City Council - Regular Meeting

City of Bellingham City Council Regular Meeting Minutes November 9, 2020, 7:00 PM Mayor Seth Fleetwood Contact: (360) 778-8200, ccmail@cob.org Council Members Hannah Stone, Gene Knutson, Daniel Hammill, www.cob.org/council Pinky Vargas, Lisa Anderson, Michael Lilliquist and All meetings are held in the City Hall Council Chambers at Hollie Huthman 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 Knutson at 7:00 p.m. Announcements & Upcoming Meetings: Bellingham City Council meets all requirements of the State of Washington Open Public Meetings Act. 1. On November 16, 2020 at 1:00 there will be a Budget Work Session to continue discussions on the City Budget 2. On November 23, 2020 there will be a Public Hearing on the Preliminary 2021- 2022 Biennial Budget Pledge of Allegiance Led by Council Member Huthman. Roll Call Present: Council President Gene Knutson, Second Ward Council Member Hannah Stone, First Ward Council Member Daniel Hammill, Third Ward Council Member Pinky Vargas, Fourth Ward Council Member Lisa Anderson, Fifth Ward Council Member Michael Lilliquist, Sixth Ward Council Member Hollie Huthman, At-Large Public Hearing 22797 1. Public Hearing and Resolution to Relinquish a Surplus Utility Easement at 614 and 622 11th Street City of Bellingham Regular City Council Meeting Page 1 of 10 11/9/2020 Minutes  Eric Johnston, Public Works Director, reviewed the request by the property owners and determined the easement is not needed. Staff recommends relinquishment of the surplus utility easement encumbering real property at 614 and 622 11th Street. Council President Knutson opened the public hearing. No citizens spoke and the public hearing was closed. Daniel Hammill / Hollie Huthman moved final approval of Resolution #2020-41. MOTION CARRIED 7-0. 22798 2. Public Hearing to Consider a Draft Ordinance Amending the 2016 Bellingham Comprehensive Plan to Add New Policies Related to Food Access Lisa Pool, Senior Planner, explained the new policies that supplement the Comprehensive Plan's existing food policies. It includes amendments to the Land Use Chapter of the Comprehensive Plan to add new food polices. There are four amendments, which include:  Explore incentives, and regulatory changes to encourage grocery stores, farmers markets, food carts and other mobile vendors to locate in underserved areas;  Encourage development patterns that support healthy affordable food access;  Encourage healthy food purveyors, such as grocery stores, farmers markets and community food gardens to be located near residential areas and public transit; and  Limit the use of certain restrictive covenants that preclude the use of real property for grocery store operations and sales. Provide exceptions when certain conditions are met. Staff recommends approval of the ordinance. Council President Knutson opened the public hearing. Public Comment was taken. There being no further comments, the public hearing was closed. Michael Lilliquist / Daniel Hammill moved for first and second reading. MOTION CARRIED 7-0. 22799 3. Public Hearing to Consider an Amendment to the Area 1 Description in the York Neighborhood Plan City of Bellingham Regular City Council Meeting Page 2 of 10 11/9/2020 Minutes  Greg Aucutt, Assistant Planning Director, shared that the York Neighborhood Association submitted a request to amend their neighborhood plan that adds policy language to the Area 1 description to help guide future decisions regarding land use and protection of Whatcom Creek. Steve Sundin, Senior Planner, explained that the community members were not able to force the School District to make riparian efforts. The City has made significant riparian improvements along the I-5 corridor, along Woburn Avenue, and also near and behind the downtown area and City Hall. Council President Knutson, opened up the public hearing. Public Comment was taken. There being no further comments, the public hearing was closed. The written record will remain open until a final decision, per resolution #2013-09. Council Members asked questions. The matter will be brought forward for consideration on November 23rd. 22800 4. First Public Hearing on the 2021-2022 Preliminary Biennial Budget Forrest Longman, Deputy Finance Director, explained the changes in the 2021 - 2022 budget and gave a high-level overview of the $664 million. Investment and reallocation for policy priorities include:  Eliminate one police officer to double investment in GRACE program to $280,000  Add $100,000 per year to accelerate Climate Action  $139 million capital program over the biennium  Maintain human services, homelessness and housing programming of well over $5 million annually Council President Knutson opened the public hearing. Public Comment was taken. There being no further comments, the public hearing was closed. The written record will remain open until a final decision, per Resolution #2013-09. 15-Minute Public Comment Period Time did not allow for Public Comment. City of Bellingham Regular City Council Meeting Page 3 of 10 11/9/2020 Minutes Mayor's Report Standing time for briefings, updates and reports to Council by the Mayor, if needed. Information only. The Mayor highlighted a discussion that was held earlier in the day on the Behavioral Health Crisis Response System Expansion program. It is a program in cooperation with Whatcom County. It has been formed as a response to a request to create an unarmed, civilian response to 911 calls. This response system has a direct line for any law enforcement officer to call to request a mental health professional response to a co-response. 22801 1. Mayor's Appointment of Jeannie Gilbert and Reappointment of Neha Harle to the Parks and Recreation Advisory Board (Information) The Mayor appoints Jeannie Gilbert to her first term, on the Parks and Recreation Advisory Board, which will expire on October 1, 2023, at which time she may be reappointed. The Mayor appoints Neha Harle as the Student Representative, for a one-year term, on the Parks and Recreation Advisory Board, which will expire on August 29, 2021. Information only. 22802 2. Mayor's Appointment of Annika Taylor to the Greenway Advisory Committee (Approval) The Mayor appoints Annika Taylor to her first partial term, on the Greenway Advisory Committee, which will expire on July 9, 2021, at which time she may be reappointed. Hollie Huthman / Hannah Stone moved approval of the Mayor’s appointment of Annika Taylor to the Greenway Advisory Committee. MOTION CARRIED 7-0. Council Standing Committee Meetings: City Council Special Budget Work Session 22775 1. 2021-2022 Biennial Budget Work Session Presentation during Committee. Two amendments to the biennial budget were suggested. The first one was an increase by $1,000,000 towards solutions for homelessness and $500,000 towards the Homeless Outreach Team (HOT). Information only. City of Bellingham Regular City Council Meeting Page 4 of 10 11/9/2020 Minutes 22803 2. Summary of Technical and Other Budget Adjustments Requested by the Administration Prior to Budget Adoption Pinky Vargas / Michael Lilliquist moved to approve technical adjustments prior to adoption. MOTION CARRIED 7-0. Closed Record Hearing 22804 1. A Closed Record Hearing to Consider a Street Vacation of an Alley Generally Located South of West Chestnut Street and Between Cornwall and Commercial Streets Discussion during Committee. A petitioner seeks to vacate the subject right-of-way which abuts a building he owns to legitimize existing private parking and an existing ADA accessible ramp that provides ingress and egress to petitioner's building. The Hearing Examiner held a public hearing in 2018 and recommends approval of the street vacation. Gene Knutson / Hollie Huthman moved for first and second reading. MOTION CARRIED 7-0. 22805 2. A Closed Record Hearing to Consider a Street Vacation for a Portion of Pasco Street Between the West Line of Samish Way and the North Line of Abbott Street Discussion during Committee. The petitioner, the Bellingham Housing Authority, seeks to vacate the portion of Pasco Street abutting phase II of their housing project in the Samish Way Urban Village. The Hearing Examiner held a public hearing on August 26, 2020 and recommended approval of the vacation. Gene Knutson / Hollie Huthman moved for first and second reading. MOTION CARRIED 7-0. Public Works and Natural Resources Michael Lilliquist, Chair Pinky Vargas, Lisa Anderson 22741 1. Proposed Ordinance Amending Bellingham Municipal Code Chapters 15.16 and 15.42 Discussion during Committee. Staff presented a draft of the Surface and Stormwater utility rate ordinance to City Council on October 12. Based on input from Council and City of Bellingham Regular City Council Meeting Page 5 of 10 11/9/2020 Minutes  public comment, staff made several changes to the proposed ordinance included herewith. Recommended changes include:  Delay rate increases for the large customer rate class until 2022  Increased rates for all customer classes by the consumer price index (CPI) effective January 1, 2021  Continue public education credit until 2022 then gradually phase out by 2026 and continue the payment for streets through 2021. The proposed changes have no impact to the proposed 2021 - 2020 budget. Michael Lilliquist / Daniel Hammill moved for first and second reading. MOTION CARRIED 7-0. Planning and Community Development Hollie Huthman, Chair Daniel Hammill, Michael Lilliquist 22806 1. Consideration of an Ordinance Amending BMC 21.10.110 Regarding Public Meetings Before the Planning Commission and its Shoreline Committee Discussion during Committee. Currently the Bellingham Municipal Code 21.10.110 requires the Planning Commission's Shoreline Committee to hold a public meeting to review every shoreline permit application and make a recommendation to the Planning Director. This step may be unnecessary for smaller and non-controversial projects that do not propose impacts to shoreline riparian areas. The proposed amendment would give the Shoreline Committee Chair the option of requesting a public meeting. The Planning Commission supports this amendment. The Shoreline Committee reviews every application. Hollie Huthman / Lisa Anderson moved for first and second reading. MOTION CARRIED 7-0. Finance and Economic Development Pinky Vargas, Chair Lisa Anderson, Hollie Huthman 22807 1. Lodging Tax Advisory Committee's 2021 Budget Recommendations Budget recommendations were made during Committee. The recommendations are based upon a reduction of approximately $900,000 in 2020 revenue and $800,000 in 2021. Pinky Vargas / Hollie Huthman moved to approve the budget changes in the LTAC 2021 budget. City of Bellingham Regular City Council Meeting Page 6 of 10 11/9/2020 Minutes  MOTION CARRIED 7-0. 22808 2. An Ordinance Amending the 2019-2020 Biennial Budget Increasing Estimated Revenues and Appropriations and Transferring Funds Discussion during Committee. The ordinance amends the budget to ensure the City can meet its obligation to make an upcoming payment on the debt incurred by the purchase of the Sportsplex. The debt payment is due December 1, 2020. Pinky Vargas / Daniel Hammill moved for first and second reading. MOTION CARRIED 7-0. 22767 3. A Resolution Making a Declaration of Substantial Need for the Purposes of Setting a Limit Factor for the Property Tax Levy for 2021 The resolution is in support of the ordinance increasing the City's regular Property Tax Levy which follows this item. Pinky Vargas / Hollie Huthman moved final approval of Resolution #2020-42. MOTION CARRIED 7-0. 22767 4. An Ordinance Establishing the Property Tax Levy for 2021 Discussion during Committee. The ordinance will increase the City's regular Property Tax Levy by $194,825.40 plus new construction. This represents the statutorily allowed one percent increase, exclusive of the affordable housing portion of the regular levy, as calculated upon the previous year's actual levy less refunds. Pinky Vargas / Daniel Hammill moved for first and second reading. MOTION CARRIED 7-0. 22809 5. Resolution Adopting a Self-Insurance Program Pinky Vargas / Lisa Anderson moved final approval of Resolution #2020-43. MOTION CARRIED 7-0. Climate Action Hannah Stone, Chair Daniel Hammill, Pinky Vargas 22505 1. Climate Action Recommendations from the Filter 2 Report and Resolution Amending the Climate Action Plan Presentation during Committee. City of Bellingham Regular City Council Meeting Page 7 of 10 11/9/2020 Minutes  Staff recommended Council include the ten additional items in the Climate Action Plan by passing the resolution that was presented during Committee. The resolution will be brought back for more discussion at the next committee meeting on November 23, 2020. Committee of the Whole Gene Knutson, Chair Hannah Stone, Daniel Hammill, Pinky Vargas, Lisa Anderson, Michael Lilliquist, Hollie Huthman 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. 22650 1. Consideration to Amend Addendum No. 1 to the Interlocal Cost Sharing Agreement Related to COVID-19 Health Crisis Between Whatcom County and the City of Bellingham Presentation during Committee. The City's financial commitments have decreased from $700,000 to $500,000 for the interlocal cost sharing agreement related to COVID-19 health crisis between the City and Whatcom County. Gene Knutson / Michael Lilliquist moved to approve the amendment of the interlocal agreement. MOTION CARRIED 7-0. 22810 2. A Resolution Setting the Dates and Times of the 2021 City Council Meetings Gene Knutson / Daniel Hammill moved final approval of Resolution #2020-44 with August date changes that include moving the August 9th meeting to August 2, 2021. MOTION CARRIED 6-1. Opposed: Michael Lilliquist 3. Approval of Minutes Daniel Hammill / Hollie Huthman moved approval of the October 26, 2020 minutes of the regular City Council meeting as submitted. MOTION CARRIED 6-0. 4. Old/New Business Mayor Fleetwood, announced that his administration has issued a Request for Qualifications for operators that could provide space for supervised, overnight tent encampments for those experiencing homelessness. Submissions are due by December 4, 2020. Details are posted on the website. City of Bellingham Regular City Council Meeting Page 8 of 10 11/9/2020 Minutes  At the next meeting, scheduled for November 23, there will be a full COVID-19 update from the Health Department. Council Member Anderson requested of the Mayor's office, to gather information from the County regarding warming and emergency inclement weather shelters for unsheltered individuals. She was hoping for an update at the next meeting. Executive Session – Report and Action only. 1. Potential Property Acquisition 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. 22811 1. Authorization of Payroll Labor Cost Payments Dated October 1 to October 15, 2020 22812 2. Authorization of A/P Transactions Issued October 16, 2020 Through October 22, 2020 22813 3. Authorization of A/P Transactions Issued October 23, 2020 Through October 29, 2020 22814 4. Authorization of Payment of Employer Contributions and Interest to the Public Employees Retirement System (PERS) for Retroactive Service Credit for City Council Member 22815 5. Interlocal Financial Assistance Agreement 22816 6. Interagency Agreement Between the City of Bellingham and Western Washington University for 2020 Residential Survey 22817 7. Interlocal Agreement Between the City of Bellingham and Whatcom Council of Governments for the Whatcom Smart Trips Program 22818 8. Interagency Agreement with Washington Traffic Safety Commission (WTSC) Daniel Hammill / Michael Lilliquist moved approval of the Consent Agenda in its entirety. City of Bellingham Regular City Council Meeting Page 9 of 10 11/9/2020 Minutes  MOTION CARRIED 7-0. Final Consideration of Ordinances 22025 1. Extension and Renewal of an Ordinance Establishing a Moratorium on Development Applications and Permits Relating to the Redevelopment of the Manufactured Home Parks in Bellingham Hannah Stone / Hollie Huthman 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: Knutson, Stone, Hammill, Vargas, Anderson, Lilliquist, Huthman NAYS: (None) EXCUSED: (None) MOTION CARRIED and was thereafter named Ordinance 2020-11-028. Adjournment There being no further comments, the meeting adjourned at 11:15 PM. Gene Knutson, Council President ATTEST: Elisabeth Oakes, Deputy City Clerk APPROVED: 11/23/2020 City of Bellingham Regular City Council Meeting Page 10 of 10 11/9/2020 Minutes