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City Council - Regular Meeting

Regular Meeting

Bellingham, WA · December 10, 2018

AgendaMinutesPacketVideo Recording

Minutes

City of Bellingham City Council Regular Meeting Minutes December 10, 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. The City Council's Annual Reorganization Meeting will take place on Monday, January 7, 2019 with discussion at 1 p.m. in the Mayor's Boardroom on the second floor of City Hall. 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 22150 1. Public Hearing to Consider an Emergency Moratorium on Bed and Breakfast Facilities Kurt Nabbefeld, Development Service Manager, explained the regulations for the Bed and Breakfast facilities and adopted ordinance. Council President Hammill opened the Public Hearing. City of Bellingham Regular City Council Meeting Page 1 of 8 12/10/2018 Minutes No citizens spoke and the Public Hearing was closed. The ordinance remains in effect. 15-Minute Public Comment Period Rob Lee, Executive Officer of BIAWC, conveyed the Building Industries Association's desire to build housing in the City of Bellingham that is affordable. They submitted recommendations last month that addressed the proposed subdivision ordinance and respectfully ask that the Planning Commission adopt their recommendations. {AB #22069} Bryan Jones, a member of the Government Affairs Committee with the BIAWC, objected to the proposed changes to title 23 of the Municipal Code on common ownership of multiple parcels. {AB #22069} Craig Parkinson, also serves on the Government Affairs Committee with the BIAWC, and spoke about section 23.080.08C, which could be rewritten to eliminate ambiguity. {AB #22069} Bill Geyer, Geyer Associates, brought attention to the ordinance on page 43 of the packet. He noted a problem with the time frame for the development of a plat. He stated that a compromise was offered by design professionals and was not presented in time to the Planning Committee for consideration. He noted that the compromise handout was distributed to Council Members to review. He respectfully requested the Council adopt the additions to the ordinance. {AB #22069} Anne Mackie, reported that she spoke with the School District regarding the location of their buses being stored at the bus barn location near Whatcom Creek. She relayed that she was told her that the district does not have a different site to house their buses and will be going out to bid next month for construction of the site. She requested the City conduct more talks with the School District. She also suggested that perhaps the Port has property available to use. Council Standing Committee Meetings: Planning and Community Development Michael Lilliquist, Chair April Barker; Hannah Stone 22039 1. Neighborhood Equity Assessment: Third in a Series of Housing Equity Discussions with Community Partners City of Bellingham Regular City Council Meeting Page 2 of 8 12/10/2018 Minutes Discussion during Committee. Various community partners joined in the discussion which included the Arc of Whatcom County, Opportunity Council, Whatcom Early Learning Center, Department of Social and Health Services (DSHS) Developmental Disabilities Administration, and the Whatcom County Health Department discussed housing trends and needs for those with special needs and the need for affordable housing and the challenges they face. Information only. 22151 2. Urban Village Status Report Discussion during Committee. This included an Urban Village status report. The report discussed collective recommendations to be put on future work plans. An action plan will follow in the New Year. Information only. Public Works and Natural Resources Gene Knutson, Chair Terry Bornemann; Michael Lilliquist 22152 1. Bid Award for 2018 Watermain Replacements Bid 76B-2018 Gene Knutson / Terry Bornemann moved to award Bid No. 76B-2018 for 2018 Watermain Replacements to Dawson Construction LLC of Bellingham, 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 $1,512,046.65, which includes any applicable WSST. MOTION CARRIED 7-0. 22153 2. Bid Award for Public Works Operations Yard Retrofit--Phase 2, RFP #67B-2018 Gene Knutson / Terry Bornemann moved to award Bid No. 67B-2018 for Public Works Operations Yard Retrofit to Ram Construction of Bellingham 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 $1,303,466.15, which includes any applicable WSST. MOTION CARRIED 7-0. 22154 3. Bid Award for 2017 Annual Overlay - Roeder Avenue Project Number ES-0540 RFP #74B-2018 Gene Knutson / Terry Bornemann moved to award Bid No. ES-0540 RFP #74B-2018 for 2017 Annual Overlay to Colacurcio Brothers, Inc. of Blaine, 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 $2,605,308.94, which includes any applicable WSST and to reject the City additive bid $611,000. MOTION CARRIED 6-1. Opposed: April Barker City of Bellingham Regular City Council Meeting Page 3 of 8 12/10/2018 Minutes Justice April Barker, Chair Pinky Vargas; Hannah Stone 22155 1. Potential Joint Council Resolution: Youth and Young Adult Resilience Presentation during Committee. Council Member Barker reported the Committee have an intention to bring forward a draft a joint resolution between the City and Whatcom County for youth and young resilience. Information only. Committee Of The Whole Daniel Hammill, Chair April Barker; Gene Knutson; Pinky Vargas; Terry Bornemann; Michael Lilliquist, Hannah Stone 22156 1. Overview of the City of Bellingham 2018 Comprehensive Emergency Management Plan Daniel Hammill / April Barker moved final approval of Resolution #2018-35. MOTION CARRIED 7-0. 2. Approval of Minutes Hannah Stone / Gene Knutson moved approval of the December 3, 2018 minutes of the regular City Council meeting as submitted. MOTION CARRIED 7-0. 3. Old/New Business Council Member Vargas expressed how much she appreciates the work of the staff and thanked the Mayor for her leadership throughout 2018. Council Member Bornemann thanked Dan Hammill for pulling Council together and stepping up into the Council President role. Council Member Knutson thanked the staff for their contributions this year and Dan Hammill for filling the Council President role and Hannah Stone for accepting the position as the new Council Member. Executive Session – Report and Action only. Closed to the public. Report in the Regular Meeting only: 1. Litigation: Schrieb v. City of Bellingham, et. al. City of Bellingham Regular City Council Meeting Page 4 of 8 12/10/2018 Minutes Staff provided information on a 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 provided clarification on the School District’s intent regarding their use of the bus barn. She also announced customization about the Hirst decision. 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. 22157 1. Renewal of the Interlocal Agreement with Whatcom County Parks and Recreation for the Use of the Plantation Range 22158 2. Interlocal Agreement with Port of Bellingham for Communications Maintenance and Repair Services 22159 3. Authorization of A/P Checks Issued November 30, 2018 22160 4. Authorization of Payroll Labor Cost Payments Dated November 10 - November 21, 2018 Gene Knutson / Hannah Stone moved approval of the Consent Agenda in its entirety. MOTION CARRIED 7-0. Final Consideration of Ordinances 22006 1. An Ordinance of the City of Bellingham, Washington Regarding the Attachment of Small Cell Telecommunications Facilities to City Light Poles; Amending Bellingham Municipal Code Chapter 13.16 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: Hammill, Barker, Knutson, Vargas, Bornemann, Lilliquist, Stone NAYS: (None) EXCUSED: (None) MOTION CARRIED and was thereafter named Ordinance #2018-12-028. City of Bellingham Regular City Council Meeting Page 5 of 8 12/10/2018 Minutes 22123 2. An Ordinance of the City of Bellingham, Washington Regarding Transportation Impact Fees; Amending Bellingham Municipal Code Chapter 19.06 to Establish a Multimodal Transportation Impact Fee System; and Establishing a 2019 Multimodal TIF Rate Ted Carlson, Public Works Director, read the amendments into the Record. Michael Lilliquist / 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 #2018-12-029. 22142 3. An Ordinance of The City Of Bellingham, Washington Authorizing Closure of the Federal Building Fund Gene Knutson / April Barker 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 #2018-12-030. 22143 4. An Ordinance of the City of Bellingham, Washington Amending the 2017-2018 Biennial Budget to Increase Appropriations in Various Funds Terry Bornemann / 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: Hammill, Barker, Knutson, Vargas, Bornemann, Lilliquist, Stone NAYS: (None) EXCUSED: (None) MOTION CARRIED and was thereafter named Ordinance #2018-12-031. 22144 5. An Ordinance Authorizing the City of Bellingham Finance Department to Make an In-Lieu-Of Payment to the Mayor in an Amount Equivalent to the Amount City of Bellingham Regular City Council Meeting Page 6 of 8 12/10/2018 Minutes the City Would Have Paid to the Department of Retirement Systems, in the Event the Mayor Is Denied Membership into the Public Employees’ Retirement System and Setting Forth Intent to Provide for Such Payments for Similarly Situated Employees and Officials 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: Knutson, Vargas, Bornemann, Lilliquist, Stone NAYS: Hammill, Barker EXCUSED: (None) MOTION CARRIED and was thereafter named Ordinance #2018-12-032. 22121 6. An Ordinance Relating to the Annexation of Approximately 75-Acres of Unincorporated Property Located Adjacent to the Northern Boundary of the Bellingham City Limits and Commonly Known as the Mt. Baker Highway / Britton Road Annexation Hannah Stone / 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: Hammill, Barker, Knutson, Vargas, Bornemann, Lilliquist, Stone NAYS: (None) EXCUSED: (None) MOTION CARRIED and was thereafter named Ordinance #2018-12-033. 22082 7. An Ordinance of the City of Bellingham, Washington Adopting the 2019 - 2020 Biennial Budget 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: Knutson, Vargas, Bornemann, Lilliquist, Stone NAYS: Hammill, Barker EXCUSED: (None) MOTION CARRIED and was thereafter named Ordinance #2018-12-034. City of Bellingham Regular City Council Meeting Page 7 of 8 12/10/2018 Minutes 22122 8. An Ordinance Amending Bellingham Municipal Code (BMC) Title 13 to Incorporate Street Improvement Requirements Associated with Land Divisions Michael Lilliquist / 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 #2018-12-035. 22069 9. An Ordinance Relating to Land Division, Land Use Planning and Utilities, Amending Bellingham Municipal Code (BMC) Titles 15, 16, 20 And 21, Repealing Title 18 and Adopting a New Title 23 as the City of Bellingham’s Land Division Ordinance Terry Bornemann / April Barker 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 #2018-12-036. Adjournment There being no further business, the meeting adjourned at 8:06 PM. Daniel Hammill, Council President ATTEST: Elisabeth Oakes, City Clerk Representative APPROVED: 1/7/2019 City of Bellingham Regular City Council Meeting Page 8 of 8 12/10/2018 Minutes

Agenda

City of Bellingham City Council Regular Meeting Agenda December 10, 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. The City Council's Annual Reorganization Meeting will take place on Monday, January 7, 2019 with discussion at 1 p.m. in the Mayor's Boardroom on the second floor of City Hall. Pledge of Allegiance Roll Call Public Hearing 22150 1. Public Hearing to Consider an Emergency Moratorium on Bed and p. 6 Breakfast Facilities 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 10:00 AM Michael Lilliquist, Chair April Barker; Hannah Stone 22039 1. Neighborhood Equity Assessment: Third in a Series of Housing Equity p. 14 Discussions with Community Partners 22151 2. Urban Village Status Report p. 26 Public Works and Natural Resources 1:00 PM Gene Knutson, Chair Terry Bornemann; Michael Lilliquist 22152 1. Bid Award for 2018 Watermain Replacements Bid 76B-2018 p. 68 22153 2. Bid Award for Public Works Operations Yard Retrofit--Phase 2, RFP p. 73 #67B-2018 22154 3. Bid Award for 2017 Annual Overlay - Roeder Avenue Project Number p. 78 ES-0540 RFP #74B-2018 Justice 1:20 PM April Barker, Chair Pinky Vargas; Hannah Stone 22155 1. Potential Joint Council Resolution: Youth and Young Adult Resilience p. 83 Committee Of The Whole 1:35 PM Daniel Hammill, Chair April Barker; Gene Knutson; Pinky Vargas; Terry Bornemann; Michael Lilliquist, Hannah Stone 22156 1. Overview of the City of Bellingham 2018 Comprehensive Emergency p. 85 Management Plan 2. Approval of Minutes 3. Old/New Business Executive Session 2:00 PM Closed to the public. Report in the Regular Meeting only: 1. Litigation: Schrieb v. City of Bellingham, et. al. (Brady, approx. 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. 22157 1. Renewal of the Interlocal Agreement with Whatcom County Parks p. 220 and Recreation for the Use of the Plantation Range 22158 2. Interlocal Agreement with Port of Bellingham for Communications p. 227 Maintenance and Repair Services 22159 3. Authorization of A/P Checks Issued November 30, 2018 p. 232 22160 4. Authorization of Payroll Labor Cost Payments Dated November 10 - p. 233 November 21, 2018 Final Consideration of Ordinances 22006 1. An Ordinance of the City of Bellingham, Washington Regarding the p. 234 Attachment of Small Cell Telecommunications Facilities to City Light Poles; Amending Bellingham Municipal Code Chapter 13.16 22123 2. An Ordinance of the City of Bellingham, Washington Regarding p. 237 Transportation Impact Fees; Amending Bellingham Municipal Code Chapter 19.06 to Establish a Multimodal Transportation Impact Fee System; and Establishing a 2019 Multimodal TIF Rate 22142 3. An Ordinance of The City Of Bellingham, Washington Authorizing p. 265 Closure of the Federal Building Fund 22143 4. An Ordinance of the City of Bellingham, Washington Amending the p. 268 2017-2018 Biennial Budget to Increase Appropriations in Various Funds 22144 5. An Ordinance Authorizing the City of Bellingham Finance Department p. 274 to Make an In-Lieu-Of Payment to the Mayor in an Amount Equivalent to the Amount the City Would Have Paid to the Department of Retirement Systems, in the Event the Mayor Is Denied Membership into the Public Employees’ Retirement System and Setting Forth Intent to Provide for Such Payments for Similarly Situated Employees and Officials 22121 6. An Ordinance Relating to the Annexation of Approximately 75-Acres p. 280 of Unincorporated Property Located Adjacent to the Northern Boundary of the Bellingham City Limits and Commonly Known as the Mt. Baker Highway / Britton Road Annexation; Assigning City Land Use and Zoning Designations and Establishing an Effective Date 22082 7. An Ordinance of the City of Bellingham, Washington Adopting the p. 310 2019 - 2020 Biennial Budget 22122 8. An Ordinance Amending Bellingham Municipal Code (BMC) Title 13 to p. 315 Incorporate Street Improvement Requirements Associated with Land Divisions 22069 9. An Ordinance Relating to Land Division, Land Use Planning and p. 323 Utilities, Amending Bellingham Municipal Code (BMC) Titles 15, 16, 20 And 21, Repealing Title 18 and Adopting a New Title 23 as the City of Bellingham’s Land Division Ordinance 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, January 7, 2019 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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