City Council - Regular Meeting
Regular MeetingBellingham, WA · December 10, 2018
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.
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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
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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
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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.
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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.
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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
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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.
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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
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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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