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City Council - Regular Meeting

Regular Meeting

Bellingham, WA · September 12, 2016

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Minutes

City of Bellingham City Council Regular Meeting Minutes 09/12/2016, 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. 1. On Monday, September 19, 2016, the City Council will host a Special Meeting related to the Comprehensive Plan from 1:00 - 3:00 PM in Council Chambers. 2. On Monday, September 26, 2016 at 7:00 PM, the City Council will host a Public Hearing on the matter of the request to allow connection to municipal sewer for an existing residence located at 3214 Locust Avenue in the City of Bellingham Urban Growth Area. Council President Vargas announced that no Public Hearing is necessary on the matter to request to allow connection to municipal sewer for an existing residence located at 3214 Locust Avenue. Pledge of Allegiance Led by Council Member Murphy. City of Bellingham Regular City Council Meeting Page 1 of 8 9/12/2016 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: Public Hearing 21351 1. Resolution Authorizing the Relinquishment of Surplus Utility Easements and Use Restrictions Reserved During Prior Street Vacations in the Waterfront District A RESOLUTION OF THE CITY OF BELLINGHAM, WASHINGTON AUTHORIZING RELINQUISHMENT OF SURPLUS UTILITY EASEMENTS AND USE RESTRICTIONS RESERVED DURING PRIOR STREET VACATIONS IN THE WATERFRONT DISTRICT Council President Vargas opened the public hearing. Public hearing held and comment was taken. There being no further comments, the public hearing was closed. Gene Knutson / Roxanne Murphy moved final approval of Resolution #2016-24. MOTION CARRIED 7-0. 15-Minute Public Comment Period Yoshé Revelle, reminded all of the obligation to be mindful of our heritage. Chiara D'angelo, relayed her experience at Standing Rock in North Dakota. City of Bellingham Regular City Council Meeting Page 2 of 8 9/12/2016 Jill McIntyre Witt, requested Council pass the Resolution {AB 21357}. She thanked Council Member Murphy for bringing forth the Resolution and spoke in support of it. Dena Jensen, thanked the Council for drafting the Resolution {AB 21357}. Joseph McDonald, spoke against the religious zealots at the farmer's market and other gatherings in town. Patrick Freeland, works at Northwest Indian College, spoke about the grasslands of the Sioux nation and spoke in support of the Resolution {AB 21357}. Thanked the Council for bringing forth of the Resolution. Mary Peete, spoke in support of the Resolution {AB 21357}. Marion Bedell, asked the Council to pass the Resolution concerning the Standing Rock Resolution and sang a song to motivate change {AB 21357}. Gwen Hunter, reported she is against pipe lines and the use of fossil fuels. She requested the Council pass the Resolution {AB 21357}. Lori Abrams, spoke in support of the Resolution {AB 21357}. She requested that the Council bring forth a Resolution or law for consideration to ban the use of Styrofoam in City limits. 21357 3. Resolution Regarding the Dakota Access Pipeline RESOLUTION EXPRESSING CONCERN REGARDING ALLEGED VIOLATIONS OF DUE PROCESS AND LACK OF MEANINGFUL TRIBAL CONSULTATION REGARDING PERMITS FOR THE DAKOTA ACCESS PIPELINE Council President Vargas moved agenda bill #21357 off of the Committee of the Whole to the beginning of the meeting. Roxanne Murphy / Michael Lilliquist moved final approval of Resolution #2016-25 as amended. MOTION CARRIED 7-0. City of Bellingham Regular City Council Meeting Page 3 of 8 9/12/2016 Lake Whatcom Reservoir and Natural Resources 21352 1. Washington Conservation Corps End-of-Year Presentation Information only. 21353 2. Homeowner Incentive Program (HIP) Update Information only. 21354 3. Proposed Wetland and Habitat Mitigation Program Update Information only. Committee Of The Whole 21355 1. Discussion of Joint Legislative Agenda for 2017 Legislative Session Brian Heinrich, Deputy Administrator, gave a presentation in the afternoon session about items that were listed on the 2017 Legislative Agenda. In partnership with Whatcom County and The Port of Bellingham, the administration has made the following items priority for the Legislative Agenda:  Model Toxics Control Account (MTCA)  Implement Infrastructure Projects and Improvements  Aquatic Invasive Species Control  Fiscal Sustainability  Criminal Justice and Social Services Funding  Prevent the Clift in Homeless Funding  Housing Trust Fund, voter approved levy Pinky Vargas stated that if Initiative 1433 does not pass, the administration may look at adding to the Legislative Agenda. These items will move onto the County and the Port to review. City of Bellingham Regular City Council Meeting Page 4 of 8 9/12/2016 Gene Knutson / Roxanne Murphy moved to add all the items to the Legislative Agenda for the 2017 session. MOTION CARRIED 7-0. 21356 2. Planning and Community Development Department Work Program Update and Emerging Issues Information only. 4. Approval of Minutes No minutes were presented for approval. 5. Old/New Business Roxanne Murphy thanked the organizer, Jill McIntyre Witt, of the rally in support of the Standing Rock tribe of North Dakota. Mayor's Report Standing time for briefings, updates and reports to Council by the Mayor, if needed. Information only. Mayor Linville thanked Council Member Bornemann for representing her at the Eleanor House ribbon cutting. 21358 1. Mayor's Appointment of Rosalie Nast to the Mayor's Neighborhood Advisory Commission (Information) Information only. City of Bellingham Regular City Council Meeting Page 5 of 8 9/12/2016 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. 21359 1. Approve the Mayor to Enter Into a Joint Funding Agreement Between the City of Bellingham and the US Department of Interior / US Geological Survey for Water Resources Investigation 21360 2. Approve the Washington State Department of Ecology Inter-Agency Agreement to Sponsor the Washington Conservation Corps Members to Complete Natural Resource Projects in Whatcom County 21330 3. An Ordinance of the City of Bellingham, Washington, Regarding the Latecomer Process Amending Chapters 14.02 and 2.56 of the Bellingham Municipal Code AN ORDINANCE OF THE CITY OF BELLINGHAM, WASHINGTON REGARDING THE LATECOMER PROCESS, AMENDING CHAPTERS 14.02 AND 2.56 OF THE BELLINGHAM MUNICIPAL CODE This item was pulled from the Consent Agenda so the ordinance could be considered. Three readings must take place before final consideration. Gene Knutson / Dan Hammill moved approval for first and second reading. MOTION CARRIED 7-0. 21362 4. Bid Award for Sehome Reservoir Sealing and Lining, Bid #50B-2016 21363 5. Authorization of Payroll Labor Cost Payments Dated August 1, 2016 - August 25, 2016 21364 6. Authorization of A/P Checks Issued August 26, 2016 21365 7. Authorization of A/P Checks Issued September 1, 2016 Gene Knutson / April Barker moved approval of the Consent Agenda in its entirety. MOTION CARRIED 7-0. City of Bellingham Regular City Council Meeting Page 6 of 8 9/12/2016 Final Consideration of Ordinances 21331 1. Complete Networks Ordinance for Multimodal Transportation Planning AN ORDINANCE OF THE CITY OF BELLINGHAM, WASHINGTON ADOPTING BELLINGHAM'S COMPLETE NETWORKS APPROACH TO MULTIMODAL TRANSPORTATION PLANNING STATING THE GUIDING PRINCIPLES AND PRACTICES TO ENSURE COMPLIANCE WITH RCW 47.04.320 COMPLETE STREETS GRANT FUNDING PROGRAM Roxanne Murphy / 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: BARKER, BORNEMANN, HAMMILL, KNUTSON, LILLIQUIST, MURPHY, VARGAS NAYS: EXCUSED: MOTION CARRIED and was thereafter named Ordinance #2016-09-032. 21343 2. An Ordinance Relating to the 2015/2016 Library Gift Fund Budget Increasing Budgeted Revenues, Decreasing Estimated Ending Reserves and Increasing Appropriated Expenditures AN ORDINANCE AMENDING THE 2015/2016 ADOPTED BUDGET INCREASING BUDGETED REVENUES IN THE AMOUNT OF $46,000, INCREASING APPROPRIATED EXPENDITURES IN THE AMOUNT OF $90,000 AND DECREASING ESTIMATED ENDING RESERVES BY $44,000 IN THE LIBRARY GIFT FUND 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 #2016-09-033. City of Bellingham Regular City Council Meeting Page 7 of 8 9/12/2016 Adjournment There being no further business, the meeting adjourned at 8:08 p.m. ____________________________________________ Pinky Vargas, Council President ____________________________________________ ATTEST: Elisabeth Oakes, City Clerk Representative APPROVED: September 26, 2016 City of Bellingham Regular City Council Meeting Page 8 of 8 9/12/2016

Agenda

City of Bellingham City Council Regular Meeting Agenda 09/12/2016, 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. 1. On Monday, September 19, 2016, 1:00 - 3:00 PM, the City Council will host a Special Meeting related to the Comprehensive Plan in Council Chambers. 2. On Monday, September 26, 2016, at 7:00 PM in the Council Chambers, the City Council will host a Public Hearing on the matter of the request to allow connection to municipal sewer for an existing residence located at 3214 Locust Avenue in the City of Bellingham Urban Growth Area. Pledge of Allegiance Roll Call Public Hearing 21351 1. Resolution Authorizing the Relinquishment of Surplus Utility p. 1 Easements and Use Restrictions Reserved During Prior Street Vacations in the Waterfront District A RESOLUTION OF THE CITY OF BELLINGHAM, WASHINGTON AUTHORIZING RELINQUISHMENT OF SURPLUS UTILITY EASEMENTS AND USE RESTRICTIONS RESERVED DURING PRIOR STREET VACATIONS IN THE WATERFRONT DISTRICT 15-Minute Public Comment Period 1 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: Lake Whatcom Reservoir and Natural Resources 1:00 PM Daniel Hammill, Chair Terry Bornemann; Gene Knutson 21352 1. Washington Conservation Corps End-of-Year Presentation p. 36 21353 2. Homeowner Incentive Program (HIP) Update p. 38 21354 3. Proposed Wetland and Habitat Mitigation Program Update p. 50 Committee Of The Whole 1:40 PM Pinky Vargas, Chair April Barker; Gene Knutson; Daniel Hammill; Terry Bornemann; Michael Lilliquist; Roxanne Murphy 21355 1. Discussion of Joint Legislative Agenda for 2017 Legislative p. 52 Session 21356 2. Planning and Community Development Department Work p. 57 Program Update and Emerging Issues 21357 3. Resolution Regarding the Dakota Access Pipeline p. 63 RESOLUTION EXPRESSING CONCERN REGARDING ALLEGED VIOLATIONS OF DUE PROCESS AND LACK OF MEANINGFUL TRIBAL CONSULTATION REGARDING PERMITS FOR THE DAKOTA ACCESS PIPELINE 4. Approval of Minutes 2 5. Old/New Business Mayor's Report Standing time for briefings, updates and reports to Council by the Mayor, if needed. Information only. 21358 1. Mayor's Appointment of Rosalie Nast to the Mayor's p. 67 Neighborhood Advisory Commission (Information) 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. 21359 1. Approve the Mayor to Enter Into a Joint Funding Agreement p. 69 Between the City of Bellingham and the US Department of Interior / US Geological Survey for Water Resources Investigation 21360 2. Approve the Washington State Department of Ecology Inter- p. 75 Agency Agreement to Sponsor the Washington Conservation Corps Members to Complete Natural Resource Projects in Whatcom County 21330 3. An Ordinance of the City of Bellingham, Washington, p. 83 Regarding the Latecomer Process Amending Chapters 14.02 and 2.56 of the Bellingham Municipal Code AN ORDINANCE OF THE CITY OF BELLINGHAM, WASHINGTON REGARDING THE LATECOMER PROCESS, AMENDING CHAPTERS 14.02 AND 2.56 OF THE BELLINGHAM MUNICIPAL CODE 21362 4. Bid Award for Sehome Reservoir Sealing and Lining, Bid #50B- p. 96 2016 21363 5. Authorization of Payroll Labor Cost Payments Dated August 1, p. 100 2016 - August 25, 2016 21364 6. Authorization of A/P Checks Issued August 26, 2016 p. 101 21365 7. Authorization of A/P Checks Issued September 1, 2016 p. 102 3 Final Consideration of Ordinances 21331 1. Complete Networks Ordinance for Multimodal p. 103 Transportation Planning AN ORDINANCE OF THE CITY OF BELLINGHAM, WASHINGTON ADOPTING BELLINGHAM'S COMPLETE NETWORKS APPROACH TO MULTIMODAL TRANSPORTATION PLANNING STATING THE GUIDING PRINCIPLES AND PRACTICES TO ENSURE COMPLIANCE WITH RCW 47.04.320 COMPLETE STREETS GRANT FUNDING PROGRAM 21343 2. An Ordinance Relating to the 2015/2016 Library Gift Fund p. 126 Budget Increasing Budgeted Revenues, Decreasing Estimated Ending Reserves and Increasing Appropriated Expenditures AN ORDINANCE AMENDING THE 2015/2016 ADOPTED BUDGET INCREASING BUDGETED REVENUES IN THE AMOUNT OF $46,000, INCREASING APPROPRIATED EXPENDITURES IN THE AMOUNT OF $90,000 AND DECREASING ESTIMATED ENDING RESERVES BY $44,000 IN THE LIBRARY GIFT FUND 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. 4 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 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 09/26/2016 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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