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City Council - Regular Meeting

Regular Meeting

Bellingham, WA · October 7, 2019

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Minutes

City of Bellingham City Council Regular Meeting Minutes October 7, 2019, 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 22434 1. A Public Hearing to Consider a Package of Amendments to the Waterfront District Sub-Area Plan and Related Documents Greg Aucutt, Assistant Planner Director, outlined the proposed Waterfront District Amendments. The proposed amendments include changes to the Sub-Area plan, development regulations, design standards, planned action ordinance, development agreement and the interlocal agreement. The Planning Commission reviewed the proposed changes and recommended approval. Tara Sundin, Economic Development Manager, explained the history of the interlocal agreement. She explained the changes in the agreement. City of Bellingham Regular City Council Meeting Page 1 of 7 10/7/2019 Minutes Brian Gouran, Director of Environmental Programs at the Port of Bellingham, provided background and history on the proposed Sub-Area Plan amendment. He urged Council to review the detail in the plan and approve by the end of the year (deadline). Council President Hammill opened the Public Hearing. Public Comment was taken. There being no further comments, the Public Hearing was closed. Michael Lilliquist / Terry Bornemann moved the item to the Planning Committee for further discussion. MOTION FAILED 2-5, Barker, Hammill, Knutson, Stone and Vargas opposed. Gene Knutson / April Barker moved the item to the Committee of the Whole. MOTION CARRIED 7-0. 15-Minute Public Comment Period Public Comment was taken. Mayor's Report Standing time for briefings, updates and reports to Council by the Mayor, if needed. Information only. Mayor Linville addressed concern over the YMCA plan to take over the Arne Hanna swim center. Leslie Bryson, Parks Director, affirmed that there is a need for more pool space. She clarified information on the new four lanes as proposed in the YMCA plan. There was some talk that the new lanes would be warm water but that has not been decided. The School District may also investigate adding an additional pool of their own. The Mayor reported the status of the ongoing investigation in regard to HomesNOW! Board of Directors. Police Chief David Doll and Rick Sepler, Planning Director, have been meeting with the organization almost daily for the past few weeks. Chief Doll, informed Council that while the investigation is ongoing, they are advised to suspend any additional move-ins to Unity Village. He has also advised their board to implement policies on sexual harassment and fiscal operations. The Chief anticipates the investigation to be complete by the end of the month. 22435 1. Mayor's Appointment of Alexandra Costic to the Historic Preservation Commission (Approval) City of Bellingham Regular City Council Meeting Page 2 of 7 10/7/2019 Minutes Gene Knutson / Michael Lilliquist moved the Mayor's appointment of Alexandra Costic to the Historic Preservation Commission. This is her first partial term, which will expire on June 30, 2020, at which time she may be reappointed. MOTION CARRIED 7-0. 22436 2. Mayor's Reappointment of Amy Chaloupka to the Bellingham Arts Commission (Approval) Gene Knutson / Terry Bornemann moved Mayor's the reappointment of Amy Chaloupka to the Bellingham Arts Commission. This is her final term, which will expire on October 24, 2023. MOTION CARRIED 7-0. 22437 3. Mayor's Reappointment of Elizabeth Jennings to the Community Development Advisory Board (Information) The Mayor reappoints Elizabeth Jennings to the Community Development Advisory Board. This is her final term, which will expire on October 1, 2022. Information only. 22438 4. Mayor's Reappointment of David LeBow to the Mayor's Neighborhood Advisory Commission (Information) The Mayor reappoints David LeBow to the Mayor's Neighborhood Advisory Commission. This is his final term, which will expire on October 9, 2021. Information only. 22439 5. Mayor's Reappointment of Keith Coleman to the Tourism Commission (Information) The Mayor reappoints Keith Coleman to the Tourism Commission. This is his third term, which will expire on October 3, 2022, at which time he may be reappointed. Information only. Council Standing Committee Meetings: Public Works and Natural Resources Gene Knutson, Chair Terry Bornemann, April Barker 22376 1. An Ordinance Renewing Trans Mountain Pipeline (Puget Sound), LLC’s Franchise to Operate and Maintain its Existing Pipeline Facilities for the Transportation of Petroleum Products within Bellingham Rights-of-Way and Public Property City of Bellingham Regular City Council Meeting Page 3 of 7 10/7/2019 Minutes April Barker / Michael Lilliquist moved the item to the Public Works Committee for further discussion and to consult with the Pipeline Safety Trust. MOTION CARRIED 4-3 Bornemann, Knutson and Vargas opposed. 22400 2. Chestnut Bridge Alternatives Discussion during Committee. Gene Knutson / Hannah Stone moved to direct staff to find out the cost for signalization for option five, investigate different funding revenues, contact established ADA and cycling communities for feedback on options two and five, and bring information for discussion at a later meeting. MOTION CARRIED 7-0. 22441 3. Deer Crossing Data Presentation During Committee, Dr. Susan Kane - Ronning gave a presentation on deer crossing accidents within the surrounding area. She showed a short video and provided helpful deer crossing signs. Eric Johnston, Interim Public Works Director, offered to work with her to install the new signs in areas where deer crossings are frequent. Information only. 22442 4. Report from the September 30, 2019 Lake Whatcom Policy Group Meeting Presentation during Committee. Gene Knutson reported the policy group met on September 30th and discussed several topics. At the meeting, they covered the 2020 -2024 Work Plan, process for revising the City of Bellingham's Lake Whatcom regulatory chapter, Shoreline Master Plan process overview, land acquisition program annual review, gather data for on-site septic impact assessment, and discuss future meeting topics. Information only. Planning and Community Development April Barker, Chair Terry Bornemann, Michael Lilliquist 22443 1. Discussion: Community Led Housing Introduction During Committee, discussion on community led housing took place. Galen Herz, Special Projects and Policy Coordinator at Kulshan Community Land Trust, provided insights on the rapidly growing United Kingdom community led housing sector and shared models that work for communities to provide housing. Information only. City of Bellingham Regular City Council Meeting Page 4 of 7 10/7/2019 Minutes Finance, Personnel and Economic Development Pinky Vargas, Chair Michael Lilliquist, Hannah Stone 22444 1. An Ordinance Amending the 2019-2020 Biennial Budget for International Association of Fire Fighters (IAFF), Local 106S Salary Increases Pinky Vargas / Gene Knutson moved for first and second reading. MOTION CARRIED 7-0. 22445 2. An Ordinance Amending the 2019-2020 Biennial Budget for Bellingham Police Guild Salary and Benefit Increases Pinky Vargas / Hannah Stone 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 22446 1. Resolution Exempting the Women's Winter Shelter at Civic Field from State Building Code Requirements in Order to Provide Housing for Indigent Persons Consistent with the Provisions of RCW 19.27.042 Daniel Hammill / Hannah Stone moved final approval of Resolution #2019-28. MOTION CARRIED 7-0. 22430 2. An Ordinance Regarding Alignment Between Departmental Policies and Engrossed Second Substitute Senate Bill 5497 (E2SSB 5497) and to Develop an Immigration Advisory Board to Facilitate Ongoing Community Participation and Offer Advisory Feedback on Issues R Presentation during Committee. Council Member Stone will present updates to the ordinance for consideration at the next meeting. Information only. 3. Approval of Minutes Michael Lilliquist / April Barker moved approval of the September 23, 2019 minutes of the regular City Council meeting as submitted. MOTION CARRIED 7-0. City of Bellingham Regular City Council Meeting Page 5 of 7 10/7/2019 Minutes 4. Old/New Business Council Member Barker, relayed that some community members have expressed confusion over a ballot measure that will soon be voted on. She proposed that the Council present a resolution of clarification before the election to help simplify the intent of the measure. Peter Ruffatto, City Attorney, advised that it is the City's standard procedure to hold a public hearing on any resolutions regarding ballot measures. Council Member Bornemann mentioned that we are spending too much time on the Public Comment period. He reminded Council that we used to spend 15 minutes and if we anticipated a longer time with many speakers, we would move it to the end of the meeting. He suggested we move back to that practice. 22447 5. Presentation of the 2019-2020 Mid-Biennium Adjustment Work Session presented in the Mayor's Boardroom during Committee. Information only. Executive Session – Report and Action only. 1. Litigation: City of Bellingham v. Baker Staff provided information on a litigation matter. For information and discussion. No action taken. 2. Potential Litigation: Erb Staff provided information on a potential litigation matter. For information and discussion. Michael Lilliquist / Terry Bornemann moved to authorize the Mayor to enter into a contract with Kissinger and Fellman, P.C., to provide legal counsel, advice, and representation in an appeal of the FCC cable franchise fee order. MOTION CARRIED 7-0. 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. 22440 1. Renew Interlocal Agreement with Bellingham Public Schools 22448 2. Authorization of Payroll Labor Cost Payments for the Period Dated August 16 - August 31, 2019 City of Bellingham Regular City Council Meeting Page 6 of 7 10/7/2019 Minutes 22449 3. Authorization of Payroll Labor Cost Payments for the Period Dated September 1 - September 15, 2019 22450 4. Authorization of A/P Checks Issued September 20, 2019 22451 5. Authorization of A/P Checks Issued September 27, 2019 Gene Knutson / Michael Lilliquist moved approval of the Consent Agenda in its entirety. MOTION CARRIED 7-0. Adjournment There being no further business, the meeting adjourned at 9:50 PM. Daniel Hammill, Council President ATTEST: Elisabeth Oakes, City Clerk Representative APPROVED: 10/21/2019 City of Bellingham Regular City Council Meeting Page 7 of 7 10/7/2019 Minutes

Agenda

City of Bellingham City Council Regular Meeting Agenda October 7, 2019, 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 22434 1. A Public Hearing to Consider a Package of Amendments to the p. 6 Waterfront District Sub-Area Plan and Related Documents 15-Minute Public Comment Period Mayor's Report Standing time for briefings, updates and reports to Council by the Mayor, if needed. Information only. 22435 1. Mayor's Appointment of Alexandra Costic to the Historic Preservation p. 265 Commission (Approval) 22436 2. Mayor's Reappointment of Amy Chaloupka to the Bellingham Arts p. 268 Commission (Approval) 22437 3. Mayor's Reappointment of Elizabeth Jennings to the Community p. 269 Development Advisory Board (Information) 22438 4. Mayor's Reappointment of David LeBow to the Mayor's p. 270 Neighborhood Advisory Commission (Information) 22439 5. Mayor's Reappointment of Keith Coleman to the Tourism Commission p. 271 (Information) 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: Public Works and Natural Resources 10:00 AM Gene Knutson, Chair Terry Bornemann, April Barker 22376 1. An Ordinance Renewing Trans Mountain Pipeline (Puget Sound), LLC’s p. 272 Franchise to Operate and Maintain its Existing Pipeline Facilities for the Transportation of Petroleum Products within Bellingham Rights- of-Way and Public Property 22400 2. Chestnut Bridge Alternatives p. 305 22441 3. Deer Crossing Data Presentation p. 325 22442 4. Report from the September 30, 2019 Lake Whatcom Policy Group p. 328 Meeting Planning and Community Development 1:00 PM April Barker, Chair Terry Bornemann, Michael Lilliquist 22443 1. Discussion: Community Led Housing Introduction p. 332 Finance, Personnel and Economic Development 1:30 PM Pinky Vargas, Chair Michael Lilliquist, Hannah Stone 22444 1. An Ordinance Amending the 2019-2020 Biennial Budget for p. 350 International Association of Fire Fighters (IAFF), Local 106S Salary Increases 22445 2. An Ordinance Amending the 2019-2020 Biennial Budget for p. 355 Bellingham Police Guild Salary and Benefit Increases Committee Of The Whole 1:40 PM Daniel Hammill, Chair April Barker; Gene Knutson; Pinky Vargas; Terry Bornemann; Michael Lilliquist, Hannah Stone Please be advised that if the City Council is ahead of schedule, they may start with old/new business before the official Committee of the Whole meeting time. 22446 1. Resolution Exempting the Women's Winter Shelter at Civic Field from p. 359 State Building Code Requirements in Order to Provide Housing for Indigent Persons Consistent with the Provisions of RCW 19.27.042 22430 2. An Ordinance Regarding Alignment Between Departmental Policies p. 363 and Engrossed Second Substitute Senate Bill 5497 (E2SSB 5497) and to Develop an Immigration Advisory Board to Facilitate Ongoing Community Participation and Offer Advisory Feedback on Issues 3. Approval of Minutes 4. Old/New Business 22447 5. Presentation of the 2019-2020 Mid-Biennium Adjustment p. 368 Executive Session 3:00 PM Closed to the public. Report in the Regular Meeting only: 1. Litigation: City of Bellingham v. Baker (Brady, approx. 15 mins) 2. Potential Litigation: Erb (approx. 10 mins) 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. 22440 1. Renew Interlocal Agreement with Bellingham Public Schools p. 389 22448 2. Authorization of Payroll Labor Cost Payments for the Period Dated p. 400 August 16 - August 31, 2019 22449 3. Authorization of Payroll Labor Cost Payments for the Period Dated p. 401 September 1 - September 15, 2019 22450 4. Authorization of A/P Checks Issued September 20, 2019 p. 402 22451 5. Authorization of A/P Checks Issued September 27, 2019 p. 403 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, October 21, 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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