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City Council - Regular Meeting

Regular Meeting

Bellingham, WA · November 19, 2018

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Minutes

City of Bellingham City Council Regular Meeting Minutes November 19, 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 Hammill at 7:00 p.m. Announcements & Upcoming Meetings: Bellingham City Council meets all requirements of the State of Washington Open Public Meetings Act. Pledge of Allegiance Led by Council President Hammill. Roll Call Present: Council President Daniel Hammill, Third Ward 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 Public Hearing 22111 1. Second Public Hearing on Proposed 2019-2020 Biennial Budget Andy Asbjornsen, Interim Finance Director, introduced the second public hearing for the 2019 - 2020 biennial budget. Council President Hammill opened the public hearing. No citizens spoke and the public hearing was closed. 22121 2. Public Hearing to Consider the Mt. Baker Highway / Britton Road Annexation Consisting of Approximately 75-Acres Located Within the City's Northern Urban Growth Area City of Bellingham Regular City Council Meeting Page 1 of 8 11/19/2018 Minutes Moshe Quinn, Planner, presented background on the annexation request. Council President Hammill 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 the Council makes a final decision, per Resolution #2013-09. Gene Knutson / Pinky Vargas moved to direct staff to bring back an ordinance for consideration and present to Committee of the Whole. MOTION CARRIED 7-0. 22122 3. Public Hearing to Consider Proposed Amendments to Chapter 13.08 Bellingham Municipal Code Kathy Bell, Senior Planner, explained the proposed draft amendments of chapter 13.08. Council President Hammill opened the public hearing. No citizens spoke and the public hearing was closed. The written record will remain open until the Council makes a final decision, per Resolution #2013-09. Gene Knutson / Pinky Vargas moved for first and second reading. MOTION CARRIED 7-0. 22123 4. Public Works Presentation and Public Hearing Regarding a New Multimodal Transportation Impact Fee (TIF) System Consistent with Bellingham Comprehensive Plan Chris Comeau, Transportation Planner, gave a presentation on the new multimodal transportation impact fee (TIF) system. Council President Hammill opened the public hearing. Public Comment was taken. City of Bellingham Regular City Council Meeting Page 2 of 8 11/19/2018 Minutes There being no further comments, the public hearing was closed. The written record will remain open until the Council makes a final decision, per Resolution #2013-09. Michael Lilliquist / Gene Knutson moved the item to the Public Works Committee for further discussion. MOTION CARRIED 7-0. 15-Minute Public Comment Period Public Comment was taken. Council Standing Committee Meetings: Planning and Community Development Michael Lilliquist, Chair April Barker; Hannah Stone 22069 1. Consideration of the Proposed Subdivision Regulations, Title 23 - Land Division Council Member Lilliquist explained background on the ordinance. Discussion during Committee. Michael Lilliquist / April Barker moved for first and second reading. MOTION CARRIED 7-0. 22124 2. Food Deserts: What Are They, Where Are They, and What Can a City Do to Prevent Them? Presentation during Committee. Council Member Lilliquist explained that the Planning staff gave information to show where grocery stores are in the city. Use restrictions were presented from the legal department. Information only. April Barker / Michael Lilliquist moved to ask the Mayor to work with the Planning staff and the Public Health Department to develop food security and accessibility standards for the City and bring back to the Planning Committee for consideration. MOTION CARRIED 7-0. Public Works and Natural Resources Gene Knutson, Chair Terry Bornemann; Michael Lilliquist 22125 1. Report from the October 29, 2018 Lake Whatcom Policy Group Meeting City of Bellingham Regular City Council Meeting Page 3 of 8 11/19/2018 Minutes Presentation during Committee. The policy group reviewed items such as Land Acquisition and Maintenance, Forestry Management and Policy Issues, Managing Recreation in the Watershed, Whatcom County Stormwater Utility District funding proposal, Monitoring and Data: to revise loading and lake response models, implications for TMDL (total maximum daily load) and an AIS (Aquatic Invasive Species) Annual Program Review. Information only. 22126 2. Approval of Interlocal Agreement Between the City of Bellingham and Port of Bellingham for Installation, Operation and Maintenance of Port Fiber Conduit in Roeder Avenue and C Street Gene Knutson / Michael Lilliquist moved to authorize the Mayor to enter into an interlocal agreement between the City of Bellingham and the Port of Bellingham for installation, operation and maintenance of Port Fiber Conduit in Roeder Avenue and C Street. MOTION CARRIED 7-0. Parks and Recreation Pink Vargas, Chair Gene Knutson; Michael Lilliquist 22127 1. An Ordinance Accepting the Donation of Real Property known as Wetland A Cordata Property Pinky Vargas / April Barker moved for first and second reading. MOTION CARRIED 7-0. Committee Of The Whole Daniel Hammill, Chair April Barker; Gene Knutson; Pinky Vargas; Terry Bornemann; Michael Lilliquist, Hannah Stone 22128 1. Presentation by the Northwest Clean Air Agency Presentation during Committee. Information only. 22129 2. Bellingham Sister Cities Association Report on Mayoral Summit Presentation during Committee. Bellingham Sister Cities President, Ross Grier, provided a report on the activities that took place in September to mark Bellingham's 60th anniversary of friendship with Tateyama, Japan. Information only. 22130 3. Discussion of HomesNOW Temporary Encampment Proposal City of Bellingham Regular City Council Meeting Page 4 of 8 11/19/2018 Minutes Discussion during Committee. The non-profit organization, HomesNOW!, submitted a proposal for a temporary encampment for approximately 3 months, beginning December 1, 2018 and ending in February 2019. Information only. Daniel Hammill / Gene Knutson moved to endorse the proposal. MOTION CARRIED 7-0. 22131 4. Application and Procedure for Filling City Council Vacancies Presentation during Committee. Staff presented a set of guidelines for filling a city council vacancy. Daniel Hammill / Hannah Stone moved to approve the application as amended. MOTION CARRIED 7-0. Dan Hammill / Gene Knutson moved to accept the procedural document as amended and adopt the nomination process, option #1, and incorporate it into the City Council's Rules of Procedure document. MOTION CARRIED 6-1, Michael Lilliquist opposed. 22132 5. Land Use Code Enforcement Update with a Focus on Illegal Dwelling Units Presentation during Committee. Enforcement is an ongoing activity. Because of the high volume of development activity, a new dedicated Code Enforcement Officer was needed and added in the middle of 2018. Staff provided an overview of enforcement actions year to date. Information only. 22082 6. Work Session on the Proposed 2019-2020 City Budget Discussion during Committee. Information only. 7. Approval of Minutes Michael Lilliquist / April Barker moved approval of the November 5, 2018 minutes of the regular City Council meeting as submitted. MOTION CARRIED 7-0. 8. Old/New Business Council Member Vargas asked for clarification from the Administration about the bus barn location of the Bellingham School District. Leslie Bryson, Parks Director, explained that the bus barn is not our property but the School District had approached us years ago to ask if we had property we could trade. Pinky Vargas asked if we could have a conversation with the School District about the bus barn location. City of Bellingham Regular City Council Meeting Page 5 of 8 11/19/2018 Minutes Council Member Barker discussed how the location of the bus barn lends to the shoreline review. April Barker / Michael Lilliquist moved to request information from the Planning department about a Shoreline update. MOTION CARRIED 5-2, Dan Hammill and Gene Knutson opposed. Executive Session – Report and Action only. 1. Potential Litigation: Claim Nos. 2018-44, 2018-45 & 2018-48 Staff provided information on a potential litigation matter. For information and discussion. No action taken. 2. Evaluation of the Qualifications of an Applicant for Public Employment Council discussed the qualifications of an applicant for a City appointed position that requires confirmation by the City Council. This was for discussion and evaluation only. No action was taken. 3. Potential Litigation Staff provided information on a potential litigation matter. 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. Mayor Linville reported that the City has worked to provide safe storage to those experiencing homelessness in the community. The City has identified a spot to install a pad. They are waiting to see what will go onto the pad and even offered to purchase the lockers. The Mayor complimented the organizers of the event, A Day of Remembrance, for Traffic Accident Victims, that was held at City Hall last Thursday. She reported how moving it was and will work for more outreach next year to bring awareness to the event. 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. 22133 1. Authorization of Payroll Labor Cost Payments Dated October 26 - November 9, 2018 City of Bellingham Regular City Council Meeting Page 6 of 8 11/19/2018 Minutes 22134 2. Authorization of A/P Checks Issued November 2, 2018 22135 3. Authorization of A/P Checks Issued November 9, 2018 22136 4. A Resolution Setting the Date and Time for a Public Hearing Before the Hearing Examiner for Consideration of a Petition to Vacate the Unimproved Portion of Rimland Drive in the Barkley Neighborhood Gene Knutson / Hannah Stone moved final approval of Resolution #2018-33. MOTION CARRIED 7-0. 22137 5. Amendment to the Interlocal Agreement with the Department of Ecology for the Squalicum Creek Reroute Water Quality and Biotic Integrity Improvements Phase 3 Project Gene Knutson / Hannah Stone moved approval of the Consent Agenda in its entirety. MOTION CARRIED 7-0. Final Consideration of Ordinances 22094 1. An Ordinance of the City of Bellingham, Washington Relating to the Levying of Taxes and Establishing the Amount to Be Raised in 2019 on the Assessed Valuation of the Property Within the City. Gene Knutson / 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: Hammill, Barker, Knutson, Vargas, Bornemann, Lilliquist, Stone NAYS: (None) EXCUSED: (None) MOTION CARRIED and was thereafter named Ordinance #2018-11-026. 22090 2. An Ordinance Relating to the Annexation of Approximately 174-Acres of Unincorporated Property Located Adjacent to the Northern Boundary of the Bellingham City Limits and Commonly Known as the Bennett / Bakerview / Airport Drive Annexation Gene Knutson / 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: Hammill, Barker, Knutson, Vargas, Bornemann, Lilliquist, Stone City of Bellingham Regular City Council Meeting Page 7 of 8 11/19/2018 Minutes NAYS: (None) EXCUSED: (None) MOTION CARRIED and was thereafter named Ordinance #2018-11-027. Adjournment There being no further business, the meeting adjourned at 10:25 PM. Daniel Hammill, Council President ATTEST: Elisabeth Oakes, City Clerk Representative APPROVED: 12/3/2018 City of Bellingham Regular City Council Meeting Page 8 of 8 11/19/2018 Minutes

Agenda

City of Bellingham City Council Regular Meeting Agenda November 19, 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. 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. Pledge of Allegiance Roll Call Public Hearing 22111 1. Second Public Hearing on Proposed 2019-2020 Biennial Budget p. 6 22121 2. Public Hearing to Consider the Mt. Baker Highway / Britton Road p. 7 Annexation Consisting of Approximately 75-Acres Located Within the City's Northern Urban Growth Area 22122 3. Public Hearing to Consider Proposed Amendments to Chapter 13.08 p. 159 Bellingham Municipal Code 22123 4. Public Works Presentation and Public Hearing Regarding a New p. 172 Multimodal Transportation Impact Fee (TIF) System Consistent with Bellingham Comprehensive Plan 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: Planning and Community Development 10:30 AM Michael Lilliquist, Chair April Barker; Hannah Stone 22069 1. Consideration of the Proposed Subdivision Regulations, Title 23 - Land p. 188 Division 22124 2. Food Deserts: What Are They, Where Are They, and What Can a City p. 304 Do to Prevent Them? Public Works and Natural Resources 1:00 PM Gene Knutson, Chair Terry Bornemann; Michael Lilliquist 22125 1. Report from the October 29, 2018 Lake Whatcom Policy Group p. 308 Meeting 22126 2. Approval of Interlocal Agreement Between the City of Bellingham and p. 314 Port of Bellingham for Installation, Operation and Maintenance of Port Fiber Conduit in Roeder Avenue and C Street Parks and Recreation 1:15 PM Pink Vargas, Chair Gene Knutson; Michael Lilliquist 22127 1. An Ordinance Accepting the Donation of Real Property known as p. 329 Wetland A Cordata Property Committee Of The Whole 1:25 PM Daniel Hammill, Chair April Barker; Gene Knutson; Pinky Vargas; Terry Bornemann; Michael Lilliquist, Hannah Stone 22128 1. Presentation by the Northwest Clean Air Agency p. 350 22129 2. Bellingham Sister Cities Association Report on Mayoral Summit p. 351 22130 3. Discussion of HomesNOW Temporary Encampment Proposal p. 352 22131 4. Application and Procedure for Filling City Council Vacancies p. 353 22132 5. Land Use Code Enforcement Update with a Focus on Illegal Dwelling p. 361 Units 22082 6. Work Session on the Proposed 2019-2020 City Budget p. 366 7. Approval of Minutes 8. Old/New Business Executive Session 4:00 PM Closed to the public. Report in the Regular Meeting only: 1. Potential Litigation: Claim Nos. 2018-44 and 2018-48 (Brady, 15 mins.) Mayor's Report Standing time for briefings, updates and reports to Council by the Mayor, if needed. 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. 22133 1. Authorization of Payroll Labor Cost Payments Dated October 26 - p. 368 November 9, 2018 22134 2. Authorization of A/P Checks Issued November 2, 2018 p. 369 22135 3. Authorization of A/P Checks Issued November 9, 2018 p. 370 22136 4. A Resolution Setting the Date and Time for a Public Hearing Before p. 371 the Hearing Examiner for Consideration of a Petition to Vacate the Unimproved Portion of Rimland Drive in the Barkley Neighborhood 22137 5. Amendment to the Interlocal Agreement with the Department of p. 375 Ecology for the Squalicum Creek Reroute Water Quality and Biotic Integrity Improvements Phase 3 Project Final Consideration of Ordinances 22094 1. An Ordinance of the City of Bellingham, Washington Relating to the p. 388 Levying of Taxes and Establishing the Amount to Be Raised in 2019 on the Assessed Valuation of the Property Within the City. 22090 2. An Ordinance Relating to the Annexation of Approximately 174-Acres p. 395 of Unincorporated Property Located Adjacent to the Northern Boundary of the Bellingham City Limits and Commonly Known as the Bennett / Bakerview / Airport Drive Annexation 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, December 3, 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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