City Council - Regular Meeting

City of Bellingham City Council Regular Meeting Minutes August 30, 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 September 27, 2021, at 7:00 PM there will be a Public Hearing for consideration of amendments to the Bellingham Comprehensive Plan and Municipal Code for the Residential-Multi project. 2. On September 27, 2021, at 7:00 PM there will be a Public Hearing for consideration of changes to BMC 20.15, temporary shelters for people experiencing homelessness. Currently, shelter sites are limited to two years. The proposal would allow up to three one-year renewals for sites that meet proposed criteria. 3. On October 11, 2021, at 7:00 PM there will be a Public Hearing to consider a draft ordinance amending Title 7 of the Bellingham Municipal Code to revise setback requirements for beekeeping. 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 City of Bellingham Regular City Council Meeting Page 1 of 10 8/30/2021 Minutes Presentation 22593 1. Update on COVID-19 Response Erika Lautenbach, Director of the Whatcom County Health Department, expressed concerns about the case increases for COVID-19 at this time. It is recommended to use preventative measures and advised against large gatherings whether indoor or outdoor. Katie Sanford, Whatcom County Health Department, discussed the COVID-19 impact stories from the recent community assessment. Council Members asked questions. Public Hearing 23078 1. A Public Hearing to Consider Two Requests to Docket Amendments to the Bellingham Comprehensive Plan for Review in 2021-2022 Moshe Quinn, Planner, provided a presentation on the docket proposals. The Planning Commission recommended docketing the two proposals for review in 2021 - 2022 and approve the resolution provided in the agenda packet. Council President Stone opened the Public Hearing. Brad Swanson, with Belcher Swanson Law Firm, who represents both applicants of the docket proposals, spoke in favor of the proposals. He feels it makes sense to docket the application and review it. The Planning Commission found that the proposals meet the docketing criteria, and he asks that Council adopt the Planning Commission’s recommendations and docket the applications for full review. There being no further comments, the Public Hearing was closed. Gene Knutson / Pinky Vargas moved final approval of Resolution #2021-25. MOTION CARRIED 6-0-1, Dan Hammill excused. 23079 2. Public Hearing to Consider an Application from the Parks and Recreation Department for a Comprehensive Plan Amendment to Rezone Six Neighborhood Parks from a Residential Designation to a Public Zoning Designation City of Bellingham Regular City Council Meeting Page 2 of 10 8/30/2021 Minutes  Moshe Quinn, Planner, explained that this is a request to rezone six parks from a Residential designation to a Public zone. This is a procedural request to clean up the zoning requirements. Council President Stone opened the Public Hearing. There being no comments, the Public Hearing was closed. Gene Knutson / Hollie Huthman moved for first and second reading. MOTION CARRIED 6-0-1, Dan Hammill excused. 23080 3. Public Hearing to Consider a Request from City Staff to Amend the Capital Facilities and Utilities Chapter of the Bellingham Comprehensive Plan to Incorporate by Reference the City’s New Surface and Stormwater Comprehensive Plan Moshe Quinn, Planner, explained that this item is to amend the Capital Facilities and Utilities Chapter of the Bellingham Comprehensive Plan to include the City's new Surface and Stormwater Comprehensive Plan by reference. The amendment is needed to remove the outdated 2007 Stormwater Plan reference. The Planning Commission recommended the change and voted to approve the proposed Comprehensive Plan amendment by a 5-0 vote on July 8, 2021. President Stone opened the Public Hearing. There being no comments, the Public Hearing was closed. Gene Knutson / Michael Lilliquist moved for first and second reading. 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. Mayor Fleetwood shared that in regard to the Douglas Street vacation that recently passed by Council (5-2 vote), the City will guarantee that the trail going through the area is built and maintained at Parks quality standards. Tree retention will be at a two to one ratio for any that may be replaced during construction, and no fences will be allowed to impede access to the trail once it is constructed. Some new efforts regarding management of right-of-ways. He has asked staff to notify his office when a new request comes in so that he can alert City Council as well. This should add a new level of consideration. He also directed staff to prepare a series of presentations to City of Bellingham Regular City Council Meeting Page 3 of 10 8/30/2021 Minutes  help explain right-of-ways in a broader context. The first in the series is scheduled for the October 11, 2021 Council meeting. In addition, staff will begin a process by which the City assesses unimproved right-of-ways in the updated Bicycle Master Plan. 23081 1. Mayor's Appointments to the Mayor's Neighborhood Advisory Commission (Information) The Mayor appoints Louise Bjornson to serve as the Birchwood Primary Representative for her first term on the Neighborhood Advisory Commission, which will expire on August 16, 2023, at which time she may be reappointed. Information only. The Mayor appoints Christopher Grannis to serve as the South Primary Representative for his first term on the Neighborhood Advisory Commission, which will expire on August 16, 2023, at which time he may be reappointed. Information only. 23082 2. Mayor's Appointment of Jagwinder Gill to the Immigration Advisory Board (Approval) Lisa Anderson / Hollie Huthman moved approval of the Mayor's appointment of Jagwinder Gill to his first term on the Immigration Advisory Board, which will expire on August 30, 2023, at which time he may be reappointed. MOTION CARRIED 6-0-1, Dan Hammill excused. Public Comment Period Council Standing Committee Meetings: Public Works and Natural Resources Michael Lilliquist, Chair Gene Knutson, Lisa Anderson 23083 1. Bid Award for 2021 Roofing Project - Mount Baker Theatre, BID #36B-2021 Discussion during Committee. The Theatre obtained a grant from the State of Washington for exterior work completed in 2020 but did not spend all the authorized grant funds. Additional work is still needed. The 2021 roofing project of Mount Baker Theatre received two bids, which were publicly opened on August 10, 2021. Faber Construction Corporation was the responsible bidder who submitted the lowest responsive bid of $957,440.00, including any applicable Washington State Sales and Use Tax. Funding for the project will be from the City's General Fund and grant funds from the Mount Baker Theatre. City of Bellingham Regular City Council Meeting Page 4 of 10 8/30/2021 Minutes  Michael Lilliquist / Lisa Anderson moved to award Bid No. 36B-2021 for 2021 Roofing Project of the Mount Baker Theatre to Faber Construction Corporation of Lynden, Washington 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 $957,440.00, which includes any applicable WSST. MOTION CARRIED 6-0-1, Dan Hammill excused. 23084 2. Request for Sewer Service at 665 Marine Drive An update was provided during Committee. Michael Lilliquist / Hollie Huthman to approve and authorize the Mayor to enter into a contract that allows the property owner to connect to City sewer subject to the conditions of the sewer service agreement, which includes annexation. MOTION CARRIED 6-0-1, Dan Hammill excused. 23085 3. Interlocal Agreement Between the City of Bellingham and Western Washington University for Lake Whatcom Monitoring Presentation during Committee. Michael Lilliquist / Lisa Anderson to authorize the Mayor to enter into an interlocal agreement between the City and Western Washington University for Lake Whatcom monitoring. MOTION CARRIED 6-0-1, Dan Hammill excused. 22889 4. Update on the City of Bellingham Urban Forestry Management Plan Presentation during Committee. Council directed staff to return at a later date with further information that includes a briefing on current practices and policies on tree preservation. 23087 5. Lake Whatcom Total Maximum Daily Load (TMDL) Update - Part 1: Process Presentation during Committee. Staff will return at a later date to provide a presentation on monitoring and model preliminary findings. City Council Special Meeting City of Bellingham Regular City Council Meeting Page 5 of 10 8/30/2021 Minutes 23088 1. Closed Record Hearing to Consider a Street Vacation Petition for a Portion of Stuart Road Between Northwest Drive and Interstate 5 A closed record hearing was held during Committee. A unanimous recommendation was made and approved to adopt the Hearing Examiner's Findings of Fact, Conclusions, and Recommendation with no compensation. Hannah Stone / Lisa Anderson moved for first and second reading. MOTION CARRIED 6-0-1, Dan Hammill excused. 23089 2. Closed Record Hearing to Consider a Street Vacation Petition for "Center Street" Located Between D, E, Astor and Bancroft Streets in "Old Town" A closed record hearing was held during Committee. A unanimous recommendation was made and approved to adopt the Hearing Examiner's Findings of Fact, Conclusions, and Recommendation with compensation set at $84,000.00. Hannah Stone / Gene Knutson moved for first and second reading. MOTION CARRIED 6-0-1, Dan Hammill excused. Planning Lisa Anderson, Chair Daniel Hammill, Hollie Huthman 23090 1. Resolution to Relinquish Easement Recorded with the 1997 Dumas Avenue Street Vacation Ordinance Presentation during Committee. Staff recommended relinquishment of the surplus easement. Lisa Anderson / Hollie Huthman moved final approval of Resolution #2021-24. 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. City of Bellingham Regular City Council Meeting Page 6 of 10 8/30/2021 Minutes 23073 1. Update on City YouTube Channels Update during Committee. The City has received some assurance of service from YouTube after making contact with their regional representative, but not a guarantee of service if violations of their policies continue. The guarantee is relatively impossible to obtain and there is limited risk with going forward during live meetings. Information only. 23038 2. Discussion of In-Person City Meetings The Administration recommends that City Council meetings continue to be held remotely, with boards and commissions also meeting remotely. The decision was made due to the continuing increase in COVID-19 cases and the desire to maintain social distance as often as possible. Information only. 23091 3. Opportunities for Public Engagement with the City Council Discussion during Committee. Hannah Stone / Gene Knutson moved to implement a pilot program of hosting a general public comment period on an off Monday. The first one being scheduled for September 20, 2021. MOTION CARRIED 6-0-1, Dan Hammill excused. 23044 4. An Ordinance Adding a New Chapter 6.53 to the Bellingham Municipal Code to Regulate Third Party Food Delivery Platforms Effective date will be November 1, 2021. and Mark Gardner, Legislative Analyst, will work on outreach to the restaurant community to inform them of the ordinance. Hannah Stone / Hollie Huthman moved for first and second reading. MOTION CARRIED 6-0-1, Dan Hammill excused. 22599 5. Renewal and Extension of an Emergency Ordinance Imposing a Moratorium on the Processing of Applications for Detached Single-Family Development in Multi-Family Zones Hannah Stone / 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: City of Bellingham Regular City Council Meeting Page 7 of 10 8/30/2021 Minutes  AYES: Stone, Knutson, Vargas, Anderson, Lilliquist, Huthman NAYS: (None) EXCUSED: Hammill MOTION CARRIED and was thereafter named Emergency Ordinance 2021-08-033. 23093 6. An Ordinance Amending the 2021-2022 Biennial Budget Hannah Stone / Pinky Vargas moved for first and second reading. MOTION CARRIED 6-0-1, Dan Hammill excused. 23094 7. 2021 Second Quarter Financial Review Presentation during Committee. Information only. 8. Approval of Minutes Hollie Huthman / Gene Knutson moved approval of the August 2, 2021, minutes of the regular City Council meeting as submitted. MOTION CARRIED 5-0-2, Dan Hammill excused and Pinky Vargas abstained. 9. Old/New Business Council President Stone reminded everyone that the WTA sought a representative to serve on their board. Council Member Lilliquist was appointed by Council during Committee. Executive Session – Report and Action only. 1. Litigation: Young v. City of Bellingham, et al. (Bundy, approx. 10 mins) Special counsel provided information on a litigation matter. Gene Knutson / Hollie Huthman moved to authorize the Mayor to enter into a settlement agreement with the following terms: dismissal of the lawsuit and resolution of all claims related thereto for payment to the plaintiff of $100,000. MOTION CARRIED 6-0-1, Dan Hammill excused. 2. Litigation: Hanlon v. City of Bellingham City of Bellingham Regular City Council Meeting Page 8 of 10 8/30/2021 Minutes  Legal staff provided information on a litigation matter. For information and discussion. No action taken. 3. Litigation: Lev v. City of Bellingham Special counsel 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. 23095 1. Authorization of A/P Transactions Issued July 16, 2021 through July 23, 2021 23096 2. Authorization of A/P Transactions Issued July 24, 2021 through July 29, 2021 23097 3. Authorization of A/P Transactions Issued July 30, 2021 through August 05, 2021 23098 4. Authorization of Payroll Labor Cost Payments Dated July 16, 2021 to July 31, 2021 23099 5. Grant Easement to the Port of Bellingham at the Padden Lagoon 23100 6. Authorize the Mayor to Execute an Interagency Agreement with the Washington State Department of Ecology for the Pollution Prevention Assistance Partnership 23101 7. First Amendment to the Interlocal Agreement Between the City of Bellingham and Whatcom County to End the Coordinated Design of the West Horton Road Extension Project Gene Knutson / Michael Lilliquist moved approval of the Consent Agenda in its entirety. MOTION CARRIED 6-0-1. Dan Hammill excused. Final Consideration of Ordinances 23059 1. Ordinance Renewing the Cascade Natural Gas Franchise Gene Knutson / 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: City of Bellingham Regular City Council Meeting Page 9 of 10 8/30/2021 Minutes  AYES: Stone, Knutson, Vargas, Anderson, Lilliquist, Huthman NAYS: (None) EXCUSED: Hammill MOTION CARRIED and was thereafter named Ordinance 2021-08-032. Adjournment There being no further business, the meeting adjourned at 9:17 PM. Hannah Stone, Council President ATTEST: Elisabeth Oakes, Deputy City Clerk APPROVED: 9/13/2021 City of Bellingham Regular City Council Meeting Page 10 of 10 8/30/2021 Minutes