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City Council - Regular Meeting

Regular Meeting

Bellingham, WA · March 13, 2017

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Minutes

City of Bellingham City Council Regular Meeting Minutes 03/13/2017, 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 Lilliquist at 7:00 p.m. Announcements & Upcoming Meetings: 1. The Annual Lake Whatcom Joint Councils and Commission Meeting will take place on Wednesday, March 29, 2017 from 6:30-8:30 PM in City Council Chambers. Bellingham City Council meets all requirements of the State of Washington Open Public Meetings Act. Pledge of Allegiance Led by Council President Lilliquist. 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: City of Bellingham Regular City Council Meeting Page 1 of 8 3/13/2017 Presentation 21532 1. Greenroads Certification - 25th Street Bike and Pedestrian Improvements Greenroads Executive Director, Jeralee Anderson, presented Bellingham City Council with an award for being certified at the Silver level. 15-Minute Public Comment Period Dick Conoboy, asked the Council to consider Public Banking and gave some information on the concept. Larry Sorensen, addressed Council about shielding illegal immigrants in the City. He also suggested that the speed limit on Electric Avenue be lowered to 25 mph. Casaundra Saunders, relayed her public safety concerns and de-escalation techniques the police employ. She would like the police to look at different strategies for preventing violence. Carrie Kovaleski, spoke about an incident that involved an illegal immigrant in Tacoma. She relayed that Governor Inslee ordered state officials to not cooperate with Federal agents and is concerned about laws not being enforced. Riley Sweeney, highlighted the many parks and activities in Ferndale that will be coming soon. Galen Herz, spoke about the high price of housing. He feels investors buy up the inventory. He relayed that Bellingham is quickly becoming a town of wealthy investors where middle income persons cannot afford to live. He asked that the City work on building housing that is affordable for all. Council Standing Committee Meetings: Public Works / Public Safety 21517 1. Proposal to Remove On-Street Parking from Orleans and Woburn Streets Terry Bornemann / Gene Knutson moved to send the item, as to Orleans, back to Committee to look at alternatives and consider changing the parking removal to the east side. MOTION CARRIED 6-1. April Barker opposed. As to Woburn, the Committee approved the staff proposal. City of Bellingham Regular City Council Meeting Page 2 of 8 3/13/2017 21533 2. Resolution Changing McKenzie to One Way Westbound Between 9th and 8th Streets in Fairhaven Terry Bornemann / Gene Knutson moved to send the item back to Committee for more discussion. MOTION CARRIED 7-0. Finance and Personnel 21534 1. Interlocal Agreement Between Bellingham Public Library and Whatcom County Rural Library District for the Mutual Extension of Borrowing Privileges and Services Roxanne Murphy / Dan Hammill moved to authorize the Mayor to enter into an Interlocal Agreement between Bellingham Public Library and Whatcom County Rural Library District for the Mutual Extension of Borrowing Privileges and Services. MOTION CARRIED 7-0. 21535 2. 2016 Financial Review Presentation during Committee. Information only. Lake Whatcom Reservoir and Natural Resources 21519 1. An Ordinance Amending BMC 12.12.280 Regarding Aquatic Invasive Species Dan Hammill / Gene Knutson moved to table the item until staff provides the costs that relate to the portion of the program that provides off-site inspections on private property. MOTION CARRIED 6-1. April Barker opposed. Parks and Recreation 21536 1. Northwest Youth Services "We Grow" Garden Lease Agreement April Barker reported that the Review Committee authorized the summary process. April Barker reported that the Review Committee authorized the negotiation and execution of an agreement between the City of Bellingham and Northwest Youth Services for a garden lease agreement consistent with the attachments in the packet. City of Bellingham Regular City Council Meeting Page 3 of 8 3/13/2017 Community and Economic Development 21537 1. Review of the Planning and Community Development Department's Community and Economic Development Division's Work Program Presentation during Committee. Various projects were highlighted within the Work Program. Important to note that the Streetscapes Replacement Program and resurfacing the Commercial Street parking garage will be a high priority. A City Center Recognition Program will be working with the Mayor's Office to give awards to businesses that have made efforts to improve downtown's built environment. The City has also started a Food Truck pilot program and the public will notice more food trucks in the downtown area. Information only. Committee Of The Whole 21538 1. Downtown Foot Patrol Presentation during Committee. Two officers are assigned to the Downtown District. Local downtown businesses and the Downtown Bellingham Partnership reported their appreciation and support of the program. Information only. 21539 2. A Presentation on the Downtown Bellingham Partnership 2016 Accomplishments and 2017 Work Program Presentation during Committee. Alice Clark, Executive Director of the Downtown Bellingham Partnership, reported many of the projects and services they provided last year and upcoming events for this year. Information only. 3. Approval of City Council Committee and/or Special Meeting Minutes Michael Lilliquist / Roxanne Murphy moved approval of the February 13, 2017 minutes of the Regular City Council meeting as amended. MOTION CARRIED 7-0. Gene Knutson / Roxanne Murphy moved approval of the February 27, 2017 minutes of the Regular City Council meeting as submitted. MOTION CARRIED 7-0. 4. Old/New Business Roxanne Murphy encouraged riders to check the WTA's (Whatcom Transportation Authority) website for route schedule changes. Starting March 19, 2017, some services will change. One addition to note will be bus routes to the Bellingham Airport. Schedules can be found at www.ridewta.com. City of Bellingham Regular City Council Meeting Page 4 of 8 3/13/2017 April Barker reported that the Language Exchange Program just ended. The program was funded by the Whatcom Community Foundation for Project Neighborly. A YIMBY (Yes, In My BackYard), event will take place in the Happy Valley Neighborhood which includes a movie viewing. It is a tool to help build community. For more information, see http://www.whatcomcf.org/news/whatcom-county-gets-neighborly/. Michael Lilliquist reported that the Council Retreat will be held at Woodstock Farm on Saturday, March 25, 2017 from 9:00 am to 12:00 pm. Executive Session - Report and Action only. 1. Labor Negotiations with WhatComm Dispatcher's Guild: Review Proposals Reviewed proposals. For information and discussion only. No action taken. 2. Potential Litigation: Claim No. 2017-07 Staff provided information on a potential litigation matter. Action: Michael Lilliquist / Gene Knutson moved to authorize the Mayor to enter into a settlement agreement with the following terms: resolution of claim number 2017-07 for the payment of $40,443.81 to the claimant for water related damages. MOTION CARRIED 7-0. 3. Litigation: Haskell Corporation v. City of Bellingham Staff provided information on a litigation matter. Action: Terry Bornemann / Gene Knutson moved to authorize the Mayor to engage Mr. Kinnon Williams for outside legal services in this case in order to assist the City Attorney's office in representing the City. MOTION CARRIED 7-0. 4. Potential Litigation Staff provided information on a potential litigation matter. 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. City of Bellingham Regular City Council Meeting Page 5 of 8 3/13/2017 21540 1. Mayor's Appointment of Matthew Dennis to the Mayor's Neighborhood Advisory Commission (Information) The Mayor appoints Matthew Dennis as the Cordata Neighborhood Primary Representative to his first partial term on the Neighborhood Advisory Commission, which will expire on June 8, 2018, at which time he may be reappointed. Information only. 21541 2. Mayor's Reappointment of David Christensen to the Historic Preservation Commission (Approval) Roxanne Murphy / Gene Knutson moved approval of the appointment of David Christensen to his sixth term on the Historic Preservation Commission, which will expire on March 1, 2020, at which time he may be reappointed. MOTION CARRIED 7-0. 21542 3. Mayor's Appointment of Jim McCabe and Rebecca Craven to the Bellingham Public Library Board of Trustees (Approval) Roxanne Murphy / Gene Knutson moved approval of the appointment of Jim McCabe to his first partial term, on the Bellingham Public Library Board of Trustees, which will expire on March 10, 2019, at which time he may be reappointed. MOTION CARRIED 7-0. Roxanne Murphy / Gene Knutson moved approval of the appointment of Rebecca Craven to her first term, on the Bellingham Public Library Board of Trustees, which will expire on March 13, 2022, at which time she may be reappointed. MOTION CARRIED 7-0. 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. 21543 1. A Resolution Setting the Date and Time for a Public Hearing Before the Hearing Examiner for Consideration of a Street Vacation Petition for a Portion of the Southerly 20 Feet of Cody Avenue Between 20th and 22nd Streets Res. #2017-11 "A RESOLUTION OF THE CITY OF BELLINGHAM, WASHINGTON FIXING THE TIME FOR A PUBLIC HEARING TO CONSIDER A STREET VACATION PETITION FOR THE SOUTHERLY 20 FEET OF CODY AVENUE ABUTTING LOT A OF THE ARPS - HOYER LOT LINE ADJUSTMENT GENERALLY LOCATED BETWEEN 20th AND 22nd STREETS IN THE HAPPY VALLEY NEIGHBORHOOD." City of Bellingham Regular City Council Meeting Page 6 of 8 3/13/2017 21544 2. A Resolution Setting the Date and Time for a Public Hearing Before the Hearing Examiner for Consideration of a Street Vacation Petition for a Southerly Portion of McKenzie Avenue Between 8th and 9th Streets Res. #2017-12 "A RESOLUTION OF THE CITY OF BELLINGHAM, WASHINGTON FIXING THE TIME FOR A PUBLIC HEARING TO CONSIDER A STREET VACATION PETITION FOR A SOUTHERLY PORTION OF MCKENZIE AVENUE RIGHT- OF-WAY GENERALLY BETWEEN 8TH AND 9TH STREETS IN THE FAIRHAVEN NEIGHBORHOOD." 21545 3. Post Point Wastewater Treatment Plant Air Compressor, Bid #6B- 2017 21546 4. Approve and Authorize the Mayor to Enter into an Interlocal Agreement Between the City of Bellingham and Whatcom County for the Aquatic Invasive Species (AIS) Boat Inspection Program 21547 5. Authorize the Mayor to Enter into an Interlocal Agreement Between the City of Bellingham and Lake Whatcom Water and Sewer District for the Aquatic Invasive Species (AIS) Boat Inspection Program 21548 6. Authorization of Payroll Labor Cost Payments Dated February 11, 2017 - February 24, 2017 21549 7. Authorization of A/P Checks Issued February 24, 2017 21550 8. Authorization of A/P Checks Issued March 3, 2017 Roxanne Murphy / Pinky Vargas moved approval of the Consent Agenda in its entirety. MOTION CARRIED 7-0. Final Consideration of Ordinances 21518 1. An ordinance revising the Bellingham Municipal Code to Make Low Impact Development the Preferred and Commonly-used Approach to Site Development as Required by the City's National Pollution Discharge Elimination System Phase II Municipal Stormwater Permit Terry Bornemann / Gene Knutson moved to send the ordinance back to Committee of the Whole to discuss and review proposed changes. MOTION CARRIED 5-2. Pinky Vargas and Roxanne Murphy opposed. City of Bellingham Regular City Council Meeting Page 7 of 8 3/13/2017 Adjournment There being no further business, the meeting was adjourned at 8:03 pm. Michael Lilliquist, Council President ATTEST: Elisabeth Oakes, City Clerk Representative APPROVED: March 27, 2017 City of Bellingham Regular City Council Meeting Page 8 of 8 3/13/2017

Agenda

City of Bellingham City Council Regular Meeting Agenda 03/13/2017, 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. The Annual Lake Whatcom Joint Councils and Commission Meeting will take place on Wednesday, March 29, 2017 from 6:30-8:30 PM in City Council Chambers. Pledge of Allegiance Roll Call Presentation 21532 1. Greenroads Certification - 25th Street Bike and Pedestrian p. 1 Improvements 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 1 Committee Meeting at the Regular Meeting in the evening prior to deliberation and formal vote in the order shown below: Public Works / Public Safety 1:00 PM Terry Bornemann, Chair Roxanne Murphy; Gene Knutson 21517 1. Proposal to Remove On-Street Parking from Orleans and p. 3 Woburn Streets 21533 2. Resolution Changing McKenzie to One Way Westbound p. 29 Between 9th and 8th Streets in Fairhaven Finance and Personnel 1:30 PM Roxanne Murphy, Chair Pinky Vargas; Dan Hammill 21534 1. Interlocal Agreement Between Bellingham Public Library and p. 32 Whatcom County Rural Library District for the Mutual Extension of Borrowing Privileges and Services 21535 2. 2016 Financial Review p. 35 Lake Whatcom Reservoir and Natural Resources 2:00 PM Daniel Hammill, Chair Gene Knutson; Terry Bornemann 21519 1. An Ordinance Amending BMC 12.12.280 Regarding Aquatic p. 36 Invasive Species Parks and Recreation 2:10 PM April Barker, Chair Roxanne Murphy; Pinky Vargas 21536 1. Northwest Youth Services "We Grow" Garden Lease p. 42 Agreement Community and Economic Development 2:20 PM Pinky Vargas, Chair April Barker; Roxanne Murphy 21537 1. Review of the Planning and Community Development p. 49 Department's Community and Economic Development Division's Work Program 2 Committee Of The Whole 2:40 PM Michael Lilliquist, Chair April Barker; Gene Knutson; Daniel Hammill; Pinky Vargas; Terry Bornemann; Roxanne Murphy 21538 1. Downtown Foot Patrol p. 54 21539 2. A Presentation on the Downtown Bellingham Partnership p. 55 2016 Accomplishments and 2017 Work Program 3. Approval of City Council Committee and/or Special Meeting Minutes 4. Old/New Business Executive Session 3:20 PM Closed to the public. Report in the Regular Meeting only: 1. Labor Negotiations with WhatComm Dispatcher's Guild: Review Proposals (Erb, approx. 10 min) 2. Potential Litigation: Claim No. 2017-07 (Brady, approx. 5 min) 3. Litigation: Haskell Corporation v. City of Bellingham (Brady, approx. 10 min) Mayor's Report Standing time for briefings, updates and reports to Council by the Mayor, if needed. Information only. 21540 1. Mayor's Appointment of Matthew Dennis to the Mayor's p. 57 Neighborhood Advisory Commission (Information) 21541 2. Mayor's Reappointment of David Christensen to the Historic p. 59 Preservation Commission (Approval) 21542 3. Mayor's Appointment of Jim McCabe and Rebecca Craven to p. 60 the Bellingham Public Library Board of Trustees (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. 3 21543 1. A Resolution Setting the Date and Time for a Public Hearing p. 69 Before the Hearing Examiner for Consideration of a Street Vacation Petition for a Portion of the Southerly 20 Feet of Cody Avenue Between 20th and 22nd Streets 21544 2. A Resolution Setting the Date and Time for a Public Hearing p. 74 Before the Hearing Examiner for Consideration of a Street Vacation Petition for a Southerly Portion of McKenzie Avenue Between 8th and 9th Streets 21545 3. Post Point Wastewater Treatment Plant Air Compressor, Bid p. 79 #6B-2017 21546 4. Approve and Authorize the Mayor to Enter into an Interlocal p. 81 Agreement Between the City of Bellingham and Whatcom County for the Aquatic Invasive Species (AIS) Boat Inspection Program 21547 5. Authorize the Mayor to Enter into an Interlocal Agreement p. 87 Between the City of Bellingham and Lake Whatcom Water and Sewer District for the Aquatic Invasive Species (AIS) Boat Inspection Program 21548 6. Authorization of Payroll Labor Cost Payments Dated February p. 93 11, 2017 - February 24, 2017 21549 7. Authorization of A/P Checks Issued February 24, 2017 p. 94 21550 8. Authorization of A/P Checks Issued March 3, 2017 p. 95 Final Consideration of Ordinances 21518 1. An ordinance revising the Bellingham Municipal Code to p. 96 Make Low Impact Development the Preferred and Commonly-used Approach to Site Development as Required by the City's National Pollution Discharge Elimination System Phase II Municipal Stormwater Permit Adjournment Agenda Information: 4 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 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 03/27/2017 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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