City Council - Regular Meeting

City of Bellingham City Council Regular Meeting Minutes June 21, 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. 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 Presentation 22593 1. Update on COVID-19 Response Dr. Greg Stern, with Whatcom County Health Department, provided an update on case counts, hospitalizations, and concerns about vaccines. Case rates are down from November 2020. Case rates vary by county sub-area, but all are decreasing. We are currently under 100 cases per 100,000 persons in Whatcom County. The number of persons with COVID-19 requiring hospitalization are 4-5 people at this time. Vaccination coverage includes: As of June 16, 2021, 58% of total population have initiated vaccination. 51.6 % are fully vaccinated. City of Bellingham Regular City Council Meeting Page 1 of 9 6/21/2021 Minutes  The FDA has technical staff and is encouraging any adverse reactions to the VAERS reporting system. Anyone can report including physicians, hospitals, clinicians, and patients. The CDC looks at the reports and looks for patterns. Council Members asked questions. Public Hearing 23021 1. A Public Hearing on Ordinance 2021-05-015 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 and Community Development Director, explained that on May 10, 2021, City Council approved a six-month extension on an emergency moratorium on the processing of development applications and permits relating to the redevelopment of existing mobile home parks in Bellingham. State law requires the Council to hold a Public Hearing within 60 days of the passage. He recommends that the Council take no action and leave the moratorium in place. The Planning Commission needs more time for their review. Council President Stone opened the Public Hearing. There being no speakers, the Public Hearing was closed. Council Members agreed to take no action at this time. Mayor's Report Standing time for briefings, updates and reports to Council by the Mayor, if needed. Information only. 23022 1. Mayor's Reappointments to the Immigration Advisory Board (Approval) Gene Knutson / Michael Lilliquist moved to reappoint Ada Rumford and Liz Darrow to their first full terms on the Immigration Advisory Board, which will expire on June 23, 2023, at which time they may be reappointed. MOTION CARRIED 7-0. Mayor Fleetwood reported that there are some new amenities at Bloedel Donovan Park. Swim floats are installed and finishing touches are underway. Lifeguards will be on duty starting June 26. He thanked the Bellingham Marine Industries of Ferndale, Bellingham Bay Rotary, Docks for Kids, Anchor QEA, Surowiecki Brothers Construction, and other community members for their donations. City of Bellingham Regular City Council Meeting Page 2 of 9 6/21/2021 Minutes  A new tenant has signed a lease to rent space at the 1310 Commercial Street space (the Commercial Street Parking Garage). The lease is with MW SoapWorks. MW SoapWorks (soap, bath and beauty products) is leasing the space at full market-rate and he welcomed them to their new space. The City is working on other leases and hopes to soon fill the lease vacancies in the ground floor level of the Parking Garage facility. The Mayor announced that starting June 30, the City will resume some in-person services. The doors of the Permit Center, Finance, and the Mayor's office will be open. Hours of operation will be announced later this week. Members of the Public who are not vaccinated will be asked to wear masks while in City offices. Currently there are no changes to the in-person meetings schedule. The City awaits guidance about in-person meetings from the Governor's office and we will continue holding public meetings via online platforms. He thanked everyone for their patience. Fireworks are illegal within the City of Bellingham limits. The Port of Bellingham will provide an Independence Day fireworks display on July 4 over the Bay. He thanked Rick Sepler, Planning and Community Development Director, for his years of service to the City. Council Members joined Mayor Fleetwood in well wishes to Director Sepler as he retires at the end of the month. Public Comment Period Public Comment was taken. Council Standing Committee Meetings: Public Works and Natural Resources Michael Lilliquist, Chair Gene Knutson, Lisa Anderson 23023 1. Report from the June 2, 2021 Lake Whatcom Policy Group Meeting Presentation during Committee. Five items from the June 2 meeting on the Policy Group were discussed. They included a review of 2021 stormwater projects by both the City & the County, an update on Forest Practices, Annual Lake Whatcom Build-out Report, Bloedel Donovan boat access issues, and topic for the next meeting. Information only. City of Bellingham Regular City Council Meeting Page 3 of 9 6/21/2021 Minutes 23024 2. Bid Award for Indefinite Delivery, Indefinite Quantity (IDIQ) On Call Multiple Hearth Incinerator Repair BID #19B-2021 Michael Lilliquist / Gene Knutson moved to award Bid No.19B-2021 for indefinite delivery and indefinite quantity to JT Thorpe of Burlington, 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 $403,193.43, (enables expenditures up to $2,100,000,) which includes any applicable WSST. MOTION CARRIED 7-0. 23025 3. Bid Award for Anderson Creek Water Quality Improvements, BID #4B-2021 Michael Lilliquist / Lisa Anderson moved to award Bid No. 4B-2021 for Anderson Creek Water Quality Improvements to Colacurcio Brothers Inc of Blaine, 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 $445,941.51, which includes any applicable WSST. MOTION CARRIED 7-0. 23026 4. A Discussion About Renewing the Cascade Natural Gas and Olympic Pipeline Franchises to Operate and Maintain their Respective Pipeline Facilities within Bellingham Rights-of-Way and Public Property Discussion during Commitee. Staff provided information on the franchise process and next steps. Council asked questions and staff will return with responses at a later date. Information only. 22890 5. Residential Solid Waste Overview #3 Presentation during Committee. A discussion took place regarding what it would take for all residential customers to have additional waste disposal options, such as food and yard waste bins. Staff will return with their research and findings at a later date. Information only. Planning Lisa Anderson, Chair Daniel Hammill, Hollie Huthman 23028 1. An Update on the City's Multifamily Tax Exemption Program City of Bellingham Regular City Council Meeting Page 4 of 9 6/21/2021 Minutes  Discussion during Committee. Greg Aucutt, Assistant Director of Planning and Community Development, provided a summary of exemptions under the City’s Multifamily Tax Exemption Program. Information only. Parks and Recreation Gene Knutson, Chair Pinky Vargas, Lisa Anderson 21801 1. Second Modification to Services Agreement - Lake Padden Golf Course Management Agreement Gene Knutson / Lisa Anderson moved to authorize the Mayor to enter into a renewal agreement with Premier for Lake Padden Golf Course Management. MOTION CARRIED 7-0. Climate Action Pinky Vargas, Chair Daniel Hammill, Michael Lilliquist 23030 1. Progress Report on 2021 Implementation Plan for Climate Action Plan Progress report was given during Committee. Focus included Renewable Energy, Energy Efficiency and Conservation, Transportation, Green Building, Land Use and Waste Reduction. City Council proposed a conversation with the PUD to be started regarding a large solar project. Information only. 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. 23003 1. An Ordinance Amending the 2021-2022 Biennial Budget Increasing Revenues and Expenditures for American Rescue Plan Act Funding City of Bellingham Regular City Council Meeting Page 5 of 9 6/21/2021 Minutes  Hannah Stone / Daniel Hammill moved for first and second reading. MOTION CARRIED 7-0. 23032 2. An Ordinance Creating a New Fund to Account for the Sales and Use Tax for Housing and Related Services and Amending the 2021-2022 Biennial Budget Hannah Stone / Hollie Huthman moved for first and second reading. MOTION CARRIED 7-0. 23033 3. Consideration of Proposals to Amend the City Charter Signature Requirements for Ballot Initiatives and Charter Amendments by the Petition Method Hannah Stone / Michael Lilliquist moved to direct staff to draft a resolution that would send a ballot proposal to Bellingham voters amending the City Charter that removes existing language about extension of deadlines and reduces the required signature percentage down to 10% (instead of the proposed 8%) from the original 20% for ballot initiatives by the petition method. MOTION CARRIED 6-1. Opposed: Daniel Hammill 23015 4. Discussion of Options for Civilian Oversight of Law Enforcement in Bellingham Presentation of research during Committee. Council directed staff to reach out to stakeholders and work with staff and the Mayor's office on a timeline and bring back to Council for further consideration. 22971 5. Fire Department Strategic Plan A third presentation by Bill Hewett, Fire Chief during Committee. He outlined the last six goals listed in plan that cover training, wellness, dispatch, emergency management, life safety and future growth. Information only. 22953 6. Review of an Ordinance of the City of Bellingham, Washington, Relating to Employment in Bellingham; Establishing Labor Standards Requirements for Additional Compensation for Certain Grocery Employees Working in Bellingham Review of the ordinance during Committee. Information only. 7. Approval of Minutes City of Bellingham Regular City Council Meeting Page 6 of 9 6/21/2021 Minutes  Gene Knutson / Hollie Huthman moved approval of the June 7, 2021, minutes of the regular City Council meeting as submitted. MOTION CARRIED 7-0. 8. Old/New Business Michael Lilliquist reported that he and Hollie Huthman both serve on the WTA Board (Whatcom Transportation Authority). He reported that the WTA will resume fare collection. Charges for youth are waived and those 17 and younger can ride free of charge. Council President Stone reported that City Council will continue to meet remotely. She also reported that the Immigration Advisory Board brought forward a draft ordinance that she shared via email creating an immigrant and refugee resource center. The Board was first looking for feedback and review from the Legal Department before forwarding to the City Council. Upon review from the Legal Department, the ordinance would be presented to administration and Council for consideration and review. She also noted that the World Relief is looking to open a refugee and relocation sub-office in Whatcom County. Through that, the Board is exploring what services would be available in the community. Council Members Anderson, Vargas, and Lilliquist expressed support for a welcoming center for immigrants and partner with other agencies. The Mayor asked for clarification on the request. Council President Stone explained that the Board would like the City to partner with immigrant agencies and meet with the Advisory Board for further discussion. Executive Session – Report and Action only. 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. Litigation: Lev v. City of Bellingham, et al. City of Bellingham Regular City Council Meeting Page 7 of 9 6/21/2021 Minutes  Staff provided information on a litigation matter. Gene Knutson / Pinky Vargas moved to authorize the Mayor to enter into contracts with outside legal counsel to assist the City Attorney's Office in this matter. MOTION CARRIED 7-0. Gene Knutson / Pinky Vargas moved to direct the administration to enter negotiations with Whatcom County on an inter-local agreement to pay the County a reasonable amount for costs associated with prosecution, adjudication, and sentencing in criminal cases filed in district court, so the City is poised to act if City Council adopts an ordinance under RCW 3.50.060 terminating the Bellingham Municipal Court. MOTION CARRIED 6-1, Stone opposed. 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. 23034 1. Authorization of A/P Transactions Issued May 21, 2021 through May 27, 2021 23035 2. Authorization of A/P Transactions Issued May 28, 2021 through June 03, 2021 23036 3. Authorization of A/P Transactions Issued June 04, 2021 through June 10, 2021 23037 4. Authorization of Payroll Labor Cost Payments Dated May 16, 2021 to May 31, 2021 Gene Knutson / Hollie Huthman moved approval of the Consent Agenda in its entirety. MOTION CARRIED 7-0. Final Consideration of Ordinances 23013 1. An Ordinance Amending the 2021-2022 Biennial Budget Adding a Plans Examiner Position in the Development Services Fund Daniel Hammill / 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: Stone, Knutson, Hammill, Vargas, Anderson, Lilliquist, Huthman NAYS: (None) City of Bellingham Regular City Council Meeting Page 8 of 9 6/21/2021 Minutes  EXCUSED: (None) MOTION CARRIED and was thereafter named Ordinance 2021-06-025. 22982 2. An Ordinance Amending BMC Chapter 8.04 Regarding Parks and Trails and Providing New Rules for Electric-Assisted Bicycles on Trails, Prohibiting Smoking, Reducing Speed Limits, and Other Updates 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 2021-06-026. Adjournment There being no further business, the meeting adjourned at 9:31 PM. Hannah Stone, Council President ATTEST: Elisabeth Oakes, Deputy City Clerk APPROVED: 7/12/2021 City of Bellingham Regular City Council Meeting Page 9 of 9 6/21/2021 Minutes