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City Council - Regular Meeting

Regular Meeting

Bellingham, WA · June 18, 2018

AgendaMinutesPacketVideo Recording

Minutes

City of Bellingham City Council Regular Meeting Minutes June 18, 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 Public Meetings Act. 1. On Mon., July 9 at 7 p.m., there will be a Public Hearing to consider four requests to docket amendments to the Comprehensive Plan for review in 2018-2019. 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 Public Hearing 21979 1. Public Hearing to Consider a Development Agreement with Crystal Investments Trust to Provide City Retail Water and Sewer Service Ted Carlson, Public Works Director, gave an overview of the development agreement with Crystal Investments. Council President Murphy opened the Public Hearing. City of Bellingham Regular City Council Meeting Page 1 of 7 6/18/2018 Minutes Public Comment was taken. Gene Knutson / Pinky Vargas moved final approval of Resolution #2018-12. MOTION CARRIED 7-0. There being no further comments, the Public Hearing was closed. 21980 2. Public Hearing on Amendments to Bellingham Municipal Code Chapter 17.76 Construction in Floodplains Jason Porter, Storm & Surface Water Manager, gave a presentation on the proposed code amendments and gave a brief description of what they are and how they would affect the City's code. The amendments are required to be adopted to be compliant with the NFIP (National Flood Insurance Plan). Council President Murphy opened the Public Hearing. Public Comment was taken. Terry Bornemann / Michael Lilliquist moved the item to the Public Works Committee for further discussion. MOTION CARRIED 7-0. There being no further comments, the Public Hearing was closed. The written record will remain open until the Council makes a final decision on the matter, per Resolution #2013-09. 21981 3. Public Hearing on Interim Zoning Ordinance 2018-04-007 Addressing the Siting, Establishment, and Operation of Temporary Tent Encampments and Temporary Building Encampments in the City Rick Sepler, Planning and Community Development Director, explained the work plan. To replace the previous ordinance, interim regulations must be in place. By state law, the Council must have a Public Hearing within 60 days. Council President Murphy opened the Public Hearing. Public Comment was taken. There being no further comments, the Public Hearing was closed. 21982 4. Public Hearing to Consider a Draft Ordinance Establishing Short-Term Rental Regulations City of Bellingham Regular City Council Meeting Page 2 of 7 6/18/2018 Minutes Lisa Pool, Senior Planning, gave a presentation on the draft ordinance for short-term rentals. The City has received some complaints and the Municipal Code does not have a code for these short-term rentals. If a new ordinance were adopted, they would be effective January 1, 2019. Mayor Linville addressed the Planning Commission's recommendations. She stated that she does not agree with their recommendations entirely. She supports the Portland model so as not to reduce the rental inventory within the City. Council President Murphy opened the Public Hearing. Public Comment was taken. Michael Lilliquist / Gene Knutson moved the item to the Planning Committee for further discussion. MOTION CARRIED 7-0. There being no further comments, the Public Hearing was closed. The written record will remain open until a final decision, per Resolution #2013-09. 15-Minute Public Comment Period Public Comment was taken. Council Standing Committee Meetings: Executive Session – Report and Action Only. 1. Potential Property Acquisition Staff provided information on a potential property acquisition. Dan Hammill / Gene Knutson moved to authorize the purchase of a one-quarter acre, unimproved watershed property, parcel number 380335 379356, from Douglas K. Avery, Trustee of the Douglas K. Avery Revocable Trust, for $91,256.00, with an estimated closing date of July 10, 2018. MOTION CARRIED 7-0. 2. Litigation: Haskell Corp. v. City of Bellingham Staff provided information on a litigation matter. For information and discussion. No action taken. 3. Evaluation of Qualifications of Applicants to a City Position City of Bellingham Regular City Council Meeting Page 3 of 7 6/18/2018 Minutes Council members discussed the qualifications of applicants regarding an open City position. For information, discussion, and evaluation. No action taken. Finance and Personnel Daniel Hammill, Chair April Barker; Pinky Vargas 21913 1. Discussion on Capital Facilities Planning Presentation during Commission. The Finance Committee had a discussion on Financial Planning and Capital Funding. Information only. Public Works and Natural Resources Gene Knutson, Chair Terry Bornemann; Michael Lilliquist 21983 1. Bid Award for 2018 Transportation Benefit District (TBD) Pedestrian and Bicycle Improvements, ES-0535, Bid #37B-2018 Gene Knutson / Pinky Vargas moved to award Bid No. 37B-2018 for 2018 Transportation Benefit District (TBD) Pedestrian and Bicycle Improvements, ES-0535, to Colacurcio Brothers, Inc. of Blaine, Washington 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 $1,019,865.80, which includes any applicable WSST. MOTION CARRIED 7-0. Committee Of The Whole Roxanne Murphy, Chair April Barker; Gene Knutson; Daniel Hammill; Pinky Vargas; Terry Bornemann; Michael Lilliquist 21984 1. Elected Officials Salary Survey Presentation during Committee. Staff will bring back more information at a later meeting. Information only. 2. Approval of Minutes Gene Knutson / Dan Hammill moved approval of the June 4, 2018 minutes of the regular City Council meeting as submitted. MOTION CARRIED 7-0. 3. Old/New Business City of Bellingham Regular City Council Meeting Page 4 of 7 6/18/2018 Minutes Council Member Vargas asked Mayor Linville for an update to the Climate Action Task Force. Mayor Linville announced that interviews will be held before the July 9, 2018 meeting. Mayor Linville reported she drafted a letter against the federal government's practice of separating immigrant children from their parents at the border. April Barker / Terry Bornemann moved to authorize Council President Murphy to sign onto the Mayor's letter in support of keeping families together. Mayor's Report Standing time for briefings, updates and reports to Council by the Mayor, if needed. Information only. The Mayor thanked the Council for taking on the challenges of unsheltered individuals in our community. The City will explore what they can do to help with security at the Drop-In Center near the Lighthouse Mission. The City is also looking into shower facilities to help the homeless. Mayor Linville reported that the Lighthouse Mission also has a shower van. 21985 1. Mayor's Appointment of Scott Ward to the Tourism Commission (Information) The Mayor appoints Scott Ward to his first term, which will expire on June 6, 2021, at which time he may be reappointed. 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. 21986 1. Revised Fee Schedule for Special Events Pertaining to Police Dan Hammill / Gene Knutson moved final approval of Resolution #2018-13. MOTION CARRIED 7-0. 21987 2. Pass Resolution Authorizing the City to Apply for and Enter into a Fish Barrier Removal Board Grant for Assisting with the Squalicum Creek Re-route Phases III and IV Projects Dan Hammill / Gene Knutson moved final approval of Resolution #2018-14. MOTION CARRIED 7-0. 21988 3. A Resolution Setting the Date and Time for a Public Hearing Before the Hearing Examiner for Consideration of a Street Vacation of the Remaining Unimproved Portion of Dover Street Immediately North of Arctic Avenue City of Bellingham Regular City Council Meeting Page 5 of 7 6/18/2018 Minutes Dan Hammill / Gene Knutson moved final approval of Resolution #2018-15. MOTION CARRIED 7-0. 21989 4. A Resolution Setting the Date and Time for a Public Hearing Before the Hearing Examiner for Consideration of a Street Vacation of the Eastern 3 Feet of 27th Street Generally Located North of Mill Avenue Dan Hammill / Gene Knutson moved final approval of Resolution #2018-16. MOTION CARRIED 7-0. 21990 5. Authorization of A/P Checks Issued June 1, 2018 21991 6. Authorization of A/P Checks Issued June 8, 2018 21992 7. Authorization of Payroll Labor Cost Payments Dated May 11, 2018 - May 25, 2018 21993 8. Authorization of Payroll Labor Cost Payments Dated May 26, 2018 - June 8, 2018 Dan Hammill / Gene Knutson moved approval of the Consent Agenda in its entirety. MOTION CARRIED 7-0. Final Consideration of Ordinances 21966 1. An Ordinance Amending the Bellingham Municipal Code (BMC) Regarding the Regulation of Commercial Development Gene Knutson / 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: Murphy, Barker, Knutson, Hammill, Vargas, Bornemann, Lilliquist NAYS: (None) EXCUSED: (None) MOTION CARRIED and was thereafter named Ordinance #2018-06-011. Adjournment There being no further business, the meeting was adjourned at 9:38 p.m. City of Bellingham Regular City Council Meeting Page 6 of 7 6/18/2018 Minutes Roxanne Murphy, Council President ATTEST: Elisabeth Oakes, City Clerk Representative APPROVED: 7/9/2018 City of Bellingham Regular City Council Meeting Page 7 of 7 6/18/2018 Minutes

Agenda

City of Bellingham City Council Regular Meeting Agenda June 18, 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 Mon., July 9 at 7 p.m., there will be a Public Hearing to consider four requests to docket amendments to the Comprehensive Plan for review in 2018-2019. Pledge of Allegiance Roll Call Public Hearing 21979 1. Public Hearing to Consider a Development Agreement with Crystal p. 5 Investments Trust to Provide City Retail Water and Sewer Service 21980 2. Public Hearing on Amendments to Bellingham Municipal Code p. 30 Chapter 17.76 Construction in Floodplains 21981 3. Public Hearing on Interim Zoning Ordinance 2018-04-007 Addressing p. 51 the Siting, Establishment, and Operation of Temporary Tent Encampments and Temporary Building Encampments in the City 21982 4. Public Hearing to Consider a Draft Ordinance Establishing Short-Term p. 70 Rental Regulations 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: Executive Session Closed to the public. Report in the Regular Meeting only: 1. Potential Property Acquisition (Stamps, approx. 5 min) 2. Litigation: Haskell Corp. v. City of Bellingham (Brady, approx. 20 min) 3. Evaluation of Qualifications of Applicants to a City Position (Ruffatto, approx. 15 min) Finance and Personnel 1:40 PM Daniel Hammill, Chair April Barker; Pinky Vargas 21913 1. Discussion on Capital Facilities Planning p. 146 Public Works and Natural Resources 2:20 PM Gene Knutson, Chair Terry Bornemann; Michael Lilliquist 21983 1. Bid Award for 2018 Transportation Benefit District (TBD) Pedestrian p. 170 and Bicycle Improvements, ES-0535, Bid #37B-2018 Committee Of The Whole 2:30 PM Roxanne Murphy, Chair April Barker; Gene Knutson; Daniel Hammill; Pinky Vargas; Terry Bornemann; Michael Lilliquist 21984 1. Elected Officials Salary Survey p. 174 2. Approval of Minutes 3. Old/New Business Mayor's Report Standing time for briefings, updates and reports to Council by the Mayor, if needed. Information only. 21985 1. Mayor's Appointment of Scott Ward to the Tourism Commission p. 182 (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. 21986 1. Revised Fee Schedule for Special Events Pertaining to Police p. 184 21987 2. Pass Resolution Authorizing the City to Apply for and Enter into a Fish p. 189 Barrier Removal Board Grant for Assisting with the Squalicum Creek Re-route Phases III and IV Projects 21988 3. A Resolution Setting the Date and Time for a Public Hearing Before p. 193 the Hearing Examiner for Consideration of a Street Vacation of the Remaining Unimproved Portion of Dover Street Immediately North of Arctic Avenue 21989 4. A Resolution Setting the Date and Time for a Public Hearing Before p. 197 the Hearing Examiner for Consideration of a Street Vacation of the Eastern 3 Feet of 27th Street Generally Located North of Mill Avenue 21990 5. Authorization of A/P Checks Issued June 1, 2018 p. 201 21991 6. Authorization of A/P Checks Issued June 8, 2018 p. 202 21992 7. Authorization of Payroll Labor Cost Payments Dated May 11, 2018 - p. 203 May 25, 2018 21993 8. Authorization of Payroll Labor Cost Payments Dated May 26, 2018 - p. 204 June 8, 2018 Final Consideration of Ordinances 21966 1. An Ordinance Amending the Bellingham Municipal Code (BMC) p. 205 Regarding the Regulation of Commercial Development 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, July 9, 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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