City Council - Regular Meeting

City of Bellingham City Council Regular Meeting Minutes July 26, 2021, 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. Deputy City Clerk Elisabeth Oakes 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 7:00 p.m. Announcements & Upcoming Meetings: Bellingham City Council meets all requirements of the State of Washington Open Public Meetings Act. 1. On August 30, 2021 at 7:00 PM there will be a Public Hearing to consider an application from the Parks and Recreation Department for a comprehensive plan amendment to rezone six neighborhood parks from a Residential designation to a Public zoning designation. The rezone proposals include Highland Heights Park, Maplewood/Mcleod Park, Birchwood Park, Cornwall Tot Lot, Ridgemont Park, and Sunnyland Park. 2. On August 30, 2021 at 7:00 PM there will be a Public Hearing to consider a request from City staff to amend the Capital Facilities and Utilities Chapter of the 2016 Bellingham Comprehensive Plan to incorporate the City’s new Surface and Stormwater Comprehensive Plan by reference. 3. On August 30, 2021 at 7:00 PM there will be a Public Hearing to consider two requests to docket amendments to the 2016 Bellingham Comprehensive Plan for review in 2021-2022. The comprehensive plan amendment proposals include: a request to rezone a property located at 2948 James Street in Area 1A of the Sunnyland Neighborhood from Residential, Single to Residential Multi, Multiple/Mixed (offices allowed) (no density), and a rezone request in Area 1 of the Cordata Neighborhood to remove all “Town Center” code references in the Cordata PUD. Roll Call Present: Council President Hannah Stone, First Ward Council Member Gene Knutson, Second Ward Council Member Daniel Hammill, Third Ward City of Bellingham Regular City Council Meeting Page 1 of 8 7/26/2021 Minutes  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 23046 1. Public Hearing for Consideration of Application for Bureau of Justice Grant in the Amount of $24,735 Flo Simon, Police Chief, explained that the Police Department trains on Implicit Bias every three years. A grant from the Bureau of Justice Assistance in the amount of $38,736 was awarded for training to Whatcom County. The joint grant is shared between the Whatcom County Sheriff's Office and the City's portion is $24,735. Funds from the grant will allow the Police Department to contract with the National Training Institute on Race and Equity for training. Council President Stone opened the Public Hearing. No citizens spoke and the Public Hearing was closed. Council Members asked questions. Mayor's Report Standing time for briefings, updates and reports to Council by the Mayor, if needed. Information only. Mayor Fleetwood offered remarks regarding new policing legislation. Local governments and law enforcement agencies are working to implement the new laws. In some cases, new laws rely on agencies, services, or protocols that have not yet been established or funded. In other cases, emergency service providers will respond to calls for law enforcement service but actions upon arrival may look different than in the past. The intentions behind the new requirements are values we, as a community, all share. Transparency, fairness, accountability, safety, and providing the right kind of safety for people need help. Summaries are the legislation, including the most significant thirteen bills, is posted on the City's website. Community members may invite Deputy Almer to give group presentations on the laws. They should still call 9-11 if they need help. They will still receive a response, but tools, may be limited, in some situations. Public Comment Period Public Comment Period is suspended for the time being. City of Bellingham Regular City Council Meeting Page 2 of 8 7/26/2021 Minutes Council Standing Committee Meetings: Public Works and Natural Resources Michael Lilliquist, Chair Gene Knutson, Lisa Anderson 23059 1. Proposed Ordinance Renewing the Cascade Natural Gas Franchise Discussion during Committee. Staff introduced a draft ordinance that renews the Cascade Natural Gas franchise agreement. The current franchise expires in September 2021. Staff have been in discussions with Cascade Natural Gas and the Pipeline Safety Trust to develop a franchise renewal ordinance. The ordinance will be brought back for consideration at the next Council Meeting scheduled for August 2 when it is expected to be presented for first and second reading. 23060 2. Post Point Resource Recovery Project Update, Project Status and Contaminants of Concern Discussion Presentation during Committee. Michael Lilliquist / Gene Knutson moved to request staff to conduct testing of PFAS in our current water system and in treated biosolids by established procedures. MOTION CARRIED 7-0. Michael Lilliquist / Gene Knutson directed staff to conduct further testing for a list of compounds that were outlined in a letter from Re-Sources and the Sierra Club. Those testing procedures are not yet established so staff will return to Council with more information. MOTION CARRIED 7-0. Planning Lisa Anderson, Chair Daniel Hammill, Hollie Huthman 23061 1. Report on the Status of the City's Accessory Dwelling Unit Ordinance Discussion during Committee. The Council was asked to provide direction to staff to bring back a draft ordinance with a range of amendment options intended to improve ADU standards, permitting process, affordability, and consistency with state legislation. Lisa Anderson / Dan Hammill moved to direct the Planning Commission to consider changes to the ordinance that would direct staff to draft an ordinance that changes the type 2 process to type 1 process. City of Bellingham Regular City Council Meeting Page 3 of 8 7/26/2021 Minutes  MOTION CARRIED 5-2, Lisa Anderson and Gene Knutson opposed. Lisa Anderson / Dan Hammill moved to direct the Planning Commission to consider changes that would remove the owner occupancy requirements and bring up the AMI (Area Median Income) to 80% in the ordinance. MOTION CARRIED 6-1, Gene Knutson opposed. Lisa Anderson / Dan Hammill moved to direct the Planning Commission to consider changes that would remove the parking requirements and encourage development of a parking stall if possible. MOTION CARRIED 5-2, Gene Knutson and Lisa Anderson opposed. Lisa Anderson / Dan Hammill moved to direct the Planning Commission to consider changes to the park impact fees that are assessed at one-half the multi-family rate to one quarter and include the transportation impact fees are assessed at a reduced rate in the ordinance. MOTION CARRIED 5-2, Gene Knutson and Lisa Anderson opposed. Lisa Anderson / Dan Hammill moved to direct the Planning Commission to consider changes to an ordinance that would increase the ADU height construction to go as high as 25 feet. MOTION CARRIED 5-2, Gene Knutson and Lisa Anderson opposed. Lisa Anderson / Dan Hammill moved to direct staff to submit to the Planning Commission an idea and possibility to adopt a preapproved plan based on size of lot development that would reduce cost of the development. MOTION CARRIED 7-0. Parks and Recreation Gene Knutson, Chair Pinky Vargas, Lisa Anderson 23062 1. Resolution for Emergency Traffic and Parking Control Services at Bloedel Donovan Park Gene Knutson / Hollie Huthman moved final approval of Resolution #2021-17. MOTION CARRIED 7-0. Committee of the Whole Hannah Stone, Chair Gene Knutson, Daniel Hammill, Pinky Vargas, Lisa Anderson, Michael Lilliquist, Hollie Huthman City of Bellingham Regular City Council Meeting Page 4 of 8 7/26/2021 Minutes 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. 23063 1. City Council Appointment of an Alternate Mayor Pro Tempore for August 18- 25, 2021 Hannah Stone / Pinky Vargas moved to appoint Gene Knutson as the Mayor Pro Tempore for the week of August 18 - August 25, 2021. MOTION CARRIED 7-0. 23064 2. Discussion of Council Feedback on Proposed Opiate Treatment Facility Discussion during Committee. Hannah Stone / Lisa Anderson moved to support the new proposed opiate treatment facility as recommended by the Health Department. MOTION CARRIED 7-0. 23051 3. Update From the City Attorney's Office Regarding Potential Modifications to the Timeline for Initiative Petitions Hannah Stone/ Gene Knutson moved to direct staff to bring forth an ordinance for consideration that would amend the timeline at which the date of the initiative is due and provide Council time to review. MOTION CARRIED 7-0. Hannah Stone / Hollie Huthman moved to approve the Pro statement committee members as the initiative sponsors. MOTION CARRIED 7-0. The "CON" statement committee members still need to be identified. Council directed coordination between the Communication Director and the Deputy City Clerk to work to advertise the need for members to serve as writers on the "CON" statement committee for the voters' pamphlet. 22013 4. Incarceration Prevention and Reduction Task Force Annual Report Presentation during Committee. Information only. 5. Approval of Minutes Michael Lilliquist / Gene Knutson moved approval of the July 12, 2021, minutes of the regular City Council meeting as submitted. MOTION CARRIED 5-0-2, Dan Hammill and Pinky Vargas abstained. City of Bellingham Regular City Council Meeting Page 5 of 8 7/26/2021 Minutes  6. Old/New Business Michael Lilliquist brought forth three items: Michael Lilliquist / Lisa Anderson moved to request the City administration, along with the Police leadership, to develop a written document, providing information describing current practices and policies regarding the City's non-use of facial recognition software, as well as the Police department's concern with such technology issues and policies they seem related to. MOTION CARRIED 7-0. Michael Lilliquist / Lisa Anderson moved to direct staff to provide an alternative to the initiative concerning gig workers and strike section 10 of the initiative. MOTION FAILED 1-6, Dan Hammill, Gene Knutson, Pinky Vargas, Lisa Anderson, Hollie Huthman, and Hannah Stone opposed. Michael Lilliquist / Lisa Anderson moved to draft an alternative initiative concerning the neutrality in labor campaigns that would differ solely by amending the definition for "city funds" and the definition for "received funds" to restrict to say simply, "contracted services." MOTION FAILED 2-5, Dan Hammill, Gene Knutson, Pinky Vargas, Hollie Huthman, and Hannah Stone opposed. During Committee, the Council voted to direct the Legislative Assistant to finish a draft of a letter for Council's review to both the State Attorney General's office as well as the State elected officials to request a delay in implementation of the recently passed HS 1310 until the Attorney General's guidelines become available. Council President Stone explained that YouTube took down the City's meeting of July 12, 2021, due to their guidelines being violated. She shared the City's webpage has a statement posted that addresses the incident. Because of this, she made the difficult decision to suspend the Public Comment period. In Washington State, the Public Comment period is not a requirement, but a courtesy provided to the community for feedback. Community members may still contact elected officials by emailing, calling, or utilizing the Engage Bellingham portal at http://engagebellingham.org Executive Session – Report and Action only. 1. Potential Litigation Staff provided information on a potential litigation matter. For information and discussion. No action taken. 2. Litigation: Lev v. City of Bellingham City of Bellingham Regular City Council Meeting Page 6 of 8 7/26/2021 Minutes  Special counsel 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. 23065 1. Interlocal Agreement with the Whatcom County Conservation District to Administer Bellingham's Homeowner Incentive Program in the Lake Whatcom Watershed 23066 2. Authorization of A/P Transactions Issued June 18, 2021 through June 24, 2021 23067 3. Authorization of Payroll Labor Cost Payments Dated June 16, 2021 to June 30, 2021 Gene Knutson / Hollie Huthman moved approval of the Consent Agenda in its entirety. MOTION CARRIED 7-0. Final Consideration of Ordinances 22834 1. An Ordinance Relating to the Vacation of the Full Width of Douglas Avenue Abutting Lot 19, Block 8, Lysle’s 1st Add to Fairhaven and Lot 2, Block 101, Fairhaven Land Company’s 1st Add to Fairhaven, Within the City of Bellingham Daniel Hammill / 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: Stone, Hammill, Vargas, Lilliquist, Huthman NAYS: Knutson, Anderson EXCUSED: (None) MOTION CARRIED and was thereafter named Ordinance 2021-07-030. 23041 2. An Ordinance Amending the 2021-2022 Biennial Budget Increasing Expenditures and Adding Two Positions for Utility Billing Pinky Vargas / Gene Knutson moved approval for third and final reading. Upon motion, said bill was placed on final passage and approved by the following roll call vote: City of Bellingham Regular City Council Meeting Page 7 of 8 7/26/2021 Minutes  AYES: Stone, Knutson, Hammill, Vargas, Anderson, Lilliquist, Huthman NAYS: (None) EXCUSED: (None) MOTION CARRIED and was thereafter named Ordinance 2021-07-031. Adjournment There being no further business, the meeting adjourned at 8:25 PM. Hannah Stone, Council President ATTEST: Elisabeth Oakes, Deputy City Clerk APPROVED: 8/2/2021 City of Bellingham Regular City Council Meeting Page 8 of 8 7/26/2021 Minutes