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City Council - Regular Meeting

Regular Meeting

Bellingham, WA · November 7, 2016

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Minutes

City of Bellingham City Council Regular Meeting Minutes 11/07/2016, 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: 1. On Monday, November 14th, the Bellingham City Council will host a Public Hearing on the 2017-2018 Biennial Budget at 7:00 PM in Council Chambers. Bellingham City Council meets all requirements of the State of Washington Open Public Meetings Act. Pledge of Allegiance Led by Council President Vargas. 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 Michael Lilliquist, Council Member, Sixth Ward Roxanne Murphy, Council Member, At Large Excused: Terry Bornemann, Council Member, Fifth Ward Public Hearing 21410 1. A Public Hearing to Consider Two Requests to Docket Comprehensive Plan Amendments for Review in 2016-2017 City of Bellingham Regular City Council Meeting Page 1 of 8 11/7/2016 Moshe Quinn, Planner, explained the two requests before Council for consideration. Council President Vargas opened the public hearing. Ron Jepson, addressed the particulars of the parcel being submitted for consideration. Jeff Kvamme, spoke in support of the plan amendment and asked Council to consider docketing the property. There being no further comments, the public hearing was closed. Gene Knutson / April Barker moved final approval of Resolution #2016-26. MOTION CARRIED 6-0-1, Terry Bornemann excused. 15-Minute Public Comment Period David Cunningham, raised concerns with Policy H-18 of the Comprehensive Plan, and feels the neighborhood association's input has not been included. He also would like enforcement of the zoning codes within the neighborhoods of the city. He requested that Policy H-18 of the Comprehensive Plan be removed. Anne Mackie, asked the Council to remove Policy H-18. She described the process understanding the policy and feels it was not forthcoming and transparent. Since the policy has been made available she feels it does not comply with single-family zoning. She complained that the new additions allowed under Policy H-18 were not brought to light until the last hour for review. Dick Conoboy, addressed the way assessing inventory of ADUs has been proposed. Chris Deile, complained that funding for Parks and Recreation is larger than funds going towards housing solutions for the homeless. Jean Richardson, stated she would like a fair review of Policy H-18. She feels there has been little enforcement concerning illegal ADUs and is concerned how infill is being implemented. Eric Scott, objected to Policy H-18, and feels it was written for stakeholders that financially benefit from the policy. City of Bellingham Regular City Council Meeting Page 2 of 8 11/7/2016 Public Works / Public Safety 21411 1. Department of Ecology Lift Station SRF Loan Applications Presentation during committee. Information only. 21412 2. An Ordinance of the City of Bellingham, Washington, Amending Various Sections of the Bellingham Municipal Code in Order to Adopt by Reference Several Criminal Codes of the Revised Code of Washington Gene Knutson / Michael Lilliquist moved approval for first and second reading. MOTION CARRIED 6-0-1, Terry Bornemann excused. (This agenda bill number will be changed back to original number of #21398 at third and final reading.) 21413 3. Authorize First Amendment to Agreement for Inmate Housing with South Correctional Entity ("SCORE") Gene Knutson / Michael Lilliquist moved to authorize the Mayor to execute the amendment to the interlocal agreement. MOTION CARRIED 6-0-1, Terry Bornemann excused. 21414 4. Authorize First Amendment to Inmate Housing Agreement with Yakima County Department of Corrections Gene Knutson / Michael Lilliquist moved to authorize the Mayor to execute the amendment to the agreement. MOTION CARRIED 6-0-1, Terry Bornemann excused. Finance and Personnel 21415 1. An Ordinance Amending the 2015-16 Adopted Budget Appropriating an Additional $1,122,100 of Expenditures to Account for a Change in Accounting Practice Roxanne Murphy / Gene Knutson moved approval for first and second reading. MOTION CARRIED 6-0-1, Terry Bornemann excused. 21416 2. Ordinance Amending the 2015/2016 Medic One Budget for Vehicle Purchase, Facilities Repair and Salaries Roxanne Murphy / Dan Hammill moved approval for first and second reading. MOTION CARRIED 6-0-1, Terry Bornemann excused. City of Bellingham Regular City Council Meeting Page 3 of 8 11/7/2016 Committee Of The Whole 21417 1. Resolution Setting the 2017 City Council Meeting Calendar Pinky Vargas / Roxanne Murphy moved final approval of Resolution #2016-27. MOTION CARRIED 6-0-1, Terry Bornemann excused. 21418 2. A Resolution by the City Council of Bellingham, Making a Declaration of Substantial Need for the Purposes of Setting the Limit Factor for the 2017 Property Tax Levy Pinky Vargas / Roxanne Murphy moved final approval of Resolution #2016-28. MOTION CARRIED 6-0-1, Terry Bornemann excused. 21419 3. 2017 Property Tax Ordinance Pinky Vargas / Gene Knutson moved approval for first and second reading. MOTION CARRIED 6-0-1, Terry Bornemann excused. 21247 4. Committee of the Whole Work Session on the Draft 2016 Bellingham Comprehensive Plan Council Member Lilliquist informed all of the modifications that were made to the draft Comprehensive Plan. He pointed out that Policy H-18 was first introduced at the beginning of 2016 and was known as policy H-15 at the time (January 2016). He emphasized that the current policy was not slipped in at the last minute. He reminded Council that by adding the word "evaluate," it opens the door only for discussion and does not change the zoning. Council Member Knutson relayed it was not his first choice to keep the H-18 Policy but he would not want to vote against the whole plan. He appreciates that the word "evaluate" was added and citizen involvement is critical to the process. Council Member Barker feels the objection to implement Policy H-18 is a good example of community involvement catching missteps of the process. She also encourages residents to read the comment tracker and track progress of the Comprehensive Plan. Council Member Vargas feels the Comprehensive Plan is a great body of work that the staff should be very proud of and thanked all who worked on the document. Council Member Murphy expressed she is excited to work on the implementation of the plan. She feels there are many great values in the plan and looks forward to partnering with the community. City of Bellingham Regular City Council Meeting Page 4 of 8 11/7/2016 Pinky Vargas / Gene Knutson moved approval for first and second reading of the Comprehensive Plan ordinance. MOTION CARRIED 6-0-1, Terry Bornemann excused. 5. Approval of City Council Committee and/or Special Meeting Minutes Roxanne Murphy / Michael Lilliquist moved approval of the October 24, 2016 minutes of the regular City Council meeting as submitted. MOTION CARRIED 6-0-1, Terry Bornemann excused. Roxanne Murphy / April Barker moved approval of the October 17, 2016 minutes of the Special City Council meeting as submitted. MOTION CARRIED 6-0-1, Terry Bornemann excused. 6. Old/New Business Council Member Murphy reminded all to vote. Council President Vargas reported that there are only two months left until the award is given to the winner of the Georgetown Energy Prize. She plans to attend an event that promotes the energy prize and will address delegates from other cities at an event in Pittsburg next week. 21386 7. Work Session on the 2017/18 Biennial Budget Presentations are scheduled for completion by November 14, 2016. Information only. Executive Session - Report and Action only. 1. Potential Property Acquisition Staff provided information on a potential property acquisition. Action: Dan Hammill / Roxanne Murphy moved to authorize the purchase of 58 acres in the Lake Whatcom watershed from Marlen Enterprises for $100,000 with an anticipated closing date of November 21, 2016. MOTION CARRIED 6-0-1, Terry Bornemann excused. 2. Potential Litigation Staff provided information on a potential litigation matter. Action: Gene Knutson / Michael Lilliquist moved to authorize the City Attorney's Office to file a motion to intervene in Whatcom County Association of Realtors, et al. v. City of Bellingham Regular City Council Meeting Page 5 of 8 11/7/2016 Whatcom County, Western Washington Growth Management Hearings Board Case No. 16-2-0007. MOTION CARRIED 6-0-1, Terry Bornemann excused. 3. Potential Property Acquisition Staff provided information on a potential property acquisition. 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. Mayor Linville reminded Council that a form for suggestions regarding the budget is in the meeting's packet. If they have suggestions, they need to be returned by November 14, 2016, in time for the meeting's discussion at the work session. 21420 1. Mayor's Appointment of Sharon Rutherford and Mary Welch to the Bellingham-Whatcom County Commission Against Domestic Violence (Information) Information only. The Mayor appoints Sharon Rutherford as the Health Care Provider to her first partial term on the Bellingham-Whatcom County Commission Against Domestic Violence, which will end on January 31, 2019, at which time she may be reappointed. The Mayor appoints Mary Welch as the Domestic Violence Service Provider to her first partial term on the Bellingham-Whatcom County Commission Against Domestic Violence, which will end on January 31, 2017, at which time she may be reappointed. 21421 2. Mayor's Reappointment of Skylar Hinkley to the Greenway Advisory Committee (Approval) Roxanne Murphy / Gene Knutson moved approval of the reappointment of Skylar Hinkley to his first full term to the Greenway Advisory Committee, which will expire October 28, 2019, at which time he may be reappointed. MOTION CARRIED 6-0-1, Terry Bornemann excused. City of Bellingham Regular City Council Meeting Page 6 of 8 11/7/2016 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. 21422 1. Authorization of Payroll Labor Cost Payments Dated September 24, 2016 - October 10, 2016 21423 2. Authorization of A/P Checks Issued October 21, 2016 21424 3. Authorization of A/P Checks Issued October 28, 2016 21425 4. Consideration of Final Plat Approval for The Village Green Preliminary Plat Gene Knutson / Roxanne Murphy moved approval of Resolution #2016-29 granting final plat approval for Village Green Preliminary Plat. MOTION CARRIED 6-0-1, Terry Bornemann excused. Gene Knutson / Roxanne Murphy moved approval of the Consent Agenda in its entirety. MOTION CARRIED 6-0-1, Terry Bornemann excused. Final Consideration of Ordinances 20196 1. Third and Final Reading of a Street Vacation Ordinance Associated with Costco Wholesale AN ORDINANCE RELATING TO THE VACATION OF AN UNNAMED EAST WEST RIGHT-OF-WAY GENERALLY LOCATED NORTH OF WEST BAKERVIEW ROAD BETWEEN ARCTIC AVENUE AND PACIFIC HIGHWAY ALL WITHIN THE CITY OF BELLINGHAM 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, HAMMILL, KNUTSON, LILLIQUIST, MURPHY, VARGAS NAYS: EXCUSED: BORNEMANN MOTION CARRIED and was thereafter named #Ordinance #2016-11-036. City of Bellingham Regular City Council Meeting Page 7 of 8 11/7/2016 Adjournment There being no further business, the meeting was adjourned at 8:04 p.m. ____________________________________________ Pinky Vargas, Council President ____________________________________________ ATTEST: Elisabeth Oakes, City Clerk Representative APPROVED: December 5, 2016 City of Bellingham Regular City Council Meeting Page 8 of 8 11/7/2016

Agenda

City of Bellingham City Council Regular Meeting Agenda 11/07/2016, 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, November 14th, the Bellingham City Council will host a Public Hearing on the 2017-2018 Biennial Budget at 7:00 PM in Council Chambers. Pledge of Allegiance Roll Call Public Hearing 21410 1. A Public Hearing to Consider Two Requests to Docket p. 1 Comprehensive Plan Amendments for Review in 2016-2017 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. 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 10:30 AM Terry Bornemann, Chair Gene Knutson; Roxanne Murphy 21411 1. Department of Ecology Lift Station SRF Loan Applications p. 56 21412 2. An Ordinance of the City of Bellingham, Washington, p. 59 Amending Various Sections of the Bellingham Municipal Code in Order to Adopt by Reference Several Criminal Codes of the Revised Code of Washington 21413 3. Authorize First Amendment to Agreement for Inmate Housing p. 67 with South Correctional Entity ("SCORE") 21414 4. Authorize First Amendment to Inmate Housing Agreement p. 70 with Yakima County Department of Corrections Finance and Personnel 1:00 PM Roxanne Murphy, Chair Daniel Hammill; Michael Lilliquist 21415 1. An Ordinance Amending the 2015-16 Adopted Budget p. 74 Appropriating an Additional $1,122,100 of Expenditures to Account for a Change in Accounting Practice 21416 2. Ordinance Amending the 2015/2016 Medic One Budget for p. 77 Vehicle Purchase, Facilities Repair and Salaries Committee Of The Whole 1:10 PM Pinky Vargas, Chair April Barker; Gene Knutson; Daniel Hammill; Terry Bornemann; Michael Lilliquist; Roxanne Murphy 21417 1. Resolution Setting the 2017 City Council Meeting Calendar p. 80 21418 2. A Resolution by the City Council of Bellingham, Making a p. 84 Declaration of Substantial Need for the Purposes of Setting the Limit Factor for the 2017 Property Tax Levy 21419 3. 2017 Property Tax Ordinance p. 89 21247 4. Committee of the Whole Work Session on the Draft 2016 p. 93 Bellingham Comprehensive Plan 2 5. Approval of City Council Committee and/or Special Meeting Minutes 6. Old/New Business 21386 7. Work Session on the 2017/18 Biennial Budget (in the Mayor's p. 244 Board Room) Executive Session 3:35 PM Closed to the public. Report in the Regular Meeting only: 1. Potential Property Acquisition (Stamps, approx. 5 min) 2. Potential Litigation (Marriner, approx. 10 min) 3. Potential Property Acquisition (Marriner, approx. 15 min) Mayor's Report Standing time for briefings, updates and reports to Council by the Mayor, if needed. Information only. 21420 1. Mayor's Appointment of Sharon Rutherford and Mary Welch p. 246 to the Bellingham-Whatcom County Commission Against Domestic Violence (Information) 21421 2. Mayor's Reappointment of Skylar Hinkley to the Greenway p. 249 Advisory Committee (Approval) 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. 21422 1. Authorization of Payroll Labor Cost Payments Dated p. 250 September 24, 2016 - October 10, 2016 21423 2. Authorization of A/P Checks Issued October 21, 2016 p. 251 21424 3. Authorization of A/P Checks Issued October 28, 2016 p. 252 21425 4. Consideration of Final Plat Approval for The Village Green p. 253 Preliminary Plat 3 Final Consideration of Ordinances 20196 1. Third and Final Reading of a Street Vacation Ordinance p. 275 Associated with Costco Wholesale 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 11/14/2016 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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