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City Council - Regular Meeting

Regular Meeting

Bellingham, WA · December 3, 2018

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Minutes

City of Bellingham City Council Regular Meeting Minutes December 3, 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. 1. On December 10, 2018 at 7:00 PM in City Council Chambers, there will be a Public Hearing on Consideration of an emergency moratorium on the siting, establishment and operation of any structures or uses related to Bed and Breakfast Facilities and the 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 15-Minute Public Comment Period Harlow Friday, objected to the DADU ordinance and relayed his experience with a neighbor that has a DADU next to him. Anne Mackie, asked that City staff reach out to the School District to talk with them about the location of their new bus barn upgrade. She relayed a plan from York Neighborhood Association from nearly ten years ago that addressed concerns about the bus barn location. City of Bellingham Regular City Council Meeting Page 1 of 7 12/3/2018 Minutes Todd Lagestee, objected to a budget ordinance that allows the City to fund the Mayor's retirement program in the event she is adopted into the DRS program. He also voiced concerns about his perceived lack of support for a firefighter who served the City of Bellingham but recently passed. Yoshe Revelle, reminded all that the living as an unsheltered person, takes courage to get up every morning. Rob Lee, Executive Officer of the Builders Association of Whatcom County, spoke about the subdivision ordinance before the Council. He stated that more regulation makes it hard for builders to build affordable housing. He urged the Council to pass the ordinance. Council Standing Committee Meetings: Planning and Community Development Michael Lilliquist, Chair April Barker; Hannah Stone 22140 1. Housing Levy "Home Fund" Administrative and Financial Plan Presentation during Committee. The draft plan meets the requirements for affordable housing plan. The changes to the Resolution were mentioned during Committee. Michael Lilliquist reported on page 6 of the math total were corrected. On page 11 of the plan, one sentence was struck. Two sections discussed goals and those were amended. Three criteria were set out and the language clarified. A final part, the bridge loan program, was also amended. Michael Lilliquist / Gene Knutson moved approval of Resolution #2018-34. MOTION CARRIED 7-0. Public Works and Natural Resources Gene Knutson, Chair Terry Bornemann; Michael Lilliquist 22006 1. An Ordinance Amending Bellingham Municipal Code Chapter 13.16 Regarding the Attachment of Small Cell Telecommunications Facilities to City Owned Light Poles Gene Knutson / Michael Lilliquist moved for first and second reading. MOTION CARRIED 7-0. 22138 2. Bid Award for Lake Padden Lift Stations, Bid #75B-2018 City of Bellingham Regular City Council Meeting Page 2 of 7 12/3/2018 Minutes Gene Knutson / Hannah Stone moved to award Bid No. 75B-2018 for Lake Padden Lift Stations to Faber Construction Corporation of Lynden, 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 $641,796.06, which includes any applicable WSST. MOTION CARRIED 7-0. 22139 3. Memorandum of Agreement Between the US Army Corps of Engineers, the Washington State Historic Preservation Officer, the City of Bellingham, and the Nooksack Tribe in Regard to the Middle Fork Nooksack River Fish Passage Project Gene Knutson / Michael Lilliquist moved to authorize the Mayor to enter into a memorandum of agreement between the US Army Corps of Engineers, the Washington State Historic Preservation Officer, the City of Bellingham, and the Nooksack Tribe in Regard to the Middle Fork Nooksack River Fish Passage Project. MOTION CARRIED 7-0. 22123 4. Ordinance Adopting a New Multimodal Transportation Impact Fee (TIF) System Consistent with Bellingham Comprehensive Plan Gene Knutson / Pinky Vargas moved for first and second reading. MOTION CARRIED 7-0. Public Safety Terry Bornemann, Chair Gene Knutson; Hannah Stone 22141 1. Interlocal Agreement for Mobile Data Computer Network Between Sumas Police and What-Comm Communications Center Terry Bornemann / Gene Knutson moved to authorize the Mayor to enter into an interlocal agreement for mobile data computer network between Sumas Police and What-Comm Communications Center. MOTION CARRIED 7-0. Finance and Personnel Hannah Stone, Chair April Barker; Pinky Vargas 22142 1. An Ordinance Authorizing Closure of the Federal Building Fund (125) Hannah Stone / Gene Knutson moved for first and second reading. MOTION CARRIED 7-0. City of Bellingham Regular City Council Meeting Page 3 of 7 12/3/2018 Minutes 22143 2. An Ordinance Amending the 2017-2018 Biennial Budget, Increasing Appropriations in Various Funds Hannah Stone / 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 22121 1. Consideration of the Mt. Baker Highway / Britton Road Annexation Consisting of Approximately 75-Acres Located Within the City's Northern Urban Growth Area Daniel Hammill / Gene Knutson moved for first and second reading. MOTION CARRIED 7-0. 22144 2. An Ordinance Providing for an In-Lieu-Of Payment Related to PERS Contributions and PERS Membership Daniel Hammill / Gene Knutson moved for first and second reading. MOTION CARRIED 5-2. Opposed: Daniel Hammill, April Barker 22082 3. An Ordinance Adopting the 2019-2020 Biennial Budget of the City of Bellingham Forrest Longman, Budget Manager, outlined the items that were amended to the ordinance. Daniel Hammill / Gene Knutson moved for first and second reading. MOTION CARRIED 5-2. Opposed: Daniel Hammill, April Barker 4. Approval of Minutes Hannah Stone / Terry Bornemann moved approval of the November 19, 2018 minutes of the regular City Council meeting as submitted. MOTION CARRIED 7-0. 5. Old/New Business Gene Knutson commended the service of George H.W. Bush, at the passing of the former president. Executive Session – Report and Action only. City of Bellingham Regular City Council Meeting Page 4 of 7 12/3/2018 Minutes 1. Potential Litigation Staff provided information on a potential litigation matter. For information and discussion. No action taken. 2. Benson v. City of Bellingham et. al. Staff provided information on a litigation matter. For information and discussion. No action taken. 3. Potential Litigation Staff provided information on a potential litigation matter. For information and discussion. No action taken. 4. Potential Property Acquisition. Staff provided information on a potential property acquisition. For information and discussion. No action taken. 5. Litigation: Haskell Corporation v. City of Bellingham. Gene Knutson / Terry Bornemann moved to authorize the Mayor to enter into a settlement agreement with the following terms: dismissal of this lawsuit and resolution of all claims related thereto for the payment of $125,000.00 to the plaintiff. MOTION CARRIED 7-0. Mayor's Report Standing time for briefings, updates and reports to Council by the Mayor, if needed. Information only. Mayor Linville reported that Leslie Bryson, Parks Director, has had with the Bellingham School District regarding their bus barn. The District indicated they were looking for other land for bus parking, and would like for the current site to eventually be used only for maintenance. There is no timeframe for this. The Federal Building restoration is now closed and city staff are occupying those offices. Rick Sepler, Director of Planning and Community Development, reported that the application for the temporary tent encampment was submitted last week. Public Comment is open until 5:00 PM on Friday, December 7. City of Bellingham Regular City Council Meeting Page 5 of 7 12/3/2018 Minutes The Mayor was pleased to announce the new City Hall Receptionist, Shelley Halle, who started her first day today, December 3, 2018. Lastly, the Library downstairs conference room will be available provide a safe, warm room for unsheltered women on cold days this winter. If the Library cannot accommodate, the City Hall rotunda will be available. 22145 1. Approval of Mayor's Appointment of Finance Director Mayor Linville announced that Andy Asbjornsen has been appointed to the Finance Director position. Gene Knutson / Terry Bornemann moved to approve the appointment. MOTION CARRIED 7-0. 22146 2. Mayor's Reappointment of Randy Osborn to the Civil Service Commission (Approval) Gene Knutson / Terry Bornemann moved the Mayor's reappointment of Randy Osborn to the Civil Service Commission, where he will serve his first full term, which will expire on January 1, 2024. MOTION CARRIED 7-0. 22147 3. Mayor's Appointments of Garrett Leque and Anna Santo to the Lake Whatcom Watershed Advisory Board (Approval) Michael Lilliquist / Gene Knutson moved the Mayor's appointments of Garrett Leque and Anna Santo to the Lake Whatcom Watershed Advisory Board. Both are serving their first terms, which will expire on December 3, 2021. MOTION CARRIED 7-0. 22148 4. Mayor's Reappointment of Ellen Howard to the Parks & Recreation Advisory Board (Information) The Mayor reappoints Ellen Howard to her first full term, on the Parks and Recreation Advisory Board, which will expire on November 22, 2021. 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. 22149 1. Authorization of A/P Checks Issued November 16, 2018 Gene Knutson / Hannah Stone moved approval of the Consent Agenda in its entirety. City of Bellingham Regular City Council Meeting Page 6 of 7 12/3/2018 Minutes MOTION CARRIED 7-0. Adjournment There being no further business, the meeting adjourned at 7:58 PM. Daniel Hammill, Council President ATTEST: Elisabeth Oakes, City Clerk Representative APPROVED: 12/10/2018 City of Bellingham Regular City Council Meeting Page 7 of 7 12/3/2018 Minutes

Agenda

City of Bellingham City Council Regular Meeting Agenda December 3, 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. 1. On December 10, 2018 at 7:00 PM in City Council Chambers, there will be a Public Hearing on consideration of an emergency moratorium on the siting, establishment and operation of any structures or uses related to bed and breakfast facilities and the submission of any business license or land use applications for such uses. The effective period of the moratorium is six (6) months to allow the implementation of the City’s short-term rental regulations, which become effective on May 5, 2019. Pledge of Allegiance Roll Call 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 22140 1. Housing Levy "Home Fund" Administrative and Financial Plan p. 6 Public Works and Natural Resources 11:00 AM Gene Knutson, Chair Terry Bornemann; Michael Lilliquist 22006 1. An Ordinance Amending Bellingham Municipal Code Chapter 13.16 p. 103 Regarding the Attachment of Small Cell Telecommunications Facilities to City Owned Light Poles 22138 2. Bid Award for Lake Padden Lift Stations, Bid #75B-2018 p. 106 22139 3. Memorandum of Agreement Between the US Army Corps of p. 110 Engineers, the Washington State Historic Preservation Officer, the City of Bellingham, and the Nooksack Tribe in Regard to the Middle Fork Nooksack River Fish Passage Project 22123 4. Ordinance Adopting a New Multimodal Transportation Impact Fee p. 121 (TIF) System Consistent with Bellingham Comprehensive Plan Public Safety 1:00 PM Terry Bornemann, Chair Gene Knutson; Hannah Stone 22141 1. Interlocal Agreement for Mobile Data Computer Network Between p. 149 Sumas Police and What-Comm Communications Center Finance and Personnel 1:10 PM Hannah Stone, Chair April Barker; Pinky Vargas 22142 1. An Ordinance Authorizing Closure of the Federal Building Fund (125) p. 154 22143 2. An Ordinance Amending the 2017-2018 Biennial Budget, Increasing p. 157 Appropriations in Various Funds Committee Of The Whole 1:25 PM Daniel Hammill, Chair April Barker; Gene Knutson; Pinky Vargas; Terry Bornemann; Michael Lilliquist, Hannah Stone 22121 1. Consideration of the Mt. Baker Highway / Britton Road Annexation p. 163 Consisting of Approximately 75-Acres Located Within the City's Northern Urban Growth Area 22144 2. An Ordinance Providing for an In-Lieu-Of Payment Related to PERS p. 195 Contributions and PERS Membership 22082 3. An Ordinance Adopting the 2019-2020 Biennial Budget of the City of p. 201 Bellingham 4. Approval of Minutes 5. Old/New Business Executive Session 2:15 PM Closed to the public. Report in the Regular Meeting only: 1. Potential Litigation (Ruffatto, approx. 10 mins) 2. Benson v. City of Bellingham et. al. (Brady, approx. 5 mins) 3. Potential Litigation (Marriner, approx. 15 mins) Mayor's Report Standing time for briefings, updates and reports to Council by the Mayor, if needed. Information only. 22145 1. Approval of Mayor's Appointment of Finance Director p. 211 22146 2. Mayor's Reappointment of Randy Osborn to the Civil Service p. 212 Commission (Approval) 22147 3. Mayor's Appointments of Garrett Leque and Anna Santo to the Lake p. 213 Whatcom Watershed Advisory Board (Approval) 22148 4. Mayor's Reappointment of Ellen Howard to the Parks & Recreation p. 220 Advisory Board (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. 22149 1. Authorization of A/P Checks Issued November 16, 2018 p. 221 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 10, 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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