City Council - Regular Meeting
Regular MeetingBellingham, WA · December 3, 2018
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.
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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
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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.
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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.
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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.
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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.
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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
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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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