjournment Agenda Information: Council Committee and Regular Meeting agendas and agenda packets, which contain the supporting documentation for agenda items, are available to the public Wednesday afternoon prior to the meeting. They are posted at https://meetings.cob.org/. A hard copy of the agenda packet is available for review from the reference desk at the Central Library or the Finance office at City Hall. Live Broadcast Information: The Bellingham City Council Committee Meetings are broadcast live on BTV Bellingham at the times listed on the Agenda. Committee session start times between 9:00 AM and 5:00 PM are estimated. A specific Committee may start later than the time published but will not begin earlier than its published time. BTV can be found on cable systems as follows: Comcast channels 10 (standard) and 321 (high definition), and CenturyLink channels 40 (standard) and 1040 (high definition). The meetings are also streamed live on the internet as they occur. Online viewers will see exactly what cable customers would see. The Bellingham Public Library also has DVD’s available for checkout. Video and audio files are available on the Internet at https://meetings.cob.org within 5 business days following each meeting. BTV Council Meeting Rebroadcast Schedule: Tues. 12 PM: Repeat broadcast of Monday afternoon Committee meetings Tues. 7 PM: Repeat broadcast of Monday night regular meeting Wed. 8 AM: Repeat broadcast of Monday night regular meeting Sat. 12 PM: Repeat broadcast of Monday afternoon Committee meetings Sat. 7 PM: Repeat broadcast of Monday night regular meeting Accessibility: The Council Chambers is fully accessible. Elevator access to the second floor is available at City Hall’s west entrance. Hearing assistance is available and a receiver may be checked out through the clerk prior to the evening session. For additional accommodations, contact the Legislative Assistant at 778-8200 in advance of the meeting. Thank you. Next City Council Meeting Monday, August 31, 2020 Deadline to submit material for any public hearing for inclusion in the published agenda packet is 8:00 a.m. on Wednesday prior to the meeting.

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