City Council - Regular Meeting

City of Bellingham City Council Regular Meeting Minutes October 30, 2023, 7:00 PM Mayor: Seth Fleetwood 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 Kristina Michele Martens Call to Order The City Council Regular meeting was called to order by Council President Lilliquist at 7pm. Announcements & Upcoming Meetings: Bellingham City Council meets all requirements of the State of Washington Open Public Meetings Act. 1. On November 6, the Council will hold a Public Hearing to take comment on the Proposed 2023-2024 Biennial Budget Adjustment. The proposed adjustment has been filed with the City Clerk and is available to view online at: https://www.cob.org/gov/budget. Roll Call Present: Council President Michael Lilliquist, Sixth Ward Council Member Hannah Stone, First Ward Council Member Hollie Huthman, Second Ward Council Member Daniel Hammill, Third Ward Council Member Edwin H. "Skip" Williams, Fourth Ward Council Member Lisa Anderson, Fifth Ward Council Member Kristina Michele Martens, At Large Public Hearing 23903 1. A Public Hearing on the 2024 Revenue Projections, Including a One Percent Increase p. 5 to the Regular Property Tax Levy Andy Asbjornsen, Finance Director, and Forrest Longman, Deputy Finance Director, provided an overview of the anticipated 2024 revenue forecast. RCW 84.55.120 requires a public hearing on "revenue sources for the [taxing] district's following year's current expense budget. The administration is proposing to increase property taxes by the statutorily allowed one percent for 2024. The ordinance setting the 2024 property tax levy must be passed by the end of November to take effect for 2024. President Lilliquist opened the Public Hearing. Two individuals provided testimony. President Lilliquist closed the Public Hearing. City of Bellingham Regular City Council Meeting Page 1 of 7 10/30/2023 Minutes Mayor's Report Standing time for briefings, updates, and reports to Council by the Mayor. 23904 1. Mayor's Reappointments to the Parks and Recreation Advisory Board (Information) p. 11 Mayor Fleetwood reappointed Jed Holmes to his first full term on the Parks and Recreation Advisory Board, which will expire on November 25, 2026, at which time he may be reappointed. Mayor Fleetwood appointed Jeannie Gilbert to her final term on the Parks and Recreation Advisory Board, which will expire on October 21, 2026. 23905 2. Mayor's Appointment to the Mayor's Neighborhood Advisory Commission p. 17 (Information) Mayor Fleetwood appointed Gabrielle Laipenieks as the Student Representative for WWU on the Neighborhood Advisory Commission to her first term, which will expire on October 17, 2025. 23906 3. Mayor's Reappointment to the Community Development Advisory Board p. 20 (Information) Mayor Fleetwood reappointed Jonathan Scanlon to his first full term on the Community Development Advisory Board, which will expire on November 1, 2026, at which time he may be reappointed. 23907 4. Mayor's Appointment to the Tourism Commission (Information) p. 24 Mayor Fleetwood appointed Nick Kelly to his first partial term on the Tourism Commission, which will expire on December 31, 2023, at which time he may be reappointed. 23908 5. Mayor's Appointment to the Design Review Board (Approval) p. 28 Mayor Fleetwood appointed Coby Jones to his first term on the Design Review Board, which will expire on October 30, 2027, at which time he may be reappointed. Hollie Huthman / Edwin H. "Skip" Williams moved to recommend approval of Coby Jones to his first term on the Design Review Board, which will expire on October 30, 2027, at which time he may be reappointed. MOTION CARRIED 7-0. Mayor Fleetwood highlighted a recent City event, the Make a Difference Work Day on October 27th at Whatcom Falls Park. Over 190 volunteers planted over 370 native trees and shrubs and removed 12 cubic yards of invasive plants. Mayor Fleetwood stated that nominations for the Mayor's Art Awards are open. More information and how to apply can be found online. City of Bellingham Regular City Council Meeting Page 2 of 7 10/30/2023 Minutes Regular Meeting and Committee Sessions The following are heard in both Committee sessions and Regular Meeting in order below: Council Standing Committee Meetings: Planning 1:00 PM Lisa Anderson, Chair Daniel Hammill, Edwin H. "Skip" Williams 23909 1. Adoption of an Ordinance Amending the Fees for the Rental Registration and Safety p. 31 Inspection Program Blake Lyon, Planning and Community Development Director, presented the draft ordinance which amends rental registration and safety inspection program fees. In 2015, the City Council created the Rental Registration and Safety Inspection Program to protect the public health, safety, and welfare of tenants by encouraging the proper maintenance of rental housing. The draft ordinance will increase fees to support additional resources for the rental safety inspection program. Council members discussed and asked questions regarding the ordinance. Lisa Anderson / Edwin H. "Skip" Williams moved for first and second reading. MOTION CARRIED 7-0. Committee Of The Whole 1:30 PM Michael Lilliquist Chair Hannah Stone, Hollie Huthman, Daniel Hammill, Edwin H. "Skip" Williams, Lisa Anderson, Kristina Michele Martens 23910 1. Hearing Examiner Annual Report p. 41 Sharon Rice, Hearing Examiner, provided her annual report to the City Council. She highlighted a few potential areas of interest for the Council including:  Whether notice postings for Public Works variances to impacted properties aligns with legislative intent. Currently, impacted individuals are notified but the yellow notice sign is not posted at the property.  Who has the authority to waive appeal fees in cases of indigence.  Whether 50-foot buffers are required from the edges of erosion hazards as well as landslide hazards. Public Works staff will review the case for fee waivers. The Planning Department has added the erosion and landslide hazard code for future review. During Committee, Council directed staff to review postings for Public Work variances. City of Bellingham Regular City Council Meeting Page 3 of 7 10/30/2023 Minutes 23911 2. Budget Work Session for the Parks and Recreation Department and the Planning and p. 47 Community Development Department Nicole Oliver, Parks and Recreation Director, presented a high-level summary of the mid-biennium adjustments for the Parks and Recreation Department including:  Add new positions in Greenways, including a Community Garden Coordinator, Construction Inspector, and Parks Technician.  Increase Greenways budget and planning.  Correct various improperly funded or allocated positions. Council members discussed and asked questions on the modifications. Blake Lyon, Planning and Community Development Director, presented a high-level summary of the mid-biennium adjustments for the Planning and Community Development Department including:  Rental registration staffing and fee structure changes.  Graffiti abatement.  Increase contract with Downtown Bellingham Partnership.  Comprehensive Plan Funding.  Funding behavioral health position at the library. Council members discussed and asked questions on the modifications. 23912 3. Approval of the 10/16/2023 City Council Committee and Regular Meeting Minutes p. 48 Daniel Hammill / Hannah Stone moved approval of the October 16, 2023 minutes of the regular City Council meeting with a revision under AB 23878 Bid Award for Indefinite Delivery, Indefinite Quantity Pavement Chip Seal Services, Bid No. 43B-2023 from“… but the two bids received were three to four above the budgeted amount” to “three to four times above the budgeted amount”. MOTION CARRIED 7-0. 4. Old/New Business Council Member Martens introduced a new ordinance to establish remedies and actions for owners and/or operators of Bellingham rental units found out of compliance with Washington State warranty of habitability standards and international property maintenance code. Council members and staff discussed the proposed ordinance. Lisa Anderson / Michael Lilliquist moved to request the administration to review the draft ordinance and return with feedback to Council as soon as convenient. MOTION CARRIED 7-0. Council Member Hammill requested that the topic of City rental inspections, specifically how the inspection fail rate is significantly lower with the utilization of private inspectors compared with City City of Bellingham Regular City Council Meeting Page 4 of 7 10/30/2023 Minutes  inspectors, be added to the City's legislative agenda. The administration plans to discuss the City's legislative agenda as a whole with Council by December. Council Member Anderson expressed support for charging B&O Taxes for rental property owners. Lisa Anderson / Kristina Michele Martens moved to request the administration provide an assessment on the City's technical and legal ability to charge a B&O Tax on residental rental property owners by the first quarter of 2024. MOTION CARRIED 7-0. Council Member Anderson requested research on food security availability for community members and any possible gaps. City Council staff will work in connection with the administration on this topic. Council Member Williams shared an update from the Multi-Agency Coordination Group’s Policy and Advocacy Subcommittee. The recent meeting focused on conducting a service gap analysis, state funding options for various programs, draft legislative priorities, and a request from the Lummi Nation for a declaration of opioid emergency by all governing bodies. Executive Session 2:30 PM Closed to the public. Report in the Regular Meeting only: 1. Potential Property Acquisition (Marriner, approx 15 min) Staff provided information on a potential property acquisition. For information and discussion. No action taken. 2. Potential Property Acquisition (Stamps, approx 3 min) Staff provided information on a potential Lake Whatcom Watershed property acquisition totaling 6.06 acres with one potential development unit. Edwin H. "Skip" Williams / Hollie Huthman moved to authorize the Mayor to close the real estate transaction described in the City’s executed purchase and sale agreement with the property owners, Robert and Lonnie Nielsen, with a purchase price of $230,000 and with closing to occur on or around November 9, 2023. MOTION CARRIED 7-0. 3. Potential Property Acquisition (Stamps, approx 3 min) Staff provided information on a potential Lake Whatcom Watershed property acquisition totaling 104.95 acres with five potential development units. City of Bellingham Regular City Council Meeting Page 5 of 7 10/30/2023 Minutes  Lisa Anderson / Hollie Huthman moved to authorize the Mayor to close the real estate transaction described in the City’s executed purchase and sale agreement with the property owner, Nielsen Brothers, Inc., with a purchase price of $1,347,000 and with closing to occur on or around November 9, 2023. MOTION CARRIED 7-0. 4. Potential Property Acquisition (Stamps, approx 3 min) Staff provided information on a potential Lake Whatcom Watershed property acquisition totaling 2.68 acres with one potential development unit. Edwin H. "Skip" Williams / Lisa Anderson moved to authorize the Mayor to close the real estate transaction described in the City’s executed purchase and sale agreement with the property owner, Timberline Logging, Inc., with a purchase price of $138,000 and with closing to occur on or around November 9, 2023 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. 23913 1. Authorization of A/P Transactions Issued October 06, 2023 through October 12, 2023 p. 68 23914 2. Authorization of A/P Transactions Issued October 13, 2023 through October 19, 2023 p. 69 Daniel Hammill / Edwin H. "Skip" Williams moved approval of the Consent Agenda in its entirety. MOTION CARRIED 7-0. Final Consideration of Ordinances 23891 1. An Ordinance Amending the 2023-2024 Biennial Budget - Amendment No. 9 p. 70 Hannah Stone / Daniel Hammill 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: Lilliquist, Stone, Huthman, Hammill, Williams, Anderson, Martens NAYS: (None) EXCUSED: (None) MOTION CARRIED 7-0 and was thereafter named Ordinance #2023-10-030. Public Comment Period City Council heard public comment from 20 individuals. City of Bellingham Regular City Council Meeting Page 6 of 7 10/30/2023 Minutes  To access the recording, visit the Public Comment Period Recordings page. Adjournment There being no further business, the meeting adjourned at 9:23pm. Michael Lilliquist, Council President ATTEST: Kelley Goetz, Deputy City Clerk APPROVED: 11/20/2023 City of Bellingham Regular City Council Meeting Page 7 of 7 10/30/2023 Minutes