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City Council - Regular Meeting

Regular Meeting

Bellingham, WA · January 23, 2023

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Minutes

City of Bellingham City Council Regular Meeting Minutes January 23, 2023, 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 City Council Regular meeting was called to order by Council President Lilliquist at 7:00pm. Announcements & Upcoming Meetings: Bellingham City Council meets all requirements of the State of Washington Open Public Meetings Act. 1. On February 13, 2023, the Council will hold a public hearing on a proposed legislative rezone to create a new subarea, Area 8A, in the South Neighborhood. Roll Call Present: Council President Michael Lilliquist, Sixth Ward Council Member 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 Kristina Michele Martens, At Large Public Hearing 23608 1. Public Hearing for Consideration of an Ordinance Amending p. 6 Accessory Dwelling Unit Regulations and Process Chris Koch, Planner, and Blake Lyon, Director, Planning and Community Development, presented on the proposed amendments to Bellingham Municipal Code Titles 20 and 21 for purposes of improving accessory dwelling unit (ADU) standards, permitting process, affordability, and consistency with state legislation. President Lilliquist opened the Public Hearing. City of Bellingham Regular City Council Meeting Page 1 of 7 1/23/2023 Minutes 27 members of the public spoke at the Public Hearing. President Lilliquist closed the Public Hearing. The written record will remain open for public comment until Council takes action on the proposed ordinance. Council requested follow-up discussion. Lisa Anderson / Daniel Hammill moved to recommend additional discussion of the ordinance at the Planning Committee. MOTION CARRIED 7-0. Mayor's Report Standing time for briefings, updates and reports to Council by the Mayor. 23609 1. Mayor's Reappointment of Melissa Morin to the Bellingham Public p. 248 Library Board of Trustees (Approval) Mayor Fleetwood reappointed Melissa Morin to her first full term, which will expire on February 12, 2028, at which time she may be reappointed. Kristina Michele Martens / Hollie Huthman moved to recommend approval of Melissa Morin to the Bellingham Public Library Board of Trustees. MOTION CARRIED 7-0. 23610 2. Mayor's Appointment to the Mayor's Neighborhood Advisory p. 254 Commission (Information) Mayor Fleetwood appointed Kerry Topaz as the Columbia Neighborhood Primary Representative to her first partial term, which will expire on February 14, 2024, at which time she may be reappointed. 23611 3. Mayor's Reappointment of Ryan Wood to the Community p. 259 Development Advisory Board (Information) Mayor Fleetwood reappointed Ryan Wood to his first full term, which will expire on January 24, 2026, at which time he may be reappointed. Mayor Fleetwood shared he attended the opening ceremony of Corvus Energy, a Norwegian company which will be operating a battery factory in Bellingham. Mayor Fleetwood announced a one-year extension of the HomesNOW contract through January 29, 2024 for the Unity Village encampment in Fairhaven. In 2020, City City of Bellingham Regular City Council Meeting Page 2 of 7 1/23/2023 Minutes Council amended the code to allow operators of temporary encampments to request up to three, one-year extensions, provided they were in compliance with their original permit conditions. Mayor Fleetwood recognized the recent passing of David Warren and expressed gratitude for his work as a Civil Service Commissioner for 27 years. Council Standing Committee Meetings: Public Works and Natural Resources 1:00 PM Hannah Stone, Chair Lisa Anderson, Kristina Michele Martens 23603 1. An Ordinance Amending the Bellingham Municipal Code Authorizing p. 263 Employees of the Public Works Department to Enforce Non-Criminal Parking Regulations Eric Johnston, Public Works Director, introduced the proposed ordinance, which authorizes Public Works Department staff to enforce parking regulations, in addition to the Bellingham Police Department (BPD). The proposal helps the BPD remain focused on high priority criminal enforcement and enhances Public Work’s management of parking operations. Hannah Stone / Lisa Anderson moved for first and second reading. MOTION CARRIED 7-0. 23604 2. An Ordinance Establishing City Policy for the Procurement of Compost p. 270 for Use in City Projects Eric Johnston, Public Works Director, introduced the proposed ordinance. In 2022, the State Legislature enacted House Bill 1799 concerning organic materials management, which requires cities like Bellingham to adopt a compost procurement ordinance as specified in RCW 43.19A.150. The ordinance requires the use of compost in City projects where appropriate. Hannah Stone / Edwin H. "Skip" Williams moved for first and second reading. MOTION CARRIED 7-0. Public Health, Safety, and Justice 1:30 PM Daniel Hammill, Chair Hollie Huthman, Edwin H. "Skip" Williams City of Bellingham Regular City Council Meeting Page 3 of 7 1/23/2023 Minutes 23599 1. Amendment to Interlocal Agreement for Advanced Life Support p. 277 Services Dave Pethick, Assistant Fire Chief, introduced the amendment to the Interlocal Agreement. In December of 2017, the City and County entered into an agreement to provide funding for County-Wide Advanced Life Support (ALS) services as envisioned in the EMS Levy Plan. In 2022, the EMS Levy was revised and approved by voters. The proposed amendment to the original Interlocal Agreement provides an increase in the per medic unit cost from $2.2 million in 2022 to $2.5 million and increases the cost for the EMS supervisor unit from $728,991 in 2022 to $999,876 in 2023. The amendment also adds a fourth medic unit to the City of Bellingham (the fifth unit county-wide). Daniel Hammill / Edwin H. "Skip" Williams moved to recommend approval of the amendment to the Interlocal Agreement for Advanced Life Support Services. MOTION CARRIED 7-0. 23600 2. Interlocal Agreement with Whatcom County for Training of Lateral p. 282 Paramedics Dave Pethick, Assistant Fire Chief, introduced the proposed extension of the Interlocal Agreement. In December 2021, Council approved an Interlocal Agreement with Whatcom County to provide funding for 2022 training of lateral paramedics. During 2022, three trainings for lateral medics were completed with an additional six in process. An extension of the contract will allow the medics to complete their training, which began in 2022. Daniel Hammill / Hollie Huthman moved to recommend approval of extending the Interlocal Agreement with Whatcom County for Training of Lateral Paramedics. MOTION CARRIED 7-0. 23601 3. Extension of Interlocal Agreement for Community Paramedicine p. 287 Dave Pethick, Assistant Fire Chief, introduced the proposed amendment to the Interlocal Agreement. In August 2019, the City Council approved Contract 2019-0486, an Interlocal Agreement with Whatcom County for the City to provide Community Paramedic Services. In February of 2021 the contract was amended to increase the amount of funding and extend the contract through December 2022. The proposed amendment again increases the amount of funding from $360,000 in 2022 to $419,450 in 2023 and extends the life of the contract for an additional year. City of Bellingham Regular City Council Meeting Page 4 of 7 1/23/2023 Minutes Daniel Hammill / Lisa Anderson moved to recommend approval of the amendment to the Interlocal Agreement for Community Paramedicine. MOTION CARRIED 7-0. 23602 4. Interlocal Agreement for Paramedic Training School p. 292 Dave Pethick, Assistant Fire Chief, introduced the Interlocal Agreement. The Fire Department partners with Whatcom County and Bellingham Technical College to provide paramedic training. This Interlocal Agreement provides for instructor reimbursements and supply costs associated with the Fire Department teaching the class and backfill for the Fire Department's students that are attending the class. Daniel Hammill / Edwin H. "Skip" Williams moved to recommend approval of the Interlocal Agreement for Paramedic Training school costs. MOTION CARRIED 7-0. Parks and Recreation 1:45 PM Edwin H. "Skip" Williams, Chair Hollie Huthman, Lisa Anderson 23598 1. Cornwall Beach Park Project Update and Park Name p. 301 Recommendation Gina Austin, Project Engineer in Parks and Recreation, presented an update on the Cornwall Beach Park Project. In accordance with City Policy PAR 1.00.01, the Bellingham Parks and Recreation Advisory Board is recommending City Council adopt an official name of the 17-acre waterfront park currently known as Cornwall Beach Park to Salish Landing. The park was master planned in 2014 and Phase 1 engineering and permitting is underway, including design and installation of a new entrance sign featuring the new park name. Edwin H. "Skip" Williams / Hollie Huthman moved to recommend approval of renaming the Cornwall Beach Park to Salish Landing. MOTION CARRIED 7-0. Committee Of The Whole 2:00 PM Michael Lilliquist Chair Hannah Stone, Hollie Huthman, Daniel Hammill, Edwin H. "Skip" Williams, Lisa Anderson, Kristina Michele Martens City of Bellingham Regular City Council Meeting Page 5 of 7 1/23/2023 Minutes 23605 1. Discussion of City Council Response to Stakeholder Advisory p. 306 Committee Recommendations President Lilliquist and Council Member Hammill discussed a draft letter from the City Council to the County Council regarding the Stakeholder Advisory Committee’s (SAC) recent recommendations. They requested members send any feedback and they will present a revised letter at the next Council meeting. 23606 2. Approval of City Council Committee and Regular Meeting Minutes p. 317 Edwin H. "Skip" Williams / Kristina Michele Martens moved approval of the January 9, 2023 minutes of the regular City Council meeting as submitted. MOTION CARRIED 7-0. 23607 3. Approval of City Council Special Meeting Minutes p. 325 Kristina Michele Martens / Edwin H. "Skip" Williams moved approval of the January 4, 2023 minutes of the regular Council reorganization meeting as submitted. MOTION CARRIED 7-0. 4. Old/New Business Council Member Anderson remembered a beloved community member, John Ostby, who recently passed away. Executive Session 2:25 PM Closed to the public. Report in the Regular Meeting only: 1. Litigation: Eldard v. City of Bellingham et al. (Good, approx 5 min) Staff provided information on a litigation matter. Daniel Hammill / Edwin H. "Skip" Williams moved to authorize the Mayor to enter into a settlement agreement with the following terms: dismissal of the lawsuit and appeal, and resolution of all claims related thereto for payment to the plaintiff of $65,000.00. MOTION CARRIED 7-0. 2. Potential Litigation (Marriner, approx 10 min) Staff provided information on a potential litigation matter. For information and discussion. No action taken. City of Bellingham Regular City Council Meeting Page 6 of 7 1/23/2023 Minutes 3. Litigation: DeBruin et al. v. City of Bellingham (Good, approx 15 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. 23612 1. Authorization of Payroll Labor Cost Payments Dated December 16, p. 333 2022 to December 31, 2022 23613 2. Authorization of A/P Transactions Issued December 30, 2022 through p. 334 January 05, 2023 23614 3. Authorization of A/P Transactions Issued January 06, 2023 through p. 335 January 12, 2023 23615 4. Utility Construction Agreement Between the City of Bellingham and p. 336 WSDOT for Water Line Relocation Daniel Hammill / Hollie Huthman moved approval of the Consent Agenda in its entirety. MOTION CARRIED 7-0. Adjournment There being no further business, the meeting adjourned at 9:36pm. Michael Lilliquist, Council President ATTEST: Kelley Goetz, Deputy City Clerk APPROVED: 2/13/2023 City of Bellingham Regular City Council Meeting Page 7 of 7 1/23/2023 Minutes

Agenda

City of Bellingham City Council Regular Meeting Agenda January 23, 2023, 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 Legislative Assistant: Jackie Lassiter Watch Council Meetings Live The City Council Regular meetings are conducted in a hybrid setting: both in-person and remote access are available. In Person: All meetings are held in Council Chambers at on the second floor of City Hall, 210 Lottie Street, Bellingham, WA, unless otherwise noted. Please note the doors to City Hall unlock at 6:30 PM for the 7:00 PM meeting. Live on YouTube and Comcast: 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. Via Telephone: Members of the public who do not have cable or Internet access may listen to the meeting via telephone by using any of the following phone numbers: (253) 215-8782, (346) 248-7799, (669) 900-6833, (301) 715-8592. When prompted, enter meeting ID: 839 2153 4374 and password: 9 Give Your Input To participate in a Public Hearing (only applicable when a Public Hearing is on the Council’s agenda. Pre-registration via https://cob.org/ccsignup is encouraged):  In person: Members of the public may come to the Council Chambers located at City Hall, 210 Lottie St., Bellingham.  Remotely via Zoom: Click the following link to launch the Zoom meeting and follow staff instructions at the time of the hearing: https://cob.org/cczoom  Remotely via phone: Call (253) 215-8782 (or any of the above listed phone numbers), enter Meeting ID 839 2153 4374 and Password 9. Follow staff instructions at the time of the hearing. To Give General Public Comment or Public Hearing Testimony in Advance: Advance Public Hearing testimony and general Public Comment can be presented to the Council:  By mail at City Council, 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 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 February 13, 2023, the Council will hold a public hearing on a proposed legislative rezone to create a new subarea, Area 8A, in the South Neighborhood Roll Call Public Hearing 23608 1. Public Hearing for Consideration of an Ordinance Amending p. 6 Accessory Dwelling Unit Regulations and Process Mayor's Report Standing time for briefings, updates and reports to Council by the Mayor, if needed. Information only. 23609 1. Mayor's Reappointment of Melissa Morin to the Bellingham Public p. 248 Library Board of Trustees (Approval) 23610 2. Mayor's Appointment to the Mayor's Neighborhood Advisory p. 254 Commission (Information) 23611 3. Mayor's Reappointment of Ryan Wood to the Community p. 259 Development Advisory Board (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 1:00 PM Hannah Stone, Chair Lisa Anderson, Kristina Michele Martens 23603 1. An Ordinance Amending the Bellingham Municipal Code Authorizing p. 263 Employees of the Public Works Department to Enforce Non-Criminal Parking Regulations 23604 2. An Ordinance Establishing City Policy for the Procurement of Compost p. 270 for Use in City Projects Public Health, Safety, and Justice 1:30 PM Daniel Hammill, Chair Hollie Huthman, Edwin H. "Skip" Williams 23599 1. Amendment to Interlocal Agreement for Advanced Life Support p. 277 Services 23600 2. Interlocal Agreement with Whatcom County for Training of Lateral p. 282 Paramedics 23601 3. Extension of Interlocal Agreement for Community Paramedicine p. 287 23602 4. Interlocal Agreement for Paramedic Training School p. 292 Parks and Recreation 1:45 PM Edwin H. "Skip" Williams, Chair Hollie Huthman, Lisa Anderson 23598 1. Cornwall Beach Park Project Update and Park Name p. 301 Recommendation Committee Of The Whole 2:00 PM Michael Lilliquist Chair Hannah Stone, Hollie Huthman, Daniel Hammill, Edwin H. "Skip" Williams, Lisa Anderson, 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. 23605 1. Discussion of City Council Response to Stakeholder Advisory p. 306 Committee Recommendations 23606 2. Approval of City Council Committee and Regular Meeting Minutes p. 317 23607 3. Approval of City Council Special Meeting Minutes p. 325 4. Old/New Business Executive Session 2:25 PM Closed to the public. Report in the Regular Meeting only: 1. Litigation: Eldard v. City of Bellingham et al. (Good, approx 5 min) 2. Potential Litigation (Marriner, approx. 10 min) 3. Litigation: DeBruin et al. v. City of Bellingham (Good, approx 15 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. 23612 1. Authorization of Payroll Labor Cost Payments Dated December 16, p. 333 2022 to December 31, 2022 23613 2. Authorization of A/P Transactions Issued December 30, 2022 through p. 334 January 05, 2023 23614 3. Authorization of A/P Transactions Issued January 06, 2023 through p. 335 January 12, 2023 23615 4. Utility Construction Agreement Between the City of Bellingham and p. 336 WSDOT for Water Line Relocation 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, February 13, 2023 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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