City Council - Regular Meeting

City of Bellingham City Council Regular Meeting Minutes October 22, 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 Hannah Stone 210 Lottie Street, Bellingham, WA, unless otherwise noted. Call to Order The meeting was called to order by Council President Pro Tem April Barker 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 October 29 at 1:00 PM in the Mayor's Boardroom on the second floor of City Hall in the Mayor's Office, there will be a special meeting for a work session on the proposed Public Works, Fire, Legal, Executive and City Council budgets. 2. On November 5 at 7:00 PM in City Council Chambers, there will be a Public Hearing on the City of Bellingham's 2019-2020 Biennial Budget. Pledge of Allegiance Led by Council President Pro Tem April Barker. Roll Call Present: Council Member April Barker, First Ward Council Member Gene Knutson, Second Ward Council Member Pinky Vargas, Fourth Ward Council Member Terry Bornemann, Fifth Ward Council Member Michael Lilliquist, Sixth Ward Council Member Hannah Stone, At-Large Excused Council President Daniel Hammill, Third Ward Public Hearing 22090 1. Public Hearing to Consider the Bennett / Bakerview / Airport Drive Annexation Consisting of Approximately 174 Acres Located Within the City's Northern Urban Growth Area City of Bellingham Regular City Council Meeting Page 1 of 9 10/22/2018 Minutes  Moshe Quinn, Planner, explained an annexation request for the area at Bennett / Bakerview / Airport Dr. Council President Pro Tem April Barker opened the Public Hearing. Gene Knutson/Terry Bornemann moved to send the topic to the Planning Committee for further consideration. Council Member Vargas moved to send to the Committee of the Whole. Council Member Knutson amended his motion to send to the Committee of the Whole. Council Member Lilliquist would like the item to go to the Planning Committee. Gene Knutson / Terry Bornemann amended the motion to move to the Committee of the Whole for future consideration. MOTION CARRIED 6-0-1, Dan Hammill excused. 22091 2. Public Hearing on a Resolution of the Bellingham City Council Supporting Proposition 2018-5, the Low-Income Housing Levy, and Urging its Passage by the Voters of the City of Bellingham Council President Pro Tem April Barker opened the Public Hearing. Public Comment was taken. There being no further comments, the Public Hearing was closed. Gene Knutson / Pinky Vargas moved final approval of Resolution #2018-28. MOTION CARRIED 6-0-1, Dan Hammill excused. 22092 3. Public Hearing for Consideration of a Resolution Supporting the Passage of Initiative 1631 to Impose a Pollution Fee on Large Emitters of Greenhouse Gases and Expressing Support for Federal Efforts to Reduce Greenhouse Gas Emissions Council President Pro Tem April Barker opened the Public Hearing. Public Comment was taken. There being no further comments, the public hearing was closed. Council Member Vargas explained that because she is employed by Puget Sound Energy, she will recuse herself from the discussion. Council Member Bornemann stated that he feels there is no Federal leadership regarding climate change so legislation for these matters falls on the states. City of Bellingham Regular City Council Meeting Page 2 of 9 10/22/2018 Minutes  Terry Bornemann / Gene Knutson moved final approval of Resolution #2018-29. MOTION CARRIED 5-1-1, Pinky Vargas recused herself, Dan Hammill excused. 22093 4. Public Hearing Under BMC 4.84 to Consider Surplus Property Declarations for Four (4) Properties and Determination of Method of Disposition Ted Carlson, Public Works Director explained the properties that are being brought forward for surplus consideration and determination of method of disposition. Council President Pro Tem April Barker, opened the Public Hearing. Public Comment was taken. Pinky Vargas/Gene Knutson moved the declaration of surplus for parcels 1, 3 & 4 and moved to discuss them at a future Public Work Committee meeting. MOTION CARRIED, 5-1-1, April Barker opposed, Dan Hammill excused. Terry Bornemann/Gene Knutson moved parcel 2 to the Public Works Committee for further discussion. MOTION CARRIED 6-0-1, Dan Hammill excused. 22094 5. Public Hearing on the 2019-2020 Revenue Projection, Including a 1% Increase to the Regular Property Tax Levy Forrest Longman, Budget Manager, gave a presentation on the 2019 - 2020 Citywide Revenue Projection. Council President Pro Tem, April Barker opened the Public Hearing. No citizens spoke. The written record will remain open until November 5, 2018 at 5:00 PM. 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 22095 1. Bid Award for Public Works Operations Yard Retrofit - Phase 1, RFP #61B-2018 Gene Knutson / Terry Bornemann moved to award Bid No. 61B-2018 for Public Works Operations Yard Retrofit to Strider Construction of Bellingham, WA as the lowest responsive, responsible bidder and to authorize the Mayor to enter into a contract City of Bellingham Regular City Council Meeting Page 3 of 9 10/22/2018 Minutes  with them for the amount of their bid, which is $1,714,271.83, which includes any applicable WSST. MOTION CARRIED 6-0-1, Dan Hammill excused. 22096 2. Proposed Ordinance Accepting Donation of Property Gene Knutson / Terry Bornemann moved for first and second reading. MOTION CARRIED 6-0-1, Dan Hammill excused. 22006 3. Attachment of Small Cell Telecommunications Facilities to City Street Light Poles Gene Knutson / Michael Lilliquist moved to direct staff to develop a new ordinance that would amend the recently adopted small cell ordinance. Amendments to include a section listing discretionary guidelines that the administration will use in processing permits on City owned light poles and the City has proprietary authority, indicating guidelines that allow the City to change them at will and apply as they see fit. MOTION CARRIED 6-0-1, Dan Hammill excused. 22097 4. Industrial Wastewater Pretreatment Program During Committee, Council directed staff to prepare an ordinance for consideration to be reviewed by the Department of Ecology. Planning and Community Development Michael Lilliquist, Chair April Barker; Hannah Stone 22069 1. Consideration of the Proposed Subdivision Regulations, Title 23 - Land Division Discussion during Committee. Information only. Parks and Recreation Pink Vargas, Chair Gene Knutson; Michael Lilliquist 22098 1. A Presentation on a Proposal for a Donation of Swim Docks at Bloedel Donovan Park Presentation during Committee. Pinky Vargas/Gene Knutson moved to work with staff and continue discussion toward an acceptance of the donation. MOTION CARRIED 5-1-1, Michael Lilliquist opposed, Dan Hammill excused. City of Bellingham Regular City Council Meeting Page 4 of 9 10/22/2018 Minutes Committee Of The Whole Daniel Hammill, Chair April Barker; Gene Knutson; Pinky Vargas; Terry Bornemann; Michael Lilliquist, Hannah Stone 22099 1. Whatcom Community College Update Presentation during Committee. Information only. 22100 2. Hearing Examiner Annual Report to Council Presentation during Committee. Committee gave direction to the Planning Committee Director to add the Hearing Examiner's considerations to the running list. Information only. 21922 3. Revisions to BMC Title 19 - Impact Fees for Accessory Dwelling Units Committee considered amendments to the ordinance in Sections 3 and 4 so that fees from Chart 3 of the memo in the agenda bill, except the exemption from impact fees will also apply to detached ADUs that consist of conversion of habitable space within an existing accessory building and Option 3 from the Options Sheet in the agenda bill. Rick Sepler, Director of Planning and Community Development read changes into the Record that included; Sections 3 and 4 in the ordinance included: 1) Added today's date to the list of work sessions held on the matters by City Council 2) Amended the second to last Whereas statement as follows: "WHEREAS, the City Council finds that an impact fee exemption is appropriate for attached and detached ADUs that involve a conversion of existing habitable space with an existing house or accessory building i.e., no increase in square footage, as the impact from the improvements have already been accounted for with the original structure; and..." April Barker / Pinky Vargas moved for first and second reading. MOTION CARRIED 5-1-1, Terry Bornemann opposed, Dan Hammill excused. 22101 4. Consolidated Annual Performance and Evaluation Report Presentation during Committee. Information only. 22102 5. A Resolution Setting the Dates and Times of the 2019 City Council Meetings City of Bellingham Regular City Council Meeting Page 5 of 9 10/22/2018 Minutes  April Barker / Michael Lilliquist moved final approval of Resolution #2018-30. MOTION CARRIED 6-0-1, Dan Hammill excused. 22082 6. Work Session on the Proposed 2019-2020 City Budget Work session during Committee. Information only. 7. Approval of Minutes Gene Knutson / Pinky Vargas moved approval of the October 8, 2018 minutes of the regular City Council meeting as submitted. MOTION CARRIED 5-1-1, Michael Lilliquist abstained, Dan Hammill excused. 8. Old/New Business Council Member Vargas reported this week is Housing Week and there are lots of events going on. She urged everyone to get involved. Executive Session – Report and Action only. 1. Potential Litigation Staff provided information on a potential litigation matter. Gene Knutson / Terry Bornemann moved to authorize the City Attorney's Office to hire outside counsel for the purpose of providing representation in Washington State Department of Health administrative investigations and proceedings for employees involved in the incident described in claims for damages 2018-44, 2018-45, and 2018-48. MOTION CARRIED 6-0-1, Dan Hammill excused. 2. Litigation: WA State Assoc. of Plumbers and Pipefitters v. City of Bellingham Staff provided information on a litigation matter. For information and discussion. No action taken. 3. Potential Litigation Staff provided information on a litigation matter. For information and discussion. No action taken. Mayor's Report City of Bellingham Regular City Council Meeting Page 6 of 9 10/22/2018 Minutes Standing time for briefings, updates and reports to Council by the Mayor, if needed. Information only. 22103 1. Mayor's Appointment of Patrick Kissinger and Seth Fleetwood to the Mayor's Neighborhood Advisory Commission (Information) The Mayor appointed Patrick Kissinger as the WWU Student Representative to his first term, which ends on October 1, 2019, at which time he may be reappointed. The Mayor appointed Seth Fleetwood as the South Hill Primary Representative to his first term, which ends on October 4, 2020, at which time he may be reappointed. 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. 22104 1. Authorization of A/P Checks Issued October 5, 2018 22105 2. Authorization of A/P Checks Issued October 12, 2018 22106 3. Authorization of Payroll Labor Cost Payments Dated September 26 - October 10, 2018 22107 4. Authorize Third Amendment to Agreement for Inmate Housing with South Correctional Entity (SCORE) 22108 5. Lookout Mountain Preserve Property Use Agreement with Whatcom Transit Authority 22109 6. 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 South State Street, Bayview Drive and Easton Avenue Gene Knutson / Terry Bornemann moved final approval of Resolution #2018-31. MOTION CARRIED 6-0-1, Dan Hammill excused. 22110 7. 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 Bayview Drive West of South State Street Gene Knutson / Terry Bornemann moved final approval of Resolution #2018-32. MOTION CARRIED 6-0-1, Dan Hammill excused. City of Bellingham Regular City Council Meeting Page 7 of 9 10/22/2018 Minutes  Gene Knutson / Terry Bornemann moved approval of the Consent Agenda in its entirety. MOTION CARRIED 6-0-1, Dan Hammill excused. Final Consideration of Ordinances 21982 1. Consideration of a Draft Ordinance Establishing Short-Term Rental Regulations Council President Pro Tem, April Barker, announced that a need to clarify Council's intent on one discreet item in the ordinance establishing short-term rental regulations. For this reason, the ordinance will be placed on the November 5, 2018 meeting agenda for discussion during Committee of the Whole with final consideration during the evening meeting. 22067 2. A Work Session to Consider a Draft Ordinance Establishing Regulations for Temporary Homeless Shelters Michael Lilliquist / Gene Knutson 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, Knutson, Vargas, Bornemann, Lilliquist, Stone NAYS: (None) EXCUSED: Hammill MOTION CARRIED and was thereafter named Ordinance #2018-10-019. 22079 3. Proposed Budget Ordinance to Increase Appropriations in the Medic One Fund for a Grant Awarded for (FY) 2017 FEMA Assistance to Firefighters Program Terry Bornemann / Pinky Vargas 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, Knutson, Vargas, Bornemann, Lilliquist, Stone NAYS: (None) EXCUSED: Hammill MOTION CARRIED and was thereafter named Ordinance #2018-10-020. City of Bellingham Regular City Council Meeting Page 8 of 9 10/22/2018 Minutes 22080 4. An Ordinance Amending the 2017-2018 Biennial Budget, Increasing Appropriations in the General Fund to Purchase the Property at 1314 Cornwall Avenue Pinky Vargas / Terry Bornemann 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, Knutson, Vargas, Bornemann, Lilliquist, Stone NAYS: (None) EXCUSED: Hammill MOTION CARRIED and was thereafter named Ordinance #2018-10-021. Adjournment There being no further business, the meeting adjourned at 10:35 PM. Daniel Hammill, Council President ATTEST: Elisabeth Oakes, City Clerk Representative APPROVED: 11/5/2018 City of Bellingham Regular City Council Meeting Page 9 of 9 10/22/2018 Minutes