City Council - Regular Meeting

City of Bellingham City Council Regular Meeting Minutes September 27, 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 October 11, 2021 at 7:00 PM there will be a Public Hearing to consider a draft ordinance amending Title 7 of the Bellingham Municipal Code to revise setback requirements for beekeeping. 2. On October 11, 2021 at 7:00 PM there will be a Public Hearing to consider a request from the Bellingham School District to amend the Capital Facilities and Utilities Chapter of the 2016 Bellingham Comprehensive Plan to incorporate the District’s new Capital Facility Plan by Reference. 3. On October 11, 2021, at 7:00 PM there will be a public hearing to consider the City of Bellingham’s 2022 Revenue Forecast Including Property Tax Levy. Roll Call Present: Council President Hannah Stone, First Ward Council Member Gene Knutson, Second 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 City of Bellingham Regular City Council Meeting Page 1 of 9 9/27/2021 Minutes Public Hearing 22599 1. Public Hearing on an Emergency Ordinance Renewing and Extending a Moratorium on the Processing of Applications for Detached Single-Family Development in Multi-Family Zones On March 9, 2020, the City Council adopted an emergency one-year moratorium ordinance, which was extended on March 8, 2021, and August 30, 2021, that prohibits the acceptance or processing of any application for new single-family development in a multi-family zoned area. State law (RCW 36.70A.390) requires the City Council hold a Public Hearing on an emergency ordinance within 60-days of passage. The moratorium ensures land designated for multi-family development will be preserved and utilized at appropriate densities while new regulations are being considered. Kurt Nabbefeld, Development Service Manager, asked Council to provide direction. At the conclusion of the public testimony, Council can take no action and keep the moratorium in place or vote to rescind or modify the moratorium. Staff recommends that Council keep the moratorium in place. Council President Stone opened the Public Hearing. Dr. Nabil Kamel shared his experience and research around the discussion of housing and planning in urban and suburban development. In his opinion, the policy to create more housing is not a guarantee to drive down the high cost of the real estate. Data shows that the current high cost of housing has continued to climb despite the increase in new housing units. Other variables contribute to high housing costs, such as living wage jobs. There being no further comments, the public hearing was closed. Council Member Knutson asked how long the moratorium could be extended. Kurt Nabbefeld answered that it is written for six months, but staff is hoping to have this project complete by the end of the year. 23111 2. A Public Hearing to Consider Amendments to the Comprehensive Plan and Municipal Code for the Residential-Multi Project In 2019, the City Council directed staff to pursue strategies to facilitate intended densities in Residential Multi (RM) Zones. This project includes changes to the Bellingham Municipal Code and a number of neighborhood plans. Staff has completed the analysis of these zones and identified changes necessary to achieve intended densities and potentially increase the supply of small-scale housing types. The Planning City of Bellingham Regular City Council Meeting Page 2 of 9 9/27/2021 Minutes  Commission has completed their review process and in June voted 7-0 to recommend approval of the changes. Greg Aucutt, Assistant Planning and Community Development Director explained that the Planning Department had three objectives when they started the project over a year ago. They were to achieve intended densities in RM zones, implement Comprehensive Plan goals for housing options, compact growth and climate action, and to simplify the RM zoning code. After the public hearing, staff's expectation is that Council would assign the matter to the Planning Committee and identify areas that staff should spend time on and issues to be discussed during a work session or questions that staff can make note of to address during the session. Staff provided a detailed presentation on goals of the project. Council President Stone opened the public hearing. Ralph Black supports the minimum density provision within the draft ordinance. However, he has concerns about the 25% Rule listed in Section 9, and objects to one housing forms over another. Allow the provider to achieve the goal. In Section 12, the 50% Rule on multi-phase projects, he feels there are a whole series of issues with this and would like to discuss at the committee level. Bill Geyer provided historical context on multi-family zones, stating that in the past the only way to fill those zones was with small lot, single family homes. He raised the issue of the two-year timeline requirement listed in the In-Fill Tool Kit and how it limits design and development. Such a short timeline inhibits development and should be taken into account. Lastly, he supports the density range concept but with the 25% limitation there will be less acreage available for single-family homes. He asked that Council take the lead to change the zoning in the RM 2000 zones otherwise those areas will remain undeveloped. Derek Long with the Whatcom Housing Alliance expressed that the Alliance supports the range zoning concept and feels it provides a lot of predictability and flexibility. Supports the minimum density recommendations. He also is excited about the deadline at the end of the year for this project. Dan Dunne with the Building Industry Association of Whatcom County looks forward to work sessions to work out details of the proposed ordinance. The BIAW supports more housing but has some concerns about gross vs. net on land area with acreage encumbered by critical areas, stating that it should be looked at as net area rather than gross area. Would also like to be able to achieve density requirements with single-family homes. City of Bellingham Regular City Council Meeting Page 3 of 9 9/27/2021 Minutes  Mary Lou recognized that each neighborhood is different and feels that residents have not been informed of the planning direction the City is moving towards. Dr. Nabil Kamel pointed out that the multi-family zone map needs another review for consideration of whether the City needs a blanket moratorium on single-family development or a more targeted approach that addresses neighborhood by neighborhood the qualities of the multi-family infill that can be implemented today. Paul Schissler wonders if any of these changes will result in homes that are market priced. The current inventory has more market priced homes than people who can afford them. Robert Lee serves as the Executive Officer of the BIAWC, provided public comment in the agenda packet. Their Government Affairs Committee requested that staff define entitlement steps in the RM zones with a particular focus on the time required for overlapping permits. There being no further comments, the public hearing was closed. Council Members asked questions. Michael Lilliquist / Gene Knutson moved to direct the project to the Planning Committee for a work session and discussion. MOTION CARRIED 7-0. 23112 3. A Public Hearing to Consider Amendments to Bellingham Municipal Code Chapter 20.15, Temporary Shelters for People Experiencing Homelessness The proposed revisions would allow for up to three one-year renewals beyond the currently allowed maximum of two years at any one shelter site. The ordinance establishes a process and criteria to evaluate renewal requests. Renewals would be evaluated based on proposed criteria contained in the ordinance. The Planning Commission has completed their review and in June voted 6-0 to recommend approval of the proposed amendments. Kurt Nabbefeld, Development Services Manager, explained the amendments of the ordinance. Council President Stone opened the public hearing. Melissa Bird serves as Founder of Road to Home and is currently partnering with the City to build the Garden View Tiny Home encampment, a temporary shelter village. She encouraged City Council to vote in favor of the amendment to the ordinance City of Bellingham Regular City Council Meeting Page 4 of 9 9/27/2021 Minutes  because it allows the tiny home village to extend past two years. The infrastructure that has been invested in, has been timely and costly. She hopes the Council will support the amendment to the ordinance. There being no further comments, the public hearing was closed. Gene Knutson / Hollie Huthman moved for first and second reading. MOTION CARRIED 7-0. Mayor's Report Standing time for briefings, updates and reports to Council by the Mayor, if needed. Information only. 23114 1. Mayor's Appointment of Raymond Dellecker to the Parks & Recreation Advisory Board (Information) The Mayor appoints Raymond Dellecker to serve his first partial term on the Parks and Recreation Advisory Board, which will expire on April 4, 2023, at which time he may be reappointed. 23115 2. Mayor's Appointments to the Community Development Advisory Board (Information) The Mayor appoints Suneeta Eisenbert to serve her first term on the Community Development Advisory Board, which will expire on September 10, 2024, at which time she may be reappointed. The Mayor appoints Christopher Pasquale to serve his first term on the Community Development Advisory Board, which will expire on October 1, 2024, at which time he may be reappointed. 23113 3. Mayor's Reappointment of Ryan Van Straten to the Design Review Board (Approval) Gene Knutson / Daniel Hammill moved to approve the Mayor's reappointment of Ryan Van Straten to his first full term on the Design Review Board, which will expire on October 14, 2025, at which time he may be reappointed. MOTION CARRIED 7-0. The Mayor announced that the City of Bellingham recognizes that October 11, 2021, is Coast Salish Day and will be partnering with local educational institutions to promote a virtual Indigenous People's Day event. The event is scheduled from 11:00 - 1:00 PM on City of Bellingham Regular City Council Meeting Page 5 of 9 9/27/2021 Minutes  October 11, 2021 and the regularly scheduled Council Committee Meeting times will be adjusted to allow the opportunity for council members to attend the event. Livestream details on the event will be published this week on the City's website. As requested by Council Member Pinky Vargas, the Mayor asked Kurt Nabbefeld, to provide information on Northwest Youth Services PAD project, which is proposed on 36th Street. Kurt explained that Northwest Youth Services had applied to construct a small interim housing unit. After the necessary review process was completed, a permit was issued last week for the facility. Council Standing Committee Meetings: Public Works and Natural Resources Michael Lilliquist, Chair Gene Knutson, Lisa Anderson 23087 1. Lake Whatcom Total Maximum Daily Load (TMDL) Update - Part 2: Monitoring and Modeling Presentation during Committee. The second in a series of presentations that focused on water quality monitoring, modeling, and how those efforts are used to inform and collect data that shapes the management of the lake. Information only. Committee of the Whole Hannah Stone, Chair Gene Knutson, 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. 23116 1. Opportunity Council Presentation on Local Federal Assistance Presentation during Committee. Representatives from the Opportunity Council provided information to Council on how the current and future federal assistance programs can fund local rent and utility assistance. Information only. 23003 2. American Rescue Plan Act Update Proposed strategies were presented by staff during Committee. City of Bellingham Regular City Council Meeting Page 6 of 9 9/27/2021 Minutes  Hannah Stone / Gene Knutson moved to "bucket" three areas of funding focus. Those areas include housing and food security in homelessness, economic recovery with an emphasis on tourism and childcare, and climate resiliency and carbon reduction. The motion also included approving the priority and funding "buckets" as well as the iterative approval process. MOTION CARRIED 7-0. 22972 3. Update on Process to Create a County-Wide Racial Equity Commission Presentation during Committee. Representatives from the Chuckanut Health Foundation provided an update on process to create a County-Wide Racial Equity Commission. Information only. 23117 4. A Resolution Affirming that Racism is a Public Health Crisis Hannah Stone / Daniel Hammill moved final approval of Resolution #2021-26. MOTION CARRIED 7-0. 5. Approval of Minutes Daniel Hammill / Hollie Huthman moved approval of the September 13, 2021 minutes of the regular City Council meeting as submitted. MOTION CARRIED 6-0-1, Gene Knutson abstained. 6. Old/New Business Council President Stone highlighted that BTV won several awards for their excellence in production of videos. The awards were in several categories and given from the National Association of Telecommunications Officers and Advisors. She also provided an update from last Monday's Public Comment session where she was joined by Council Members Lilliquist and Huthman. There was a minimum of 46 attendees and 21 of those attendees addressed Council. There are minutes that provide a brief synopsis of topics discussed and can be found under www.cob.org/meetings City of Bellingham Regular City Council Meeting Page 7 of 9 9/27/2021 Minutes Executive Session – Report and Action only. 1. Labor Relations: Discuss Collective Bargaining Strategy (Monahan, approx. 10 min) Staff provided information on a labor relations matter. For information and discussion. No action taken. 2. Litigation: Lev v. City of Bellingham (DiJulio, approx. 60 min) Special counsel provided information on a litigation matter. Gene Knutson / Daniel Hammill moved to ratify and confirm the mediated settlement between the City of Bellingham and Judge Debra Lev, and to authorize the Mayor and the City's legal counsel to execute all necessary documents and to take such action to implement the settlement; and, for other appropriate City officials to take such further action as may be necessary or desirable to effectuate the provisions of this motion and the settlement. MOTION CARRIED 7-0. Details of the settlement can be found at: https://www.cob.org/court or https://www.cob.org/mayor 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. 23118 1. Bid Award for Indefinite Delivery, Indefinite Quantity (IDIQ) Communication Equipment Repair Services, BID #28B-2021 23119 2. Authorization of Payroll Labor Cost Payments Dated August 16, 2021 to August 31, 2021 23120 3. Authorization of A/P Transactions Issued August 27, 2021 through September 02, 2021 23121 4. Authorization of A/P Transactions Issued September 03, 2021 through September 09, 2021 City of Bellingham Regular City Council Meeting Page 8 of 9 9/27/2021 Minutes 23122 5. Authorization of A/P Transactions Issued September 03, 2021 through September 16, 2021 Gene Knutson / Daniel Hammill moved approval of the Consent Agenda in its entirety. MOTION CARRIED 7-0. Final Consideration of Ordinances 23092 1. Proposed Ordinance Accepting Donation of Hillside Estates Stormwater Facility Hannah Stone / 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: AYES: Stone, Knutson, Hammill, Vargas, Anderson, Lilliquist, Huthman NAYS: (None) EXCUSED: (None) MOTION CARRIED and was thereafter named Ordinance 2021-09-038. Adjournment The next Public Comment session will be next Monday, October 4, 2021, and the next regular City Council meeting will be held Monday, October 11, 2021, both at 7:00 PM. There being no further business, the meeting adjourned at 9:12 PM. Hannah Stone, Council President ATTEST: Elisabeth Oakes, Deputy City Clerk APPROVED: 10/11/2021 City of Bellingham Regular City Council Meeting Page 9 of 9 9/27/2021 Minutes