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City Council - Regular Meeting

Regular Meeting

Bellingham, WA · August 8, 2016

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Minutes

City of Bellingham City Council Regular Meeting Minutes 08/08/2016, 7:00 PM Mayor Kelli Linville Contact: (360) 778-8200, ccmail@cob.org Council Members April Barker, 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 Vargas 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 Dick Conoboy. Roll Call Present: April Barker, 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 Roxanne Murphy, Council Member, At Large Excused: 15-Minute Public Comment Period Anne Mackie, resident of the York Neighborhood, protested to the Council's vote to change the zoning requirements that Accessory Dwelling Units (ADU's) be owner occupied. Dick Conoboy, spoke against the Council's vote to change the ADU owner occupied requirement in the Comprehensive Plan. He feels that that this will change the City of Bellingham Regular City Council Meeting Page 1 of 6 08/08/2016 character of the neighborhoods. He is concerned the neighborhoods that are zoned as single family, may become multifamily housing neighborhoods. Sean Wheeler, resident of the York Neighborhood, spoke against the ADU vote on the Comprehensive Plan at the meeting of August 1, 2016. He urged them to enforce the zoning that is already in place. Joseph McDonald, spoke against the religious protestors at the Farmer's Market. Adam Shafer, spoke about the jail bookings restrictions. Chris Deile, discussed the needs of health care in the Emergency Room at St. Joseph's Hospital. City Council Special Meeting 21321 1. Closed Record Hearing to Consider a Petition to Vacate an Unnamed Alley West of Franklin Street and a Portion of Franklin Street All Located Between Kentucky and Iowa Streets A Closed Record Hearing was held earlier in the day. Council approved a street vacation for no compensation. Gene Knutson / Pinky Vargas moved approval of ordinance for first and second reading. MOTION CARRIED 6-1. Michael Lilliquist opposed. Committee Of The Whole 21322 1. Extension and Renewal of an Emergency Ordinance Creating Interim Zoning for the Establishment of Facilities Producing, Processing and Retailing Recreational and Medical Marijuana and the Establishment of Medical Marijuana Cooperatives AN ORDINANCE OF THE CITY OF BELLINGHAM, WASHINGTON, RELATING TO LAND USE AND ZONING; DECLARING AN EMERGENCY; ADOPTING AND RENEWING INTERIM ZONING REGULATIONS FOR THE SITING, ESTABLISHMENT, AND OPERATION OF ANY STRUCTURES OR USES RELATING TO THE PRODUCTION, PROCESSING, OR RETAILING OF RECREATIONAL AND MEDICAL MARIJUANA AND THE ESTABLISHMENT AND OPERATION OF MEDICAL CANNABIS COOPERATIVES; AND SETTING SIX MONTHS AS THE EFFECTIVE PERIOD OF THE INTERIM ZONING TO ALLOW CITIZENS TO APPLY FOR LICENSES FROM THE WASHINGTON STATE LIQUOR AND CANNABIS BOARD TO PRODUCE, PROCESS, OR RETAIL RECREATIONAL AND MEDICAL MARIJUANA AND City of Bellingham Regular City Council Meeting Page 2 of 6 08/08/2016 FORM AND OPERATE MEDICAL CANNABIS COOPERATIVES IN THE CITY WHILE THE CITY STUDIES THE LAND USE IMPACTS OF SUCH USES Pinky Vargas / Roxanne Murphy moved approval of the ordinance. MOTION CARRIED 7- 0 and was thereafter named Emergency Ordinance #2016-08-025. 21323 2. Adoption of a State Legislature Mandated Impact Fee Deferral Program for Single Family Detached and Attached Residential Construction AN ORDINANCE AMENDING BELLINGHAM MUNICIPAL CODE (BMC) TITLE 19 IMPACT FEES, INCLUDING CHAPTERS 19.04, 19.06, 19.08 AND ADDING A NEW CHAPTER 19.10 TO ALLOW FOR THE DEFERRAL OF IMPACT FEE COLLECTION FOR NEW SINGLE-FAMILY DETACHED AND ATTACHED RESIDENTIAL CONSTRUCTION Pinky Vargas / Gene Knutson moved approval for first and second reading. MOTION CARRIED 7-0. 21247 3. Continued Discussion on the Draft 2016 Bellingham Comprehensive Plan Rick Sepler, Planning and Community Development Director, spoke about revisions that have been incorporated into the working draft. Continued discussion from the Comment Tracker is scheduled at the next meeting. 4. Approval of Minutes Gene Knutson / Roxanne Murphy moved approval of the July 25, 2016 minutes of the regular City Council meeting as submitted. MOTION CARRIED 7-0. 5. Old/New Business Mayor Linville reminded all about the jail options the City is working on to lift booking restrictions at the County jail. City of Bellingham Regular City Council Meeting Page 3 of 6 08/08/2016 Executive Session - Report and Action only. 1. Potential Litigation Staff provided information on a potential litigation matter. For information and discussion only. No action taken. 2. Potential Property Sale Staff provided information on a potential sale of City owned property. For information and discussion only. No action taken. Mayor's Report Standing time for briefings, updates and reports to Council by the Mayor, if needed. Information only. A Call Center for the Aquatic Center has been established. 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. 21324 1. Authorization of A/P Checks Issued July 22, 2016 21325 2. Authorization of A/P Checks Issued July 29, 2016 21326 3. Authorization of Payroll Labor Cost Payments Dated July 9, 2016 - July 25, 2016 Roxanne Murphy / Gene Knutson moved approval of the Consent Agenda in its entirety. MOTION CARRIED 7-0. Final Consideration of Ordinances 21264 1. An Ordinance Relating to the Council Wards of the City, Providing for the Redistricting of Such Wards, and Amending Bellingham Municipal Code Chapter 1.16 which Describes Each Ward by Election Precincts City of Bellingham Regular City Council Meeting Page 4 of 6 08/08/2016 AN ORDINANCE RELATING TO THE COUNCIL WARDS OF THE CITY, PROVIDING FOR THE REDISTRICTING OF SUCH WARDS, AND AMENDING BELLINGHAM MUNICIPAL CODE CHAPTER 1.16 WHICH DESCRIBES EACH WARD BY ELECTION PRECINCTS Michael Lilliquist / Roxanne Murphy 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: BARKER, BORNEMANN, HAMMILL, KNUTSON, LILLIQUIST, MURPHY, VARGAS NAYS: EXCUSED: MOTION CARRIED and was thereafter named Ordinance #2016-08-026. 21302 2. Adoption of the International Fire Code, 2015 Edition AN ORDINANCE OF THE CITY OF BELLINGHAM AMENDING BELLINGHAM MUNICIPAL CODE CHAPTER 17.20 TO ADOPT BY REFERENCE THE 2015 EDITION OF THE INTERNATIONAL FIRE CODE Gene Knutson / Roxanne Murphy 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: BARKER, BORNEMANN, HAMMILL, KNUTSON, LILLIQUIST, MURPHY, VARGAS NAYS: EXCUSED: MOTION CARRIED and was thereafter named Ordinance #2016-08-027. 21313 3. Proposed Ordinance Accepting Donation of South Bay Stormwater Facility AN ORDINANCE ACCEPTING THE DONATION OF REAL PROPERTY AND IMPROVEMENTS KNOWN AS THE SOUTH BAY STORMWATER FACILITY Terry Bornemann /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: BARKER, BORNEMANN, HAMMILL, KNUTSON, LILLIQUIST, MURPHY, VARGAS NAYS: EXCUSED: City of Bellingham Regular City Council Meeting Page 5 of 6 08/08/2016 MOTION CARRIED and was thereafter named Ordinance #2016-08-028. 21314 4. Proposed Ordinance Accepting Donation of Trickle Creek Stormwater Facility AN ORDINANCE ACCEPTING THE DONATION OF REAL PROPERTY AND IMPROVEMENTS KNOWN AS THE TRICKLE CREEK STORMWATER FACILITY Gene Knutson / Roxanne Murphy 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: BARKER, BORNEMANN, HAMMILL, KNUTSON, LILLIQUIST, MURPHY, VARGAS NAYS: EXCUSED: MOTION CARRIED and was thereafter named Ordinance #2016-08-029. Adjournment There being no further business, the meeting adjourned at 7:34 p.m. Pinky Vargas, Council President ATTEST: Elisabeth Oakes, City Clerk Representative APPROVED: August 29, 2016 City of Bellingham Regular City Council Meeting Page 6 of 6 08/08/2016

Agenda

City of Bellingham City Council Regular Meeting Agenda 08/08/2016, 7:00 PM Mayor Kelli Linville Contact: (360) 778-8200, ccmail@cob.org Council Members April Barker, 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 Announcements & Upcoming Meetings: Bellingham City Council meets all requirements of the State of Washington Open Meetings Act. Pledge of Allegiance Roll Call 15-Minute Public Comment Period City Council Special Meeting 1:00 PM 21321 1. Closed Record Hearing to Consider a Petition to Vacate an p. 1 Unnamed Alley West of Franklin Street and a Portion of Franklin Street All Located Between Kentucky and Iowa Streets 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 Committee Of The Whole 1:15 PM Pinky Vargas, Chair April Barker; Gene Knutson; Daniel Hammill; Terry Bornemann; Michael Lilliquist; Roxanne Murphy 21322 1. Extension and Renewal of an Emergency Ordinance Creating p. 20 Interim Zoning for the Establishment of Facilities Producing, Processing and Retailing Recreational and Medical Marijuana and the Establishment of Medical Marijuana Cooperatives AN ORDINANCE OF THE CITY OF BELLINGHAM, WASHINGTON, RELATING TO LAND USE AND ZONING; DECLARING AN EMERGENCY; ADOPTING AND RENEWING INTERIM ZONING REGULATIONS FOR THE SITING, ESTABLISHMENT, AND OPERATION OF ANY STRUCTURES OR USES RELATING TO THE PRODUCTION, PROCESSING, OR RETAILING OF RECREATIONAL AND MEDICAL MARIJUANA AND THE ESTABLISHMENT AND OPERATION OF MEDICAL CANNABIS COOPERATIVES; AND SETTING SIX MONTHS AS THE EFFECTIVE PERIOD OF THE INTERIM ZONING TO ALLOW CITIZENS TO APPLY FOR LICENSES FROM THE WASHINGTON STATE LIQUOR AND CANNABIS BOARD TO PRODUCE, PROCESS, OR RETAIL RECREATIONAL AND MEDICAL MARIJUANA AND FORM AND OPERATE MEDICAL CANNABIS COOPERATIVES IN THE CITY WHILE THE CITY STUDIES THE LAND USE IMPACTS OF SUCH USES 21323 2. Adoption of a State Legislature Mandated Impact Fee p. 35 Deferral Program for Single Family Detached and Attached Residential Construction AN ORDINANCE AMENDING BELLINGHAM MUNICIPAL CODE (BMC) TITLE 19 IMPACT FEES, INCLUDING CHAPTERS 19.04, 19.06, 19.08 AND ADDING A NEW CHAPTER 19.10 TO ALLOW FOR THE DEFERRAL OF IMPACT FEE COLLECTION FOR NEW SINGLE-FAMILY DETACHED AND ATTACHED RESIDENTIAL CONSTRUCTION 21247 3. Continued Discussion on the Draft 2016 Bellingham p. 42 Comprehensive Plan 4. Approval of Minutes 2 5. Old/New Business Executive Session 3:00 PM Closed to the public. Report in the Regular Meeting only: 1. Potential Litigation (Ruffatto, approx. 30 min) 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. 21324 1. Authorization of A/P Checks Issued July 22, 2016 p. 89 21325 2. Authorization of A/P Checks Issued July 29, 2016 p. 90 21326 3. Authorization of Payroll Labor Cost Payments Dated July 9, p. 91 2016 - July 25, 2016 Final Consideration of Ordinances 21264 1. An Ordinance Relating to the Council Wards of the City, p. 92 Providing for the Redistricting of Such Wards, and Amending Bellingham Municipal Code Chapter 1.16 which Describes Each Ward by Election Precincts AN ORDINANCE RELATING TO THE COUNCIL WARDS OF THE CITY, PROVIDING FOR THE REDISTRICTING OF SUCH WARDS, AND AMENDING BELLINGHAM MUNICIPAL CODE CHAPTER 1.16 WHICH DESCRIBES EACH WARD BY ELECTION PRECINCTS 21302 2. Adoption of the International Fire Code, 2015 Edition p. 98 AN ORDINANCE OF THE CITY OF BELLINGHAM AMENDING BELLINGHAM MUNICIPAL CODE CHAPTER 17.20 TO ADOPT BY REFERENCE THE 2015 EDITION OF THE INTERNATIONAL FIRE CODE 21313 3. Proposed Ordinance Accepting Donation of South Bay p. 130 Stormwater Facility 3 AN ORDINANCE ACCEPTING THE DONATION OF REAL PROPERTY AND IMPROVEMENTS KNOWN AS THE SOUTH BAY STORMWATER FACILITY 21314 4. Proposed Ordinance Accepting Donation of Trickle Creek p. 135 Stormwater Facility AN ORDINANCE ACCEPTING THE DONATION OF REAL PROPERTY AND IMPROVEMENTS KNOWN AS THE TRICKLE CREEK STORMWATER FACILITY 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 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 BTV 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. BTV programming is available 24/7 to anyone with a computer and high-speed internet access. Online 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 www.cob.org/meetings 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 4 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 08/29/2016 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. 5

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