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City Council - Regular Meeting

Regular Meeting

Bellingham, WA · April 12, 2021

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Minutes

City of Bellingham City Council Regular Meeting Minutes April 12, 2021, 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. 1. On April 26, 2021 at 7:00 PM there will be a Public Hearing on a proposed ordinance to establish a tourism promotion area pursuant to chapter 35.101 RCW in the jurisdictional boundaries of the City of Bellingham and unincorporated areas of Whatcom County (the “Bellingham Whatcom County Tourism Promotion Area”). 2. On April 26, 2021 at 7:00 PM there will be a Public Hearing on a proposed resolution of the Bellingham City Council providing for the City to relinquish, pursuant to RCW 35.94.040, a general utility easement retained in Ordinance 6861, which is located in the vacated east one half of King Street, between E. Maryland Street and E. Illinois Street, between Block 179 in the plat of Sunnyland, and the Public Park Block in the map of the plat of the First Addition to New Whatcom, in the records of the Whatcom County Auditor, Washington; commonly known as 2700 King Street, Bellingham, Washington, APN 380320 040232 0000, on the grounds that said easement is surplus to the City’s needs and is not required for providing continued public utility services. 3. On April 26, 2021 at 7:00 PM there will be a Public Hearing on a proposed resolution of the Bellingham City Council providing for the City to partially relinquish, pursuant to RCW 35.94.040, a general utility easement retained in Ordinance 6871, which is 10 feet on each side of Easton Avenue, from 10th Street to the West line of the Lysle Donation Claim said portion specifically abutting the property commonly known as 622 11th Street, Bellingham, Washington, APN 370201 091414 0000, on the grounds that said portion of the easement is surplus to the City’s needs and is not required for providing continued public utility services. City of Bellingham Regular City Council Meeting Page 1 of 7 4/12/2021 Minutes Roll Call Present: Council President Hannah Stone, First Ward Council Member Gene Knutson, Second 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 Excused Council Member Daniel Hammill, Third Ward Public Hearing 22955 1. Public Hearing on Relinquishment of Railroad Franchise Authority in Certain Vacated Streets Eric Johnston, Public Works Director, shared where the rights would be relinquished. Council President Stone opened the public hearing. Public Comment was taken. There being no further comments, the public hearing was closed. Gene Knutson / Michael Lilliquist moved final approval of Resolution #2021-05. MOTION CARRIED 6-0-1, Dan Hammill excused. Mayor's Report Standing time for briefings, updates and reports to Council by the Mayor, if needed. Information only. The Mayor reported that there will be three City publications available this month. The new Spring Playbook, a publication of the Parks and Recreation Department, will be mailed to many Bellingham resident's homes. The Spring issue of Inside Bellingham newsletter will be available this month and feature climate action updates, the status of the Central Library remodel, and updates to the Postpoint Treatment Plant. An annual Water Quality Report detailing the results of tests for safe drinking water will be provided to each of our water customers. Mayor Fleetwood announced that the City has hired a new Human Resource Director. He introduced Elizabeth Monahan, and welcomed her to the City. He thanked Brian Heinrich, Deputy Administrator, for his many years of service in that role. City of Bellingham Regular City Council Meeting Page 2 of 7 4/12/2021 Minutes The City is amid a recruitment effort for a new Police Chief. Flo Simon, Interim Police Chief, will be retiring this year. Residents of Bellingham are encouraged to share what characteristics they would like to see in a Police Chief by commenting at https://engagebellingham.org Later this month, the administration is working with the County to establish a Racial Equity Commission. The idea to create this commission grew out of the Listening Series from last year's sessions. It will be led by the Chuckanut Health Foundation. An interlocal agreement is expected to be on the County Council's agenda April 20 and come before the City Council for approval at the April 26 meeting. 22956 1. Mayor's Reappointment of Stephen Gockley to the Bellingham Housing Authority Board of Commissioners (Information) The Mayor reappoints Stephen Gockley to his first full term on the Bellingham Housing Authority Board of Commissioners, which will expire on April 18, 2026, at which time he may be reappointed. Information only. 22957 2. Mayor's Reappointment of Brooks Anderson and Steven James to the Mayor's Neighborhood Advisory Commission (Information) The Mayor reappoints Brooks Anderson to her final term, on the Neighborhood Advisory Commission as the Fairhaven Neighborhood Primary Representative, which will expire on October 18, 2022. The Mayor reappoints Steven James to his final term, on the Neighborhood Advisory Commission as the Puget Neighborhood Primary Representative, which will expire on March 8, 2023. Information only. 22958 3. Mayor's Reappointment of George Sanders to the Museum Foundation Board (Approval) Lisa Anderson / Pinky Vargas moved to approve the Mayor's reappointment of George Sanders to his second term, on the Museum Foundation Board, which will expire on February 28, 2024, at which time he may be reappointed. MOTION CARRIED 6-0-1, Dan Hammill excused. City of Bellingham Regular City Council Meeting Page 3 of 7 4/12/2021 Minutes 22959 4. Mayor's Reappointment of Scott Jones to the Planning and Development Commission (Approval) Michael Lilliquist / Lisa Anderson moved to approve the Mayor's reappointment of Scott Jones to his first full term on the Planning and Development Commission, which will expire on April 1, 2025, at which time he may be reappointed. MOTION CARRIED 6-0-1, Dan Hammill excused. 22960 5. Mayor's Appointment of John Baker, Holly Pai, and Australia Shanghai Cosby as Primary Representatives and Marciano Sanchez Lopez as an Alternate Representative to the Immigration Advisory Board (Approval) Lisa Anderson / Hollie Huthman moved to approve the Mayor's appointments of John Baker, Holly Pai, and Australia Shanghai as Primary Representatives and Marciano Sanchez Lopez as an Alternative Representative to the Immigration Advisory Board. MOTION CARRIED 6-0-1, Dan Hammill excused. Public Comment Period Public Comment was taken. Council Standing Committee Meetings: Public Works and Natural Resources Michael Lilliquist, Chair Gene Knutson, Lisa Anderson 22950 1. Noise Variance - WSDOT I-5 & SR 11 Padden Creek Fish Passage Project Michael Lilliquist / Gene Knutson moved approval of the noise variance request of WSDOT and Granite Construction for the Padden Creek Fish Passage project in the Samish, South, and Happy Valley neighborhoods. MOTION CARRIED 6-0-1, Dan Hammill excused. 22951 2. An Ordinance Updating the Bellingham Municipal Code Sections Governing Adjustments to Utility Bills for Leaks, Billing Errors and Hard Surfaces Michael Lilliquist / Hollie Huthman moved for first and second reading. MOTION CARRIED 6-0-1, Dan Hammill excused. City of Bellingham Regular City Council Meeting Page 4 of 7 4/12/2021 Minutes 22952 3. Bid Award for Park Place Water Quality Facility Reconstruction, EV-0155, Bid #8B-2021 Michael Lilliquist / Lisa Anderson moved to award Bid No. 8B-2021 for Park Place Water Quality Facility Reconstruction to Boss Construction of Bellingham 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 $1,674,175.03, which includes any applicable WSST. MOTION CARRIED 6-0-1, Dan Hammill excused. Parks and Recreation Gene Knutson, Chair Pinky Vargas, Lisa Anderson 20625 1. Amendment to Lease Agreement 2014-0592 with Bellingham Technical College to Control Parking Lot Due to Safety Concerns Gene Knutson / Lisa Anderson moved to authorize the Mayor to enter into an amendment to the lease agreement with Bellingham Technical College to control the parking lot due to safety concerns. MOTION CARRIED 6-0-1, Dan Hammill excused. Committee of the Whole Hannah Stone, Chair Gene Knutson, 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. 22953 1. Ordinance Relating to Hazard Pay for Grocery Workers Hannah Stone / Lisa Anderson moved to amend the hazard pay ordinance to incorporate the changes to the definition of employee described on page 73 of the agenda bill packet and the definition of grocery business to include only grocery stores operating in Bellingham with 40 or more employees as described on page 74 of the agenda bill packet and to bring the amended ordinance forward for a public hearing and consideration by Council on April 26. MOTION CARRIED 4-2-1, Gene Knutson and Pinky Vargas opposed, Dan Hammill excused. City of Bellingham Regular City Council Meeting Page 5 of 7 4/12/2021 Minutes 22930 2. Part 3 in a Series of Staff Presentations in Preparation for City Council Adoption of the 2021-2022 Housing and Urban Development (HUD) Action Plan Presentation during Committee. Council indicated that they would like to see funding prioritized for programs that aid families with children. Information only. 22954 3. Introduction of the City's Update of its Shoreline Master Program (SMP) Presentation during Committee. Information only. 4. Approval of Minutes Gene Knutson / Hollie Huthman moved approval of the March 22, 2021 minutes of the regular City Council meeting as submitted. MOTION CARRIED 5-0-2, Pinky Vargas abstained and Dan Hammill excused. 5. Old/New Business Council Member Lilliquist reported that the Whatcom Transportation Authority, is planning to resume their fare collections, most likely starting in June of 2021. Council Member Vargas shared that the Mt. Baker Theatre is open again (movies only and limited capacity). Council Member Knutson stated that he serves on the Greenways Advisory Committee and informed all that soon there will be a tour of all City parks in Bellingham. He will report back later to include the exact date and time. Council Member Anderson serves on the Airport Advisory Committee and reported that there was some discussion of adding another carrier, possibly Southwest Airlines to our HUB. 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. 22929 1. Consideration of a Revised Resolution Forming a Bellingham Whatcom County Tourism Promotion Area City of Bellingham Regular City Council Meeting Page 6 of 7 4/12/2021 Minutes Gene Knutson / Hollie Huthman moved approval of Resolution #2021-06. MOTION CARRIED 6-0-1, Dan Hammill excused. 22961 2. Authorization of Payroll Labor Cost Payments Dated March 01, 2021 to March 15, 2021 22962 3. Authorization of A/P Transactions Issued March 12, 2021 through March 18, 2021 22963 4. Authorization of A/P Transactions Issued March 19, 2021 through March 25, 2021 22964 5. Authorization of A/P Transactions Issued March 26, 2021 through April 01, 2021 Gene Knutson / Hollie Huthman moved approval of the Consent Agenda in its entirety. MOTION CARRIED 6-0-1, Dan Hammill excused. Adjournment There being no further business, the meeting adjourned at 8:12 PM. Hannah Stone, Council President ATTEST: Elisabeth Oakes, Deputy City Clerk APPROVED: 4/26/2021 City of Bellingham Regular City Council Meeting Page 7 of 7 4/12/2021 Minutes

Agenda

City of Bellingham City Council Regular Meeting Agenda April 12, 2021, 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. 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 is encouraged and can be presented to the Council by mail (210 Lottie Street, Bellingham, WA 98225), online (cob.org/ccsignup), or by telephone (360-778-8200). For live testimony, pre-registration through the meeting link (cob.org/ccsignup) is encouraged but not required. Anyone wishing to testify live during the meeting can join the remote meeting at the following link: cob.org/cczoom. 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: 941 9601 5179 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 April 26, 2021 at 7:00 PM there will be a Public Hearing on a proposed ordinance to establish a tourism promotion area pursuant to chapter 35.101 RCW in the jurisdictional boundaries of the City of Bellingham and unincorporated areas of Whatcom County (the “Bellingham Whatcom County Tourism Promotion Area”). 2. On April 26, 2021 at 7:00 PM there will be a Public Hearing on a proposed resolution of the Bellingham City Council providing for the City to relinquish, pursuant to RCW 35.94.040, a general utility easement retained in Ordinance 6861, which is located in the vacated east one half of King Street, between E. Maryland Street and E. Illinois Street, between Block 179 in the Plat of Sunnyland, and the Public Park Block in the Map of the Plat of the First Addition to New Whatcom, in the records of the Whatcom County Auditor, Washington; commonly known as 2700 King Street, Bellingham, Washington, APN: 380320 040232 0000, on the grounds that said easement is surplus to the City's needs and is not required for providing continued public utility services. 3. On April 26, 2021 at 7:00 PM there will be a Public Hearing on a proposed resolution of the Bellingham City Council providing for the City to partially relinquish, pursuant to RCW 35.94.040, a general utility easement retained in Ordinance 6871, which is 10 feet on each side of Easton Avenue, from 10th Street to the West line of the Lysle Donation Claim said portion specifically abutting the property commonly known as 622 11th Street, Bellingham, Washington, APN 370201 091414 0000, on the grounds that said portion of the easement is surplus to the City's needs and is not required for providing continued public utility services. Roll Call Public Hearing 22955 1. Public Hearing on Relinquishment of Railroad Franchise Authority in p. 7 Certain Vacated Streets Mayor's Report Standing time for briefings, updates and reports to Council by the Mayor, if needed. Information only. 22956 1. Mayor's Reappointment of Stephen Gockley to the Bellingham p. 23 Housing Authority Board of Commissioners (Information) 22957 2. Mayor's Reappointment of Brooks Anderson and Steven James to the p. 24 Mayor's Neighborhood Advisory Commission (Information) 22958 3. Mayor's Reappointment of George Sanders to the Museum p. 25 Foundation Board (Approval) 22959 4. Mayor's Reappointment of Scott Jones to the Planning and p. 26 Development Commission (Approval) 22960 5. Mayor's Appointment of John Baker, Holly Pai, and Australia p. 27 Shanghai Cosby as Primary Representatives and Marciano Sanchez Lopez as an Alternate Representative to the Immigration Advisory Board (Approval) 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: Public Works and Natural Resources 11:00 AM Michael Lilliquist, Chair Gene Knutson, Lisa Anderson 22950 1. Noise Variance - WSDOT I-5 & SR 11 Padden Creek Fish Passage p. 34 Project 22951 2. An Ordinance Updating the Bellingham Municipal Code Sections p. 41 Governing Adjustments to Utility Bills for Leaks, Billing Errors and Hard Surfaces 22952 3. Bid Award for Park Place Water Quality Facility Reconstruction, EV- p. 51 0155, Bid #8B-2021 Parks and Recreation 1:00 PM Gene Knutson, Chair Pinky Vargas, Lisa Anderson 20625 1. Amendment to Lease Agreement 2014-0592 with Bellingham p. 56 Technical College to Control Parking Lot Due to Safety Concerns Committee Of The Whole 1:30 PM Hannah Stone, Chair Gene Knutson, 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. 22953 1. Ordinance Relating to Hazard Pay for Grocery Workers p. 68 22930 2. Part 3 in a Series of Staff Presentations in Preparation for City Council p. 89 Adoption of the 2021-2022 Housing and Urban Development (HUD) Action Plan 22954 3. Introduction of the City's Update of its Shoreline Master Program p. 96 (SMP) 4. Approval of Minutes 5. Old/New Business 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. 22929 1. Consideration of a Revised Resolution Forming a Bellingham p. 99 Whatcom County Tourism Promotion Area 22961 2. Authorization of Payroll Labor Cost Payments Dated March 01, 2021 p. 133 to March 15, 2021 22962 3. Authorization of A/P Transactions Issued March 12, 2021 through p. 134 March 18, 2021 22963 4. Authorization of A/P Transactions Issued March 19, 2021 through p. 135 March 25, 2021 22964 5. Authorization of A/P Transactions Issued March 26, 2021 through p. 136 April 01, 2021 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 Deputy City 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, April 26, 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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