City Council - Regular Meeting

City of Bellingham City Council Regular Meeting Minutes April 26, 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 May 10, 2021 at 7:00 PM there will be a Public Hearing on a proposed ordinance adopting an alternative arterial street improvement standard for James Street between Orchard Drive and Gooding Avenue in the King Mountain Neighborhood. Roll Call Present: Council President Hannah Stone, First Ward Council Member Gene Knutson, Second 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 22599 1. Public Hearing on an Emergency Ordinance Imposing and Extending a Moratorium on the Processing of Applications for Detached Single-Family Development in Multi-Family Zones On March 9, 2020 the City Council adopted an emergency one-year moratorium ordinance that prohibits the acceptance or processing of any application for new single-family development in a multi-family zoned area. On March 8, 2021, the City Council adopted another emergency ordinance to extend the moratorium for another six months. State law requires the City Council to hold a public hearing on an City of Bellingham Regular City Council Meeting Page 1 of 11 4/26/2021 Minutes  emergency ordinance within 60 days of passage. The moratorium ensures land designated for multi-family development will be preserved and utilized at appropriate densities. Council President Stone opened the public hearing. Public Comment was taken. There being no further business, the public hearing was closed. The moratorium remains in place. 22965 2. Public Hearing and Resolution on the Proposed Relinquishment of a Surplus Utility Easement Encumbering 622 11th Street in Bellingham Staff has reviewed the request for relinquishment of a surplus utility easement and recommends that it 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 / Daniel Hammill moved final approval of Resolution #2021-07. MOTION CARRIED 7-0. 22966 3. Public Hearing and Resolution on the Proposed Relinquishment of a Surplus Utility Easement Encumbering Memorial Park at 2700 King Street in Bellingham The proposed relinquishment comes to the Council for decision upon request of the adjacent property owner, Bellingham School District 501. Staff has reviewed the request and determined that the portion of the easement that encumbers the subject property is surplus to the City's needs and can be relinquished. Council President Stone opened the public hearing. Public Comment was taken. There being no further comments, the public hearing was closed. Council Members asked questions. City of Bellingham Regular City Council Meeting Page 2 of 11 4/26/2021 Minutes  Lisa Anderson / Pinky Vargas moved final approval of Resolution #2021-08. MOTION CARRIED 6-0-1, Dan Hammill abstained. 22929 4. A Public Hearing to Consider Forming a Bellingham Whatcom County Tourism Promotion Area Upon adoption of a resolution providing notice of intention to establish the Bellingham Whatcom County Tourism Promotion Area, the required public hearing was scheduled for April 26, 2021. Council President opened the public hearing. Public Comment was taken. There being no further comments, the public hearing was closed. Pinky Vargas / Gene Knutson moved for first and second reading. MOTION CARRIED 7-0. 22953 5. Public Hearing to Consider a Hazard Pay Ordinance for Grocery Workers Michael Good, Assistant City Attorney, explained the edits that were approved in the ordinance include: in Section 7, A: to state that grocery businesses that “employ over 40 or more employees in the City of Bellingham” and in Section 8, A: to add "except for those employees described in Subsection D below." Council President Stone opened the public hearing. Public Comment was taken. Lisa Anderson / Member Lilliquist moved to bring the agenda item forward for first and second reading at the next Council Meeting scheduled for May 10, 2021. After discussion, Lisa Anderson / Michael Lilliquist moved to withdraw her motion. MOTION CARRIED 6-0-1, Gene Knutson opposed. Lisa Anderson / Michael Lilliquist moved for first and second reading as amended. MOTION CARRIED 5-2, Gene Knutson, Pinky Vargas opposed. Mayor's Report Standing time for briefings, updates and reports to Council by the Mayor, if needed. Information only. City of Bellingham Regular City Council Meeting Page 3 of 11 4/26/2021 Minutes 22967 1. Mayor's Appointment of Keith Moore to the Transportation Commission (Approval) Gene Knutson / Daniel Hammill moved the Mayor's appointment of Keith Moore to his first term, on the Transportation Commission, which will expire on April 26, 2024, at which time he may be reappointed. MOTION CARRIED 7-0. Public Comment Period Public Comment was taken. Council Standing Committee Meetings: Public Works and Natural Resources Michael Lilliquist, Chair Gene Knutson, Lisa Anderson 22938 1. Resolution Adopting ADA Transition Plan for Pedestrian Facilities in the Public Right-of-Way Council Member Lilliquist explained that recommendations from the Public Works staff developed the City's ADA Transition Plan for Pedestrian Facilities in the Public Rights-of-Way. A presentation was held during Committee. Michael Lilliquist / Gene Knutson moved final approval of Resolution #2021-09. MOTION CARRIED 7-0. 22968 2. Bid Award for City of Bellingham Operations Center Admin Building and Vehicle Barn - BID #12B-2021 Presentation during Committee. A new Operations Administration Building and a Vehicle Barn to support Public works Operations Maintenance, Parks Operations, and Public Works Natural Resources administrative activities is scheduled for construction. The City received five bids which were publicly opened on April 13, 2021. Michael Lilliquist / Hollie Huthman moved to award Bid No. 12B-2021 for City of Bellingham Operations Center Administration Building and Vehicle Barn to Speewest Construction of Edmonds, 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 $19,963,298.50 which includes any applicable WSST. City of Bellingham Regular City Council Meeting Page 4 of 11 4/26/2021 Minutes  MOTION CARRIED 7-0. Public Health, Safety, and Justice Daniel Hammill, Chair Gene Knutson, Hollie Huthman 22969 1. Interlocal Agreement for 2021 Paramedic Class Daniel Hammill / Gene Knutson moved to authorize the mayor to enter into an interlocal agreement with Whatcom County. MOTION CARRIED 7-0. 22970 2. An Ordinance Amending the 2021-2022 Biennial Budget Increasing Revenues and Expenditures for Paramedic Training Classes Discussion during Committee. The ordinance adds revenue and expenditure authority to fund the City's Paramedic Training Program in the interlocal agreement with Whatcom County. Daniel Hammill / Hollie Huthman moved for first and second reading. MOTION CARRIED 7-0. 22971 3. Fire Department Strategic Plan Presentation during Committee. Staff provided an overview of the planning process, identified goals, and provided an update on accomplishments related to the plan. The presentation was cut short due to time constraints and will be brought back to the Committee of the Whole for further discussion at a later meeting. Information only. Climate Action Pinky Vargas, Chair Daniel Hammill, Michael Lilliquist 22505 1. Energy Codes Work Session Discussion during Committee. Staff shared energy codes that were adopted by the City of Seattle that could be used in Bellingham. Pinky Vargas / Daniel Hammill moved to direct staff to develop an ordinance based on the City of Seattle's energy codes for commercial large and multi-family buildings. City of Bellingham Regular City Council Meeting Page 5 of 11 4/26/2021 Minutes  MOTION CARRIED 7-0. City Council Special Meeting 22834 1. Closed Record Hearing to Reconsider a Street Vacation Petition for the Full Width of Douglas Avenue Generally Located Between 21st Street and the Alley to the West A Special Meeting was held during the afternoon to host a Closed Record Hearing to reconsider a street vacation petition for the full width of Douglas Avenue generally located between 21st Street and the alley to the west. The Hearing Examiner's new recommendations are provided in Exhibit C as attached in the agenda packet. Hannah Stone / Gene Knutson moved to approve the vacation and set the compensation at $18,000. MOTION CARRIED 6-1, Anderson opposed. Hannah Stone / Michael Lilliquist moved for first and second reading. MOTION CARRIED 6-1, Lisa Anderson opposed. Committee of the Whole 1:15 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. 22972 1. Interlocal Agreement with Whatcom County to Support, Develop and Fund a Process to Create Recommendations on the Establishment of a County-Wide Racial Equity Commission Hannah Stone / Hollie Huthman moved to recommend approval of the interlocal agreement with Whatcom County to support, develop and fund a process to create recommendations on the establishment of a County-Wide Racial Equity Commission. MOTION CARRIED 7-0. 22189 2. Consideration of an Interlocal Agreement with Whatcom County for the Ground Level Response and Coordinated Engagement (GRACE) City of Bellingham Regular City Council Meeting Page 6 of 11 4/26/2021 Minutes  Hannah Stone / Daniel Hammill moved to authorize the Mayor to enter into an updated interlocal agreement with Whatcom County for the Ground Level Response and Coordinated Engagement (GRACE). The update reflects a continuation of the program and the partnership, it expands the program to include an additional case manager to support expansion of our behavioral health response and lastly, to design and plan a behavioral health crisis response program. MOTION CARRIED 7-0. 22973 3. An Ordinance Amending the 2021-2022 Adopted Biennial Budget Reconciling the Differences Between Estimated 2021 Beginning Reserve Balances and Actual 2021 Beginning Reserve Balances Pursuant to City Finance Policy, at the beginning of each biennium the City must update the Biennial Budget with actual beginning reserves and estimate new ending reserves for the biennium. The ordinance updates the beginning reserve figures. Hannah Stone / Hollie Huthman moved for first and second reading. MOTION CARRIED 7-0. 22974 4. An Ordinance Amending the 2021-2022 Biennial Budget Increasing Appropriation Authority in Various Funds to Pay for Goods and Services Authorized in the Previous Biennium The ordinance increases appropriations in the 2021-2022 biennium by reappropriating unused budget authority totally $31,938,305 from the 2019-2020 Biennium. At the end of each biennium, all remaining budget authority lapses, even if it is under contract for a project, program, or product. To pay those contracts and continue projects authorized in the previous biennium, the City Council must reappropriate the funds. Hannah Stone / Lisa Anderson moved for first and second reading. MOTION CARRIED 7-0. 22975 5. An Ordinance Amending the 2021-2022 Biennial Budget Increasing Revenues and Expenditures Consistent with Updated Revenue Forecasts and to Ensure Balanced Fund Budgets The ordinance amends the Biennial Budget, increasing revenues by $20,575,817 across several funds and reducing appropriations in the Technology Replacement Fund by $796,534, including shifting funds for two employees from that fund to the General Fund for $416,264. City of Bellingham Regular City Council Meeting Page 7 of 11 4/26/2021 Minutes  The ordinance is part of a series of ordinances to reconcile fund reserve balances and reappropriate budget from the previous biennium. It recognizes revenues consistent with the March 8th updated revenue forecast and makes adjustments needed to ensure that fund budgets remain balanced after adoption of the reserve reconciliation and reappropriations ordinances. Hannah Stone / Lisa Anderson moved for first and second reading as amended to reflect changes in the 2021-2022 Revenue Change column. MOTION CARRIED 7-0. 22025 6. Extension and Renewal of an Ordinance Establishing a Moratorium on Development Applications and Permits Relating to the Redevelopment of the Manufactured Home Parks in Bellingham Discussion during Committee. Staff recommended that the ordinance be adopted to renew the moratorium to allow time to complete review of potential preservation options with the Planning Commission and City Council. A public hearing is required to be held within 60 days of passage. Hannah Stone / Gene Knutson moved for first and second reading. MOTION CARRIED 7-0. 22930 7. Part 4 - the Final Part in a Series of Staff Presentations in Preparation for City Council Adoption of the 2021-2022 Housing and Urban Development (HUD) Action Plan Discussion during Committee on the funding priorities in Part 4 of a series of staff presentations in preparation for adoption of the 2021-2022 HUD Action Plan. Hannah Stone / Hollie Huthman moved final approval of Resolution #2021-10. MOTION CARRIED 7-0. 8. Approval of Minutes Michael Lilliquist / Dan Hammill moved approval of the March 31, 2021 minutes of the joint council meeting as submitted. MOTION CARRIED 7-0. City of Bellingham Regular City Council Meeting Page 8 of 11 4/26/2021 Minutes  Gene Knutson / Daniel Hammill moved approval of the April 12, 2021 minutes of the regular City Council meeting as submitted. MOTION CARRIED 7-0. 9. Old/New Business Council President Stone explained that Council and the Mayor received an email from the Immigration Advisory Board asking for review and response regarding the involvement of the Border Patrol in the clean-up efforts that occurred January 28, 2021 at City Hall. She requested that the issue be brought to the Public Safety and Justice Committee or the Committee of the Whole for further discussion. Mayor Fleetwood answered that a full briefing on the operation was given months ago but would be happy to provide an overview of the measures taken to remove the encampment at City Hall. Brian Heinrich, Deputy Administrator, asked that Council refer to the Bellingham Police Policy 417 and will present on that policy at a later time. Executive Session – Report and Action only. 1. Potential Property Acquisition Staff informed City Council that the City has entered into a purchase and sale agreement to acquire a 4.88-acre property with one potential development unit, owned by Phillip and Eileen Hipe and located in the Lake Whatcom Watershed (Parcel No. 3803360401900000). The purchase price is $350,000. Closing is contingent upon City Council approval. Prior to closing, the homeowner’s association disclosed two anticipated special assessments for road repairs and replacement of a community dock. Daniel Hammill / Lisa Anderson moved to reject the purchase and sale agreement for the Hipe property. MOTION CARRIED 6-0-1, Gene Knutson abstained. 2. Potential Property Acquisition Staff informed City Council that the City has entered into a purchase and sale agreement to acquire a 4.62-acre property with one potential development unit, owned by David and Paula Seifert and located in the Lake Whatcom Watershed (Parcel No. 3803360621720000). The purchase price is $375,000. Closing is contingent upon City Council approval. Prior to closing, the homeowner’s association disclosed two anticipated special assessments for road repairs and replacement of a community dock. City of Bellingham Regular City Council Meeting Page 9 of 11 4/26/2021 Minutes  Daniel Hammill / Lisa Anderson moved to reject the purchase and sale agreement for the Seifert property. MOTION CARRIED 6-0-1, Gene Knutson abstained. 3. Litigation: DeBruin et al. v. City of Bellingham Staff provided information on a litigation matter. Michael Lilliquist / Daniel Hammill moved to authorize the Mayor to enter into a contract with outside legal counsel to assist the City Attorney's Office in representing the City of Bellingham in this lawsuit. MOTION CARRIED 6-0-1, Gene Knutson abstained. 4. Litigation: Fox v. City of Bellingham Staff provided information on a litigation matter. For information and discussion. No action taken. 5. Litigation: Juarez v. City of Bellingham et al. Staff provided information on a 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. 22976 1. Authorization of A/P Transactions Issued April 02, 2021 through April 09, 2021 22977 2. Authorization of A/P Transactions Issued April 10, 2021 through April 15, 2021 22978 3. Authorization of Payroll Labor Cost Payments Dated March 15, 2021 to March 31, 2021 Gene Knutson / Daniel Hammill moved approval of the Consent Agenda in its entirety. MOTION CARRIED 7-0. Final Consideration of Ordinances City of Bellingham Regular City Council Meeting Page 10 of 11 4/26/2021 Minutes 22951 1. An Ordinance Updating the Bellingham Municipal Code Sections Governing Adjustments to Utility Bills for Leaks, Billing Errors and Hard Surfaces Michael Lilliquist / Gene Knutson 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: Stone, Knutson, Hammill, Vargas, Anderson, Lilliquist, Huthman NAYS: (None) EXCUSED: (None) MOTION CARRIED and was thereafter named Ordinance 2021-04-014. Adjournment There being no further business, the meeting adjourned at 10:38 PM. Hannah Stone, Council President ATTEST: Elisabeth Oakes, Deputy City Clerk APPROVED: 5/10/2021 City of Bellingham Regular City Council Meeting Page 11 of 11 4/26/2021 Minutes