City Council - Regular Meeting

City of Bellingham City Council Regular Meeting Minutes November 18, 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. 1. On December 9, 2019 at 7:00 PM in the City Council Chambers there will be a Public Hearing to consider a draft ordinance of the City of Bellingham, Washington that prohibits the use of restrictive covenants that preclude the use of real property for grocery store operations or sales, except in limited circumstances 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 Presentation 22485 1. Whatcom Museum Presentation of People of the Sea and Cedar Patricia Leach, the Executive Director of the Whatcom Museum, gave a presentation on the People of the Sea and Cedar exhibit that is currently featured at the Lightcatcher building. Information only. City of Bellingham Regular City Council Meeting Page 1 of 8 11/18/2019 Minutes 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. Brian Heinrich, Deputy Administrator, expressed that the City is working with both the Port of Bellingham and Whatcom County to help find a site suitable for a tiny home encampment. The Unity Village encampment, currently run by HomesNOW! and located in Fairhaven is scheduled to run through April 2020. 22487 1. Mayor's Reappointment of David Warren to the Civil Service Commission (Approval) Terry Bornemann / Gene Knutson moved the Mayor's reappointment of David Warren to the Civil Service Commission for his sixth term, which will expire on January 1, 2025. MOTION CARRIED 7-0. 22488 2. Mayor's Appointment of Ernest Scherb to the Lake Whatcom Watershed Advisory Board (Approval) Michael Lilliquist / Gene Knutson moved the Mayor's appointment of Ernest Scherb to the Lake Whatcom Watershed Advisory Board for his first partial term, which will expire on February 24, 2022, at which time he may be reappointed. MOTION CARRIED 7-0. 22489 3. Mayor's Appointment of Jake Hawes to the Greenway Advisory Committee (Approval) Terry Bornemann / Pinky Vargas moved the Mayor's appointment of Jake Hawes to the Greenway Advisory Committee for his first term, which will expire on November 18, 2022, at which time he may be reappointed. MOTION CARRIED 7-0. 22490 4. Mayor's Appointment of Joani Pfeiffer and Monica Aebly to the Mayor's Neighborhood Advisory Commission (Information) The Mayor appoints Joani Pfeiffer to her first term, as the King Mountain Neighborhood Primary Representative for the Mayor's Neighborhood Advisory Commission. Her term will expire on December 27, 2021, at which time she may be reappointed. City of Bellingham Regular City Council Meeting Page 2 of 8 11/18/2019 Minutes  The Mayor appoints Monica Aebly to her first partial term, as the Cordata Neighborhood Primary Representative for the Mayor's Neighborhood Advisory Commission. Her term will expire on June 8, 2020, at which time she may be reappointed. Council Standing Committee Meetings: Planning and Community Development April Barker, Chair Terry Bornemann, Michael Lilliquist 22039 1. Housing/Equity Analysis - Update Presentation during Committee. Today's session focused on the question, "How can we help balance the housing opportunities found in portions of the City?" The next meeting, scheduled for December 9, 2019, will focus on where new housing should be located to best reduce environmental impacts, provide access to recreational facilities, food, transit, school, and meet health goals. Information only. 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 Council Member Barker reported that they received information addressing concerns from the Pipeline Safety Trust. Eric Johnston, Interim Public Works Director, reported that there are no proposed changes to the franchise service area and no material changes to the facility currently in place. The City does not have the ability to regulate the volume of material or the type of material flowing through the pipeline. Council Member Barker addressed a newer concern; being, if the pipeline carries more volume, can we (the City) charge more fees? Eric Johnston explained that the volume charges are regulated by the State of Washington, not regulated by the City. Council President Hammill does not support the ordinance. Council Member Lilliquist advised that the Council does not have authority to deny the franchise agreement. City of Bellingham Regular City Council Meeting Page 3 of 8 11/18/2019 Minutes  Council Member Knutson reminded all that tough Pipeline Safety rules have been put in place after the 1999 pipeline explosion in the City. Council Member Vargas is confident about the safety recommendations and stated that a "no" vote on the franchise agreement ordinance is a "no" against keeping our economy, hospitals, schools and transportation going. Council Member Bornemann would like to vote "no," but it is a federal issue and feels he has the responsibility to act and to the community. Gene Knutson / Terry Bornemann moved for first and second reading. MOTION CARRIED 6-1. Opposed: Daniel Hammill 22007 2. Community Broadband Update Discussion during Committee. The 2019 -2020 Budget includes $100,000 for a study to consider options to extend use of the existing community broadband system beyond public agencies. Options range from dark fiber leasing to public fiber to the premises with the City as a direct service and content provider. A rough draft of a Request for Proposals (RFP) for the study was presented for discussion. The item will return to Council at a later date for further discussion. Information only. Finance, Personnel and Economic Development Pinky Vargas, Chair Michael Lilliquist, Hannah Stone 22491 1. An Ordinance Amending the Bellingham Municipal Code to Adopt Mandatory Changes to the City's Business and Occupation Tax Pinky Vargas / Gene Knutson moved for first and second reading. MOTION CARRIED 7-0. 22492 2. Lodging Tax Advisory Committee's 2020 Lodging Tax Budget Recommendations Presentation during Committee. A sub-committee of the Tourism Committee provided the City Council with lodging tax budget recommendations. The budget presented is for organizations to receive in grant money. These grants help organizations and non- profit agencies promote tourism. 38 applicants were tallied and 31 were awarded grants. Information only. City of Bellingham Regular City Council Meeting Page 4 of 8 11/18/2019 Minutes Committee Of The Whole Daniel Hammill, Chair April Barker; Gene Knutson; Pinky Vargas; Terry Bornemann; Michael Lilliquist, Hannah Stone 22493 1. Adopt Resolution Regarding a Sales and Use Tax for Affordable and Supportive Housing Under RCW 82.14.540 (SHB 1406) Daniel Hammill / Michael Lilliquist moved final approval of Resolution #2019-31 as amended, replacing "the attached memorandum" on page 1 of the resolution with "the memorandum attached to Resolution #2019-25." MOTION CARRIED 7-0. 21714 2. Consider a Recommendation from the Historic Preservation Commission Regarding the Renaming of the "Pickett Bridge" Presentation during Committee. Council Member Vargas stated that the Preservation Commission’s findings were a long process. They took over two years to act on the issue. Council Member Lilliquist added that the recommendations are not rewriting history but acting on City Council’s action that took place in 1918. The plaque will be removed from the bridge but not renamed. Council Member Knutson also noted that they will not rename the bridge. Daniel Hammill / April Barker moved to accept the recommendations of the Historic Preservation Commission. MOTION CARRIED 7-0. 22494 3. Resolution Exempting the Winter Shelters from State Building Code Requirements in Order to Provide Housing for Indigent Persons Consistent with the Provisions of RCW 19.27.042 Daniel Hammill / Pinky Vargas moved final approval of Resolution #2019-32. MOTION CARRIED 7-0. 22495 4. Overview of Winter and Severe Weather Shelter Options for those Experiencing Homelessness Presentation during Committee. Staff provided an overview of shelters that will be in operation this winter. Information only. City of Bellingham Regular City Council Meeting Page 5 of 8 11/18/2019 Minutes 22434 5. Consideration of a Package of Amendments to the Waterfront District Sub- Area plan and Related Documents The Port of Bellingham submitted a request for approval of a series of amendments to the 2013 documents that guide redevelopment of the Waterfront District. Committee provided direction to staff on multiple items. This agenda item will return to the Committee of the Whole at a later date. 22496 6. Consideration of a Resolution Authorizing the Mayor to Enter Into a Modification of the Waterfront District Development Agreement with the Port of Bellingham This item was postponed to a later date. 22497 7. Consideration of an Update to the Interlocal Agreement for Facilities with the Port of Bellingham for the Waterfront District This item was postponed to a later date. 8. Approval of Minutes Michael Lilliquist / Hannah Stone moved approval of the November 4, 2019 minutes of the regular City Council meeting as submitted. MOTION CARRIED 7-0. 9. Old/New Business Council Member Barker added that she forgot to mention during the Planning and Community Development Committee report-out that there was a small discussion on the gap in the code regarding Master Planning. Further discussion on Master Planning will be brought forward to the 2020 Council. Executive Session Closed to the public. Report in the Regular Meeting only: 1.. 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. City of Bellingham Regular City Council Meeting Page 6 of 8 11/18/2019 Minutes 22498 1. Interlocal Agreement with Whatcom Transportation Authority 22499 2. Authorization of A/P Checks Issued November 01, 2019 22500 3. Authorization of A/P Checks Issued November 08, 2019 22501 4. Authorization of Payroll Labor Cost Payments for the Period Dated October 1 - October 15, 2019 Gene Knutson / April Barker moved approval of the Consent Agenda in its entirety. MOTION CARRIED 7-0. Final Consideration of Ordinances 22452 1. An Ordinance of the City of Bellingham, Washington Relating to the Levying of Taxes and Establishing the Amount to be Raised in 2020 on the Assessed Valuation of the Property within the City 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 #2019-11-034 22447 2. An Ordinance Amending the 2019-2020 Biennial Budget, Providing for Adoption of the Mid-Biennium Adjustments to the Biennial Budget Pursuant to the Terms of RCW 35.345.130 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 #2019-11-035 Adjournment There being no further business, the meeting adjourned at 8:27 PM. City of Bellingham Regular City Council Meeting Page 7 of 8 11/18/2019 Minutes Daniel Hammill, Council President ATTEST: Elisabeth Oakes, City Clerk Representative APPROVED: 12/9/2019 City of Bellingham Regular City Council Meeting Page 8 of 8 11/18/2019 Minutes