City Council - Regular Meeting

City of Bellingham City Council Regular Meeting Minutes December 7, 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 December 14, 2020 there will be a Public Hearing to consider five requests to docket amendments to the 2016 Bellingham Comprehensive Plan for review in 2020-2021. The proposals include one rezone request in Area 1 of the Fairhaven Neighborhood from Industrial 2 to a Commercial Core designation, a request to rezone six parks from Residential to a Public designation, a request to potentially add comprehensive plan designation and zoning for existing mobile / manufactured home parks, and two requests to adopt by reference a new Bellingham School District Capital Facilities Plan and new 2020 Surface and Stormwater Comprehensive Plan. Council President Knutson reminded all that today is the 79th Anniversary of the bombing of Pearl Harbor that took place, December 7, 1941. He led the meeting in a moment of silence in honor of those who died. Pledge of Allegiance Led by Mayor Fleetwood. 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 City of Bellingham Regular City Council Meeting Page 1 of 8 12/7/2020 Minutes Public Hearing 22025 1. A Public Hearing on Ordinance 2020-11-028 to Extend the Moratorium on the Processing of Development Applications and Permits Relating to the Redevelopment of Existing Mobile Home Parks Greg Aucutt, Assistant Planning Director, explained that State Law (RCW 36.70A.390) requires the City Council to hold a Public Hearing on the extension of the moratorium within 60-days of passage of the moratorium ordinance. Staff recommends that Council take no action and keep the moratorium in place. Council President Knutson opened the Public Hearing. No citizens spoke and the Public Hearing was closed. 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 announced that in regard to street vacations, he has asked that staff notify both his office and relevant neighborhood representatives. Erika Lautenbach, Whatcom County Health Department Director, will give a full COVID-19 report to Council at the next meeting which is scheduled for December 14th. The Mayor's office is actively working toward an exit strategy for the encampment at City Hall. There are several options and he plans to provide more information in the next few days. 22830 1. Mayor's Reappointment of Kathy Washatka to the Civil Service Commission (Approval) Daniel Hammill / Michael Lilliquist moved to reappoint Kathy Washatka to her third term, to the Civil Service Commission, which will expire on January 1, 2026. MOTION CARRIED 7-0. 22831 2. Mayor's Reappointment of Phyllis McKee and Ali Taysi to the Planning and Development Commission (Approval) City of Bellingham Regular City Council Meeting Page 2 of 8 12/7/2020 Minutes  Pinky Vargas / Lisa Anderson moved to reappoint Phyllis McKee and Ali Taysi to the Planning and Development Commission to an additional one year term, which will expire on January 1, 2022. MOTION CARRIED 7-0. Council Member Anderson provided clarification regarding the one year term of the appointees. She asked for an update regarding open spots on the Planning Commission. Rick Sepler, Planning and Community Development Director, explained that his department is reviewing applications for the Commission and would welcome more applicants. 22832 3. Mayor's Reappointment of Chris Soncarty to the Transportation Commission (Approval) Michael Lilliquist / Hollie Huthman moved to reappoint Chris Soncarty to his final term, on the Transportation Commission, which will expire on December 11, 2023. MOTION CARRIED 7-0. 22833 4. Mayor's Appointment of Kristina Van Ness to the Bellingham Public Library Board of Trustees (Approval) Lisa Anderson / Hollie Huthman moved to appoint Kristina Van Ness to her first term on the Bellingham Public Library Board of Trustees, which will expire on January 1, 2026. MOTION CARRIED 7-0. Council Standing Committee Meetings: Public Health, Safety, and Justice Daniel Hammill, Chair Hannah Stone, Hollie Huthman 22837 1. Discussion of the Denver STAR Emergency Response Program for Mental Health, Substance Use, and Other Public Health Needs Presentation during Committee. Council invited representatives of an alternative response program, STAR (Support Team Assisted Response) pilot, from Denver, Colorado, to give a report on their model and how it works for the City of Denver. The team responds to mental health crisis cases without police assistance or back up. Information only. Closed Record Hearing City of Bellingham Regular City Council Meeting Page 3 of 8 12/7/2020 Minutes 22834 1. Closed Record Hearing to Consider a Street Vacation for the Full Width of Douglas Avenue Generally Located Between 21st Street and the Alley to the West Presentation by staff during Committee. The Council voted 6-1, (Anderson opposed) during Committee to remand the matter to the Hearing Examiner. A full reexamination will take place and brought forth at a later meeting. Information only. Public Works and Natural Resources Michael Lilliquist, Chair Pinky Vargas, Lisa Anderson 22835 1. Noise Variance - Potelco/Puget Sound Energy Permit #PBW2020-0430 Michael Lilliquist / Pinky Vargas moved to approve the noise variance. MOTION CARRIED 7-0. 22836 2. Bid Award for Orchard Drive Extension (Birchwood Avenue) ES-0440, BID #47B-2020 Michael Lilliquist / Lisa Anderson moved to award Bid No. ES-0440 for Orchard Drive Extension (Birchwood Avenue) to Strider 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 $6,592,435.18, which includes any applicable WSST. MOTION CARRIED 7-0. Finance and Economic Development Pinky Vargas, Chair Lisa Anderson, Hollie Huthman 22778 1. An Ordinance Authorizing Closure of the Drake Note Fund Pinky Vargas / Lisa Anderson moved for first and second reading. MOTION CARRIED 7-0. 22838 2. An Ordinance Authorizing Closure of the Olympic Pipeline Incident Fund Pinky Vargas / Hollie Huthman moved for first and second reading. MOTION CARRIED 7-0. 22839 3. Authorization of an Interfund Loan from the Greenways Maintenance Endowment Fund to the Public Safety Dispatch Fund City of Bellingham Regular City Council Meeting Page 4 of 8 12/7/2020 Minutes  Pinky Vargas / Hollie Huthman moved for first and second reading. MOTION CARRIED 7-0. 22840 4. An Ordinance Amending the 2019-2020 Biennial Budget and Authorizing an Interfund Loan from the General Fund to the Medic One Fund Pinky Vargas / Lisa Anderson moved for first and second reading. MOTION CARRIED 7-0. 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. 22841 1. Mayor's Reappointment of Sharon Rice as the Hearing Examiner for the City of Bellingham Gene Knutson / Daniel Hammill moved to approve the reappointment of Sharon Rice as the Hearing Examiner for the City of Bellingham. MOTION CARRIED 7-0. 21671 2. An Ordinance Terminating the Non-Exclusive Franchise for QWEST Broadband Services, Inc. d/b/a Lumen Technologies (f/k/a CenturyLink) to Operate and Maintain a Cable Television System within the City Gene Knutson / Hollie Huthman agreed to approve the amendment to the non- exclusive franchise for QWEST Broadband Services Inc. dba Lumen Technologies that terminates the agreement. MOTION CARRIED 7-0. 22602 3. Consideration of Amendments to County-Wide Planning Policies to Establish the "Buildable Lands" Program and Dispute Resolution Procedures Gene Knutson / Pinky Vargas moved to approve the amendments to county-wide planning policies to establish the "Buildable Lands" program and dispute resolution procedures. MOTION CARRIED 7-0. 22775 4. An Ordinance Adopting 2021-2022 Biennial Budget City of Bellingham Regular City Council Meeting Page 5 of 8 12/7/2020 Minutes  Gene Knutson / Pinky Vargas moved for first and second reading. MOTION CARRIED 7-0. Council Member Lilliquist commented that social and political change often requires building and creating before dismantling. Regarding a mental health crisis response, the Administration and Council have been working to turn from a punitive approach to an enlightened mental health response. Building and implementation of new programs take time. Council Member Vargas expressed that she appreciates community engagement regarding the budget. Building blocks and designing of community programs are taking place and she encouraged people to watch the Committee Meeting videos for details on those programs. Council Member Stone acknowledged that there have been requests by the community for non-uniformed, non-armed responses to mental health crisis. While a program for non-armed reponse professionals is being worked on, the immediate future, requires mental health professionals as back up to officers. Approval of Minutes Daniel Hammill / Michael Lilliquist moved approval of the November 23, 2020 minutes of the regular City Council meeting as submitted. MOTION CARRIED 7-0. Old/New Business Council Member Stone, disclosed that her husband, Brad Stone, is currently sitting as a board member of Road to Home, a non-profit organization that focuses on issues related to homelessness. He does not receive any compensation for that work and does not serve as an officer. The City has issued an RFQ (Request for Qualifications) to identify and select a qualified operator for a safe encampment of the unsheltered in Bellingham. The City Council has had no role in the RFQ process to date and will not have a role in the selection of an operator. Should Road to Home be selected as an operator, she intends to recuse herself from any City Council decisions. Council Member Lilliquist announced that Whatcom Transit Authority (WTA) has made a selection of a candidate for the position of Executive Director. This week they intend to make a formal offer of employment. WTA has suspended fair collection since the COVID-10 pandemic started and there has been discussion regarding resuming fair collection. There is a high likelihood that WTA will continue to suspend fair collection for many months to come. Executive Session - Report and Action only. City of Bellingham Regular City Council Meeting Page 6 of 8 12/7/2020 Minutes  1. Potential Property Acquisition Staff provided information on a potential property acquisition. For information and discussion. No action taken. 2. Potential Property Acquisition Staff provided information on a potential property acquisition. For information and discussion. No action taken. 3. Potential Property Acquisition Staff provided information on a potential property acquisition. For information and discussion. No action taken. 4. Potential Litigation Staff provided information on a potential litigation matter. Daniel Hammill / Hollie Huthman moved to authorize the Mayor to enter into a settlement agreement with the following terms: resolution of Claim No. 2020-27 for the payment of $75,000.00 to the claimant. MOTION CARRIED 6-0-1, Vargas abstained. 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. 22842 1. Authorization of A/P Transactions Issued November 13, 2020 through November 19, 2020 22843 2. Authorization of A/P Transactions Issued November 20, 2020 through November 25, 2020 Michael Lilliquist / Daniel Hammill moved approval of the Consent Agenda in its entirety. MOTION CARRIED 7-0. Final Consideration of Ordinances 22821 1. An Ordinance Regarding Accounting for Funds Related to Solid Waste; Amending Bellingham Municipal Code Section 4.76.040, Closing the Solid City of Bellingham Regular City Council Meeting Page 7 of 8 12/7/2020 Minutes  Waste Fund, and Amending the Name and Purpose of the Fund Established in Ordinance No. 2011-06-029 Daniel Hammill / Pinky Vargas moved approval for third and final reading. Upon motion, said bill was placed on final passage and approved by the following roll call vote: AYES: Knutson, Stone, Hammill, Vargas, Anderson, Lilliquist, Huthman NAYS: (None) EXCUSED: (None) MOTION CARRIED and was thereafter named Ordinance 2020-12-035. Adjournment There being no further business, the meeting adjourned at 8:33 PM. Gene Knutson, Council President ATTEST: Elisabeth Oakes, Deputy City Clerk APPROVED: 12/14/2020 City of Bellingham Regular City Council Meeting Page 8 of 8 12/7/2020 Minutes