City Council - Regular Meeting

City of Bellingham City Council Regular Meeting Minutes December 9, 2019, 7:00 PM Mayor Seth Fleetwood Contact: (360) 778-8200, ccmail@cob.org Council Members Hannah Stone, Gene Knutson, Daniel Hammill, www.cob.org/council Pinky Vargas, Lisa Anderson, Michael Lilliquist and All meetings are held in the City Hall Council Chambers at Hollie Huthman 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 16, 2019 at 7:00 PM in the City Council Chambers there will be a Public Hearing to consider proposed amendments to the Fountain District urban village development regulations, found in Bellingham Municipal Code (BMC) 20.37.210-250. 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 Hollie Huthman, At-Large Public Hearing 22256 1. Public Hearing for Ordinance Relating to Restrictive Covenants that Limit or Prohibit the Use of Property for Grocery Stores Peter Ruffatto, City Attorney, presented on the proposed ordinance regarding restrictive covenants and explained the process. Council President Hammill opened the Public Hearing. City of Bellingham Regular City Council Meeting Page 1 of 7 12/9/2019 Minutes  Public Comment was taken. There being no further comments, the Public Hearing was closed. Pinky Vargas / April Barker moved for first and second reading as amended on page 4 of the ordinance, in section C4 to read: "The Director shall have discretion to extend the distance limit in BMC 20.10.027(C)(1)(b) to no more than one mile; the time requirement in BMC 20.10.027(C)(1)(c); the term limit in BMC 20.10.027(C)(1)(d); and the time period in BMC 20.10.027(C)(2) upon written request of an owner or operator and such requesting party’s presentation of evidence establishing extenuating circumstances that demonstrate good cause for the extension. Factors to be considered in evaluating good cause shall be: 1) maintaining or increasing food access in the surrounding area, including the area around the discontinued site; 2) needs related to financing and construction for the new location; and 3) promoting private investment in the surrounding area. The director shall issue a written determination on the request." 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 Linvilled thanked the Council for their work on the Waterfront Development agreement. 22502 1. Mayor's Appointment of David Frankel and Sarah Birch to the Mayor's Neighborhood Advisory Commission (Information) The Mayor appoints David Frankel as the South Hill Neighborhood Representative to his first term, which will expire on November 21, 2021, at which time he may be reappointed. The Mayor appoints Sarah Birch as the Lettered Streets Neighborhood Representative to her first term, which will expire on December 2, 2021, at which time she may be reappointed. Information only. City of Bellingham Regular City Council Meeting Page 2 of 7 12/9/2019 Minutes Council Standing Committee Meetings: Planning and Community Development April Barker, Chair Terry Bornemann, Michael Lilliquist 22039 1. Housing/Equity Analysis - Update Council Member Barker reported an update on the Housing / Equity Assesssment. During Committee, the final component of the analysis was discussed. They identified areas that could support the expanded range of housing types to best reduce environmental impacts, provide access to recreational facilities, food, transit and schools and meet the City's health goals. Information only. The final recommendations will be presented at the December 16th meeting. Information only. Finance, Personnel and Economic Development Pinky Vargas, Chair Michael Lilliquist, Hollie Huthman 22503 1. An Ordinance Repealing the Occupation Tax on Municipal Golf Courses Pinky Vargas / Gene Knutson moved for first and second reading. MOTION CARRIED 7-0. 22504 2. Whatcom Museum Transition In 2014 the Museum underwent a strategic planning process that resulted in 31 recommendations with respect to facilities, staffing, collections, finances, governance, and exhibitions. Patricia Leach, Museum Director, presented the progress on the recommendations. Discussion during Committee. Information only. The Mayor added that the management contract for the Museum, is different than other city management contracts. She emphasized the importance of being responsible with the City assets and protecting them. Committee of the Whole Daniel Hammill, Chair April Barker; Gene Knutson; Pinky Vargas; Terry Bornemann; Michael Lilliquist, Hollie Huthman 22505 1. Presentation by the City Council's Climate Action Task Force Presentation during Committee. City of Bellingham Regular City Council Meeting Page 3 of 7 12/9/2019 Minutes  Daniel Hammill / Gene Knutson moved to direct staff to provide a comparison between Climate Action Task Force recommendations and the adopted Climate Action Plan on January 13, 2020, as well as create a climate action standing committee. MOTION CARRIED 7-0. 22434 2. Consideration of a Package of Amendments to the Waterfront District Sub- Area Plan and Related Documents Daniel Hammill / Terry Bornemann moved for first and second reading with revisions to include language to add "owned and/or" before the word "operated" in the cultural facilities section. MOTION CARRIED 7-0. 22496 3. Consideration of a Resolution Authorizing the Mayor to Enter into a Modification of the Waterfront District Development Agreement with the Port of Bellingham Daniel Hammill / April Barker moved final approval of Resolution #2019-33. MOTION CARRIED 7-0. 22497 4. Consideration of an Update to the Interlocal Agreement for Facilities with the Port of Bellingham for the Waterfront District Daniel Hammill / Michael Lilliquist moved to authorize the Mayor to enter into an updated interlocal agreement for facilities with the Port of Bellingham for the Waterfront District. MOTION CARRIED 7-0. 5. Approval of Minutes Michael Lilliquist / Gene Knutson moved approval of the November 18, 2019 minutes of the regular City Council meeting as submitted. MOTION CARRIED 7-0. 6. Old/New Business Council Member Barker explained that Council Member Hannah Stone, was appointed to the Council At-Large position last year when Council Member Murphy resigned City of Bellingham Regular City Council Meeting Page 4 of 7 12/9/2019 Minutes  from the position. Due to the City's Charter, the position was appointed, and the next elected Council Member begins immediately. That is why the newly elected Council Member Hollie Huthman is present tonight serving at her first meeting. Hannah Stone, also recently elected to City Council, will serve as Ward One's representative. Her term begins January 1, 2020. Council President Hammill explained that he serves on the adviosry team for the LEAD Program. LEAD stands for Law Enforcement Assisted Diversion. The program is headed by Eric Richie, Whatcom County's Prosecutor, and is designed to divert low level drug offendors out of the jail and into treatment services. Executive Session – Report and Action only. 1. Litigation: Smith v. City of Bellingham and Brooks Laughlin Staff provided information on a litigation matter. For information and discussion. No action taken. 2. Potential Property Acquisition Staff informed City Council that the City has entered into a purchase and sale agreement to acquire a 0.44 - acre property owned by the Estate of M. Ellen Moon and the Charles E. Moon Credit Trust and located in the Lake Whatcom Watershed (Parcel No. 3803221373920000). 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 purchase price is $115,000. Closing is contingent upon City Council approval. Gene Knutson / Michael Lilliquist moved to authorize the purchase of a 0.44-acre parcel for the apprised value of $115,000, with closing to take place on or around December 13, 2019. 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. 22506 1. Forestland Response Agreement with Washington Department of Natural Resources 22507 2. Fire District Assistance Agreement with Washington Department of Natural Resources City of Bellingham Regular City Council Meeting Page 5 of 7 12/9/2019 Minutes 22508 3. Interlocal Financial Assistance Agreement with Whatcom County Health Department 22509 4. An Ordinance Authorizing the Closure of the Olympic Whatcom Falls Park Addition Fund Gene Knutson / Michael Lilliquist moved for first and second reading. MOTION CARRIED 7-0. 22510 5. Authorization of A/P Checks Issued November 15, 2019 22511 6. Authorization of A/P Checks Issued November 22, 2019 22512 7. Authorization of Payroll Labor Cost Payments for the Period Dated October 16 - October 31, 2019 22513 8. Interlocal Agreement Between Whatcom County and the Cities of Whatcom County for the Purpose of Administering Funds for Housing Gene Knutson / Michael Lilliquist moved approval of the Consent Agenda in its entirety. MOTION CARRIED 7-0. Final Consideration of Ordinances 22318 1. An Ordinance Relating to the Vacation of the Entire Length and Width of Dakota Avenue Abutting Blocks 2 and 3, Nash's Add to Fairhaven within the City of Bellingham April Barker / 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, Huthman NAYS: (None) EXCUSED: (None) MOTION CARRIED and was thereafter named Ordinance #2019-12-036 22491 2. An Ordinance Amending the Bellingham Municipal Code Chapters 6.04 and 6.05 to Adopt Mandatory Changes to the Model Business and Occupations Tax Ordinance as Required by the State of Washington City of Bellingham Regular City Council Meeting Page 6 of 7 12/9/2019 Minutes  Pinky Vargas / 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, Huthman NAYS: (None) EXCUSED: (None) MOTION CARRIED and was thereafter named Ordinance #2019-12-037 Adjournment There being no further comments, the meeting adjourned at 10:03 pm. Daniel Hammill, Council President ATTEST: Elisabeth Oakes, City Clerk Representative APPROVED: 12/16/2019 City of Bellingham Regular City Council Meeting Page 7 of 7 12/9/2019 Minutes