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City Council - Regular Meeting

Regular Meeting

Bellingham, WA · December 14, 2020

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Minutes

City of Bellingham City Council Regular Meeting Minutes December 14, 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. Deputy City Clerk Elisabeth Oakes Please note the doors to City Hall unlock at 6:30 PM. Call to Order The meeting was called to order by Council President Stone at 7:00 p.m. Announcements & Upcoming Meetings: Bellingham City Council meets all requirements of the State of Washington Open Public Meetings Act. 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 Presentation 22593 1. Update on COVID-19 Response Erika Lautenbach, Whatcom County Health Department Director, provided a COVID- 19 update which included a year end snapshot presentation. As a vaccine for COVID-19 becomes available, she reported that it will first be made ready for high-risk workers in health care settings and first responders, and residents and staff of long-term care facilties. Council Members asked questions. City of Bellingham Regular City Council Meeting Page 1 of 10 12/14/2020 Minutes Information only. Mayor's Report Standing time for briefings, updates and reports to Council by the Mayor, if needed. Information only. The Mayor reminded all that there are many open board positions available to apply for. The City relies on advisors from the many boards and commissions that serve to provide input on issues related to the City. If interested in filling vacancies, a full list of boards and commissions along with an application form can be found at: https://cob.org/gov/public/bc Mayor Fleetwood expressed his gratitude to staff for their work and support during this challenging year. He thanked Council President Knutson for his reliable steadiness during this time. Efforts to end the encampment at City Hall are underway. Conditions are being worked on to provide alternative shelter options. S second tiny home site is now at the Frank Gehry parking lot at Civic Field where 25 tiny homes will be constructed and hoping to be operational this week. 22845 1. Mayor's Reappointment of Tourism Commission Members (Information) The Mayor reappoints Drew Schmidt to his fifth term; Allison Farrar to her first full term; Peter Frazier to his first full term; Todd Elsworth to his fifth term; to the Tourism Commission Board, which all expire on December 31, 2023. Information only. 22846 2. Mayor's Reappointment of Bolor Smith to the Bellingham Sister Cities Board (Information) The Mayor reappoints Bolor Smith to the Bellingham Sister Cities Board, for her fourth term, which will expire on November 15, 2023, at which time she may be reappointed. Information only. 22847 3. Mayor's Reappointment of Janet Ott to the Sehome Hill Arboretum Board of Governors (Information) The Mayor reappoints Janet Ott to her second term on the Sehome Hill Arboretum Board of Governors, which will expire on December 18, 2023, at which time she may be reappointed. Information only. 22848 4. Mayor's Reappointment of Alexis Blue to the Parks & Recreation Advisory Board (Information) City of Bellingham Regular City Council Meeting Page 2 of 10 12/14/2020 Minutes The Mayor reappoints Alexis Blue to her final term on the Parks and Recreation Advisory Board, which will expire on November 25, 2023. Information only. 22849 5. Mayor's Reappointment of David Falk and Appointment of Janet Rogerson to the Historic Preservation Commission (Approval) Daniel Hammill / Hannah Stone moved the Mayor's reappointment of David Falk to his second term, on the Historic Preservation Commission, which will expire on January 22, 2024, at which time he may be reappointed and the Mayor's appointment of Janet Rogerson to her first term, on the Historic Preservation Commission, which will expire on December 14, 2023, at which time she may be reappointed. MOTION CARRIED 7-0. 22850 6. Mayor's Reappointment of Laura Weiss to the Lake Whatcom Watershed Advisory Board (Approval) Michael Lilliquist / Hannah Stone moved the Mayor's reappointment of Laura Weiss to her first full term on the Lake Whatcom Watershed Advisory Board, which will expire on August 7, 2023, at which time she may be reappointed. MOTION CARRIED 7-0. Public Hearing 22844 1. A Public Hearing to Consider Five Requests to Docket Amendments to the Bellingham Comprehensive Plan for Review in 2020-2021 Moshe Quinn, Planner, provided an overview of the list of amendments for review as first step in the process to amend the Comprehensive Plan. The proposals include a rezone request in Fairhaven, a request to rezone six City parks, a request to potentially add a new CP designation and zoning for manufactured home parks, and two requests to adopt by reference a new Bellingham School District Capital Facilities Plan and the 2020 Surface and Stormwater Plan. He provided background on each proposal. Staff and the Planning Commission recommend docketing of all five proposals for review. Council President Knutson opened the Public Hearing. Public Comment was taken. There being no further comments, the Public Hearing was closed. City of Bellingham Regular City Council Meeting Page 3 of 10 12/14/2020 Minutes Dan Hammill / Lisa Anderson moved to docket REZ2020-0003, No. 2 of the Docketing Proposals. MOTION CARRIED 7-0 Pinky Vargas / Dan Hammill moved to docket REZ2020-0002, No. 1 of the Docketing Proposals. MOTION CARRIED 6-1, Anderson opposed. Dan Hammill / Hollie Huthman moved to docket REZ2020-0005 No. 3 of the Docketing Proposals. MOTION CARRIED 7-0. Lisa Anderson / Michael Lilliquist moved to docket REZ2020-006 No. 4 of the Docketing Proposals. MOTION CARRIED 7-0. Dan Hammill / Hollie Huthman moved to docket REZ2020-0007 No. 5 of the Docketing Proposals. MOTION CARRIED 7-0. Daniel Hammill / Pinky Vargas moved final approval of Resolution #2020-46. MOTION CARRIED 7-0. 15-Minute Public Comment Period Public Comment was taken. Council Standing Committee Meetings: Finance and Economic Development Pinky Vargas, Chair Lisa Anderson, Hollie Huthman 22851 1. Presentation of Stewardship Award Letter by the Washington State Auditor's Office Presentation during Committee. State Auditor, Pat McCarthy, presented the City with a Stewardship Award Letter for the recently completed I.T. conversion audit. Information only. Parks and Recreation Lisa Anderson, Chair Hannah Stone, Michael Lilliquist 22852 1. Proposed Estate Donation of Lundquist Woods Presentation during Committee. City of Bellingham Regular City Council Meeting Page 4 of 10 12/14/2020 Minutes Lisa Anderson / Hannah Stone moved to approve the future donation of Lundquist Woods to the City of Bellingham for use as a public park. 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. 22853 1. Ordinance to Adopt the 2018 International Fire Code with Local Amendments Gene Knutson / Daniel Hammill moved for first and second reading. MOTION CARRIED 7-0. 22854 2. Ordinance to Adopt the 2018 Washington State Building Code with Local Amendments Gene Knutson / Michael Lilliquist moved for first and second reading as amended: BMC 17.10.020 Section 105.3.3 Time limitation of application. 1 - 4 No change 5. Whereas the COVID-19 pandemic and the Governor’s emergency declarations and proclamations are causing delays for an indeterminate period of time in the construction, inspection, and review of development projects. As such, the Building Official may grant a one time, six (6) month extension for all complete applications submitted as of March 23, 2020. This extension may be granted in addition to those allowed in numbers 1-4 above. The applicant must request an extension on a form provided by the City and pay any established extension fee. 105.5 Expiration 1-3 No change 4. Whereas the COVID-19 pandemic and the Governor’s emergency declarations and proclamations are causing delays for an indeterminate period of time in the City of Bellingham Regular City Council Meeting Page 5 of 10 12/14/2020 Minutes construction, inspection, and review ofdevelopment projects. As such, the Building Official may grant a one time, one (1) year extension for all permits issued as of March 23, 2020. This extension may be granted in addition to those allowed in numbers 1-3 above. The applicant must request an extension on a form provided by the City and pay any established extension fee. MOTION CARRIED 7-0. 3. Approval of Minutes Michael Lilliquist / Daniel Hammill moved approval of the December 7, 2020 minutes of the regular City Council meeting as amended. MOTION CARRIED 7-0. 4. Old/New Business Brian Heinrich, Deputy Administrator, reported from the Public Relations Commission, regarding case no 132853-U-20: The Washington State Public Employment Relations Commission conducted a legal proceeding issued a ruling that the City of Bellingham committed an unfair labor practice in order that this notice be posted to employees. "We unlawfully interfered with the employee rights and in violation of RCW 41.56.141 by deducting employee dues and not remitting those dues to the Guild as exclusive bargaining representative. To remedy our unfair labor practices, we will not remit any and all dues deducted from employee pay to any bargaining representative other than the certified or recognized exclusive bargaining representative. We will make all employees in the bargaining unit whole by transmitting to the Guild of the Pacific Northwest Employees all dues deducted from employee pay for which the City had received authorization cards as of May 21, 2020 for the period of time of May 21, 2020 through May 31, 2020 or until the City commenced deductions on behalf of the Guild, whichever date is later. To the extent Guild dues are expressed as a monthly amount or percentage of pay the City shall transmit proportionate share of the total dues amount, to the Guild, based on the timeframe identified in this paragraph. We will not in any other manner, interferring with or coercing its employees in the exercising of collective bargaining rights under the laws of the State of Washington." This notice will be signed on behalf of the City of Bellingham. Mayor Fleetwood thanked Police Chief, David Doll, for his service to the City of Bellingham. Chief Doll announced on December 3 that he intends to retire from the City of Bellingham Regular City Council Meeting Page 6 of 10 12/14/2020 Minutes City of Bellingham, effective January 4, 2021. The Mayor and Council expressed gratitude for his leadership. 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. 22855 1. Authorization of Payroll Labor Cost Payments Dated November 1, 2020 to November 15, 2020 22856 2. Authorization of A/P Transactions Issued November 26, 2020 through December 03, 2020 22857 3. Interlocal Agreement Between the City of Bellingham and Whatcom Transportation Authority 22858 4. Authorize the Mayor to Enter into an Interlocal Agreement with Whatcom County to Utilize Offender Work Crews to Perform Clean-up and Vegetation Management as Needed 22859 5. Authorize the Mayor to Enter into an Inter-Agency Agreement with the Department of Ecology for Grant Funding for the Little Squalicum Creek Water Quality Retrofit Project 22860 6. Authorize the Mayor to Enter into an Inter-Agency Agreement with the Department of Ecology for Grant Funding for the Padden Creek 24th - 30th Streets Restoration Project, Phase 1 Michael Lilliquist / Daniel Hammill moved approval of the Consent Agenda in its entirety. MOTION CARRIED 7-0. Final Consideration of Ordinances 22798 1. An Ordinance of the City of Bellingham Amending the Land Use Chapter of the 2016 Bellingham Comprehensive Plan to Add New Food Policies Michael Lilliquist / Hannah Stone 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) City of Bellingham Regular City Council Meeting Page 7 of 10 12/14/2020 Minutes EXCUSED: (None) MOTION CARRIED and was thereafter named Ordinance 2020-12-036. 22564 2. Public Hearing to Consider a Comprehensive Plan Amendment to Update the Parks, Recreation and Open Space Chapter (PRO Plan) Pinky Vargas / Lisa Anderson 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 2020-12-037. 22799 3. An Ordinance of the City of Bellingham Relating to the Bellingham Comprehensive Plan, Amending the Area 1 Policy Narrative in the York Neighborhood Plan Hannah Stone / Lisa Anderson 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 2020-12-038. 22778 4. An Ordinance Authorizing Closure of the Drake Note Fund Pinky Vargas / Lisa Anderson 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 2020-12-039. City of Bellingham Regular City Council Meeting Page 8 of 10 12/14/2020 Minutes 22838 5. An Ordinance Authorizing Closure of the Olympic Pipeline Incident Fund Lisa Anderson / Hollie Huthman 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 2020-12-040. 22840 6. An Ordinance Amending the 2019-2020 Biennial Budget Increasing Estimated Revenues and Expenditures and Authorizing an Interfund Loan of up to $100,000 from the General Fund to the Medic One Fund Daniel Hammill / Lisa Anderson 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 2020-12-041. 22775 7. An Ordinance Adopting 2021-2022 Biennial Budget Pinky Vargas / Lisa Anderson 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 2020-12-042. 22839 8. An Ordinance Relating to the 2021-2022 Budget Authorizing an Interfund Loan of $1,465,993 from the Greenways Maintenance Endowment Fund to the Public Safety Dispatch Fund City of Bellingham Regular City Council Meeting Page 9 of 10 12/14/2020 Minutes Michael Lilliquist / Lisa Anderson 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 2020-12-043. Adjournment There being no further business, the meeting adjourned at 9:10 PM. Gene Knutson, Council President ATTEST: Elisabeth Oakes, Deputy City Clerk APPROVED: 1/11/2021 City of Bellingham Regular City Council Meeting Page 10 of 10 12/14/2020 Minutes

Agenda

City of Bellingham City Council Regular Meeting Agenda December 14, 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/cc121420. 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: 949 3880 4221 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. Pledge of Allegiance Roll Call Presentation 22593 1. Update on COVID-19 Response p. 7 Mayor's Report Standing time for briefings, updates and reports to Council by the Mayor, if needed. Information only. 22845 1. Mayor's Reappointment of Tourism Commission Members p. 8 (Information) 22846 2. Mayor's Reappointment of Bolor Smith to the Bellingham Sister Cities p. 9 Board (Information) 22847 3. Mayor's Reappointment of Janet Ott to the Sehome Hill Arboretum p. 10 Board of Governors (Information) 22848 4. Mayor's Reappointment of Alexis Blue to the Parks & Recreation p. 11 Advisory Board (Information) 22849 5. Mayor's Reappointment of David Falk and Appointment of Janet p. 12 Rogerson to the Historic Preservation Commission (Approval) 22850 6. Mayor's Reappointment of Laura Weiss to the Lake Whatcom p. 17 Watershed Advisory Board (Approval) Public Hearing 22844 1. A Public Hearing to Consider Five Requests to Docket Amendments to p. 18 the Bellingham Comprehensive Plan for Review in 2020-2021 15-Minute Public Comment Period 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: Finance and Economic Development 1:00 PM Pinky Vargas, Chair Lisa Anderson, Hollie Huthman 22851 1. Presentation of Stewardship Award Letter by the Washington State p. 155 Auditor's Office Parks and Recreation 1:05 PM Lisa Anderson, Chair Hannah Stone, Michael Lilliquist 22852 1. Proposed Estate Donation of Lundquist Woods p. 156 Committee Of The Whole 1:10 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. 22853 1. Ordinance to Adopt the 2018 International Fire Code with Local p. 165 Amendments 22854 2. Ordinance to Adopt the 2018 Washington State Building Code with p. 202 Local Amendments 3. Approval of Minutes 4. Old/New Business Executive Session Closed to the public. Report in the Regular Meeting only: 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. 22855 1. Authorization of Payroll Labor Cost Payments Dated November 1, p. 243 2020 to November 15, 2020 22856 2. Authorization of A/P Transactions Issued November 26, 2020 through p. 244 December 03, 2020 22857 3. Interlocal Agreement Between the City of Bellingham and Whatcom p. 245 Transportation Authority 22858 4. Authorize the Mayor to Enter into an Interlocal Agreement with p. 251 Whatcom County to Utilize Offender Work Crews to Perform Clean-up and Vegetation Management as Needed 22859 5. Authorize the Mayor to Enter into an Inter-Agency Agreement with p. 262 the Department of Ecology for Grant Funding for the Little Squalicum Creek Water Quality Retrofit Project 22860 6. Authorize the Mayor to Enter into an Inter-Agency Agreement with p. 306 the Department of Ecology for Grant Funding for the Padden Creek 24th - 30th Streets Restoration Project, Phase 1 Final Consideration of Ordinances 22798 1. An Ordinance of the City of Bellingham Amending the Land Use p. 347 Chapter of the 2016 Bellingham Comprehensive Plan to Add New Food Policies 22564 2. An Ordinance of the City of Bellingham Relating to Land Use Planning p. 358 and Updating the Bellingham Comprehensive Plan, with the New Parks, Recreation and Open Space Plan 22799 3. An Ordinance of the City of Bellingham Relating to the Bellingham p. 469 Comprehensive Plan, Amending the Area 1 Policy Narrative in the York Neighborhood Plan 22778 4. An Ordinance Authorizing Closure of the Drake Note Fund p. 480 22838 5. An Ordinance Authorizing Closure of the Olympic Pipeline Incident p. 483 Fund 22840 6. An Ordinance Amending the 2019-2020 Biennial Budget Increasing p. 486 Estimated Revenues and Expenditures and Authorizing an Interfund Loan of up to $100,000 from the General Fund to the Medic One Fund 22775 7. An Ordinance Adopting 2021-2022 Biennial Budget p. 489 22839 8. An Ordinance Relating to the 2021-2022 Budget Authorizing an p. 494 Interfund Loan of $1,465,993 from the Greenways Maintenance Endowment Fund to the Public Safety Dispatch Fund 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, January 4, 2021 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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