City Council - Regular Meeting

City of Bellingham City Council Regular Meeting Minutes September 13, 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. 4. On October 11, 2021, at 7:00 PM there will be a Public Hearing to consider a request from the Bellingham School District to amend the Capital Facilities and Utilities Chapter of the 2016 Bellingham Comprehensive Plan to incorporate the District’s new Capital Facility Plan by reference. Roll Call Present: Council President 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 City of Bellingham Regular City Council Meeting Page 1 of 8 9/13/2021 Minutes  Council Member Hollie Huthman, At-Large Excused Council Member Gene Knutson, Second Ward Mayor's Report Standing time for briefings, updates and reports to Council by the Mayor, if needed. Information only. Mayor Fleetwood reported that the hospital has now set a record high for COVID-19 patients this past weekend. He asked that the community renew their efforts in reducing to spread the virus by practicing social distancing and wearing a mask indoors and outdoors in large crowds, as well as frequent handwashing and getting vaccinated. The Mayor announced that this year is the third annual All-In for Climate Action Week and it is set to begin on Monday, September 20 through Sunday, September 26 to celebrate awareness of climate change. The City's goal is to raise awareness and to become a completely carbon free city. He encouraged everyone to find out more information and how they can contribute at www.cob.org/climate. Council Standing Committee Meetings: 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. 23000 1. Update on Implementation of Interim Housing Strategies (i.e. Shelter) for Those Experiencing Homelessness Staff provided a progress update to Council during Committee. The update packet contained a memo, a table that contains a status report on projects, and Homeless Strategies Workgroup recommendations. There is new capacity for overnight sheltering spaces beginning this Fall. Information only. 23086 2. Consideration of Interlocal Agreement with Whatcom County for a Homeless Communication Strategy City of Bellingham Regular City Council Meeting Page 2 of 8 9/13/2021 Minutes  Hannah Stone / Michael Lilliquist moved to authorize the Mayor to enter into an interlocal agreement with Whatcom County for a Homeless Communication Strategy. MOTION CARRIED 6-0-1, Gene Knutson excused. 23092 3. Proposed Ordinance Accepting Donation of Hillside Estates Stormwater Facility The Hillside Estates Stormwater Facility is a privately owned facility located in the City of Bellingham. The HOA has offered to donate the facility to the City. Staff recommends that Council accept the donation by adopting the attached proposed ordinance as authorized by Chapter 4.90 of the Bellingham Municipal Code. Hannah Stone / Michael Lilliquist moved for first and second reading. MOTION CARRIED 6-0-1, Gene Knutson excused. 23102 4. Bid Award for Job Order Contracting - Construction Services: Bid #26B-2021 Hannah Stone / Hollie Huthman moved to award Bid No. 26B-2021 to both Forma Construction and Colacurcio Brothers as qualified firms to perform general construction work in accordance with the City's Job Order Contracting Program (JOC). Forma Construction and Colacurcio Brothers were the lowest responsive, responsible proposals. Council approves the authorization for the Mayor to enter into a contract with them for the initial term of the contracts are for two years, with a minimum commitment of $100,000. State law allows additional work, but not guarantee up to $4,000,000 per year if funds are available, with a maximum of $350,000 per approved job work order. MOTION CARRIED 6-0-1, Gene Knutson excused. 23103 5. Report from the September 1, 2021, Lake Whatcom Policy Group Meeting Presentation during Committee. Information only. 23091 6. Opportunities for Public Engagement with the City Council The City Council will hear Public Comment at a new time and session to be the following dates: Commencing on September 20, 2021, at 7:00 PM via Zoom: https://cob.org/commentzoom City of Bellingham Regular City Council Meeting Page 3 of 8 9/13/2021 Minutes  2021 Dates for Public Comment Periods September 20th October 4th October 18th November 1st November 15th November 29th December 20th December 27th Additional ways to engage with the Bellingham City Council are: - Attend City Council meetings or view them via BTV Bellingham (https://cob.org/services/education/btv) or via Zoom (instructions for remote meeting access provided in each City Council meeting agenda (https://cob.org/cczoom) - Provide live testimony during scheduled Public Hearings – speaker pre-registration is encouraged but not required (https://cob.org/ccsignup) and attendance is via Zoom (https://cob.org/cczoom) - Provide written testimony for scheduled Public Hearings (https://cob.org/gov/public/publichearing-testimony) - Provide written Public Comment, view other comments, and/or Share comments on social media using Engage Bellingham (https://engagebellingham.org/councilpubliccomment) - Email the full City Council at ccmail@cob.org or email individual Council members using the contact information provided on the City Council website (https://cob.org/gov/council/contacts-bios) - Send a letter to the City Council at Bellingham City Hall, 210 Lottie Street, Bellingham, WA 98225 - Call the City Council at 360-778-8200, or call individual Council members using the contact information provided on the City Council website (https://cob.org/gov/council/contacts-bios) 7. Approval of Minutes Hollie Huthman / Pinky Vargas moved approval of the August 30, 2021, minutes of the regular City Council meeting as submitted. MOTION CARRIED 5-0-2, Gene Knutson excused, and Dan Hammill abstained. City of Bellingham Regular City Council Meeting Page 4 of 8 9/13/2021 Minutes  8. Old/New Business Council Member Vargas explained that during Committee of the Whole this afternoon, under the update on Interim Housing [AGENDA BILL 23000], she expressed her gratitude toward Anne Deacon, who has worked for the Health Department for many years and will be retiring soon. She shared that the City has worked with Anne for many years and appreciates her service and partnership. Another item Council Member Vargas highlighted was that this Winter, there will be opportunities for extending the Winter Sheltering efforts. Thanks to Christ the King, as they have offered to host a program for shelter that begins in October and will go through March. If Base Camp reaches capacity, there will be shelter options up to forty beds at the old Drop In Center site on Holly Street hosted by Christ the King Church. Council Member Hammill discussed the ways Anne Deacon's work with the City and County affected the community throughout her years of service. She has been instrumental in the development of the Ground Level Response and Coordinated Engagement program, Law Enforcement Assisted Diversion program, and the Crisis Stabilization Center for treatment options. Council President Stone Hannah also thanked Christ the King for their service and noted a correction in the agenda packet. It had stated thirty beds were listed for overnight availability, but it should actually read forty beds will be available for overnight shelter. Executive Session – Report and Action only. Closed to the public. Report in the Regular Meeting only: 1. Litigation: Lev v. City of Bellingham (DiJulio, approx. 30 min) Special Counsel provided information on a litigation matter. Pinky Vargas / Daniel Hammill moved to continue the September 13, 2021, City Council meeting to September 20, 2021, at 1:00 PM to conduct an executive session in this case, Lev v. City of Bellingham, where a link to the virtual meeting on September 20, 2021, will be posted on the City's website. MOTION CARRIED 6-0-1, Gene Knutson excused. 2. Litigation: Hanlon v. City of Bellingham (Miller, approx. 5 min) Outside counsel and legal staff provided information on a litigation matter. For information and discussion. No action taken. City of Bellingham Regular City Council Meeting Page 5 of 8 9/13/2021 Minutes  3. Potential Property Acquisition (Marriner, approx. 5 min) Legal staff provided information on a potential property acquisition. For information and discussion. No action taken. 4. Potential Property Acquisition (Marriner, approx. 5 min) Legal staff provided information on a potential property acquisition. 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. 23104 1. Authorization of Payroll Labor Cost Payments Dated August 01, 2021, to August 15, 2021 23105 2. Authorization of A/P Transactions Issued August 06, 2021, through August 12, 2021 23106 3. Authorization of A/P Transactions Issued August 13, 2021, through August 19, 2021 23107 4. Authorization of A/P Transactions Issued August 20, 2021, through August 26, 2021 23108 5. Interlocal Agreement with Whatcom County Fire District 8 for the City to Maintain Fire Trucks, Ambulances, Vehicles and Related Equipment 23109 6. Interlocal Agreement Between The City of Bellingham and Whatcom County for the 2021 Byrne Justice Assistance Grant Program Award 23110 7. Inter-Agency Agreement with Washington State Department of Ecology for Two Washington Conservation Corps Crews Daniel Hammill / Michael Lilliquist moved approval of the Consent Agenda in its entirety. MOTION CARRIED 6-0-1, Gene Knutson excused. City of Bellingham Regular City Council Meeting Page 6 of 8 9/13/2021 Minutes Final Consideration of Ordinances 23088 1. An Ordinance Relating to the Vacation of the Full Width of Stuart Road Abutting Parcel Numbers 380211-165469, 380211-231475 and 380211- 200375 in Bellingham. 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, Hammill, Vargas, Anderson, Lilliquist, Huthman NAYS: (None) EXCUSED: Knutson MOTION CARRIED and was thereafter named Ordinance 2021-09-034. 23089 2. An Ordinance Relating to the Vacation of the Full Width of Center Street Abutting Lots 1-16, Block 6, Town of Whatcom Supplemental in Bellingham. Pinky Vargas / Daniel Hammill 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, Hammill, Vargas, Anderson, Lilliquist, Huthman NAYS: (None) EXCUSED: Knutson MOTION CARRIED and was thereafter named Ordinance 2021-09-035. 23044 3. An Ordinance Adding a New Chapter 6.53 to the Bellingham Municipal Code to Regulate Third Party Food Delivery Platforms. Hollie Huthman / 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: Stone, Hammill, Vargas, Anderson, Lilliquist, Huthman NAYS: (None) EXCUSED: Knutson MOTION CARRIED and was thereafter named Ordinance 2021-09-036. City of Bellingham Regular City Council Meeting Page 7 of 8 9/13/2021 Minutes 23093 4. An Ordinance Amending the 2021-2022 Biennial Budget Increasing Revenues and Expenditures in the General Fund and Adding and Increasing Positions. 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: Stone, Hammill, Vargas, Anderson, Lilliquist, Huthman NAYS: (None) EXCUSED: Knutson MOTION CARRIED and was thereafter named Ordinance 2021-09-037. Adjournment Council President Stone reminded all that there will be a continuation of Executive Session on Monday, September 20, 2021, at 1:00 PM. In addition, the Council will host a Public Comment Period also on September 20, 2021, at 7:00 PM. The next regularly scheduled Council Meeting will be September 27, 2021. There being no further business, the meeting adjourned at 7:34 PM. Hannah Stone, Council President ATTEST: Elisabeth Oakes, Deputy City Clerk APPROVED: 9/27/2021 City of Bellingham Regular City Council Meeting Page 8 of 8 9/13/2021 Minutes