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City Council - Regular Meeting

Regular Meeting

Bellingham, WA · November 10, 2014

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Minutes

City of Bellingham City Council Regular Meeting Minutes 11/10/2014, 7:00 PM Mayor Kelli Linville Contact: (360) 778-8200, ccmail@cob.org Council Members Jack Weiss, Gene Knutson, Cathy www.cob.org/council Lehman, Pinky Vargas, Terry Bornemann, Michael Lilliquist All meetings are held in the City Hall Council Chambers at and Roxanne Murphy 210 Lottie Street, Bellingham, WA unless otherwise noted. Call to Order Announcements & Upcoming Meetings: 1. Bellingham City Council meets all requirements of the State of Washington Open Public Meetings Act. 2. There will be a Public Hearing on the Final 2015-2016 Biennial Budget on Monday, November 24th at 7:00 PM here in Council Chambers. 3. There will be a Public Hearing on the Dissolution of the Bellingham Public Development Authority on Monday, December 8th at 7:00 PM here in Council Chambers. Pledge of Allegiance Led by Council President Cathy Lehman Roll Call Terry Bornemann excused. 15-Minute Public Comment Period Steve Crooks - Spoke in favor of the Cordata Community Garden. Wants to retain use of community garden as long as possible. There are 50 raised beds leased to community members who feed their families and donate to the Food Bank. Over $30,000 of neighbors' money has been invested in the project. Darcy Jones - Represented Larrabee Springs. Needs clarification on sequencing of development. Would like to continue to construct Klein Road to the west and build houses to the west, and not yet to the east as City staff has asked. 1 Bob Carmichael - Attorney for Larrabee Springs. Feels that this is a timing issue; does not want to build a road until after the City goes through the planning process. Joseph McDonald - Spoke about his concern about aggressive, unleashed dogs and their aggressive owners. He said that animal control is not responding to him. Ken Holmes - Spoke against Rental Registration. Ellyn Lee - Spoke about her safety concerns about Downtown businesses encroaching onto the sidewalks. Also concerned about homeowners' shrubbery encroachment. Was surprised that the City's code enforcement does not do proactive patrols about this. Beverly Jacobs - Spoke in favor of keeping the community garden for as long as possible. Also in favor of Cordata having a public library branch. Juliana Guy - Asked Council to please negotiate so Cordata can keep its community garden. Gwen McEwen - Spoke in favor of keeping the garden because of the positive benefits on the neighborhood and community-building, including donated vegetables and flowers. Sharon Qelfrey - Read a letter from Domestic Violence & Sexual Assault Services (DVSAS) expressing gratitude and support for the garden. Paul Schissler - Spoke in favor of community gardens. Expressed support for the Council's decision to fund the Homeless Outreach Team through the Home Fund to help people get off the street now. He said that the City can do this and build new affordable housing. Mayor Linville - Addressed the community garden issue. She will seek out more information about the situation and keep the Cordata neighbors apprised of what she learns. Council Standing Committee Meetings: Finance and Personnel 20622 1. An Ordinance approving the advance refunding of the outstanding 2005 Limited Tax General Obligation Bonds AN ORDINANCE OF THE CITY OF BELLINGHAM, WASHINGTON, 2 PROVIDING FOR THE ISSUANCE OF ONE OR MORE SERIES OF LIMITED TAX GENERAL OBLIGATION REFUNDING BONDS OF THE CITY IN THE AGGREGATE PRINCIPAL AMOUNT OF NOT TO EXCEED $6,100,000 TO REFUND CERTAIN OUTSTANDING LIMITED TAX GENERAL OBLIGATION BONDS AND TO PAY COSTS OF ISSUING THE BONDS; PROVIDING THE FORM AND TERMS OF THE BONDS; APPROVING AN ESCROW DEPOSIT AGREEMENT; AND DELEGATING THE AUTHORITY TO APPROVE THE FINAL TERMS OF THE BONDS Michael Lilliquist/Gene Knutson moved to approve for first and second reading. MOTION CARRIED 6-0. Terry Bornemann excused. 20623 2. An Ordinance Establishing the Property Tax Levy Rate for 2015 AN ORDINANCE OF THE CITY OF BELLINGHAM, WASHINGTON, RELATING TO THE LEVYING OF TAXES AND ESTABLISHING THE AMOUNT TO BE RAISED IN 2015 ON THE ASSESSED VALUATION OF THE PROPERTY WITHIN THE CITY Michael Lilliquist/Jack Weiss moved to approve for first and second reading. MOTION CARRIED 6-0. Terry Bornemann excused. Lake Whatcom Reservoir and Natural Resources 20624 1. Report from the November 3, 2014, Lake Whatcom Policy Group Meeting INFORMATION ONLY Parks and Recreation 20625 1. Agreement with Bellingham Technical College for the Perry Center Lease and Facility Use Agreement at Maritime Heritage Park and Public Parking Facility Use Agreement at Bellingham Technical College Main Campus Roxanne Murphy/Gene Knutson moved to approve this agreement with Bellingham Technical College MOTION CARRIED 6-0. Terry Bornemann excused. 20626 2. Cornwall Beach Park Master Plan Approval 3 Roxanne Murphy/Pinky Vargas moved to approve the Cornwall Beach Park Master Plan MOTION CARRIED 6-0. Terry Bornemann excused. 20627 3. Additional Spending Authority for 2014 Golf Course Budget AN ORDINANCE AMENDING THE 2014 ADOPTED BUDGET APPROPRIATING AN ADDITIONAL $70,000.00 IN THE GOLF COURSE FUND Roxanne Murphy/Gene Knutson moved to approve for first and second reading. MOTION CARRIED 5-1. Opposed: Cathy Lehman. Terry Bornemann excused. Community and Economic Development 20628 1. Resolution amending the 2012 Housing Levy Administrative & Financial Plan A RESOLUTION AMENDING THE LOW INCOME HOUSING ADMINISTRATIVE FINANCING PLAN REGARDING THE USE AND EXPENDITURE OF HOUSING LEVY FUNDS AUTHORIZED BY THE VOTERS IN PROPOSITION NO. 1, LOW-INCOME HOUSING LEVY Gene Knutson/Roxanne Murphy moved final approval of Resolution #2014-39 MOTION CARRIED 6-0. Terry Bornemann excused. Committee Of The Whole 20629 1. Futurewise Presentation of Grant Opportunity Presentation given during committee. INFORMATION ONLY 20630 2. Discussion of City-Specific Legislative Agenda INFORMATION AND DISCUSSION 20631 3. Access Bellingham Update TABLED UNTIL 11/24/14 4 4. Approval of Minutes NO MINUTES SUBMITTED 5. Old/New Business Pinky Vargas thanked Mark Gardner and Anitra Accetturo for their work on the Energy Plan for the Georgetown University Energy Prize Competition. Today was the deadline. 20632 6. Work Session on the 2015-2016 Biennial Budget During this budget session of the Committee of the Whole, the Library and Fire Department presented their budgets for 2015-2016. Executive Session Potential Property Acquisition. Staff provided information on a potential property acquisition matter. Direction was given. No action taken. Mayor's Report The Mayor introduced Rick Sepler, the new Director of Planning and Community Development. A Veterans Day event will take place at City Hall on November 11th at 11:00 AM. There will be a Public Hearing on two ordinances on December 8th: Pedestrian Safety Zone Ordinance and Failure to Respond Ordinance. Consent Agenda 20633 1. Consideration of Final Plat approval for Division 1 of the King Mountain Phase 1 Preliminary Plat Res. A RESOLUTION GRANTING FINAL PLAT APPROVAL FOR DIVISION 1 OF #2014- THE KING MOUNTAIN PRELIMINARY PLAT, PHASE 1, CONSISTING OF 40 29 SINGLE-FAMILY DETACHED LOTS, A PUBLIC STORMWATER TRACT, AND 5 PRIVATE OPEN SPACE TRACTS, IN AREA 13, KING MOUNTAIN NEIGHBORHOOD, GENERALLY LOCATED AT THE NORTHERN TERMINUS OF JAMES STREET Gene Knutson/Roxanne Murphy moved to approve Item 1 of the Consent Agenda 5 Jack Weiss stated that the developer has been given a number of concessions by the City over the years and that the concessions given by the Hearing Examiner in this situation are not in the community's best interest. MOTION CARRIED 5-1. Jack Weiss in opposition. Terry Bornemann excused. 20634 2. Authorization of Payroll labor cost payments dated October 11, 2014 - October 24, 2014 20635 3. Authorization of A/P checks issued October 24, 2014 20636 4. Authorization of A/P checks issued October 31, 2014 Gene Knutson/Roxanne Murphy moved to approve Items 2,3, and 4 of the Consent Agenda MOTION CARRIED 6-0. Terry Bornemann excused. Final Consideration of Ordinances 20557 1. An Ordinance Amending Title 11 of the Bellingham Municipal Code Related to Parking AN ORDINANCE OF THE CITY OF BELLINGHAM, WASHINGTON, RELATING TO PARKING: INCREASING THE MAXIMUM ON-STREET PARKING TIME LIMIT TO SEVENTY-TWO HOURS; INCREASING PARKING INFRACTION PENALTIES; UPDATING AND CLARIFYING VARIOUS REGULATORY AND ADMINISTRATIVE PROVISIONS OF THE PARKING CODE; AND AMENDING CHAPTERS 11.18, 11.33, AND 11.36 OF THE BELLINGHAM MUNICIPAL CODE Jack Weiss/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: Knutson, Lehman, Lilliquist, Murphy, Vargas, Weiss NAYS: EXCUSED: Bornemann MOTION CARRIED 6-0 and was thereafter named Ordinance #2014-11-060 Adjournment There being no further business, the meeting adjourned at 8:10 PM 6 _________________________________________ Cathy Lehman, Council President _________________________________________ ATTEST: Marie Marchand, Legislative Assistant APPROVAL DATE: November 24, 2014 7

Agenda

City of Bellingham City Council Regular Meeting Agenda 11/10/2014, 7:00 PM Mayor Kelli Linville Contact: (360) 778-8200, ccmail@cob.org Council Members Jack Weiss, Gene Knutson, Cathy www.cob.org/council Lehman, Pinky Vargas, Terry Bornemann, Michael Lilliquist All meetings are held in the City Hall Council Chambers at and Roxanne Murphy 210 Lottie Street, Bellingham, WA unless otherwise noted. 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. There will be a work session on Rental Registration on Monday, November 17th at 1:00 PM, following a budget work session, here in Council Chambers. It is not a Public Hearing; no public comment will be taken. 2. There will be a Public Hearing on the Final 2015-2016 Biennial Budget on Monday, November 24th at 7:00 PM here in Council Chambers. 3. There will be a Public Hearing on the Dissolution of the Bellingham Public Development Authority on Monday, December 8th at 7:00 PM here in Council Chambers. Pledge of Allegiance Roll Call 15-Minute Public Comment Period 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. 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: 1 Finance and Personnel 1:00 PM Michael Lilliquist, Chair Gene Knutson; Terry Bornemann 20622 1. An Ordinance approving the advance refunding of the p. 1 outstanding 2005 Limited Tax General Obligation Bonds AN ORDINANCE OF THE CITY OF BELLINGHAM, WASHINGTON, PROVIDING FOR THE ISSUANCE OF ONE OR MORE SERIES OF LIMITED TAX GENERAL OBLIGATION REFUNDING BONDS OF THE CITY IN THE AGGREGATE PRINCIPAL AMOUNT OF NOT TO EXCEED $6,100,000 TO REFUND CERTAIN OUTSTANDING LIMITED TAX GENERAL OBLIGATION BONDS AND TO PAY COSTS OF ISSUING THE BONDS; PROVIDING THE FORM AND TERMS OF THE BONDS; APPROVING AN ESCROW DEPOSIT AGREEMENT; AND DELEGATING THE AUTHORITY TO APPROVE THE FINAL TERMS OF THE BONDS 20623 2. An Ordinance Establishing the Property Tax Levy Rate for p. 65 2015 AN ORDINANCE OF THE CITY OF BELLINGHAM, WASHINGTON, RELATING TO THE LEVYING OF TAXES AND ESTABLISHING THE AMOUNT TO BE RAISED IN 2015 ON THE ASSESSED VALUATION OF THE PROPERTY WITHIN THE CITY Lake Whatcom Reservoir and Natural Resources 1:15 PM Pinky Vargas, Chair Roxanne Murphy; Terry Bornemann 20624 1. Report from the November 3, 2014, Lake Whatcom Policy p. 100 Group Meeting Parks and Recreation 1:25 PM Roxanne Murphy, Chair PInky Vargas; Jack Weiss 20625 1. Agreement with Bellingham Technical College for the Perry p. 103 Center Lease and Facility Use Agreement at Maritime Heritage Park and Public Parking Facility Use Agreement at Bellingham Technical College Main Campus 2 20626 2. Cornwall Beach Park Master Plan Approval p. 136 20627 3. Additional Spending Authority for 2014 Golf Course Budget p. 280 AN ORDINANCE AMENDING THE 2014 ADOPTED BUDGET APPROPRIATING AN ADDITIONAL $70,000.00 IN THE GOLF COURSE FUND Community and Economic Development 1:50 PM Gene Knutson, Chair Michael Lilliquist; Pinky Vargas 20628 1. Resolution amending the 2012 Housing Levy Administrative & p. 283 Financial Plan A RESOLUTION AMENDING THE LOW INCOME HOUSING ADMINISTRATIVE FINANCING PLAN REGARDING THE USE AND EXPENDITURE OF HOUSING LEVY FUNDS AUTHORIZED BY THE VOTERS IN PROPOSITION NO. 1, LOW-INCOME HOUSING LEVY Committee Of The Whole 2:15 PM Cathy Lehman, Chair Jack Weiss, Gene Knutson, Michael Lilliquist, Terry Bornemann, Pinky Vargas, Roxanne Murphy 20629 1. Futurewise Presentation of Grant Opportunity p. 304 20630 2. Discussion of City-Specific Legislative Agenda p. 305 20631 3. Access Bellingham Update p. 308 4. Approval of Minutes 5. Old/New Business 20632 6. Work Session on the 2015-2016 Biennial Budget p. 309 City Council Special Meeting Executive Session 3:50 PM Closed to the public. Report in the Regular Meeting only: 1. Potential Property Acquisition (Ruffatto, approx. 5 min) 3 Mayor's Report Standing time for briefings, updates and reports to Council by the Mayor, if needed. Information only. 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. 20633 1. Consideration of Final Plat approval for Division 1 of the King p. 311 Mountain Phase 1 Preliminary Plat A RESOLUTION GRANTING FINAL PLAT APPROVAL FOR DIVISION 1 OF THE KING MOUNTAIN PRELIMINARY PLAT, PHASE 1, CONSISTING OF 29 SINGLE-FAMILY DETACHED LOTS, A PUBLIC STORMWATER TRACT, AND 5 PRIVATE OPEN SPACE TRACTS, IN AREA 13, KING MOUNTAIN NEIGHBORHOOD, GENERALLY LOCATED AT THE NORTHERN TERMINUS OF JAMES STREET 20634 2. Authorization of Payroll labor cost payments dated October p. 347 11, 2014 - October 24, 2014 20635 3. Authorization of A/P checks issued October 24, 2014 p. 348 20636 4. Authorization of A/P checks issued October 31, 2014 p. 349 Final Consideration of Ordinances 20557 1. An Ordinance Amending Title 11 of the Bellingham Municipal p. 350 Code Related to Parking AN ORDINANCE OF THE CITY OF BELLINGHAM, WASHINGTON, RELATING TO PARKING: INCREASING THE MAXIMUM ON- STREET PARKING TIME LIMIT TO SEVENTY-TWO HOURS; INCREASING PARKING INFRACTION PENALTIES; UPDATING AND CLARIFYING VARIOUS REGULATORY AND ADMINISTRATIVE PROVISIONS OF THE PARKING CODE; AND AMENDING CHAPTERS 11.18, 11.33, AND 11.36 OF THE BELLINGHAM MUNICIPAL CODE Adjournment 4 Agenda Information: Council Committee and Regular Meeting agendas and agendas packets, which contain the supporting documentation for agenda items, are available to the public Thursday afternoon prior to the meeting. They are posted at www.cob.org/meetings on the Bellingham web site. Live Broadcast Information: The Bellingham City Council Committee Meetings are broadcast live on BTV10 at the times listed on the Agenda. Committee session start times between 1:00 PM 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. The meetings are also streamed live on the internet as they occur and are available at http://www.cob.org/services/education/btv10/live-stream.aspx. BTV10 programming is available 24/7 to anyone with a computer and high-speed internet access. On-line viewers will see exactly what Comcast cable customers would see on Channel 10, without the need for cable television service. The Bellingham Public Library also has DVD’s available for checkout. Video and audio files are available on the Internet at http://www.cob.org/meetings within 5 business days following each meeting. BTV10 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 clerk prior to the evening session. For additional accommodations, persons are asked to contact the Legislative Assistant at 778-8200 in advance of the meeting. Thank you. Next City Council Meeting 11/24/2014 Deadline to submit material for the public hearing for inclusion in the published agenda packet is 10:00 a.m. on Wednesday prior to the meeting. 5

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