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City Council - Regular Meeting

Regular Meeting

Bellingham, WA · February 28, 2022

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Minutes

City of Bellingham City Council Regular Meeting Minutes February 28, 2022, 7:00 PM Mayor: Seth Fleetwood Contact: (360) 778-8100, mayorsoffice@cob.org Council Members: Hannah Stone, Hollie Huthman, Contact: (360) 778-8200, ccmail@cob.org Daniel Hammill, Edwin H. “Skip” Williams, Lisa Anderson, https://cob.org/council Michael Lilliquist and Kristina Michele Martens All meetings are held in the City Hall Council Chambers at Legislative Assistant: Nalini Margaitis 210 Lottie Street, Bellingham, WA, unless otherwise noted. 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 Hollie Huthman, Second Ward Council Member Edwin H. “Skip” Williams, Fourth Ward Council Member Lisa Anderson, Fifth Ward Council Member Michael Lilliquist, Sixth Ward Council Member Kristina Michele Martens, At-Large Excused: Council Member Daniel Hammill, Third Ward Public Hearing 23264 1. Public Hearing and Resolution on the Proposed Relinquishment of a p. 7 Surplus Utility Easement Encumbering 1215 W. Holly Street Chad Schulhauser, City Engineer, provided Council with a presentation on the proposed relinquishment of a surplus utility easement encumbering 1215 Holly Street. Council President Stone opened the Public Hearing. No members of the community spoke during the hearing. Council President Stone closed the Public Hearing. Edwin H. "Skip" Williams / Michael Lilliquist moved final approval of Resolution #2022-03. City of Bellingham Regular City Council Meeting Page 1 of 10 2/28/2022 Minutes MOTION CARRIED 6-0-1. Excused: Daniel Hammill Mayor's Report Standing time for briefings, updates and reports to Council by the Mayor, if needed. Information only. In light of the egregious and shocking violations made by Russia in violation of international law, Mayor Fleetwood expressed unity and support with the people of Ukraine expressing that their lives have upended, they have suffered loss and woes and it is a tragic thing to witness. The new Director of the City’s Planning and Community Development Department, Blake Lyon, will begin with the City of Bellingham on March 1, 2022. Mayor Fleetwood thanked Tara Sundin, Greg Aucutt, and Kurt Nabbefeld for stepping in as Acting Planning Directors. Police Chief semi-final candidates are scheduled for 5:30 p.m. on March 17, 2022, as well as a number of stakeholder panels. More information can be located at: https://cob.org/event/police-chief-candidate-community-forum. Mayor Fleetwood announced that Invasive Species Awareness Week takes place from February 28 through March 4, 2022. For more information, please visit: https://invasivespecies.wa.gov/. Mayor Fleetwood shared that the the City of Bellingham will continue its partnership with the sister City of Nakhodka, Russia. The Sister City program is a living legacy conceived and initiated by President Eisenhower in 1956 as a new approach to secure peace around the world. Hannah Stone and Michael Lilliquist echoed support for the Mayor's decision not to sever ties with the sister city of Nakhodka. 23265 1. Mayor's Reappointments of Kate McDonald and Dina Dickerson to p. 24 the Greenway Advisory Committee (Approval) Mayor Fleetwood reappointed Kate McDonald and Dina Dickerson to their first full terms, which will expire on March 11, 2025, at which time they may be reappointed. Edwin H. "Skip" Williams / Hollie Huthman moved to recommend approval. MOTION CARRIED 6-0-1. City of Bellingham Regular City Council Meeting Page 2 of 10 2/28/2022 Minutes Excused: Daniel Hammill 23266 2. Mayor's Appointment of Philip Serka to the Museum Foundation p. 25 Board (Approval) Mayor Fleetwood appointed Philip Serka to his first term, which will expire on February 28, 2025, at which time he may be reappointed. Lisa Anderson / Edwin H. "Skip" Williams moved to recommend approval. MOTION CARRIED 6-0-1. Excused: Daniel Hammill 23267 3. Mayor's Reappointment of Jed Ballew to the Planning and p. 28 Development Commission (Approval) Mayor Fleetwood reappointed Jed Ballew to his first full term, which will expire on March 24, 2026, at which time he may be reappointed. Hollie Huthman / Michael Lilliquist moved to recommend approval. MOTION CARRIED 6-0-1. Excused: Daniel Hammill 23268 4. Mayor's Reappointment of Rebecca Craven to the Bellingham Public p. 29 Library Board of Trustees (Approval) Mayor Fleetwood reappointed Rebecca Craven to her final term, which will expire on March 13, 2027. Lisa Anderson / Edwin H. "Skip" Williams moved to recommend approval. MOTION CARRIED 6-0-1. Excused: Daniel Hammill 23269 5. Mayor's Reappointment of Ernest Scherb to the Lake Whatcom p. 30 Watershed Advisory Board (Approval) Mayor Fleetwood reappointed Ernest Scherb to his first full term, which will expire on February 24, 2025, at which time he may be reappointed. City of Bellingham Regular City Council Meeting Page 3 of 10 2/28/2022 Minutes Edwin H. "Skip" Williams / Hollie Huthman moved to recommend approval. MOTION CARRIED 6-0-1. Excused: Daniel Hammill 23270 6. Mayor's Reappointment of Maggi Kriger to the Parks and Recreation p. 31 Advisory Board (Information) Mayor Fleetwood reappointed Maggi Kriger to her final term, which will expire on February 11, 2025. Information Only. 23271 7. Mayor's Appointments to the Mayor's Neighborhood Advisory p. 32 Commission (Information) Mayor Fleetwood reappointed John LaSpina to his final term, which will expire on March 3, 2024. Mayor Fleetwood appointed Sachin Pai to his first term, which will expire on February 14, 2024, at which time he may be reappointed. Information Only. The following are heard in both Committee sessions and Regular Meeting in order below: Council Standing Committee Meetings: Public Works and Natural Resources 10:00 AM 23272 1. Post Point Resource Recovery Updates and Biosolids Beneficial Use p. 36 Request for Proposals (RFP) Results Presentation during Committee. Information Only. Public Health, Safety, and Justice 10:30 AM In Dan Hammill's absence, Hollie Huthman served as Chair for the Public Health, Safety, and Justice Committee on February 28, 2022. City of Bellingham Regular City Council Meeting Page 4 of 10 2/28/2022 Minutes 23273 1. Presentation on Street Drugs Encountered by Fire Department p. 49 Personnel Presentation during Committee. Information Only. 23274 2. Fire Department Review of 2021 p. 58 Presentation during Committee. Information Only. Community and Economic Development 11:15 AM 23275 1. 2023-27 Consolidated Plan - Community Engagement p. 69 Hollie Huthman / Kristina Michele Martens moved to approve the Community Participation Plan as presented in the packet. MOTION CARRIED 6-0-1. Excused: Daniel Hammill Parks and Recreation 11:45 AM 23241 1. An Ordinance Amending Bellingham Municipal Code Chapters p. 93 7.04.030 and 8.04.070 Regarding Keeping Dogs and Animals Under Control in Parks Edwin H. "Skip" Williams / Lisa Anderson moved for first and second reading. MOTION CARRIED 6-0-1. Excused: Daniel Hammill Climate Action 1:00 PM 23276 1. 2022 Climate Implementation Plan p. 96 Presentation during Committee. Information Only. City of Bellingham Regular City Council Meeting Page 5 of 10 2/28/2022 Minutes 23257 2. Update on the Issues and Policies for a Just Transition to a Clean p. 116 Energy Workforce Information Only. Kristina Michele Martens / Michael Lilliquist moved to have City staff and Legal look over the documentation that was provided by the Just Transition on February 28, 2022. MOTION CARRIED 6-0-1. Excused: Daniel Hammill Committee Of The Whole 2:00 PM 23277 1. Return to City Facilities p. 118 The Administration presented its plans to return employees that were working remotely to City facilities and resume in-person City services and recommended Council return to Chambers on March 28, 2022. The social-distancing recommendations will be honored for these in-person meetings. The Administration recommended to keep Boards and Commissions in a remote setting. Hannah Stone / Lisa Anderson moved to bring this item back to Council on March 14, 2022, with additional direction and guidance from Legal and possibly the Mayor's Office to provide recommendation on how to facilitate the transition. MOTION CARRIED 6-0-1. Excused: Daniel Hammill 23278 2. Update on the Besse Sorts Timber Sale p. 121 Mayor Fleetwood provided a presentation to Council during Committee that he had an opportunity to speak with Commissioner Franz. The proposed auction originally scheduled for March 1, 2022 is not proceeding as scheduled, and will be postponed. There was an offer from Franz's office to meet with staff (perhaps on-site and possibly an opportunity to presentation to Council as a Whole). Mayor Fleetwood will explore these options further and will follow up with the Council as necessary. Information only. City of Bellingham Regular City Council Meeting Page 6 of 10 2/28/2022 Minutes 23279 3. An Ordinance Amending the 2021-2022 Biennial Budget Increasing p. 122 Expenditures and Adding Positions to Establish a Sanitation and Solid Waste Division in the Public Works Department Hannah Stone / Edwin H. "Skip" Williams moved for first and second reading. MOTION CARRIED 6-0-1. Excused: Daniel Hammill 23280 4. 2022 Town Hall Meetings p. 133 Council President Stone provided an update regarding the quarterly Town Hall meetings planned for 2022. Four Town Halls are scheduled from 6:00 PM-8:30 PM on the following dates and topics: March 21, 2022 - Climate Action May 16, 2022 - Public Safety September 19, 2022 - Budget Priorities November 14, 2022 - Affordable Housing Information Only. 23281 5. Review of the Planning and Community Development Key Initiatives p. 134 for 2022-2023 Presentation during Committee. Information Only. 23282 6. 2021 Financial Year End Review p. 139 Presentation during Committee. Information Only. 7. Approval of Minutes Michael Lilliquist / Lisa Anderson moved approval of the February 7, 2022 minutes of the regular City Council meeting as submitted. City of Bellingham Regular City Council Meeting Page 7 of 10 2/28/2022 Minutes MOTION CARRIED 6-0-1. Excused: Daniel Hammill 8. Old/New Business Executive Session 4:30 PM 1. Potential Property Acquisition (Kraham, approx. 10 min) Staff provided information on a potential property acquisition. For information and discussion. No action taken. 2. Potential Litigation: Claim Appeal (Good, approx. 10 min) Staff provided information on a potential litigation matter. Skip Williams / Lisa Anderson moved to affirm the City’s decision to deny claim 2021-25. MOTION CARRIED 6-0-1. Excused: Daniel Hammill 3. Litigation: King v. City of Bellingham (Good, approx. 10 min) 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. 23283 1. Authorization of A/P Transactions Issued January 21, 2022 through p. 157 January 27, 2022 23284 2. Authorization of A/P Transactions Issued January 28, 2022 through p. 158 February 03, 2022 City of Bellingham Regular City Council Meeting Page 8 of 10 2/28/2022 Minutes 23285 3. Authorization of A/P Transactions Issued February 04, 2022 through p. 159 February 10, 2022 23286 4. Authorization of Payroll Labor Cost Payments Dated January 16, 2022 p. 160 to January 31, 2022 23287 5. Renew Interlocal Agreement with Whatcom County Parks and p. 161 Recreation Edwin H. "Skip" Williams / Hollie Huthman moved approval of the Consent Agenda in its entirety. MOTION CARRIED 6-0-1. Excused: Daniel Hammill Final Consideration of Ordinances 23251 1. An Ordinance Amending Bellingham Municipal Code (BMC) Title 20 p. 170 and 21 Revising the Docketing Process for Proposals to Amend the Bellingham Comprehensive Plan Michael Lilliquist / Edwin H. "Skip" Williams 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, Huthman, Williams, Anderson, Lilliquist, Martens NAYS: (None) EXCUSED: Hammill MOTION CARRIED and was thereafter named Ordinance #2022-02-005. MOTION CARRIED 6-0-1. Excused: Daniel Hammill 23258 2. An Ordinance Amending the 2021-2022 Biennial Budget Increasing p. 179 Revenues and Expenditures and Adding and Increasing Positions 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: City of Bellingham Regular City Council Meeting Page 9 of 10 2/28/2022 Minutes AYES: Stone, Huthman, Williams, Anderson, Lilliquist, Martens NAYS: (None) EXCUSED: Hammill MOTION CARRIED and was thereafter named Ordinance #2022-02-006. MOTION CARRIED 6-0-1. Excused: Daniel Hammill 23255 3. An Ordinance of the City of Bellingham, Washington Granting p. 182 Wholesail Networks LLC a Franchise to Operate And Maintain Fiber Optic Broadband Network Components in City Rights-Of-Way for the Provision of Commercial Telecommunications Services to Businesses Lisa Anderson / Edwin H. "Skip" Williams 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, Huthman, Williams, Anderson, Lilliquist, Martens NAYS: (None) EXCUSED: Hammill MOTION CARRIED and was thereafter named Ordinance #2022-02-007. MOTION CARRIED 6-0-1. Excused: Daniel Hammill Adjournment Hannah Stone, Council President ATTEST: Nalini Margaitis, Legislative Assistant APPROVED: 3/14/2022 City of Bellingham Regular City Council Meeting Page 10 of 10 2/28/2022 Minutes

Agenda

City of Bellingham City Council Regular Meeting Agenda February 28, 2022, 7:00 PM Mayor: Seth Fleetwood Contact: (360) 778-8100, mayorsoffice@cob.org Council Members: Hannah Stone, Hollie Huthman, Contact: (360) 778-8200, ccmail@cob.org Daniel Hammill, Edwin H. “Skip” Williams, Lisa Anderson, https://cob.org/council Michael Lilliquist and Kristina Michele Martens All meetings are held in the City Hall Council Chambers at Legislative Assistant: Nalini Margaitis 210 Lottie Street, Bellingham, WA, unless otherwise noted. 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 not required at this time. Council meetings are streamed live via the City’s website at https://cob.org/meetings and on the City’s YouTube channel at https://cob.org/btv. Meetings are also 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 listen to the meeting via telephone. Members of the public who would like to listen 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: 919 5742 8832 Password: 9 Advance Public Hearing testimony, and general Public Comment, can always be presented to the Council:  by mail (210 Lottie Street, Bellingham, WA 98225)  online o for a public hearing: https://cob.org/publichearing o for general public comment: https://cob.org/ccpubliccomment  by telephone (360-778-8200) Members of the public are also invited to provide live testimony during all Public Hearings. The topic of each Public Hearing is published in advance. Testimony provided by members of the public must be on topic. Pre-registration through the sign-up link (https://cob.org/ccsignup) is encouraged but not required. To testify live during a Public Hearing, speakers can join the remote meeting at the following link: https://cob.org/cczoom 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. Roll Call Public Hearing 23264 1. Public Hearing and Resolution on the Proposed Relinquishment of a p. 7 Surplus Utility Easement Encumbering 1215 W. Holly Street Mayor's Report Standing time for briefings, updates and reports to Council by the Mayor, if needed. Information only. 23265 1. Mayor's Reappointments of Kate McDonald and Dina Dickerson to p. 24 the Greenway Advisory Committee (Approval) 23266 2. Mayor's Appointment of Philip Serka to the Museum Foundation p. 25 Board (Approval) 23267 3. Mayor's Reappointment of Jed Ballew to the Planning and p. 28 Development Commission (Approval) 23268 4. Mayor's Reappointment of Rebecca Craven to the Bellingham Public p. 29 Library Board of Trustees (Approval) 23269 5. Mayor's Reappointment of Ernest Scherb to the Lake Whatcom p. 30 Watershed Advisory Board (Approval) 23270 6. Mayor's Reappointment of Maggi Kriger to the Parks and Recreation p. 31 Advisory Board (Information) 23271 7. Mayor's Appointments to the Mayor's Neighborhood Advisory p. 32 Commission (Information) 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 10:00 AM Michael Lilliquist, Chair Lisa Anderson, Kristina Michele Martens 23272 1. Post Point Resource Recovery Updates and Biosolids Beneficial Use p. 36 Request for Proposals (RFP) Results Public Health, Safety, and Justice 10:30 AM Daniel Hammill, Chair Hollie Huthman, Edwin H. "Skip" Williams 23273 1. Presentation on Street Drugs Encountered by Fire Department p. 49 Personnel 23274 2. Fire Department Review of 2021 p. 58 Community and Economic Development 11:15 AM Hollie Huthman, Chair Michael Lilliquist, Kristina Michele Martens 23275 1. 2023-27 Consolidated Plan - Community Engagement p. 69 Parks and Recreation 11:45 AM Edwin H. "Skip" Williams, Chair Hollie Huthman, Lisa Anderson 23241 1. An Ordinance Amending Bellingham Municipal Code Chapters p. 93 7.04.030 and 8.04.070 Regarding Keeping Dogs and Animals Under Control in Parks Climate Action 1:00 PM Kristina Michele Martens, Chair Daniel Hammill, Michael Lilliquist 23276 1. 2022 Climate Implementation Plan p. 96 23257 2. Update on the Issues and Policies for a Just Transition to a Clean p. 116 Energy Workforce Committee Of The Whole 2:00 PM Hannah Stone, Chair Hollie Huthman, Daniel Hammill, Edwin H. "Skip" Williams, Lisa Anderson, Michael Lilliquist, Kristina Michele Martens 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. 23277 1. Return to City Facilities p. 118 23278 2. Update on the Besse Sorts Timber Sale p. 121 23279 3. An Ordinance Amending the 2021-2022 Biennial Budget Increasing p. 122 Expenditures and Adding Positions to Establish a Sanitation and Solid Waste Division in the Public Works Department 23280 4. 2022 Town Hall Meetings p. 133 23281 5. Review of the Planning and Community Development Key Initiatives p. 134 for 2022-2023 23282 6. 2021 Financial Year End Review p. 139 7. Approval of Minutes 8. Old/New Business Executive Session 4:30 PM Closed to the public. Report in the Regular Meeting only: 1. Potential Property Acquisition (Kraham, approx. 10 min) 2. Potential Litigation: Claim Appeal (Good, approx. 10 min) 3. Litigation: King v. City of Bellingham (Good, approx. 10 min) 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. 23283 1. Authorization of A/P Transactions Issued January 21, 2022 through p. 157 January 27, 2022 23284 2. Authorization of A/P Transactions Issued January 28, 2022 through p. 158 February 03, 2022 23285 3. Authorization of A/P Transactions Issued February 04, 2022 through p. 159 February 10, 2022 23286 4. Authorization of Payroll Labor Cost Payments Dated January 16, 2022 p. 160 to January 31, 2022 23287 5. Renew Interlocal Agreement with Whatcom County Parks and p. 161 Recreation Final Consideration of Ordinances 23251 1. An Ordinance Amending Bellingham Municipal Code (BMC) Title 20 p. 170 and 21 Revising the Docketing Process for Proposals to Amend the Bellingham Comprehensive Plan 23258 2. An Ordinance Amending the 2021-2022 Biennial Budget Increasing p. 179 Revenues and Expenditures and Adding and Increasing Positions 23255 3. An Ordinance of the City of Bellingham, Washington Granting p. 182 Wholesail Networks LLC a Franchise to Operate And Maintain Fiber Optic Broadband Network Components in City Rights-Of-Way for the Provision of Commercial Telecommunications Services to Businesses 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://cob.org/meetings. 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 at https://cob.org/btv 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://cob.org/meetings 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, March 14, 2022 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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