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City Council - Regular Meeting

Regular Meeting

Bellingham, WA · May 21, 2018

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Minutes

City of Bellingham City Council Regular Meeting Minutes May 21, 2018, 7:00 PM Mayor Kelli Linville Contact: (360) 778-8200, ccmail@cob.org Council Members April Barker, Gene Knutson, Daniel Hammill, www.cob.org/council Pinky Vargas, Terry Bornemann, Michael Lilliquist and All meetings are held in the City Hall Council Chambers at Roxanne Murphy 210 Lottie Street, Bellingham, WA, unless otherwise noted. Call to Order The meeting was called to order by Council President Murphy at 7:00 p.m. Announcements & Upcoming Meetings Bellingham City Council meets all requirements of the State of Washington Open Meetings Act. 1. On Monday, June 4th, there will be a Public Hearing on the proposed surplus of five real property parcels. 2. On Monday, June 4th, there will be a Public Hearing on a draft ordinance amending the BMC regarding the regulation of commercial development. 3. On Monday, June 18th, there will be a Public Hearing on a draft ordinance for interim zoning regulations for temporary tent encampments. 4. On Monday, June 18th, there will be a Public Hearing on a draft ordinance establishing regulations for short-term rentals. 5. On Monday, June 18th, there will be a Public Hearing on proposed amendments to the BMC regarding construction in floodplains. Pledge of Allegiance Led by Council President Murphy. Roll Call Present: Council President Roxanne Murphy, At Large Council Member April Barker, First Ward Council Member Gene Knutson, Second Ward Council Member Dan Hammill, Third Ward Council Member Pinky Vargas, Fourth Ward Council Member Terry Bornemann, Fifth Ward Council Member Michael Lilliquist, Sixth Ward City of Bellingham Regular City Council Meeting Page 1 of 6 5/21/2018 Minutes Public Hearing 21954 1. Public Hearing to Consider Resolution of the Draft 2019-2024 Transportation Improvement Program (TIP) Chris Comeau, Transportation Planner, gave an overview of the projects on the 2019- 2024 Transportation Improvement Program. Council President Murphy opened the Public Hearing. Public Comment was taken. There being no further comments, the Public Hearing was closed. The written record will remain open until June 4, 2018, when the Council is scheduled to vote on the proposed resolution to adopt the 2019-2024 Transportation Improvement Program. 15-Minute Public Comment Period Public Comment was taken. Council Standing Committee Meetings: Public Works and Natural Resources Gene Knutson, Chair Terry Bornemann; Michael Lilliquist 21955 1. Bid Award for Texas Street Improvements, ES-0539, Bid #25B-2018 Gene Knutson / April Barker moved to award Bid No. ES-0539 for Texas Street Improvements to Colacurcio Brothers, Inc. of Blaine, WA as the lowest responsive, responsible bidder and to authorize the Mayor to enter into a contract with them for the amount of their bid, which is $1,003,061.00, which includes any applicable WSST. MOTION CARRIED 7-0. 21956 2. Presentation on the National Pollution Discharge Elimination System (NPDES) Municipal Stormwater Permit Requirements and the City's Stormwater Management Program Presentation during Committee. Staff provided information on how the City meets requirements of the Stormwater Management Program. Last year, the City issued 6,346 site visits and inspections, 161 correction notices, 17 stop work orders and four formal letters. Information only. 21957 3. Report from the May 14, 2018 Lake Whatcom Policy Group Meeting City of Bellingham Regular City Council Meeting Page 2 of 6 5/21/2018 Minutes Presentation during Committee. Council Member Lilliquist reported that the City will be issuing a survey to residents who live in the watershed areas to collect information on water quality. In addition, an update was given on Whatcom County's stormwater utility and creation of the citizen panel that will determine stormwater rate structure. The Aquatic Invasive Species boat inspection program has begun for the season. Lastly, the County is working on a program to inform visitors who use short-term rentals in the watershed. Information only. Finance and Personnel Daniel Hammill, Chair April Barker; Pinky Vargas 21958 1. 2018 First Quarter Financial Review Presentation during Committee. Council Member Hammill reported on the first quarter revenue expenses and construction permits. Information only. 21913 2. Committee Discussion on Municipal Finance Issues Presentation during Committee. Information only. Committee Of The Whole Roxanne Murphy, Chair April Barker; Gene Knutson; Daniel Hammill; Pinky Vargas; Terry Bornemann; Michael Lilliquist 1. Approval of Minutes Gene Knutson / April Barker moved approval of the May 7, 2018 minutes of the regular City Council meeting as amended. MOTION CARRIED 7-0. 2. Old/New Business Council Member Vargas announced that June 1, 2018 is National Gun Violence Awareness Day and read a mayoral proclamation that Mayor Linville issued that recognizes the day within the City of Bellingham. It can be recognized by wearing orange. Executive Session - Report and Action only. 1. Potential Litigation City of Bellingham Regular City Council Meeting Page 3 of 6 5/21/2018 Minutes Terry Bornemann / Dan Hammill moved to authorize the City to enter into an agreed order with the Washington State Department of Ecology requiring the City to perform engineering and design work to support the cleanup of the R.G. Haley site pursuant to the approved Cleanup Action Plan. MOTION CARRIED 7-0. 2. Litigation: Banaitis v. City of Bellingham, et. al. Staff provided information on a new litigation matter. For information and discussion. No action taken. 3. Potential Property Acquisition Staff provided information on a potential property acquisition. For information and discussion. No action taken. Mayor's Report Standing time for briefings, updates and reports to Council by the Mayor, if needed. Information only. 21959 1. Mayor's Appointment of Sam Mullen and John Moullen to the Loan Review Board (Information) The Mayor appoints Sam Mullen to his first term, which will expire on May 10, 2022, at which time he may be reappointed. The Mayor appoints John Moullen to his first term, which will expire on May 10, 2022, at which time he may be reappointed. Information only. 21960 2. Mayor's Appointment of Kathleen Roy to the Community Development Advisory Board (Information) The Mayor appoints Kathleen Roy to her first term, which will expire on May 17, 2021, at which time she may be reappointed. Information only. 21961 3. Mayor's Appointment of Eric Shew to the Bellingham Arts Commission (Approval) Terry Bornemann / Michael Lilliquist moved approval of the Mayor's appointment of Eric Shew to his first term on the Bellingham Arts Commission, which will expire on May 21, 2022, at which time he may be reappointed. MOTION CARRIED 7-0. 21962 4. Mayor's Reappointment of Dunham Gooding and Brent Walker to the Bellingham-Whatcom Public Facilities District (Approval) City of Bellingham Regular City Council Meeting Page 4 of 6 5/21/2018 Minutes Gene Knutson / Dan Hammill moved approval of the Mayor's reappointment of Dunham Gooding to his fifth term on the Bellingham-Whatcom Public Facilities District and Brent Walker to his fourth term on the Bellingham-Whatcom Public Facilities District, with both terms expiring on July 30, 2022. 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. 21963 1. Authorization of Payroll Labor Cost Payments Dated April 26, 2018 - May 10, 2018 21964 2. Authorization of A/P Checks Issued May 5, 2018 21965 3. Authorization of A/P Checks Issued May 11, 2018 Gene Knutson / Dan Hammill moved approval of the Consent Agenda in its entirety. MOTION CARRIED 7-0. Final Consideration of Ordinances 21922 1. Consideration of Revisions to Bellingham's Accessory Dwelling Unit Regulations Dan Hammill / 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: Murphy, Barker, Hammill, Vargas, Lilliquist NAYS: Bornemann, Knutson EXCUSED: (None) MOTION CARRIED and was thereafter named Ordinance #2018-05-009. 21949 2. An Ordinance of the City of Bellingham, Washington, Amending Sections 2.86.010 and 2.96.010 of the Bellingham Municipal Code Gene Knutson / April Barker 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: Murphy, Barker, Knutson, Hammill, Vargas, Bornemann, Lilliquist NAYS: (None) EXCUSED: (None) City of Bellingham Regular City Council Meeting Page 5 of 6 5/21/2018 Minutes MOTION CARRIED and was thereafter named Ordinance #2018-05-010. Adjournment There being no further business, the meeting adjourned at 8:22 p.m. Roxanne Murphy, Council President ATTEST: Elisabeth Oakes, City Clerk Representative APPROVED: 6/4/2018 City of Bellingham Regular City Council Meeting Page 6 of 6 5/21/2018 Minutes

Agenda

City of Bellingham City Council Regular Meeting Agenda May 21, 2018, 7:00 PM Mayor Kelli Linville Contact: (360) 778-8200, ccmail@cob.org Council Members April Barker, Gene Knutson, Daniel Hammill, www.cob.org/council Pinky Vargas, Terry Bornemann, Michael Lilliquist and All meetings are held in the City Hall Council Chambers at 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, June 4th, there will be a Public Hearing on the proposed surplus of five real property parcels. 2. On Monday, June 4th, there will be a Public Hearing on a draft ordinance amending the BMC regarding the regulation of commercial development. 3. On Monday, June 18th, there will be a Public Hearing on a draft ordinance for interim zoning regulations for temporary tent encampments. 4. On Monday, June 18th, there will be a Public Hearing on a draft ordinance establishing regulations for short-term rentals. 5. On Monday, June 18th, there will be a Public Hearing on proposed amendments to the BMC regarding construction in floodplains. Pledge of Allegiance Roll Call Public Hearing 21954 1. Public Hearing to Consider Resolution of the Draft 2019-2024 p. 5 Transportation Improvement Program (TIP) 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: Public Works and Natural Resources 1:00 PM Gene Knutson, Chair Terry Bornemann; Michael Lilliquist 21955 1. Bid Award for Texas Street Improvements, ES-0539, Bid #25B-2018 p. 60 21956 2. Presentation on the National Pollution Discharge Elimination System p. 79 (NPDES) Municipal Stormwater Permit Requirements and the City's Stormwater Management Program 21957 3. Report from the May 14, 2018 Lake Whatcom Policy Group Meeting p. 125 Finance and Personnel 1:30 PM Daniel Hammill, Chair April Barker; Pinky Vargas 21958 1. 2018 First Quarter Financial Review p. 129 21913 2. Committee Discussion on Municipal Finance Issues p. 130 Committee Of The Whole 2:30 PM Roxanne Murphy, Chair April Barker; Gene Knutson; Daniel Hammill; Pinky Vargas; Terry Bornemann; Michael Lilliquist 1. Approval of Minutes 2. Old/New Business Executive Session Closed to the public. Report in the Regular Meeting only: 1. Potential Litigation (Kraham, approx. 5 min) 2. Litigation: Banaitis v. City of Bellingham, et. al. (Brady, 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. 21959 1. Mayor's Appointment of Sam Mullen and John Moullen to the Loan p. 131 Review Board (Information) 21960 2. Mayor's Appointment of Kathleen Roy to the Community p. 134 Development Advisory Board (Information) 21961 3. Mayor's Appointment of Eric Shew to the Bellingham Arts p. 136 Commission (Approval) 21962 4. Mayor's Reappointment of Dunham Gooding and Brent Walker to the p. 138 Bellingham-Whatcom Public Facilities District (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. 21963 1. Authorization of Payroll Labor Cost Payments Dated April 26, 2018 - p. 139 May 10, 2018 21964 2. Authorization of A/P Checks Issued May 5, 2018 p. 140 21965 3. Authorization of A/P Checks Issued May 11, 2018 p. 141 Final Consideration of Ordinances 21922 1. Consideration of Revisions to Bellingham's Accessory Dwelling Unit p. 142 Regulations 21949 2. An Ordinance of the City of Bellingham, Washington, Amending p. 175 Sections 2.86.010 and 2.96.010 of the Bellingham Municipal Code 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 https://meetings.cob.org/. 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 Bellingham at the times listed on the Agenda. Committee session start times between 9:00 AM 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. BTV can be found on cable systems as follows: Comcast channels 10 (standard) and 321 (high definition), and CenturyLink channels 40 (standard) and 1040 (high definition). The meetings are also streamed live on the internet as they occur. Online viewers will see exactly what cable customers would see. The Bellingham Public Library also has DVD’s available for checkout. Video and audio files are available on the Internet at https://meetings.cob.org 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 Monday, June 4, 2018 Deadline to submit material for any public hearing for inclusion in the published agenda packet is 8:00 a.m. on Wednesday prior to the meeting.

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