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City Council - Regular Meeting

Regular Meeting

Bellingham, WA · September 26, 2022

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Minutes

City of Bellingham City Council Regular Meeting Minutes September 26, 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 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 7pm. Announcements & Upcoming Meetings: Bellingham City Council meets all requirements of the State of Washington Open Public Meetings Act. 1. On October 3, 2022 at 7:00 PM, there will be a Public Hearing to consider a proposal by Public Works to remove on-street parking on the arterial streets listed below to gain adequate space for the installation of dedicated bicycle lanes, as recommended by the 2014 Bicycle Master Plan:  West Illinois Street from Sunset to Lynn;  Meridian Street from East Victor to West Illinois;  Girard Street from Broadway to Young;  Eldridge Avenue from Broadway to Nequalicum; and  Cornwall Avenue from Laurel to Pine 2. On October 3, 2022 at 7:00 PM, there will be a Public Hearing to consider a proposed resolution of the Bellingham City Council providing for the City to relinquish a portion of a general utility easement retained within vacated 33rd Street and the alleys between Old Samish Highway and Rainer Street between 32nd and 34th as described in Ordinance 8901. The retained easement encumbers a portion of the property commonly known as 1752 Old Samish Road, Bellingham, Washington, APN 370318 309526 0000. The basis for the proposed relinquishment is that said easement is surplus to the City's needs and is not required for providing existing or future public utility services. 3. On October 3, 2022, at 7:00 PM, there will be a Public Hearing on a Resolution of the City of Bellingham, Washington, Encouraging Voters to Vote “Yes” on Whatcom County Proposition 2022-6, Regular City of Bellingham Regular City Council Meeting Page 1 of 8 9/26/2022 Minutes Property Tax Levy for Emergency Medical Services, in the General Election to be Held November 8, 2022. Roll Call Present: Council President Hannah Stone, First Ward Council Member Hollie Huthman, Second Ward Council Member Daniel Hammill, Third 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 Mayor's Report Standing time for briefings, updates and reports to Council by the Mayor, if needed. 23450 1. Mayor's Reappointment of Keith Coleman to the Tourism Commission p. 7 (Information) Mayor Fleetwood reappointed Keith Coleman to his fourth term, which will expire on October 3, 2025. 23451 2. Mayor's Appointments to the Mayor's Neighborhood Advisory p. 8 Commission (Information) Mayor Fleetwood reappointed William Liddicoet as the Fairhaven Neighborhood Primary Representative to his first full term, which will expire on October 18, 2024, at which time he may be reappointed. Mayor Fleetwood appointed Jake Charlton as the Happy Valley Neighborhood Primary Representative to his first term, which will expire on September 19, 2024, at which time he may be reappointed. 23452 3. Mayor's Reappointment of Mary Rossi to the Historic Preservation p. 11 Commission (Approval) Mayor Fleetwood reappointed Mary Rossi to her fourth term, which will expire on October 14, 2025, at which time she may reappointed. Daniel Hammill / Lisa Anderson moved to recommend approval of Mary Rossi to the Historic Preservation Commission. MOTION CARRIED 7-0. City of Bellingham Regular City Council Meeting Page 2 of 8 9/26/2022 Minutes Mayor Fleetwood reminded everyone of the pause on Post Point project. While there are opportunities to improve the wastewater treatment plant, the Washington State Department of Ecology recently awarded an outstanding performance award for 2021 to the Post Point staff. Mayor Fleetwood announced he is lifting the COVID-19 Local emergency orders in conjunction with the Governor rescinding the State Emergency Order on October 31, 2022. In-person meetings for Boards and Commissions will likely resume in November. This impacts grocery worker hazard pay, and staff will be communicating to stakeholders across the City. An Ordinance to create a Racial Equity Commission will be before the Whatcom County Council this week and anticipate the City Council will review in October. A Salary Commission Public Hearing will be held September 28th at 6pm. See website for more information. Engage Bellingham website will also receive feedback. Any salary recommendations will be included in the 2023-2024 budget. Council Standing Committee Meetings: Public Works and Natural Resources 10:00 AM Michael Lilliquist, Chair Lisa Anderson, Kristina Michele Martens 23453 1. Broadband Advisory Workgroup Final Report and Recommendations p. 12 The Committee received the Broadband Advisory Workgroup final report and recommendations for next steps. The Broadband Advisory Workgroup was tasked with evaluating the feasibility of using City's municipal fiber network to provide a "public option", assisting and developing a request for proposal (RFP), and participating in discussions with the City and consultant. The workgroup's recommendations include,  Establish goals for broadband services in the City of Bellingham.  Develop, implement, and seek funding to support a digital equity broadband adoption plan to provide the kind of broadband connection and support individuals need with a focus on unserved and underserved members of the community.  Develop a comprehensive capital and operations plan to increase redundancy and reliability in the City's existing system, expand the use of the system following an "infrastructure only" model, expand publicly accessible Wi-Fi, and partner with other agencies and ISPs. City of Bellingham Regular City Council Meeting Page 3 of 8 9/26/2022 Minutes  Review and update existing agreements with partner agencies to meet the goals of the resolution and serve the needs of network users.  Conduct a survey of city businesses to determine their current and future needs for broadband services.  The City consider a future role for the current Broadband Advisory Group. Community and Economic Development 1:00 PM Hollie Huthman, Chair Michael Lilliquist, Kristina Michele Martens 23454 1. Consideration of Bellingham Whatcom County Tourism's 2022 p. 146 Tourism Promotion Area Budget The City of Bellingham and Whatcom County formed a Tourism Promotion Area (TPA), as authorized by RCW 35.101.020, after receiving a petition from affected businesses in 2021. Levies are collected from qualified lodging businesses within the incorporated area of the City and the unincorporated areas of Whatcom County, then deposited by the City in a special account for tourism promotion. Sandy Ward, President and CEO of the Bellingham Whatcom County Tourism Bureau, presented an overview of past and present work, and a draft budget for the City Council's review and approval. All of the revenue from the TPA Charge collected within the Bellingham Whatcom County Tourism Promotion Area is used exclusively for Tourism Promotion. Hollie Huthman / Lisa Anderson moved to approve the proposed budget for the Bellingham Whatcom County Tourism Promotion Area (TPA) monies. MOTION CARRIED 6-0. RECUSED: Daniel Hammill Parks and Recreation 1:30 PM Edwin H. "Skip" Williams, Chair Hollie Huthman, Lisa Anderson 23455 1. Update on Park Operations Division p. 179 Steve Janiszewski, Park Operations Manager, provided an update on the Park Operations Division organizational changes with staffing; successes such as the Park Ambassador Program, new facilities and parks, new equipment, improved computerized maintenance management system; challenges with ongoing staffing shortages, overcrowding at Bloedel Park, conflict between bikers and pedestrians, aquatic invasives and algae at Lake Padden, flooding and storm damage, backlog/deferred work orders, supply chain issues, vandalism, and graffiti and homeless encampments; public engagement through various platforms focusing on Dog Task Force, Lake Padden Park Recreation Assessment, Park Stewardship Program; City of Bellingham Regular City Council Meeting Page 4 of 8 9/26/2022 Minutes and upcoming projects including the move to City Operations Center, Woburn Phase 1 Development, Squalicum Creek Shop Remodel, Phase 3 - Urban Forestry Management Plan, reinvestment at Golf Course and Cemetery. 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 23277 1. Discussion of Returning to Council Chambers p. 219 The City Council asked for a discussion of returning to in-person City Council meetings. Mayor Fleetwood and Brian Heinrich, Deputy Administrator, discussed the City's lifting of existing emergency orders on October 31, 2022, implications of a return to in- person meetings, Boards and Commissions meetings, and the current community health situation. With the City lifting its emergency proclamation, City Council must resume in-person meetings at a physical location by no later than its November 7, 2022 meeting. Hannah Stone / Daniel Hammill moved to recommend returning to Council Chambers on October 3, 2022. MOTION CARRIED 7-0. 23182 2. Post Point Resource Recovery Project Discussion p. 222 On 8/29, Mayor Fleetwood announced his intention to stop further development of the Post Point Resource Recovery Project. The decision was based on affordability concerns, greater protection of the Salish Sea, and focusing climate ambitions on achieving community-wide carbon reductions. On 9/12, the Public Works Committee received a briefing. Eric Johnston, Public Works Director, responded to Council questions from the previous meeting. Councilmember Anderson shared that perhaps outreach and education to the public highlighting common PFAS contaminants could be helpful for the community. Hannah Stone / Edwin H. "Skip" Williams moved to recommend that the City Council concurs with the mayor’s decision to halt further work on biodigestion for waste solids handling at the Post Point sewage treatment plant. MOTION CARRIED 7-0. Hannah Stone / Kristina Michele Martens moved to recommend that the administration bring forward any policies previously adopted by the City Council that may need to be amended to align with this new direction relative to the Resource City of Bellingham Regular City Council Meeting Page 5 of 8 9/26/2022 Minutes Recovery project and that, as they relate to the City’s current climate Action Plan, relevant action plans and policies affected by the Post Point decision be referred to the Council’s Climate Action Committee for review and possible modification to the Climate Action Plan and , if necessary, brought to the full Council for consideration and possible adoption. MOTION CARRIED 7-0. Hannah Stone / Edwin H. "Skip" Williams moved that the Administration actively pursue and develop work plans investigating future projects into alternative waste solid technologies and processes, including but not limited to thermal processes such as pyrolysis and gasification, for supplementing and/or replacing the current incineration equipment and processes. MOTION CARRIED 7-0. 23391 3. Approval of City Council Meeting Minutes p. 240 Daniel Hammill / Hollie Huthman moved approval of the September 12, 2022 minutes of the regular City Council meeting as submitted. MOTION CARRIED 7-0. 4. Old/New Business Councilmember Martens shared that the Bellingham Public Library Central location open on Sundays from 1pm-5pm. Council President Stone highlighted that the September 19, 2022 TownHall on Community Funding Priorities is available online. Executive Session 3:00 PM Closed to the public. Report in the Regular Meeting only: 1. Potential Property Acquisition (Erb, approx. 5 min) Staff provided information on a potential property acquisition. For information and discussion. No action taken. 2. Potential Property Acquisition (Erb, approx. 5 min) Staff provided information on a potential property acquisition. For information and discussion. No action taken. City of Bellingham Regular City Council Meeting Page 6 of 8 9/26/2022 Minutes 3. Potential Property Acquisition (Sundin, approx. 10 min) 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. 23456 1. Authorization of Payroll Labor Cost Payments Dated August 16, 2022 p. 250 to August 31, 2022 23457 2. Authorization of A/P Transactions Issued September 02, 2022 through p. 251 September 08, 2022 23458 3. Authorization of A/P Transactions Issued September 09, 2022 through p. 252 September 15, 2022 23459 4. Noise Variance - Astound Broadband Permit #PBW2022-0468 p. 253 23460 5. Interlocal Agreement for Inmate Housing p. 259 23461 6. Interlocal Jail Facility Use Agreement with Whatcom County p. 279 23462 7. Joint Funding Agreement Between the City of Bellingham and US p. 283 Department of Interior Geological Survey (USGS) for Water Resources Investigation Daniel Hammill / Hollie Huthman moved approval of the Consent Agenda in its entirety. MOTION CARRIED 7-0. Final Consideration of Ordinances 23443 1. An Ordinance of the City of Bellingham, Washington, Repealing p. 289 Chapter 6.55 of the Bellingham Municipal Code Regarding Transportation Network Companies Daniel Hammill / Michael Lilliquist 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, Hammill, Williams, Anderson, Lilliquist, Martens City of Bellingham Regular City Council Meeting Page 7 of 8 9/26/2022 Minutes NAYS: (None) EXCUSED: (None) MOTION CARRIED 7-0 and was thereafter named Ordinance #2022-09-022. Adjournment There being no further business, the committee adjourned at 7:42pm. Hannah Stone, Council President ATTEST: Kelley Goetz, Deputy City Clerk APPROVED: 10/3/2022 City of Bellingham Regular City Council Meeting Page 8 of 8 9/26/2022 Minutes

Agenda

City of Bellingham City Council Regular Meeting Agenda September 26, 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. 1. On October 3, 2022 at 7:00 PM, there will be a 7:00 PM, there will be a Public Hearing to consider a proposal by Public Works to remove on-street parking on the arterial streets listed below to gain adequate space for the installation of dedicated bicycle lanes, as recommended by the 2014 Bicycle Master Plan:  West Illinois Street from Sunset to Lynn;  Meridian Street from East Victor to West Illinois;  Girard Street from Broadway to Young;  Eldridge Avenue from Broadway to Nequalicum; and  Cornwall Avenue from Laurel to Pine 2. On October 3, 2022 at 7:00 PM, there will be a Public Hearing to consider a proposed resolution of the Bellingham City Council providing for the City to relinquish a portion of a general utility easement retained within vacated 33rd Street and the alleys between Old Samish Highway and Rainer Street between 32nd and 34th as described in Ordinance 8901. The retained easement encumbers a portion of the property commonly known as 1752 Old Samish Road, Bellingham, Washington, APN 370318 309526 0000. The basis for the proposed relinquishment is that said easement is surplus to the City's needs and is not required for providing existing or future public utility services 3. On October 3, 2022, at 7:00 PM, there will be a Public Hearing on a Resolution of the City of Bellingham, Washington, Encouraging Voters to Vote “Yes” on Whatcom County Proposition 2022-6, Regular Property Tax Levy for Emergency Medical Services, in the General Election to be Held November 8, 2022 Roll Call Mayor's Report Standing time for briefings, updates and reports to Council by the Mayor, if needed. Information only. 23450 1. Mayor's Reappointment of Keith Coleman to the Tourism Commission p. 7 (Information) 23451 2. Mayor's Appointments to the Mayor's Neighborhood Advisory p. 8 Commission (Information) 23452 3. Mayor's Reappointment of Mary Rossi to the Historic Preservation p. 11 Commission (Approval) 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 23453 1. Broadband Advisory Workgroup Final Report and Recommendations p. 12 Community and Economic Development 1:00 PM Hollie Huthman, Chair Michael Lilliquist, Kristina Michele Martens 23454 1. Consideration of Bellingham Whatcom County Tourism's 2022 p. 146 Tourism Promotion Area Budget Parks and Recreation 1:30 PM Edwin H. "Skip" Williams, Chair Hollie Huthman, Lisa Anderson 23455 1. Update on Park Operations Division p. 179 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. Discussion of Returning to Council Chambers p. 219 23182 2. Post Point Resource Recovery Project Discussion p. 222 23391 3. Approval of City Council Meeting Minutes p. 240 4. Old/New Business Executive Session 3:00 PM Closed to the public. Report in the Regular Meeting only: 1. Potential Property Acquisition (Erb, approx. 5 min) 2. Potential Property Acquisition (Erb, approx. 5 min) 3. Potential Property Acquisition (Sundin, 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. 23456 1. Authorization of Payroll Labor Cost Payments Dated August 16, 2022 p. 250 to August 31, 2022 23457 2. Authorization of A/P Transactions Issued September 02, 2022 through p. 251 September 08, 2022 23458 3. Authorization of A/P Transactions Issued September 09, 2022 through p. 252 September 15, 2022 23459 4. Noise Variance - Astound Broadband Permit #PBW2022-0468 p. 253 23460 5. Interlocal Agreement for Inmate Housing p. 259 23461 6. Interlocal Jail Facility Use Agreement with Whatcom County p. 279 23462 7. Joint Funding Agreement Between the City of Bellingham and US p. 283 Department of Interior Geological Survey (USGS) for Water Resources Investigation Final Consideration of Ordinances 23443 1. An Ordinance of the City of Bellingham, Washington, Repealing p. 289 Chapter 6.55 of the Bellingham Municipal Code Regarding Transportation Network Companies 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, October 3, 2022 Deadline to submit material for any public hearing for inclusion in the published agenda packet is 10:00 a.m. on Wednesday prior to the meeting.

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