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City Council - Regular Meeting

Regular Meeting

Bellingham, WA · October 11, 2021

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City of Bellingham City Council Regular Meeting Minutes October 11, 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. The next three City Council public comment sessions will be held at 7:00 PM on October 18, November 1, and November 15. Public comment sessions may be accessed via the following link: https://cob.org/commentzoom 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 Michael Lilliquist, Sixth Ward Council Member Hollie Huthman, At-Large Excused Council Member Lisa Anderson, Fifth Ward Public Hearing 23123 1. A Public Hearing to Consider a Draft Ordinance Amending BMC 7.12 to Reduce Setback Requirements Related to Beekeeping The Bellingham Municipal Code 7.12 currently requires a 50-foot setback from the nearest property line for a beehive. The current setback makes it difficult for lots under 10,000 square feet to meet this requirement. To allow more opportunities for beekeeping, staff recommends a reduced setback of 25 feet from any property line or in some cases, closer than 25 feet if certain requirements are met. City of Bellingham Regular City Council Meeting Page 1 of 7 10/11/2021 Minutes Kim Weil, Planner, provided information on the setbacks for beekeeping and ways to amend Title 7 of the Bellingham Municipal Code that allows more beekeeping on small urban lots. The proposed amendment reduces property line setbacks from fifty feet to twenty-five feet which permits beekeeping on smaller lots with safety measures that include fences or hedges at least 6 feet tall. Council President Stone opened the public hearing. Theodore McFall serves as the current president of Mt. Baker Beekeepers Associations and supports the proposed ordinance and appreciates the effort made to encourage more beekeeping within the City limits. There being no further comments, the public hearing was closed. Daniel Hammill / Michael Lilliquist moved for first and second reading. MOTION CARRIED 6-0-1, Lisa Anderson excused. 23124 2. A Public Hearing to Consider a Request from the Bellingham School District to Amend the Capital Facilities Chapter of the Bellingham Comprehensive Plan The Bellingham School District is seeking an amendment to the Bellingham Comprehensive Plan to add their new six-year capital facilities plan. Coordination between the City and District are required by the State Growth Management Act in order for the District to continue to collect impact fees. Greg Aucutt, Assistant Director, prepared a Capital Facilities Plan, detailing what might be needed for the future. Curtis Lawyer, Capital Project Director, discussed the calculation of the impact fees. He also shared the update to the plan and how the impact fees are based on data and planning analysis. Council President Stone opened the public hearing. Misty Flowers, objects to more money going into the Bellingham School District when parents are pulling their children out of school. Public Comment was taken. There being no further comments, the public hearing was closed. Gene Knutson / Michael Lilliquist moved for first and second reading. City of Bellingham Regular City Council Meeting Page 2 of 7 10/11/2021 Minutes MOTION CARRIED 5-0-2, Lisa Anderson excused, and Dan Hammill recused. 23125 3. A Public Hearing on the 2022 Revenue Projections, Including a One Percent Increase to the Regular Property Tax Levy Forrest Longman, Deputy Finance Director discussed the proposed one percent increase to the regular property tax levy and how it is calculated. Council President Stone opened the public hearing. Ken Domorod asked the Council how they can justify a one-percent tax increase when the proposed budget shows the current revenue has outpaced the forecasted revenues. Paul Schissler shared that new construction is good for the city but it must be affordable new construction. He would like to see more owner-occupied homes within Bellingham. There being no other speakers, the public hearing was closed. This item was for information only. An ordinance for consideration will be coming forward at the November 8, 2021 meeting. Mayor's Report Standing time for briefings, updates and reports to Council by the Mayor, if needed. Information only. Mayor Fleetwood announced that today Bellingham celebrated Coast Salish Day. There were activities and celebrations throughout the community for residents to join either online as a virtual event or in-person. He attended the Lummi Nation's dinner and celebration. 23126 1. Mayor's Appointment of Barbara Ryan to the Mayor's Neighborhood Advisory Commission (Information) The Mayor appointed Barbara Ryan as the Edgemoor Neighborhood Primary Representative to her first term, on the Mayor's Neighborhood Advisory Commission, which will expire on October 5, 2023, at which time she may be reappointed. Information only. Public Comment Report Council President Stone reported that several participants joined at the last Public Comment session that was held on October 4, 2021. A minimum of twenty-one people City of Bellingham Regular City Council Meeting Page 3 of 7 10/11/2021 Minutes joined the session. Minutes that provide a summary of speaker's concerns can be found at www.cob.org/meetings The next scheduled Public Comment session is scheduled for October 18, 2021, at 7:00 PM and can be joined at https://cob.org/commentzoom Council Standing Committee Meetings: Public Works and Natural Resources Michael Lilliquist, Chair Gene Knutson, Lisa Anderson 23127 1. Pipeline Safety Program Presentation by Sean Mayo of the Washington Utilities and Transportation Commission (UTC) Presentation during Committee. Information only. 23026 2. Proposed Ordinance Renewing the Olympic Pipeline Franchise Presentation during Committee. A draft ordinance was reviewed and will be brought forth for first and second reading at a future date. 23128 3. Emergency Repairs of Post Point Generator Controls and Building Roof Discussion during Committee. Michael Lilliquist / Gene Knutson moved final approval of Resolution #2021-27. MOTION CARRIED 6-0-1, Lisa Anderson excused. 22741 4. Surface and Stormwater Comprehensive Plan Overview Discussion during Committee. Information only. Planning Lisa Anderson, Chair Daniel Hammill, Hollie Huthman 23111 1. A Work Session to Consider Amendments to the Comprehensive Plan and Municipal Code for the Residential-Multi Project Presentation during Committee. Hollie Huthman / Daniel Hammill moved for first and second reading. City of Bellingham Regular City Council Meeting Page 4 of 7 10/11/2021 Minutes MOTION CARRIED 5-1-1, Gene Knutson opposed, and Lisa Anderson excused. 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. 23045 1. Review of Initiative 2021-01, Renter Relocation Assistance Discussion during Committee. 23047 2. Review of Initiative 2021-02, Restricting Use of Police Technologies Discussion during Committee. 23048 3. Review of Initiative 2021-03, Neutrality in Labor Campaigns Discussion during Committee. 23049 4. Review of Initiative 2021-04, Fair Treatment of Hourly Wage and Gig Workers Discussion during Committee. 5. A Resolution Opposing Initiative Measures 2021-01 through 2021-04 Council President Stone addressed the initiatives that will be on the General Election ballot in November. During Committee the initiatives and their impact to the City were discussed and directed staff to draft a resolution for consideration that is in opposition to the initiatives. Council President Stone read the resolution in its entirety for the Council's consideration. Hannah Stone / Pinky Vargas moved final approval of Resolution #2021-28. MOTION CARRIED 6-0-1, Lisa Anderson excused. 23129 6. Presentation of 2021-2022 Mid-Biennium Adjustment Presentation during Committee. Information only. City of Bellingham Regular City Council Meeting Page 5 of 7 10/11/2021 Minutes 23130 7. Legal Department Presentation on Public Rights of Way Presentation during Committee. One of three presentations with the other two being presented in Public Works and Natural Resources Committee. Hannah Stone / Michael Lilliquist moved to bring forward a revised street vacation policy to be codified by City Council. MOTION CARRIED 6-0-1, Lisa Anderson excused. 8. Approval of Minutes Gene Knutson / Daniel Hammill moved approval of the September 27, 2021, minutes of the regular City Council meeting as submitted. MOTION CARRIED 6-0-1, Lisa Anderson excused. 9. Old/New Business No items were presented during Old/New business. Executive Session – Report and Action only. Closed to the public. Report in the Regular Meeting only: 1. Litigation: Fox v. City of Bellingham (Good, approx. 5 min) Staff provided information on a litigation matter. Daniel Hammill / Gene Knutson moved to authorize the Mayor to enter into a contract with outside legal counsel to assist the City Attorney's Office in representing the City of Bellingham in this lawsuit. MOTION CARRIED 6-0-1, Lisa Anderson excused. 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. 23131 1. Authorization of Payroll Labor Cost Payments Dated September 01, 2021 to September 15, 2021 23132 2. Authorization of A/P Transactions Issued September 17, 2021 through September 23, 2021 City of Bellingham Regular City Council Meeting Page 6 of 7 10/11/2021 Minutes 23133 3. Authorization of A/P Transactions Issued September 24, 2021 through September 30, 2021 23134 4. Joint Funding Agreement Between the City of Bellingham and US Department of Interior/US Geological Survey for Water Resources Investigation Michael Lilliquist / Hollie Huthman moved approval of the Consent Agenda in its entirety. MOTION CARRIED 6-0-1, Lisa Anderson excused. Final Consideration of Ordinances 23112 1. An Ordinance of the City of Bellingham Amending Bellingham Municipal Code Section 20.15.050.C, to Allow up to Three Renewals of One Year Each for Temporary Tiny House Encampments Provided that Conditions are Met. Michael Lilliquist / 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, Lilliquist, Huthman NAYS: (None) EXCUSED: Anderson MOTION CARRIED and was thereafter named Ordinance 2021-10-039. Adjournment The next Public Comment session will be next Monday, October 18 at 7:00 PM and the next regularly scheduled City Council Meeting will be Monday, October 25, 2021 at 7:00 PM. There being no further business, the meeting adjourned at 9:09 PM. Hannah Stone, Council President ATTEST: Elisabeth Oakes, Deputy City Clerk APPROVED: 10/25/2021 City of Bellingham Regular City Council Meeting Page 7 of 7 10/11/2021 Minutes

Agenda

City of Bellingham City Council Regular Meeting Agenda October 11, 2021, 7:00 PM Mayor Seth Fleetwood Contact: (360) 778-8200, ccmail@cob.org Council Members Hannah Stone, Gene Knutson, Daniel www.cob.org/council Hammill, 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. Council members will participate in this meeting remotely through an online web-based meeting platform. Per Washington State Proclamation 20-28, in-person attendance at meetings is not required at this time. Council meetings are streamed live via the City’s website at meetings.cob.org and on the City’s YouTube channel. Meetings are also broadcast in high definition on BTV on Comcast channel 321, and in standard definition on Comcast channel 10. Members of the public who do not have cable or Internet access may listen to the meeting via telephone. Members of the public who would like to listen by phone can do so using any of the following phone numbers:  (253) 215-8782  (346) 248-7799  (669) 900-6833  (301) 715-8592  (312) 626-6799  (929) 205-6099 Advance Public Hearing testimony, and general Public Comment, can always be presented to the Council:  by mail (210 Lottie Street, Bellingham, WA 98225)  online o for a public hearing: https://cob.org/gov/public/public-hearing-testimony o for general public comment: https://engagebellingham.org/council- publiccomment  by telephone (360-778-8200) Members of the public are also invited to provide live testimony during any Public Hearing. Pre-registration through the sign-up link (https://cob.org/ccsignup) is encouraged but not required. To testify live during the meeting, speakers can join the remote meeting at the following link: https://cob.org/cczoom Meeting ID: 941 9601 5179 Meeting Password: 9 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. The next three City Council public comment sessions will be held at 7:00 PM on October 18, November 1, and November 15. Public comment sessions may be accessed via Zoom at: https://cob.org/commentzoom (Meeting ID: 923 0705 9297 Password: 018602) Roll Call Public Hearing 23123 1. A Public Hearing to Consider a Draft Ordinance Amending BMC 7.12 p. 6 to Reduce Setback Requirements Related to Beekeeping 23124 2. A Public Hearing to Consider a Request from the Bellingham School p. 34 District to Amend the Capital Facilities Chapter of the Bellingham Comprehensive Plan by Reference 23125 3. A Public Hearing on the 2022 Revenue Projections, Including a One p. 112 Percent Increase to the Regular Property Tax Levy Mayor's Report Standing time for briefings, updates and reports to Council by the Mayor, if needed. Information only. 23126 1. Mayor's Appointment of Barbara Ryan to the Mayor's Neighborhood p. 114 Advisory Commission (Information) Public Comment Report Standing time for Council President to provide a report to Council and the Mayor about the prior week's Public Comment Session (https://cob.org/commentmeetings). Information only. 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 notice of Committee Meetings identified below also serves as notice of Special Meetings of the City Council at the times identified as Council Members who are not members of the committee routinely attend and participate in the Committee Meetings. 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 9:00 AM Michael Lilliquist, Chair Gene Knutson, Lisa Anderson 23127 1. Pipeline Safety Program Presentation by Sean Mayo of the p. 116 Washington Utilities and Transportation Commission (UTC) 23026 2. Proposed Ordinance Renewing the Olympic Pipe Line Franchise p. 127 23128 3. Emergency Repairs of Post Point Generator Controls and Building p. 144 Roof 22741 4. Surface and Stormwater Comprehensive Plan Overview p. 147 Planning 10:15 AM Lisa Anderson, Chair Daniel Hammill, Hollie Huthman 23111 1. A Work Session to Consider Amendments to the Comprehensive Plan p. 159 and Municipal Code for the Residential-Multi Project Committee Of The Whole 1:30 PM 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. 23045 1. Review of Initiative 2021-01, Renter Relocation Assistance p. 352 23047 2. Review of Initiative 2021-02, Restricting Use of Police Technologies p. 363 23048 3. Review of Initiative 2021-03, Neutrality in Labor Campaigns p. 374 23049 4. Review of Initiative 2021-04, Fair Treatment of Hourly Wage and Gig p. 384 Workers 23129 5. Presentation of 2021-2022 Mid-Biennium Adjustment p. 403 23130 6. Legal Department Presentation on Public Rights of Way p. 423 7. Approval of Minutes 8. Old/New Business Executive Session 3:30 PM Closed to the public. Report in the Regular Meeting only: 1. Litigation: Fox v. City of Bellingham (Good, approx. 5 min) 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. 23131 1. Authorization of Payroll Labor Cost Payments Dated September 01, p. 445 2021 to September 15, 2021 23132 2. Authorization of A/P Transactions Issued September 17, 2021 through p. 446 September 23, 2021 23133 3. Authorization of A/P Transactions Issued September 24, 2021 through p. 447 September 30, 2021 23134 4. Joint Funding Agreement Between the City of Bellingham and US p. 448 Department of Interior/US Geological Survey for Water Resources Investigation Final Consideration of Ordinances 23112 1. An Ordinance of the City of Bellingham Amending Bellingham p. 455 Municipal Code Section 20.15.050.C, to Allow up to Three Renewals of One Year Each for Temporary Tiny House Encampments Provided that Conditions are Met. 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://meetings.cob.org. A hard copy of the agenda packet is available for review from the reference desk at the Central Library or the Finance office at City Hall. Live Broadcast Information: 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. 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). The meetings are also streamed live on the internet as they occur. Online viewers will see exactly what cable customers would see. The Bellingham Public Library also has DVD’s available for checkout. Video and audio files are available on the Internet at https://meetings.cob.org within 5 business days following each meeting. BTV Council Meeting Rebroadcast 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 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 778-8200 in advance of the meeting. Thank you. Next City Council Meeting Monday, October 25, 2021 Deadline to submit material for any public hearing for inclusion in the published agenda packet is 8:00 a.m. on Wednesday prior to the meeting.

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