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City Council - Regular Meeting

Regular Meeting

Bellingham, WA · April 8, 2024

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Minutes

City of Bellingham City Council Regular Meeting Minutes April 8, 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. 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 24067 1. Public Hearing and Resolution on the Proposed Relinquishment of a Surplus Utility p. 6 Easement Encumbering 1504 Larrabee Avenue Eric Johnston, Public Works Director, and Mike Wilson, City Engineer, presented the resolution, which relinquishes a surplus utility easement and realigns a pedestrian easement to allow for development of 1504 Larrabee Avenue. Council members discussed the relinquishment and asked questions. President Hammill opened the Public Hearing. No individuals provided testimony. President Hammill closed the Public Hearing. Michael Lilliquist / Edwin H. "Skip" Williams moved final approval of Resolution #2024-03. MOTION CARRIED 7-0. City of Bellingham Regular City Council Meeting Page 1 of 7 4/8/2024 Minutes 24068 2. Public Hearing on Proposed Ground Lease between Western Washington University p. 20 and the City of Bellingham Regarding the Construction of a Coast Salish House of Healing in the Sehome Hill Arboretum Nicole Oliver, Parks and Recreation Director, presented the proposal for the Coast Salish House of Healing in the Sehome Hill Arboretum. The Ground Lease and the Amended Interlocal Cooperation Agreement document the new development and future operating guidelines and will define how the House of Healing is operated. The Sehome Hill Arboretum Board of Governors recommended approval of the ground lease at their March 21, 2024 meeting. Council members discussed the project and asked questions. President Hammill opened the Public Hearing relating to the construction of a Coast Salish House of Healing in the Sehome Hill Arboretum. No individuals provided testimony. President Hammill closed the Public Hearing. Edwin H. "Skip" Williams / Michael Lilliquist moved to recommend approval of the Ground Lease between Western Washington University and the City of Bellingham for the Sehome Hill Arboretum Coast Salish House of Healing. MOTION CARRIED 7-0. 24069 3. Public Hearing on Amended Interlocal Cooperation Agreement between Western p. 54 Washington University and the City of Bellingham Regarding the Construction of a Coast Salish House of Healing in the Sehome Hill Arboretum The public hearing and presentation were consolidated into one discussion. Please see above. Edwin H. "Skip" Williams / Hollie Huthman moved to recommend approval of the Amended Interlocal Cooperation Agreement between Western Washington University and the City of Bellingham regarding the Sehome Hill Arboretum. MOTION CARRIED 7-0. Mayor's Report Standing time for briefings, updates, and reports to Council by the Mayor. 24070 1. Mayor's Reappointment to the Bellingham Housing Authorities Board of p. 61 Commissioners (Information) Mayor Lund reappointed Dave Finet to his second term, which will expire on April 18, 2029. There will be a corresponding appointment by the Whatcom County Executive to the Whatcom County Housing Authority Board of Commissioners. City of Bellingham Regular City Council Meeting Page 2 of 7 4/8/2024 Minutes Mayor Lund encouraged the public to watch the Committee of the Whole meeting regarding the Post Point facility treatment plant and the necessary upgrades to the City's infrastructure. The City is working to address the Northwest Clean Air Agency notice of violation for Post Point operations. Mayor Lund shared the City is launching several new programs to increase tree canopy coverage from 40% to 45% across the City, as voted upon by Council. The programs include coupons for planting trees on private properties, grants for neighborhood tree planting projects, youth education, volunteer opportunities, and free tree giveaways. Mayor Lund highlighted the upcoming ribbon cutting event for the completion of Phase 2 construction at Cordata Park on Friday, April 12th at 4pm. 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 24079 1. Authorize Mayor to Enter into an Interlocal Cooperative Purchasing Agreement p. 64 (ICPA) between the City of Bellingham and the Sourcewell Purchasing Cooperative Andy Asbjornsen, Finance Director, and Connie Allen, Purchasing Manager, presented an Interlocal Cooperative Purchasing Agreement (ICPA) between the City of Bellingham and the Sourcewell Purchasing Cooperative. The ICPA will allow the City to piggyback onto the competitive bidding process conducted by this governmental agency in lieu of self-performing its own bidding process. Council Members discussed the ICPA and asked questions. Hannah Stone / Lisa Anderson moved to authorize the Mayor to enter an Interlocal Cooperative Purchasing Agreement (ICPA) between the City of Bellingham and the Sourcewell Purchasing Cooperative. MOTION CARRIED 7-0. 24071 2. Stormwater Grant Agreement Between the City of Bellingham and the Washington p. 70 State Department of Ecology for the Design of Water Quality Treatment Best Management Practices at Little Squalicum Creek Eric Johnston, Public Works Director, and Renee LaCroix, Assistant Director of Natural Resources, presented the grant agreement with the Washington State Department of Ecology for design of water quality treatment practices at Little Squalicum Creek. The project will design systems to provide stormwater treatment for total suspended solids (TSS), dissolved copper, dissolved zinc, and reduce flows to Little Squalicum Creek by increasing stormwater infiltration. Council Members discussed and asked questions about the grant. City of Bellingham Regular City Council Meeting Page 3 of 7 4/8/2024 Minutes Hannah Stone / Edwin H. "Skip" Williams moved to recommend approval of the grant agreement with the Washington State Department of Ecology for design of water quality treatment practices at Little Squalicum Creek. MOTION CARRIED 7-0. 24072 3. Stormwater Grant Agreement between the City of Bellingham and the Washington p. 112 State Department of Ecology for the Design of Water Quality Treatment Best Management Practices at Lower Baker Creek Eric Johnston, Public Works Director, and Renee LaCroix, Assistant Director of Natural Resources, presented the grant agreement with the Washington State Department of Ecology for design of water quality treatment practices at Lower Baker Creek. The project will design systems to provide treatment for total suspended solids (TSS), dissolved copper, dissolved zinc, and reduce flows to Lower Baker Creek through detention and increasing stormwater infiltration. Council Members discussed and asked questions about the grant. Hannah Stone / Edwin H. "Skip" Williams moved to recommend approval of the grant agreement with the Washington State Department of Ecology for design of water quality treatment practices at Lower Baker Creek. MOTION CARRIED 7-0. 24073 4. Holly Street Bicycle Lane Pilot Project p. 154 Eric Johnston, Public Works Director, and Joel Pfundt, Assistant Director of Transportation, presented the Holly Street Bicycle Lane Pilot Project and introduced Shane Sullivan, Transportation Engineer, who recently joined the City. The pilot project will install a buffered bike lane on Holly Street from Ellis Street to North State Street, and a parking protected lane from North State Street to Bay Street. Community feedback and operational performance will be monitored to inform a future permanent project. Council Members discussed and asked questions about the project. Hannah Stone / Hollie Huthman moved to recommend approval of the implementation of the Holly Street Bicycle Lane Pilot Project. MOTION CARRIED 7-0. Committee Of The Whole 1:45 PM Daniel Hammill, Chair Hannah Stone, Hollie Huthman, Edwin H. "Skip" Williams, Lisa Anderson, Michael Lilliquist, Jace Cotton 24074 1. Expectations of City Advisory Groups p. 174 Mayor Lund, Janice Keller, Interim Deputy Administrator, and Alan Marriner, City Attorney, presented a framework to standardize the expectations of City Advisory Groups. Council Members discussed, provided feedback, and asked questions about the recommendations. The revised City of Bellingham Regular City Council Meeting Page 4 of 7 4/8/2024 Minutes framework will be shared with each advisory group which will then work to draft bylaws and internally discuss impacts. 24075 2. Post Point and Biosolids Emerging Technologies p. 178 Eric Johnston, Public Works Director, and Mike Olinger, Assistant Director of Operations, returned to Council to discuss Post Point and the biosolid technologies request for proposals from summer 2023. The City recently received notice of a violation from the Northwest Clean Air Agency and will be working to address issues at the treatment plant. Council Members discussed the presentation and asked questions. The revised presentation is available here. 3. Old/New Business No discussion items. Executive Session 3:15 PM Closed to the public. Report in the Regular Meeting only: 1. Potential Property Acquisition (Kraham, approx 5 min) Staff provided information on the potential acquisition of property located at 3300-3308 Northwest Avenue, owned by NW Avenue, LLC. Hollie Huthman / Michael Lilliquist moved to authorize the Mayor to close the real estate transaction described in the City’s executed purchase and sale agreement with NW Avenue LLC with the following terms: Purchase of the property for $1,200,000, with closing to occur on or around April 30, 2024. MOTION CARRIED 7-0. 2. Potential Litigation (Stamps, approx 10 min) ITEM ADDED 4/4/2024 Staff briefed Council on a potential litigation matter. Lisa Anderson / Hollie Huthman moved to authorize the Mayor to retain attorneys Matthew Cohen and Rachel Cox of Stoel Rives LLP to assist with environmental permitting and regulatory compliance and enforcement matters concerning the Post Point Resource Recovery Plant. MOTION CARRIED 7-0. 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. 24076 1. Authorization of A/P Transactions Issued March 15, 2024 through March 21, 2024 p. 210 City of Bellingham Regular City Council Meeting Page 5 of 7 4/8/2024 Minutes 24077 2. Authorization of A/P Transactions Issued March 22, 2024 through March 28, 2024 p. 211 24078 3. Authorization of Payroll Labor Cost Payments Dated March 1, 2024 to March 15, p. 212 2024 24080 4. Amendment Providing Additional Time to Complete Requirements Under MOA p. 213 between the US Army Corps of Engineers, the Washington State Historic Preservation Officer, the City of Bellingham, and the Nooksack Tribe Regarding Cultural Resources Near the Middle Fork Fish Passage Project 24081 5. Stormwater Grant Agreement between the City of Bellingham and the Washington p. 230 State Department of Ecology for the Design of Water Quality Treatment Best Management Practices (BMPs) at Lower Squalicum Creek 24082 6. Stormwater Grant Agreement between the City of Bellingham and the Washington p. 272 State Department of Ecology for the Design of Water Quality Treatment Best Management Practices (BMPs) at Lake Whatcom 24083 7. Stormwater Grant Agreement between the City of Bellingham and the Washington p. 314 State Department of Ecology for the Design of Water Quality Treatment Best Management Practices (BMPs) at Lower Padden Creek 24084 8. Approval of the 3/25/2024 City Council Committee and Regular Meeting Minutes p. 358 Hollie Huthman / Edwin H. "Skip" Williams moved approval of the Consent Agenda in its entirety. MOTION CARRIED 7-0. Final Consideration of Ordinances 24056 1. An Ordinance of the City of Bellingham, Washington, Amending the 2023-2024 p. 373 Biennial Budget - Amendment No. 11 Hollie Huthman / 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: Hammill, Stone, Huthman, Williams, Anderson, Lilliquist, Cotton NAYS: (None) EXCUSED: (None) MOTION CARRIED 7-0 and was thereafter named Ordinance #2024-04-012. 24058 2. An Ordinance Relating to the Whatcom Museum and Repealing Bellingham p. 376 Municipal Code (BMC) Chapter 2.39 City of Bellingham Regular City Council Meeting Page 6 of 7 4/8/2024 Minutes 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: Hammill, Stone, Huthman, Williams, Anderson, Lilliquist, Cotton NAYS: (None) EXCUSED: (None) MOTION CARRIED 7-0 and was thereafter named Ordinance #2024-04-013. Public Comment Period City Council heard public comments from ten individuals. To access the recording visit, Public Comment Period Recordings - City of Bellingham (cob.org). Adjournment There being no further business, the meeting adjourned at 8:06pm. Daniel Hammill, Council President ATTEST: Kelley Goetz, Deputy City Clerk APPROVED: 5/6/2024 City of Bellingham Regular City Council Meeting Page 7 of 7 4/8/2024 Minutes

Agenda

City of Bellingham City Council Regular Meeting Agenda April 8, 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 Manager: Jackie Lassiter Watch Council Meetings Live The City Council Regular meetings are conducted in a hybrid setting: both in-person and online. 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: Spanish interpretation will be available at the Regular Meeting at 7:00 PM. In-person attendees will have interpretation headsets available to them. Remote attendees can navigate to www.cob.org/cczoom to login via Zoom, then select the interpretation channel at the bottom of the screen. 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 Chamber 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 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. Roll Call Public Hearing 24067 1. Public Hearing and Resolution on the Proposed Relinquishment of a Surplus Utility p. 6 Easement Encumbering 1504 Larrabee Avenue 24068 2. Public Hearing on Proposed Ground Lease between Western Washington University p. 20 and the City of Bellingham Regarding the Construction of a Coast Salish House of Healing in the Sehome Hill Arboretum 24069 3. Public Hearing on Amended Interlocal Cooperation Agreement between Western p. 54 Washington University and the City of Bellingham Regarding the Construction of a Coast Salish House of Healing in the Sehome Hill Arboretum Mayor's Report Standing time for briefings, updates and reports to Council by the Mayor, if needed. Information only. 24070 1. Mayor's Reappointment to the Bellingham Housing Authorities Board of p. 61 Commissioners (Information) 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 24079 1. Authorize Mayor to Enter into an Interlocal Cooperative Purchasing Agreement (ICPA) p. 64 between the City of Bellingham and the Sourcewell Purchasing Cooperative 24071 2. Stormwater Grant Agreement Between the City of Bellingham and the Washington p. 70 State Department of Ecology for the Design of Water Quality Treatment Best Management Practices at Little Squalicum Creek 24072 3. Stormwater Grant Agreement between the City of Bellingham and the Washington p. 112 State Department of Ecology for the Design of Water Quality Treatment Best Management Practices at Lower Baker Creek 24073 4. Holly Street Bicycle Lane Pilot Project p. 154 Committee Of The Whole 1:45 PM Daniel Hammill, Chair Hannah Stone, Hollie Huthman, Edwin H. "Skip" Williams, Lisa Anderson, Michael Lilliquist, Jace Cotton 24074 1. Expectations of City Advisory Groups p. 174 24075 2. Post Point and Biosolids Emerging Technologies p. 178 3. Old/New Business Executive Session 3:15 PM Closed to the public. Report in the Regular Meeting only: 1. Potential Property Acquisition (Kraham, approx 5 min) 2. Potential Litigation (Stamps, approx 10 min) ITEM ADDED 4/4/2024 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. 24076 1. Authorization of A/P Transactions Issued March 15, 2024 through March 21, 2024 p. 210 24077 2. Authorization of A/P Transactions Issued March 22, 2024 through March 28, 2024 p. 211 24078 3. Authorization of Payroll Labor Cost Payments Dated March 1, 2024 to March 15, 2024 p. 212 24080 4. Amendment Providing Additional Time to Complete Requirements Under MOA p. 213 between the US Army Corps of Engineers, the Washington State Historic Preservation Officer, the City of Bellingham, and the Nooksack Tribe Regarding Cultural Resources Near the Middle Fork Fish Passage Project 24081 5. Stormwater Grant Agreement between the City of Bellingham and the Washington p. 230 State Department of Ecology for the Design of Water Quality Treatment Best Management Practices (BMPs) at Lower Squalicum Creek 24082 6. Stormwater Grant Agreement between the City of Bellingham and the Washington p. 272 State Department of Ecology for the Design of Water Quality Treatment Best Management Practices (BMPs) at Lake Whatcom 24083 7. Stormwater Grant Agreement between the City of Bellingham and the Washington p. 314 State Department of Ecology for the Design of Water Quality Treatment Best Management Practices (BMPs) at Lower Padden Creek 24084 8. Approval of the 3/25/2024 City Council Committee and Regular Meeting Minutes p. 358 Final Consideration of Ordinances 24056 1. An Ordinance of the City of Bellingham, Washington, Amending the 2023-2024 p. 373 Biennial Budget - Amendment No. 11 24058 2. An Ordinance Relating to the Whatcom Museum and Repealing Bellingham Municipal p. 376 Code (BMC) Chapter 2.39 Public Comment Period Advance sign-up is required for participation. Sign-up sheets will be available starting at 6:30 PM 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 the first page of the 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, April 15, 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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