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City Council - Regular Meeting

Regular Meeting

Bellingham, WA · October 21, 2019

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Minutes

City of Bellingham City Council Regular Meeting Minutes October 21, 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 22452 1. Public Hearing on the 2020 Revenue Projection, Including a One Percent Increase to the Regular Property Tax Levy Forrest Longman, Budget Manager, gave a brief summary on the revenue forecast. President Hammill opened the public hearing. No citizens spoke and the public hearing was closed. 22408 2. Public Hearing on an Emergency Interim Zoning Ordinance Allowing Temporary Building Encampments in Public Zones and Exempting Short-Term, Adverse Weather Shelters from Review Processes City of Bellingham Regular City Council Meeting Page 1 of 8 10/21/2019 Minutes Rick Sepler, Planning & Community Development Director, explained the continuation of the ordinance. Council President Hammill opened the public hearing. No citizens spoke and the public hearing was closed. 22453 3. Public Hearing for Consideration of a Resolution Opposing Washington Initiative Measure 976 ("I-976") and Urging Bellingham Voters to Vote "No" on I-976 on the November 5, 2019 General Election Ballot Council Member Barker explained the initiative and urged voters to vote "no." Council President Hammill opened the public hearing. No citizens spoke and the public hearing was closed. April Barker / Gene Knutson moved final approval of Resolution #2019-29. 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, expressed how much she appreciated the presentation from today's Committee Meeting where Executive Director of the WDRC (Whatcom Dispute Resolution Center), Moonwater, presented an update on current work in the community. Mayor Linville recommended a session on communication styles that could be taught at a later council retreat. During today's meetings, the cost of housing was mentioned several times. The Mayor noted that every time a housing requirement is passed, it affects housing affordability. She would like to look at the past few ordinances that deal with housing or building requirements. 22454 1. Mayor's Appointment of Phoebe DeMeerleer and Irena Lambrou to the Mayor's Neighborhood Advisory Commission (Information) City of Bellingham Regular City Council Meeting Page 2 of 8 10/21/2019 Minutes The Mayor appoints Phoebe DeMeerleer to the Mayor's Neighborhood Advisory Commission as the WWU Student Representative to her first term, which will expire on October 3, 2021, at which time she may be reappointed. Information only. The Mayor appoints Irena Lambrou to the Mayor's Neighborhood Advisory Commission as the South Neighborhood Primary Representative to her first term, which will expire on October 3, 2021, at which time she may be reappointed. Information only. 22455 2. Mayor's Reappointment of Skylar Hinkley to the Greenway Advisory Committee (Approval) Pinky Vargas / Gene Knutson moved approval of the Mayor's reappointment of Skylar Hinkley to the Greenway Advisory Committee. This will be his final term, which will expire on October 28, 2022. MOTION CARRIED 7-0. 22456 3. Mayor's Appointment of Laura Weiss to the Lake Whatcom Watershed Advisory Board (Approval) Michael Lilliquist / Gene Knutson moved approval of the Mayor's appointment of Laura Weiss to the Lake Whatcom Watershed Advisory Board. This will be her partial first term, which will expire on August 7, 2020, at which time she may be reappointed. MOTION CARRIED 7-0. Council Standing Committee Meetings: Public Works and Natural Resources Gene Knutson, Chair Terry Bornemann, April Barker 22457 1. An Ordinance Establishing an Industrial Wastewater Pretreatment Program Gene Knutson / April Barker moved for first and second reading. MOTION CARRIED 7-0. 22458 2. Bid Award for Middle Fork Nooksack River Fish Passage Project, EN-0047, BID # 2B-2019 Gene Knutson / April Barker moved to award Bid No. 2B-2019 for Middle Fork Nooksack River Fish Passage to Walsh Construction Company II, LLC of Seattle, WA as the lowest responsive, responsible bidder and to authorize the Mayor to enter into a City of Bellingham Regular City Council Meeting Page 3 of 8 10/21/2019 Minutes contract with them for the amount of their bid, which is $15,265,950, which includes any applicable WSST. MOTION CARRIED 7-0. Planning and Community Development April Barker, Chair Terry Bornemann, Michael Lilliquist 22459 1. Consolidated Annual Performance and Evaluation Report Presentation during Committee. Staff provided an update on the Consolidated Annual Performance and Evaluation Report (CAPER) covering the period from July 1, 2018 through June 30, 2019. Information only. 22039 2. Housing/Equity Assessment - Update 3 Presentation during Committee. Staff presented part 3 of the Housing Equity Assessment Update that asked key questions that addressed affordability, different types of housing to match income levels, needs of Bellingham residents and actions that can be taken to facilitate the desired outcome. Information only. Committee Of The Whole 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. 22460 1. A Presentation by the Mount Baker Theatre Foundation Presentation during Committee. Brad Burdick, Executive Director, provided a status report. Information only. 22461 2. Whatcom Dispute Resolution Center Update Presentation during Committee. Moonwater, Executive Director, gave an update on this year's current work. Information only. 22462 3. Hearing Examiner Annual Report to Council Presentation during Committee. An update from Sharon Rice, Hearing Examiner, was given to Council that included a summary of cases decided, issues raised in the course City of Bellingham Regular City Council Meeting Page 4 of 8 10/21/2019 Minutes of applications considered, and made recommendations regarding those issues. Information only. 22434 4. Consideration of a Package of Amendments to the Waterfront District Sub- Area Plan and Related Documents Discussion during Committee. Committee provided direction to staff on multiple items. This agenda item will return to the Committee of the Whole at a later date for further discussion. 22463 5. 2020 Revenue Forecast Presentation during Committee. Updates from the 2019 forecast were presented as well as the 2020 revenue forecast. Information only. 22430 6. An Ordinance Establishing an Immigration Advisory Board The amended ordinance was presented during Committee. The ordinance establishes an immigration advisory board to review and evaluate policies regarding compliance with Engrossed Second Substitute Senate Bill 5497 and to make specific recommendations regarding policies related to immigration matters, provides for data collection regarding contact between the City of Bellingham and Immigration and Customs Enforcement (ICE) or Customs and Border Protection (CBP), and includes periodic updates to Council. Daniel Hammill / Pinky Vargas moved for first and second reading as amended, striking "(included but not limited to agencies and departments)" in Section 2. MOTION CARRIED 7-0. 22464 7. A Resolution Setting the Dates and Times of the 2020 City Council Meetings Daniel Hammill / Gene Knutson moved final approval of Resolution #2019-30 as amended moving the August 17, 2020 meeting to August 24, 2020. MOTION CARRIED 7-0. 8. Approval of Minutes Michael Lilliquist / Gene Knutson moved approval of the October 7, 2019 minutes of the regular City Council meeting as submitted. MOTION CARRIED 7-0. City of Bellingham Regular City Council Meeting Page 5 of 8 10/21/2019 Minutes 9. Old/New Business No report was given for Old or New Business. 22447 10. Work Session on the Proposed Changes to the 2019-2020 Budget Presentation during Committee. Information only. Executive Session – Report and Action only. 1. Potential Property Acquisition Staff provided information on the potential acquisition of a 26-acre property owned by Jennifer R. Hamilton and located in the Lake Whatcom Watershed (Parcel No 380418- 135119-0000). The purchase will be made in connection with the City's Lake Whatcom Watershed Property Acquisition Program in order to help protect the City's drinking water source. The property is appraised at $400,000. Gene Knutson / Michael Lilliquist moved to authorize the purchase of a 26-acre parcel for the appraised value of $400,000, with closing to take place on or around October 31, 2019. MOTION CARRIED 7-0. 2. Potential Property Acquisition Staff provided information on a potential property acquisition. For information and discussion. No action taken. 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. 22465 1. Intergovernmental Cooperative Purchasing Agreement 22466 2. Authorize the Mayor to Enter into an Inter-Agency Agreement with the Department of Ecology for Grant Funding to Help Implement the City's National Pollution Discharge Elimination System Phase II Municipal Stormwater Permit 22467 3. Interlocal Agreement with the Washington State Recreation and Conservation Office for the Squalicum Creek Re-Route Phases III and IV Projects City of Bellingham Regular City Council Meeting Page 6 of 8 10/21/2019 Minutes 22468 4. Consideration of an Interagency Agreement with Western Washington University for Consultant Services in the Proposed Alderwood Annexation Area 22469 5. Authorization of A/P Checks Issued October 04, 2019 22470 6. Authorization of A/P Checks Issued October 11, 2019 Gene Knutson / April Barker moved approval of the Consent Agenda in its entirety. MOTION CARRIED 7-0. Final Consideration of Ordinances 22444 1. An Ordinance Amending the 2019-2020 Biennial Budget Transferring Funds Between Departments within the General Fund and Increasing Appropriation Authority in the Medic One Fund and Public Safety Dispatch Fund for International Association of Fire Fighters, 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 #2019-10-030. 22445 2. An Ordinance Amending the 2019-2020 Biennial Budget Transferring Funds Between Departments within the General Fund and Increasing Appropriation Authority in the General Fund for Bellingham Police Guild Salary and Benefit Increases Pinky Vargas / 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 #2019-10-031. City of Bellingham Regular City Council Meeting Page 7 of 8 10/21/2019 Minutes Adjournment There being no further business, the meeting adjourned at 7:57 PM. Daniel Hammill, Council President ATTEST: Elisabeth Oakes, City Clerk Representative APPROVED: 11/4/2019 City of Bellingham Regular City Council Meeting Page 8 of 8 10/21/2019 Minutes

Agenda

City of Bellingham City Council Regular Meeting Agenda October 21, 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 22452 1. Public Hearing on the 2020 Revenue Projection, Including a One p. 6 Percent Increase to the Regular Property Tax Levy 22408 2. Public Hearing on an Emergency Interim Zoning Ordinance Allowing p. 7 Temporary Building Encampments in Public Zones and Exempting Short-Term, Adverse Weather Shelters from Review Processes 22453 3. Public Hearing for Consideration of a Resolution Opposing p. 14 Washington Initiative Measure 976 ("I-976") and Urging Bellingham Voters to Vote "No" on I-976 on the November 5, 2019 General Election Ballot 15-Minute Public Comment Period Mayor's Report Standing time for briefings, updates and reports to Council by the Mayor, if needed. Information only. 22454 1. Mayor's Appointment of Phoebe DeMeerleer and Irena Lambrou to p. 34 the Mayor's Neighborhood Advisory Commission (Information) 22455 2. Mayor's Reappointment of Skylar Hinkley to the Greenway Advisory p. 38 Committee (Approval) 22456 3. Mayor's Appointment of Laura Weiss to the Lake Whatcom p. 39 Watershed Advisory Board (Approval) 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 10:30 AM Gene Knutson, Chair Terry Bornemann, April Barker 22457 1. An Ordinance Establishing an Industrial Wastewater Pretreatment p. 41 Program 22458 2. Bid Award for Middle Fork Nooksack River Fish Passage Project, EN- p. 106 0047, BID # 2B-2019 Planning and Community Development 10:45 AM April Barker, Chair Terry Bornemann, Michael Lilliquist 22459 1. Consolidated Annual Performance and Evaluation Report p. 129 22039 2. Housing/Equity Assessment - Update 3 p. 171 Committee Of The Whole 1:00 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. 22460 1. A Presentation by the Mount Baker Theatre Foundation p. 192 22461 2. Whatcom Dispute Resolution Center Update p. 204 22462 3. Hearing Examiner Annual Report to Council p. 232 22434 4. Consideration of a Package of Amendments to the Waterfront District p. 237 Sub-Area Plan and Related Documents 22463 5. 2020 Revenue Forecast p. 274 22430 6. An Ordinance Establishing an Immigration Advisory Board p. 295 22464 7. A Resolution Setting the Dates and Times of the 2020 City Council p. 299 Meetings 8. Approval of Minutes 9. Old/New Business 22447 10. Work Session on the Proposed Changes to the 2019-2020 Budget p. 303 Executive Session 3:45 PM Closed to the public. Report in the Regular Meeting only: 1. Potential Property Acquisition (Stamps, approx. 5 min) 2. Potential Property Acquisition (Stamps, approx. 5 min) 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. 22465 1. Intergovernmental Cooperative Purchasing Agreement p. 312 22466 2. Authorize the Mayor to Enter into an Inter-Agency Agreement with p. 317 the Department of Ecology for Grant Funding to Help Implement the City's National Pollution Discharge Elimination System Phase II Municipal Stormwater Permit 22467 3. Interlocal Agreement with the Washington State Recreation and p. 339 Conservation Office for the Squalicum Creek Re-Route Phases III and IV Projects 22468 4. Consideration of an Interagency Agreement with Western p. 361 Washington University for Consultant Services in the Proposed Alderwood Annexation Area 22469 5. Authorization of A/P Checks Issued October 04, 2019 p. 372 22470 6. Authorization of A/P Checks Issued October 11, 2019 p. 373 Final Consideration of Ordinances 22444 1. An Ordinance Amending the 2019-2020 Biennial Budget Transferring p. 374 Funds Between Departments within the General Fund and Increasing Appropriation Authority in the Medic One Fund and Public Safety Dispatch Fund for International Association of Fire Fighters, 22445 2. An Ordinance Amending the 2019-2020 Biennial Budget Transferring p. 379 Funds Between Departments within the General Fund and Increasing Appropriation Authority in the General Fund for Bellingham Police Guild Salary and Benefit Increases 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, November 4, 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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