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City Council - Regular Meeting

Regular Meeting

Bellingham, WA · December 14, 2015

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Minutes

City of Bellingham City Council Regular Meeting Minutes 12/14/2015, 7:00 PM Mayor Kelli Linville Contact: (360) 778-8200, ccmail@cob.org Council Members Jack Weiss, Gene Knutson, Daniel www.cob.org/council Hammill, 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 The meeting was called to order by Council President Knutson at 7:00 p.m. Announcements & Upcoming Meetings: Bellingham City Council meets all requirements of the State of Washington Open Public Meetings Act. Pledge of Allegiance Led by Council Member Weiss. Roll Call Present: Jack Weiss, Council Member, First Ward Gene Knutson, Council Member, Second Ward Daniel Hammill, Council Member, Third Ward Pinky Vargas, Council Member, Fourth Ward Terry Bornemann, Council Member, Fifth Ward Michael Lilliquist, Council Member, Sixth Ward Excused: Roxanne Murphy, Council Member, At Large 15-Minute Public Comment Period Betsy Pernotto, thanked Council Member Weiss for his service and diligent research on issues. She expressed gratitude for his leadership on issues. Charles Law, thanked Council Member Weiss for his service. Eric Hirst, congratulated Council Member Weiss on his retirement and thanked him for his style of service. City of Bellingham Regular City Council Meeting Page 1 of 9 12/14/2015 Stan Snapp, relayed his service experiences with Council Member Weiss and thanked him for his service. George Dyson, thanked Council Member Weiss for his service. Presentation 21083 1. Resolution Recognizing Julie Guy Council Member Weiss presented the City's resolution recognizing Julie Guy for her contributions to the Cordata Neighborhood and the City of Bellingham. Jack Weiss/Gene Knutson moved final approval of Resolution #2015-28. MOTION CARRIED 6-0. 21084 2. Resolution Honoring City Councilmember Jack Weiss Council President Knutson presented Council Member Weiss with the City's resolution recognizing Council Member Weiss for his many accomplishments while on the City Council. Gene Knutson/Michael Lilliquist moved final approval of Resolution #2015-29. MOTION CARRIED 6-0. Public Works / Public Safety 21085 1. Proposed Ordinance Accepting Donation of Stonecrest Stormwater Facility AN ORDINANCE ACCEPTING THE DONATION OF REAL PROPERTY AND IMPROVEMENTS KNOWN AS THE STONECREST STORMWATER FACILITY Terry Bornemann/Jack Weiss moved approval for first and second reading. MOTION CARRIED 6-0. 21087 2. Public Works Operations Division Update Information only. City Council Special Meeting 21088 1. Closed Record Hearing to Consider a Petition to Vacate an Alley Between Samish and 37th Streets Immediately South of Consolidation Avenue City of Bellingham Regular City Council Meeting Page 2 of 9 12/14/2015 At the conclusion of the closed record hearing, City Council voted to adopt the Hearing Examiner's Findings of Fact, Conclusions, and Recommendation and approve the alley vacation. Gene Knutson/Dan Hammill moved approval for first and second reading of the vacation ordinance. MOTION CARRIED 6-0. Planning 21089 1. The Update to the City's Comprehensive Plan Information only. Finance and Personnel 21090 1. An Ordinance Regarding a Tax Exemption for Venues Featuring Paid Live Music in the Downtown and Fairhaven Entertainment Districts AN ORDINANCE OF THE CITY OF BELLINGHAM, WASHINGTON ADOPTING AN EXEMPTION FROM ADMISSION TAX FOR QUALIFYING LIVE MUSIC VENUES; AMENDING BELLINGHAM MUNCIPAL CODE 4.74.030 Pinky Vargas/Dan Hammill moved approval for first and second reading. MOTION CARRIED 5-1. Michael Lilliquist opposed. Lake Whatcom Reservoir and Natural Resources 21091 1. Interlocal Agreement Regarding Creation of the Policy Board within the Watershed Resource Inventory Area 1 Information only. Executive Session - Report and action only. 1. City Enforcement Action Staff provided information on a City enforcement action. Information only. No action taken. 2. Potential Litigation Staff provided information on a potential litigation matter. Information only. No action taken. City of Bellingham Regular City Council Meeting Page 3 of 9 12/14/2015 Committee Of The Whole 21086 1. Resolution Changing 8th Street to One-Way Northbound Between McKenzie and Harris Avenues in Fairhaven A RESOLUTION OF THE CITY OF BELLINGHAM CHANGING 8TH STREET TO ONE-WAY NORTHBOUND BETWEEN McKENZIE AVENUE AND HARRIS AVENUE. Committee directed staff to bring this matter back to the Public Works/Public Safety Committee on January 11, 2016. 21092 2. Discussion of City-Specific Legislative Agenda Staff was instructed to pursue the City's legislative agenda. 21093 3. Contract Agreement with Yakima County for As-Need Jail Services Gene Knutson/Pinky Vargas moved to authorize the Mayor to enter into an agreement with Yakima County for as-needed jail services. MOTION CARRIED 6-0. 21094 4. Contract Extension with Whatcom County for Jail Services Gene Knutson/Pinky Vargas moved approval to endorse the direction that the Administration is recommending. MOTION CARRIED 6-0. 5. Approval of Minutes Michael Lilliquist/Dan Hammill moved approval of the December 7, 2015, minutes of the regular City Council meeting as submitted. MOTION CARRIED 6-0. 6. Old/New Business Terry Bornemann thanked Council President Knutson for his hard work and service as the Council President this year. Mayor's Report Standing time for briefings, updates and reports to Council by the Mayor, if needed. Information only. Mayor Linville reported that she is pleased to inform the Council that she has appointed Leslie Bryson as the Parks Director. City of Bellingham Regular City Council Meeting Page 4 of 9 12/14/2015 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. 21095 1. Authorization of A/P checks issued December 4, 2015 21096 2. Resolution Amending the 2016 City Council Meeting Schedule A RESOLUTION FIXING THE TIMES AND DATES OF THE 2016 REGULAR MEETINGS OF THE BELLINGHAM CITY COUNCIL BEGINNING JANUARY 4, 2016 RES #2015-30 Michael Lilliquist/Pinky Vargas moved approval of the Consent Agenda in its entirety. MOTION CARRIED 6-0. Final Consideration of Ordinances 21047 1. A Request from the Bellingham School District to Amend the Bellingham Comprehensive Plan to Incorporate by Reference the District's New 2015-2021 Capital Facilities Plan AN ORDINANCE OF THE CITY OF BELLINGHAM UPDATING THE PUBLIC SCHOOL FACILITY SECTION OF THE CAPITAL FACILITIES CHAPTER OF THE BELLINGHAM COMPREHENSIVE PLAN TO INCORPORATE BY REFERENCE THE BELLINGHAM SCHOOL DISTRICT'S 2015-2021 CAPITAL FACILITIES PLAN AND UPDATING BELLINGHAM'S SCHOOL IMPACT FEE ORDINANCE IN BELLINGHAM MUNICIPAL CODE (BMC) 19.08 TO BE CONSISTENT WITH THE DISTRICT'S NEW CFP Terry Bornemann/Dan 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: BORNEMANN, HAMMILL, KNUTSON, LILLIQUIST, VARGAS, WEISS NAYS: EXCUSED: MURPHY MOTION CARRIED 6-0 and was thereafter named Ordinance #2015-12-050. City of Bellingham Regular City Council Meeting Page 5 of 9 12/14/2015 21048 2. Consideration of Amendments to BMC 17.82 Regarding Multi Family Tax Exemption AN ORDINANCE AMENDING BELLINGHAM MUNICIPAL CODE CHAPTER 17.82 TO ADD 3 TARGET AREA 4, FAIRHAVEN URBAN VILLAGE AND TARGET AREA 5, BARKLEY 4 VILLAGE AND TO REVISE REQUIREMENTS FOR 12-YEAR EXEMPTIONS FOR 5 AFFORDABLE LOW-INCOME HOUSING Jack Weiss/Michael Lilliquist 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: BORNEMANN, HAMMILL, KNUTSON, LILLIQUIST, VARGAS, WEISS NAYS: EXCUSED: MURPHY MOTION CARRIED 6-0 and was thereafter named Ordinance #2015-12-051. 21054 3. An Ordinance of the City of Bellingham, Washington Adopting a Transportation Impact Fee Base Rate and Rate Schedule for 2016 AN ORDINANCE OF THE CITY OF BELLINGHAM, WASHINGTON ADOPTING A TRANSPORTATION IMPACT FEE BASE RATE AND RATE SCHEDULE FOR 2016 Michael Lilliquist/Terry Bornemann 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: BORNEMANN, HAMMILL, KNUTSON, LILLIQUIST, VARGAS, WEISS NAYS: EXCUSED: MURPHY MOTION CARRIED 6-0 and was thereafter named Ordinance #2015-12-052. 21058 4. Special Tax Valuation - Additional Eligible Property Class AN ORDINANCE RELATING TO HISTORIC PRESERVATION, AMENDING THE BELLINGHAM MUNICIPAL CODE (BMC)SECTIONS 17.90.030, 17.90.050, AND 17.90.70, TO ADD AN ADDITIONAL PROPERTY CLASS ELIGIBILE FOR SPECIAL TAX VALUATION, AND AMENDING BMC City of Bellingham Regular City Council Meeting Page 6 of 9 12/14/2015 2.56.050 TO MAKE IT CONSISTENT WITH BMC 17.90.070 AND 17.90.080 Terry Bornemann/Dan 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: BORNEMANN, HAMMILL, KNUTSON, LILLIQUIST, VARGAS, WEISS NAYS: EXCUSED: MURPHY MOTION CARRIED 6-0 and was thereafter named Ordinance #2015-12-053. 21060 5. Adoption of the 2015-2016 Mid-biennial Budget Modifications Ordinance AN ORDINANCE AMENDING THE 2015 - 2016 BIENNIAL BUDGET, PROVIDING FOR ADOPTION OF THE MID-BIENNIUM ADJUSTMENTS TO THE BIENNIAL BUDGET PURSUANT TO THE TERMS OF RCW 35.34.130 Pinky Vargas/Dan 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: BORNEMANN, HAMMILL, KNUTSON, LILLIQUIST, VARGAS, WEISS NAYS: EXCUSED: MURPHY MOTION CARRIED 6-0 and was thereafter named Ordinance #2015-12-054. 21064 6. An Ordinance Amending Bellingham Municipal Code (BMC) Sections 2.56.060 and 3.16.040 Regarding the Duties of the Hearing Examiner AN ORDINANCE AMENDING BELLINGHAM MUNICIPAL CODE (BMC) SECTIONS 2.56.060 AND 3.16.040 REGARDING DUTIES OF THE HEARING EXAMINER Dan Hammill/Pinky Vargas 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: BORNEMANN, HAMMILL, KNUTSON, LILLIQUIST, VARGAS, WEISS NAYS: EXCUSED: MURPHY City of Bellingham Regular City Council Meeting Page 7 of 9 12/14/2015 MOTION CARRIED 6-0 and was thereafter named Ordinance #2015-12-055. 21071 7. An Ordinance of the City of Bellingham, Washington, Assuming the Rights, Powers, Immunities, Functions and Obligations of the Bellingham Transportation Benefit District, as of January 1, 2016, and Abolishing its Governing Board AN ORDINANCE OF THE CITY OF BELLINGHAM, WASHINGTON, ASSUMING THE RIGHTS, POWERS, IMMUNITIES, FUNCTIONS, AND OBLIGATIONS OF THE BELLINGHAM TRANSPORTATION BENEFIT DISTRICT, AS OF JANUARY 1, 2016, AS ALLOWED BY SECOND ENGROSSED SUBSTITUTE SENATE BILL 5987, SECTION 302, AND ABOLISHING THE TRANSPORTATION BENEFIT DISTRICT’S GOVERNING BOARD FOLLOWING ITS ASSUMPTION Terry Bornemann/Jack Weiss 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: BORNEMANN, HAMMILL, KNUTSON, LILLIQUIST, VARGAS, WEISS NAYS: EXCUSED: MURPHY MOTION CARRIED 6-0 and was thereafter named Ordinance #2015-12-056. 21072 8. An Ordinance Closing the Beyond Greenways Fund AN ORDINANCE CLOSING THE BEYOND GREENWAYS FUND Jack Weiss/Terry Bornemann 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: BORNEMANN, HAMMILL, KNUTSON, LILLIQUIST, VARGAS, WEISS NAYS: EXCUSED: MURPHY MOTION CARRIED 6-0 and was thereafter named Ordinance #2015-12-057. City of Bellingham Regular City Council Meeting Page 8 of 9 12/14/2015 Adjournment There being no further business, the meeting adjourned at 8:20 PM. ____________________________________________ Pinky Vargas, Council President ____________________________________________ ATTEST: Elisabeth A. Oakes, City Clerk Representative APPROVED: 1/4/2016 City of Bellingham Regular City Council Meeting Page 9 of 9 12/14/2015

Agenda

City of Bellingham City Council Regular Meeting Agenda 12/14/2015, 7:00 PM Mayor Kelli Linville Contact: (360) 778-8200, ccmail@cob.org Council Members Jack Weiss, Gene Knutson, Daniel www.cob.org/council Hammill, 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 Bellingham City Council meets all requirements of the State of Washington Open Meetings Act. Pledge of Allegiance Roll Call 15-Minute Public Comment Period Presentation 21083 1. Resolution Recognizing Julie Guy p. 1 21084 2. Resolution Honoring City Councilmember Jack Weiss p. 4 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: 1 Public Works / Public Safety 9:00 AM Terry Bornemann, Chair Michael Lilliquist; Roxanne Murphy 21085 1. Proposed Ordinance Accepting Donation of Stonecrest p. 7 Stormwater Facility AN ORDINANCE ACCEPTING THE DONATION OF REAL PROPERTY AND IMPROVEMENTS KNOWN AS THE STONECREST STORMWATER FACILITY 21087 2. Public Works Operations Division Update p. 12 City Council Special Meeting 1:00 PM 21088 1. Closed Record Hearing to Consider a Petition to Vacate an p. 13 Alley Between Samish and 37th Streets Immediately South of Consolidation Avenue Planning 1:15 PM Jack Weiss, Chair Daniel Hammill; Terry Bornemann 21089 1. The Update to the City's Comprehensive Plan p. 68 Finance and Personnel 1:30 PM Pinky Vargas, Chair Michael Lilliquist; Daniel Hammill 21090 1. An Ordinance Regarding a Tax Exemption for Venues p. 69 Featuring Paid Live Music in the Downtown and Fairhaven Entertainment Districts AN ORDINANCE OF THE CITY OF BELLINGHAM, WASHINGTON ADOPTING AN EXEMPTION FROM ADMISSION TAX FOR QUALIFYING LIVE MUSIC VENUES; AMENDING BELLINGHAM MUNCIPAL CODE 4.74.030 Lake Whatcom Reservoir and Natural Resources 1:40 PM Daniel Hammill, Chair Pinky Vargas; Jack Weiss 21091 1. Interlocal Agreement Regarding Creation of the Policy Board p. 75 within the Watershed Resource Inventory Area 1 2 Executive Session 1:45 PM Closed to the public. Report in the Regular Meeting only: 1. City Enforcement Action (Marriner, approx. 15 min) 2. Potential Litigation (Marriner, approx. 10 min) Committee Of The Whole 2:10 PM Gene Knutson, Chair Jack Weiss; Daniel Hammill; Michael Lilliquist; Terry Bornemann; Pinky Vargas; Roxanne Murphy 21086 1. Resolution Changing 8th Street to One-Way Northbound p. 84 Between McKenzie and Harris Avenues in Fairhaven A RESOLUTION OF THE CITY OF BELLINGHAM CHANGING 8TH STREET TO ONE-WAY NORTHBOUND BETWEEN McKENZIE AVENUE AND HARRIS AVENUE. 21092 2. Discussion of City-Specific Legislative Agenda p. 89 21093 3. Contract Agreement with Yakima County for As-Need Jail p. 93 Services 21094 4. Contract Extension with Whatcom County for Jail Services p. 118 5. Approval of Minutes 6. Old/New Business 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. 21095 1. Authorization of A/P checks issued December 4, 2015 p. 151 21096 2. Resolution Amending the 2016 City Council Meeting Schedule p. 152 3 A RESOLUTION FIXING THE TIMES AND DATES OF THE 2016 REGULAR MEETINGS OF THE BELLINGHAM CITY COUNCIL BEGINNING JANUARY 4, 2016 Final Consideration of Ordinances 21047 1. A Request from the Bellingham School District to Amend the p. 156 Bellingham Comprehensive Plan to Incorporate by Reference the District's New 2015-2021 Capital Facilities Plan AN ORDINANCE OF THE CITY OF BELLINGHAM UPDATING THE PUBLIC SCHOOL FACILITY SECTION OF THE CAPITAL FACILITIES CHAPTER OF THE BELLINGHAM COMPREHENSIVE PLAN TO INCORPORATE BY REFERENCE THE BELLINGHAM SCHOOL DISTRICT'S 2015-2021 CAPITAL FACILITIES PLAN AND UPDATING BELLINGHAM'S SCHOOL IMPACT FEE ORDINANCE IN BELLINGHAM MUNICIPAL CODE (BMC) 19.08 TO BE CONSISTENT WITH THE DISTRICT'S NEW CFP 21048 2. Consideration of Amendments to BMC 17.82 Regarding Multi p. 180 Family Tax Exemption AN ORDINANCE AMENDING BELLINGHAM MUNICIPAL CODE CHAPTER 17.82 TO ADD 3 TARGET AREA 4, FAIRHAVEN URBAN VILLAGE AND TARGET AREA 5, BARKLEY 4 VILLAGE AND TO REVISE REQUIREMENTS FOR 12-YEAR EXEMPTIONS FOR 5 AFFORDABLE LOW-INCOME HOUSING 21054 3. An Ordinance of the City of Bellingham, Washington Adopting p. 198 a Transportation Impact Fee Base Rate and Rate Schedule for 2016 AN ORDINANCE OF THE CITY OF BELLINGHAM, WASHINGTON ADOPTING A TRANSPORTATION IMPACT FEE BASE RATE AND RATE SCHEDULE FOR 2016 21058 4. Special Tax Valuation - Additional Eligible Property Class p. 203 AN ORDINANCE RELATING TO HISTORIC PRESERVATION, AMENDING THE BELLINGHAM MUNICIPAL CODE (BMC)SECTIONS 17.90.030, 17.90.050, AND 17.90.05.70, TO ADD AN ADDITIONAL PROPERTY CLASS ELIGIBILE FOR SPECIAL TAX VALUATION, AND AMENDING BMC 2.56.050 TO MAKE IT CONSISTENT WITH BMC 17.90.070 AND 17.90.080 4 21060 5. Adoption of the 2015-2016 Mid-biennial Budget p. 213 Modifications Ordinance AN ORDINANCE AMENDING THE 2015 - 2016 BIENNIAL BUDGET, PROVIDING FOR ADOPTION OF THE MID-BIENNIUM ADJUSTMENTS TO THE BIENNIAL BUDGET PURSUANT TO THE TERMS OF RCW 35.34.130 21064 6. An Ordinance Amending Bellingham Municipal Code (BMC) p. 217 Sections 2.56.060 and 3.16.040 Regarding the Duties of the Hearing Examiner AN ORDINANCE AMENDING BELLINGHAM MUNICIPAL CODE (BMC) SECTIONS 2.56.060 AND 3.16.040 REGARDING DUTIES OF THE HEARING EXAMINER 21071 7. An Ordinance of the City of Bellingham, Washington, p. 220 Assuming the Rights, Powers, Immunities, Functions and Obligations of the Bellingham Transportation Benefit District, as of January 1, 2016, and Abolishing its Governing Board AN ORDINANCE OF THE CITY OF BELLINGHAM, WASHINGTON, ASSUMING THE RIGHTS, POWERS, IMMUNITIES, FUNCTIONS, AND OBLIGATIONS OF THE BELLINGHAM TRANSPORTATION BENEFIT DISTRICT, AS OF JANUARY 1, 2016, AS ALLOWED BY SECOND ENGROSSED SUBSTITUTE SENATE BILL 5987, SECTION 302, AND ABOLISHING THE TRANSPORTATION BENEFIT DISTRICT’S GOVERNING BOARD FOLLOWING ITS ASSUMPTION 21072 8. An Ordinance Closing the Beyond Greenways Fund p. 223 AN ORDINANCE CLOSING THE BEYOND GREENWAYS FUND Adjournment 5 Agenda Information: Council Committee and Regular Meeting agendas and agendas packets, which contain the supporting documentation for agenda items, are available to the public Wednesday afternoon prior to the meeting. They are posted at www.cob.org/meetings. 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 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. 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 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, contact the Legislative Assistant at 778-8200 in advance of the meeting. Thank you. Next City Council Meeting 01/04/2016 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. 6

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