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City Council - Regular Meeting

Regular Meeting

Bellingham, WA · February 26, 2024

AgendaMinutesPacketVideo Recording

Minutes

City of Bellingham City Council Regular Meeting Minutes February 26, 2024, 7:00 PM Mayor: Kimberley Lund 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 Jace Cotton Call to Order The City Council Regular meeting was called to order by Council President Hammill at 7:00pm. Announcements & Upcoming Meetings: Bellingham City Council meets all requirements of the State of Washington Open Public Meetings Act. 1. On March 11, 2024, the City Council will hold a public hearing to receive public comment on a proposed major modification to the Interlocal Agreement for Facilities within the Waterfront District between the Port of Bellingham and the City of Bellingham. Roll Call Present: Council President Daniel Hammill, Third Ward Council Member 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 Jace Cotton, At-Large Public Hearing 24018 1. Public Hearing for Department of Justice Grant for Rapid DNA Program p. 6 Chief Rebecca Mertzig and Eric Kingery, Crime Scene Investigator, presented the grant application to the Department of Justice, Byrne Discretionary Community Project Funding for a Rapid DNA machine and consumables for up to three years. The equipment will help law enforcement in Bellingham identify, arrest, and prosecute both violent crimes and prolific property crimes in the City of Bellingham. Rapid DNA is a term used to describe the fully automated process of developing a DNA profile from evidence samples in a few hours without the need of a DNA laboratory or human interpretation. This item was for information and discussion only. President Hammill opened the Public Hearing. One individual provided testimony. City of Bellingham Regular City Council Meeting Page 1 of 6 2/26/2024 Minutes President Hammill closed the Public Hearing. Council Members discussed the grant and asked questions. President Hammill requested the public record remain open until March 11th. Mayor's Report Standing time for briefings, updates, and reports to Council by the Mayor. 24019 1. Mayor's Appointments to the Community Development Advisory Board p. 36 (Information) Mayor Lund appointed Josh Sanders to his first partial term on the Community Development Advisory Board, which will expire on September 10, 2024, at which time he may be reappointed. Mayor Lund appointed Ben Spicer and Jake Hawes to their first full terms on the Community Development Advisory Board, which will expire on February 14, 2027, at which time they may be reappointed. 24020 2. Mayor's Reappointment to the Museum Foundation Board (Approval) p. 51 Mayor Lund reappointed George Sanders to his third term on the Museum Foundation Board, which will expire on February 26, 2027, at which time he may be reappointed. Lisa Anderson / Hollie Huthman moved to recommend approval of appointing George Sanders to his third term on the Museum Foundation Board, which will expire on February 26, 2027, at which time he may be reappointed. MOTION CARRIED 7-0. Mayor Lund shared information about her first Executive Order to address the fentanyl crisis, focusing on the safety and well-being of downtown Bellingham. Mayor Lund highlighted the partnership with the Bellingham School District to explore building a new school in the Civic Athletic Complex and expand recreational opportunities. Mayor Lund shared the City has received a significant increase in Accessory Dwelling Unit (ADU) applications as a result of streamlined code revisions. Mayor Lund stated that the Mayor's Office is working to increase communication and community conversations with various stakeholders to discuss the ABC Recycling operations including,  Working with Whatcom County Officials to define the City's role in evaluating the ABC proposal for a metal shredding facility  In partnership with Council President Hammill, convening stakeholder dialogues on operation and noise mitigation at the shipping terminal  Scheduling a series of related presentations to Council in the near future City of Bellingham Regular City Council Meeting Page 2 of 6 2/26/2024 Minutes In recognition of Engineer's Week, Mayor Lund thanked all engineering staff throughout the City for their work. Regular Meeting and Committee Sessions The following are heard in both Committee sessions and Regular Meeting in order below: Council Standing Committee Meetings: Public Works and Natural Resources 1:00 PM Hannah Stone, Chair Lisa Anderson, Michael Lilliquist 24021 1. Contract Award for Indefinite Delivery, Indefinite Quantity Asphalt Repair Services, p. 53 BID #8B-2024 Eric Johnston, Public Works Director, and Mike Olinger, Assistant Director, provided a summary of the contract award #8B-2024, Indefinite Delivery, Indefinite Quantity Asphalt Repair Services. The work for this contract will be completed as needed over a maximum term of four years and not-to- exceed $5,000,000. Western Refinery Services submitted the lowest responsive bid of $1,233,831.00 per year, including any applicable Sales or Use Tax. Council Members discussed and asked questions regarding the contract award. Hannah Stone / Michael Lilliquist moved to approve contract award #8B-2024 for the Indefinite Delivery, Indefinite Quantity Asphalt Repair Services to Western Refinery Services as the lowest responsive, responsible bidder and to authorize the Mayor to enter into a contract with them in a not-to-exceed amount of $5,000,000, including any applicable WSST. MOTION CARRIED 7-0. 24022 2. Bicycle Master Plan Phase 2 Engagement Summary p. 60 Eric Johnston, Public Works Director, Joel Pfundt, Assistant Director of Transportation, and Natalie Monro, Community and Outreach Coordinator, presented a summary of phase two community engagement for the Bicycle Master Plan (BMP). The Bellingham Bicycle Master Plan (BMP) was adopted by City Council in October 2014 and the City is currently updating the plan to ensure ongoing implementation. Phase one included a draft of recommended network, policies, and program actions based upon community input and phase two shared the plan back to the public for additional feedback. Next steps include integrating comments into the revised plan, finalizing plan recommendations, sending to the Transportation Commission for review, and returning for final City Council approval in May 2024. To learn more about the Bike Master Plan Update and revision process, visit the BMP page or EngageBellingham page. Council Members discussed and asked questions on the BMP. City of Bellingham Regular City Council Meeting Page 3 of 6 2/26/2024 Minutes Parks and Recreation 1:45 PM Edwin H. "Skip" Williams, Chair Hollie Huthman, Jace Cotton 24023 1. Cornwall Memorial Park Update: Demolition and Replacement of North Pedestrian p. 85 Bridge and Conversion of Tennis Court to Pickleball Courts Nicole Oliver, Parks and Recreation Director, and Steve Janiszewski, Park Operations Manager, presented on two upcoming projects at Cornwall Memorial Park including rebuilding the North Pedestrian Bridge and conversion of one additional tennis court to three pickleball courts. Council Members discussed and asked questions about the two projects. 24024 2. First Amendment to the Galbraith Mountain Recreational Use Easement p. 91 Nicole Oliver, Parks and Recreation Director, Steve Janiszewski, Park Operations Manager, and Eric Brown, Executive Director of the Whatcom Mountain Bike Coalition, presented a request by the Whatcom Mountain Bike Coalition to modify the current recreational use easement to allow the use of Class 1 electric-assisted bicycles and increase the maximum allowable number of trail miles on Galbraith Mountain. Council Members discussed and asked questions about the easement amendment and impacts of the change. Edwin H. "Skip" Williams / Hollie Huthman moved to recommend approval of the amendment to the Galbraith Mountain Recreational Use Easement to allow the use of Class 1 electric-assisted bicycles and increase the maximum allowable number of trail miles on Galbraith Mountain. MOTION CARRIED 7-0. 24025 3. First Amendment to Galbraith Mountain Working Forest Conservation Easement p. 103 Nicole Oliver, Parks and Recreation Director, presented a request by the Whatcom Mountain Bike Coalition to modify the current Galbraith Mountain Working Forest Conservation Easement to allow for the use of Class 1 electric-assisted bicycles on Galbraith Mountain. This modification maintains consistency with the recreational use modification. Council Members discussed and asked questions about the conservation easement amendment. Edwin H. "Skip" Williams / Jace Cotton moved to recommend approval of the amendment to the Galbraith Mountain Forest Conversation Easement to allow for the use of Class 1 electric-assisted bicycles on Galbraith Mountain. MOTION CARRIED 7-0. Committee Of The Whole 2:25 PM Daniel Hammill, Chair Hannah Stone, Hollie Huthman, Edwin H. "Skip" Williams, Lisa Anderson, Michael Lilliquist, Jace Cotton City of Bellingham Regular City Council Meeting Page 4 of 6 2/26/2024 Minutes 24026 1. Approval of the 1/29/2024 City Council Committee and Regular Meeting Minutes p. 117 Daniel Hammill / Edwin H. "Skip" Williams moved approval of the January 29, 2024 and February 12, 2024 minutes of the regular City Council meeting as submitted. MOTION CARRIED 7-0. 24027 2. Approval of the 2/12/2024 City Council Committee and Regular Meeting Minutes p. 136 See above motion. 3. Old/New Business President Hammill recapped the discussion from Old/New Business during Committee of the Whole related to the fentanyl crisis and how City leadership and community are working together. For a summary of the full discussion, see the video or Committee of the Whole meeting minutes under Old/New Business. Executive Session Closed to the public. Report in the Regular Meeting only: There was no Executive Session. 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. 24028 1. Authorization of A/P Transactions Issued February 02, 2024 through February 08, p. 148 2024 24029 2. Authorization of A/P Transactions Issued February 09, 2024 through February 15, p. 149 2024 24030 3. Authorization of Payroll Labor Cost Payments Dated January 16, 2024 to January 31, p. 150 2024 Michael Lilliquist / Hollie Huthman moved approval of the Consent Agenda in its entirety. MOTION CARRIED 7-0. Final Consideration of Ordinances 24011 1. An Ordinance of the City of Bellingham, Washington Granting Ziply Fiber Pacific LLC a p. 151 Franchise to Operate and Maintain Fiber Optic Broadband Network Components in City Rights-Of-Way for the Provision of Commercial Telecommunications Services to Businesses and Residents City of Bellingham Regular City Council Meeting Page 5 of 6 2/26/2024 Minutes 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: Hammill, Stone, Huthman, Williams, Anderson, Lilliquist, Cotton NAYS: (None) EXCUSED: (None) MOTION CARRIED 7-0 and was thereafter named Ordinance #2024-02-007. 23995 2. An Ordinance Relating to the Rental Registration and Safety Inspection Program; p. 157 Amending BMC 6.15.020, 6.15.030, 6.15.040, 6.15.050, 6.15.070, 6.15.080, and 6.15.170; and Adding a New Section to Chapter 6.15 BMC Lisa Anderson / 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: Hammill, Stone, Huthman, Williams, Anderson, Lilliquist, Cotton NAYS: (None) EXCUSED: (None) MOTION CARRIED 7-0 and was thereafter named Ordinance #2024-02-008. Public Comment Period City Council heard public comment from 15 individuals. To access the recording, visit the Public Comment Period Recordings - City of Bellingham (cob.org). Adjournment There being no further business, the meeting adjourned at 8:38pm. Daniel Hammill, Council President ATTEST: Kelley Goetz, Deputy City Clerk APPROVED: 3/11/2024 City of Bellingham Regular City Council Meeting Page 6 of 6 2/26/2024 Minutes

Agenda

City of Bellingham City Council Regular Meeting Agenda February 26, 2024, 7:00 PM Mayor: Kimberley Lund 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 Jace Cotton Legislative Assistant: Jackie Lassiter Watch Council Meetings Live The City Council Regular meetings are conducted in a hybrid setting: with in-person and remote access. In Person: All meetings are held in Council Chambers on the second floor of City Hall, 210 Lottie Street, Bellingham, unless otherwise noted. The doors 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 on BTV: Comcast channels 321 and 10. Via Telephone: Members of the public who do not have cable or Internet access may listen to the meeting via telephone by calling (253) 215-8782 and entering Meeting ID: 820 8245 2733 and Password: 9 Language Access: In-person Spanish interpretation will be available for the Regular Meeting at 7:00 PM. In-person attendees will have interpretation headsets available to them. Those wishing to offer public comment in Spanish will be able to do so and their comments will be interpreted into English. Provide your Input During a Meeting: To speak during a Public Hearing or Public Comment Session, advance registration is required. Sign-up sheets will be available outside the Council Chambers doors starting at 6:30 PM the evening of the meeting. Registration closes when the meeting begins at 7:00 PM. Please note: Public comment is currently available only to in-person attendees. In light of recent hate speech incidents across the state, the Bellingham City Council will not be offering public comment via Zoom until further notice. The City may provide an accommodation for individuals with disabilities who wish to participate in City Council’s public comment period, including virtual participation options. Please contact the Council Office at (360) 778-8200 or ccmail@cob.org to request an accommodation no later than 3:00 PM on the day of the meeting. Public comment is always welcome via e-mail, phone, or mail. Before or After a Meeting: Advance written Public Hearing testimony and general written Public Comment can be presented:  By mail addressed to: City Council, 210 Lottie Street, Bellingham, WA 98225  Electronically: o For a public hearing: https://cob.org/publichearing o For general public comment: E-mail all Council Members at ccmail@cob.org. Regular Meeting 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 March 11, 2024, the City Council will hold a public hearing to receive public comment on a proposed major modification to the Interlocal Agreement for Facilities within the Waterfront District between the Port of Bellingham and the City of Bellingham Roll Call Public Hearing 24018 1. Public Hearing for Department of Justice Grant for Rapid DNA Program p. 6 Mayor's Report Standing time for briefings, updates and reports to Council by the Mayor, if needed. Information only. 24019 1. Mayor's Appointments to the Community Development Advisory Board (Information) p. 36 24020 2. Mayor's Reappointment to the Museum Foundation Board (Approval) p. 51 Regular Meeting and Committee Sessions 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 Committee Meetings identified below also serves as notice for Special Meetings of the City Council as Council Members routinely attend and participate in Committees they are not a member of. 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, Michael Lilliquist 24021 1. Contract Award for Indefinite Delivery, Indefinite Quantity Asphalt Repair Services, p. 53 BID #8B-2024 24022 2. Bicycle Master Plan Phase 2 Engagement Summary p. 60 Parks and Recreation 1:45 PM Edwin H. "Skip" Williams, Chair Hollie Huthman, Jace Cotton 24023 1. Cornwall Memorial Park Update: Demolition and Replacement of North Pedestrian p. 85 Bridge and Conversion of Tennis Court to Pickleball Courts 24024 2. First Amendment to the Galbraith Mountain Recreational Use Easement p. 91 24025 3. First Amendment to Galbraith Mountain Working Forest Conservation Easement p. 103 Committee Of The Whole 2:25 PM Daniel Hammill, Chair Hannah Stone, Hollie Huthman, Edwin H. "Skip" Williams, Lisa Anderson, Michael Lilliquist, Jace Cotton 24026 1. Approval of the 1/29/2024 City Council Committee and Regular Meeting Minutes p. 117 24027 2. Approval of the 2/12/2024 City Council Committee and Regular Meeting Minutes p. 136 3. Old/New Business 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. 24028 1. Authorization of A/P Transactions Issued February 02, 2024 through February 08, p. 148 2024 24029 2. Authorization of A/P Transactions Issued February 09, 2024 through February 15, p. 149 2024 24030 3. Authorization of Payroll Labor Cost Payments Dated January 16, 2024 to January 31, p. 150 2024 Final Consideration of Ordinances 24011 1. An Ordinance of the City of Bellingham, Washington Granting Ziply Fiber Pacific LLC a p. 151 Franchise to Operate and Maintain Fiber Optic Broadband Network Components in City Rights-Of-Way for the Provision of Commercial Telecommunications Services to Businesses and Residents 23995 2. An Ordinance Relating to the Rental Registration and Safety Inspection Program; p. 157 Amending BMC 6.15.020, 6.15.030, 6.15.040, 6.15.050, 6.15.070, 6.15.080, and 6.15.170; and Adding a New Section to Chapter 6.15 BMC Public Comment Period Advance sign-up is required for participation. Sign-up sheets will be available starting at 6:30 the evening of the meeting. Registration closes when the meeting begins at 7:00 PM. Each speaker will have three minutes. Oral public comment is currently only available to in-person attendees. Remote public comment via Zoom has been suspended until further notice. Exceptions for those requiring an accommodation for disability may be made. Please see first page of agenda for further details. Video of the public comment session will be available by visiting https://cob.org/commentrecordings. 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 Finance Office at City Hall. Meeting Live Broadcasts and Recordings 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. Television: 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). Meetings are rebroadcast on the following 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 Online Streaming: The meetings are streamed live at https://cob.org/btv. Online viewers will see exactly what cable customers would see. Video: Video recordings of each meeting are available on the Internet at https://cob.org/meetings within five business days following each 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 (360) 778- 8200 in advance of the meeting. Next City Council Meeting Monday, March 11, 2024 Deadline to submit material for any public hearing for inclusion in the published agenda packet is 10:00 AM. on Wednesday prior to the meeting.

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