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City Council - Regular Meeting

Regular Meeting

Bellingham, WA · December 16, 2019

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Minutes

City of Bellingham City Council Regular Meeting Minutes December 16, 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 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. The City Council's Annual Reorganization Meeting will take place on Monday, January 6, 2020 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 Hollie Huthman, At-Large Presentation 22514 1. Resolution Honoring Councilmember Terry Bornemann Council Member Knutson presented a resolution that recognizes the many contributions of Council Member Bornemann while serving on the City Councill. Gene Knutson / Michael Lilliquist moved final approval of Resolution #2019-34. MOTION CARRIED 7-0. City of Bellingham Regular City Council Meeting Page 1 of 11 12/16/2019 Minutes 22515 2. Resolution Honoring Councilmember April Barker Council President Hammill introduced a resolution honoring Council Member Barker and her many contributions while serving on the City Council. Daniel Hammill / Gene Knutson moved final approval of Resolution #2019-35. MOTION CARRIED 7-0. 22524 3. Resolution Honoring Mayor Kelli Linville Council President Hammill, presented a resolution to honor Mayor Linville's two terms of service to the City of Bellingham. Daniel Hammill / Gene Knutson moved final approval of Resolution #2019-36. MOTION CARRIED 7-0. Public Hearing 22516 1. A Public Hearing to Consider an Ordinance Amending the Fountain District Urban Village (FDUV) Development Regulations and Permitted Uses Darby Cowles, Senior Planner, presented the changes of the proposed ordinance that included an amendment to the development regulations within the Fountain District Urban Village that would increase the allowable Floor Area Ration (FAR) in the commercial core from 1.5 to 2.5. It would also increase a portion of the commercial transition area from 0.6 to 1.5. it would increase the bicycle parking requirements to be consistent with other urban village regulations and amend the permitted uses in the commercial transition areas to allow "schools, art schools, and institutions of higher education" as a conditional use. Council President Hammill opened the Public Hearing. Public Comment was taken. There being no further comments, the Public Hearing was closed. The written record will remain open until a final decsion, per Resolution #2013-09. Gene Knutson / Michael Lilliquist moved the item to the Planning Committee for further discussion. MOTION CARRIED 7-0. City of Bellingham Regular City Council Meeting Page 2 of 11 12/16/2019 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. Mayor Linville thanked the department heads and her Mayoral staff for their service. The Mayor presented a new logo sticker to add to our vehicles. The new design will also be used for businesses in the community that participate in the Safe Places program. 22517 1. Mayor's Reappointment of Richard Osen to the Bellingham Public Library Board of Trustees (Approval) Michael Lilliquist / April Barker moved the Mayor's reappointment of Richard Osen to his final term on the Bellingham Public Library Board of Trustees. His term will expire on February 9, 2025. MOTION CARRIED 7-0. 22518 2. Mayor's Appointment of David Heck to the Bellingham Arts Commission (Approval) Gene Knutson / Hollie Huthman moved the Mayor's appointment of David Heck to his first term, on the Bellingham Arts Commission, which will expire on January 1, 2022, at which time he may be reappointed. MOTION CARRIED 7-0. 22519 3. Mayor's Reappointment of Jill MacIntyre Witt to the Mayor's Neighborhood Advisory Commission (Information) The Mayor reappoints Jill MacIntyre Witt to her final term as the Columbia Neighborhood Representative, which will expire on January 24, 2022. Council Standing Committee Meetings: Planning and Community Development April Barker, Chair Terry Bornemann, Michael Lilliquist City of Bellingham Regular City Council Meeting Page 3 of 11 12/16/2019 Minutes 22039 1. Housing/Equity Analysis - Update Council Member Barker reported recommendations from the presentation during Committee. Information only. Public Works and Natural Resources Gene Knutson, Chair Terry Bornemann, April Barker 22520 1. Emergency Generator at City Hall, Bid 72B-2019 Gene Knutson / April Barker moved to award Bid No. 72B-2019 for an emergency generator at City Hall to Electric West, Inc. of Mount Vernon, Washington 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 $352,188, which includes any applicable WSST. MOTION CARRIED 7-0. 22521 2. Award for 2019 Overlay - Harrison St. and James St. ES-0544, BID # 52B-2019 Gene Knutson / Terry Bornemann moved to award Bid No. 52B-2019 for 2019 Overlay - Harrison Street and James St to Granite Construction of Everett, Washington 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 $744,241.00, which includes any applicable WSST. MOTION CARRIED 7-0. 22522 3. Bid Award for 2020 Portland Cement Concrete Repairs, BID # 80B-2019 Gene Knutson / Terry Bornemann moved to award Bid No. 80B-2019 for 2020 Portland Cement Concrete Repairs to S&S Concrete of Bellingham, Washington 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 $1,125,950.00, which includes any applicable WSST. MOTION CARRIED 7-0. Finance, Personnel and Economic Development Pinky Vargas, Chair Michael Lilliquist, Hollie Huthman City of Bellingham Regular City Council Meeting Page 4 of 11 12/16/2019 Minutes 22523 1. Interlocal Agreement Between Whatcom County and the Cities of Whatcom County for Purposes of Implementing a Countywide Regional Wayfinding Program Pinky Vargas / Michael Lilliquist moved to authorize the Mayor to enter into an interlocal agreement between Whatcom County and the Cities of Whatcom County for purposes of implementing a countywide regional wayfinding program. MOTION CARRIED 7-0. Committee of the Whole Daniel Hammill, Chair April Barker; Gene Knutson; Pinky Vargas; Terry Bornemann; Michael Lilliquist, Hollie Huthman 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. 22530 1. Presentation on Public Banking by Senator Bob Hasegawa (11th LD) Presentation during Committee. Daniel Hammill / April Barker moved to request the Council President and Mayor to work with Senator Hasegawa on developing a resolution to support public banking that includes specific concerns that might benefit the City of Bellingham. MOTION CARRIED 7-0. 22525 2. An Ordinance Amending the 2019-2020 Biennial Budget and Finding a Emergency Shortage of Childcare Daniel Hammill / April Barker moved for first and second reading. MOTION CARRIED 7-0. 3. Approval of Minutes Michael Lilliquist / Gene Knutson moved approval of the December 9, 2019 minutes of the regular City Council meeting as submitted. MOTION CARRIED 7-0. 4. Old/New Business City of Bellingham Regular City Council Meeting Page 5 of 11 12/16/2019 Minutes Council Member Knutson thanked Council President Hammill for serving as Council President. Council Member Barker thanked the Council staff for their help throughout the years. Executive Session – Report and Action only. 1. Labor Relations: Review Proposals for AFSCME Local No. 114-F Staff provided information on the proposed 2020-2022 collective bargaining agreement between the City and AFSCME Local No. 114-F. Michael Lilliquist / Terry Bornemann moved to ratify the agreement reached with the following general terms: DURATION: 2020-2022 WAGE INCREASES: Effective January 1, 2020 - 3.0% increase in base rate of pay Effective January 1, 2021 - 3.0% increase in base rate of pay Effective January 1, 2022 - 3.0% increase in base rate of pay Additional of Shift Leads at 6% Premium HEALTH INSURANCE Increase in the City's contribution to Medical Health Care at 5% in each of 2020, 2021, and 2020. MOTION CARRIED 7-0. 2. Labor Relations: Review Proposals for AFSCME Local No. 114-L Staff provided information on the proposed 2020-2022 collective bargaining agreement between the City and AFSCME Local No. 114-L. Gene Knutson / Pinky Vargas moved to ratify the agreement reached with the following general terms. DURATION: 2020-2022 WAGE INCREASES: Effective January 1, 2020 - 3.0% increase in base rate of pay Effective January 1, 2021 - 3.0% increase in base rate of pay Effective January 1, 2022 - 3.0% increase in base rate of pay City of Bellingham Regular City Council Meeting Page 6 of 11 12/16/2019 Minutes HEALTH INSURANCE Increase in the City's contribution to Medical Health Care at 5% in each of 2020, 2021, and 2020. MOTION CARRIED 7-0. 3. Labor Relations: Review Proposals for Teamsters Union, Local No. 231 Staff provided information on the proposed 2020-2022 collective bargaining agreement between the City and the Teamsters Union, Local No. 231. April Barker / Michael Lilliquist moved to ratify the agreement reached with the following general terms: DURATION: 2020 - 2022 WAGE INCREASES: Effective January 1, 2020 - 3.25% increase in base rate of pay Effective January 1, 2021 - 3.25% increase in base rate of pay Effective January 1, 2022 - 3.25% increase to base rate of pay Implementation of the Market Study Conducted in 2019 HEALTH INSURANCE Increase in the City's contribution to Medical Health Care at 5% in each of 2020, 2021 and 2022. MOTION CARRIED 7-0. 4.0. Labor Relations with WhatCOMM - Law Enforcement Dispatching Staff provided information on the proposedd 2020 - 2022 collective bargaining agreement between the City and WhatCOMM - Law Enforcement Dispatching. Gene Knutson / Hollie Huthman moved to ratify the agreement reached with the following general terms: DURATION: 2020 - 2022 WAGE INCREASES: City of Bellingham Regular City Council Meeting Page 7 of 11 12/16/2019 Minutes Effective January 1, 2020 - 3.25% increase in base rate of pay Effective January 1, 2021 - 3.0% increase in base rate of pay Effective January 1, 2022 - 3.0% increase to base rate of pay New Service Quality Steps at 10 & 20 years of service at 1% each HEALTH INSURANCE Increase in the City's contribution to Medical Health Care at 5% in each of 2020, 2021 and 2022. MOTION CARRIED 7-0. 5. Litigation: Young et al. v. Pena, City of Bellingham et. al. Staff provided information on a litigation matter. For information and discussion. No action taken. 6. 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. 22526 1. Interlocal Agreement with Bellingham Housing Authority 22527 2. Renewal of Interlocal Agreement with Whatcom County Parks Department 22528 3. Authorization of Payroll Labor Cost Payments for the Period Dated November 1 - November 15, 2019 22529 4. Authorization of A/P Checks Issued December 06, 2019 April Barker / Michael Lilliquist moved approval of the Consent Agenda in its entirety. MOTION CARRIED 7-0. Final Consideration of Ordinances 22293 1. An Ordinance Amending the Samish Way Urban Village (SWUV) Subarea Plan and Corresponding Development Regulations City of Bellingham Regular City Council Meeting Page 8 of 11 12/16/2019 Minutes Terry Bornemann / 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 2019-12-038. 22376 2. 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 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: Hammill, Barker, Knutson, Vargas, Bornemann, Lilliquist, Huthman NAYS: (None) EXCUSED: (None) MOTION CARRIED and was thereafter named Ordinance 2019-12-039. 22434 3. An Ordinance Relating to Land Use and Zoning, Amending the 2013 Waterfront District Sub-Area Plan, the City Center Neighborhood Plan, Bellingham Municipal Code (BMC) 16.30 Article II – Waterfront District Planned Actions, BMC 20.25 Regarding Waterfront District Design Review, and BMC 20.37 Article V Waterfront District Urban Village Development Regulations Pinky Vargas / 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, Huthman NAYS: (None) EXCUSED: (None) MOTION CARRIED and was thereafter named Ordinance 2019-12-040. City of Bellingham Regular City Council Meeting Page 9 of 11 12/16/2019 Minutes 22256 4. An Ordinance Relating to Restrictive Covenants that Limit or Prohibit the Use of Property for Grocery Stores, Providing for Exceptions, and Adding a New Section 20.10.027 to the Bellingham Municipal Code 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 2019-12-041. 22503 5. An Ordinance Repealing the Occupation Tax on Municipal Golf Courses in Chapter 6.06 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, Huthman NAYS: (None) EXCUSED: (None) MOTION CARRIED and was thereafter named Ordinance 2019-12-042. 22509 6. An Ordinance Authorizing the Closure of the Olympic Whatcom Falls Park Addition Fund 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, Huthman NAYS: (None) EXCUSED: (None) MOTION CARRIED and was thereafter named Ordinance 2019-12-043. 22025 7. An Ordinance of the City of Bellingham Relating to Bellingham’s Comprehensive Plan, Amending the Housing Chapter to Add Goal and Policy Language Regarding Manufactured Home Parks City of Bellingham Regular City Council Meeting Page 10 of 11 12/16/2019 Minutes April Barker / 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 2019-12-044. Adjournment There being no further business the meeting adjorned at 8:52 PM. Daniel Hammill, Council President ATTEST: Elisabeth Oakes, City Clerk Representative APPROVED: 1/13/2020 City of Bellingham Regular City Council Meeting Page 11 of 11 12/16/2019 Minutes

Agenda

City of Bellingham City Council Regular Meeting Agenda December 16, 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 Hollie Huthman 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 6, 2020 with discussion at 1 p.m. in the Mayor's Boardroom on the second floor of City Hall. Pledge of Allegiance Roll Call Presentation 22514 1. Resolution Honoring Councilmember Terry Bornemann p. 6 22515 2. Resolution Honoring Councilmember April Barker p. 9 22524 3. Resolution Honoring Mayor Kelli Linville p. 12 Public Hearing 22516 1. A Public Hearing to Consider an Ordinance Amending the Fountain p. 16 District Urban Village (FDUV) Development Regulations and Permitted Uses 15-Minute Public Comment Period Mayor's Report Standing time for briefings, updates and reports to Council by the Mayor, if needed. Information only. 22517 1. Mayor's Reappointment of Richard Osen to the Bellingham Public p. 52 Library Board of Trustees (Approval) 22518 2. Mayor's Appointment of David Heck to the Bellingham Arts p. 53 Commission (Approval) 22519 3. Mayor's Reappointment of Jill MacIntyre Witt to the Mayor's p. 55 Neighborhood Advisory Commission (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: Planning and Community Development 10:30 AM April Barker, Chair Terry Bornemann, Michael Lilliquist 22039 1. Housing/Equity Analysis - Update p. 56 Public Works and Natural Resources 1:00 PM Gene Knutson, Chair Terry Bornemann, April Barker 22520 1. Emergency Generator at City Hall, Bid 72B-2019 p. 83 22521 2. Award for 2019 Overlay - Harrison St. and James St. ES-0544, BID # p. 86 52B-2019 22522 3. Bid Award for 2020 Portland Cement Concrete Repairs, BID # 80B- p. 90 2019 Finance, Personnel and Economic Development 1:15 PM Pinky Vargas, Chair Michael Lilliquist, Hollie Huthman 22523 1. Interlocal Agreement Between Whatcom County and the Cities of p. 93 Whatcom County for Purposes of Implementing a Countywide Regional Wayfinding Program Committee Of The Whole 1:25 PM Daniel Hammill, Chair April Barker; Gene Knutson; Pinky Vargas; Terry Bornemann; Michael Lilliquist, Hollie Huthman 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. 22530 1. Presentation on Public Banking by Senator Bob Hasegawa (11th LD) p. 112 22525 2. An Ordinance Amending the 2019-2020 Biennial Budget and Finding a p. 113 Emergency Shortage of Childcare 3. Approval of Minutes 4. Old/New Business Executive Session 2:20 PM Closed to the public. Report in the Regular Meeting only: 1. Labor Relations: Review Proposals for AFSCME Local No. 114-F (Johnson, approx. 5 mins) 2. Labor Relations: Review Proposals for AFSCME Local No. 114-L (Johnson, approx. 5 mins) 3. Labor Relations: Review Proposals for Teamsters Union, Local No. 231 (Johnson, approx. 5 mins) 4. Litigation: Young et al. v. Pena, City of Bellingham et. al. (Brady, approx. 20 mins) 5. Potential Property Acquisition (Marriner, approx. 15 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. 22526 1. Interlocal Agreement with Bellingham Housing Authority p. 119 22527 2. Renewal of Interlocal Agreement with Whatcom County Parks p. 126 Department 22528 3. Authorization of Payroll Labor Cost Payments For the Period Dated p. 133 November 1 - November 15, 2019 22529 4. Authorization of A/P Checks Issued December 06, 2019 p. 134 Final Consideration of Ordinances 22293 1. An Ordinance Amending the Samish Way Urban Village (SWUV) p. 135 Subarea Plan and Corresponding Development Regulations 22376 2. An Ordinance Renewing Trans Mountain Pipeline (Puget Sound), LLC’s p. 222 Franchise to Operate and Maintain its Existing Pipeline Facilities for the Transportation of Petroleum Products within Bellingham Rights- of-Way and Public Property 22434 3. An Ordinance Relating to Land Use and Zoning, Amending the 2013 p. 229 Waterfront District Sub-Area Plan, the City Center Neighborhood Plan, Bellingham Municipal Code (BMC) 16.30 Article II – Waterfront District Planned Actions, BMC 20.25 Regarding Waterfront Di 22256 4. An Ordinance Relating to Restrictive Covenants that Limit or Prohibit p. 442 the Use of Property for Grocery Stores, Providing for Exceptions, and Adding a New Section 20.10.027 to the Bellingham Municipal Code 22503 5. An Ordinance Repealing the Occupation Tax on Municipal Golf p. 458 Courses in Chapter 6.06 22509 6. An Ordinance Authorizing the Closure of the Olympic Whatcom Falls p. 461 Park Addition Fund 22025 7. An Ordinance of the City of Bellingham Relating to Bellingham’s p. 464 Comprehensive Plan, Amending the Housing Chapter to Add Goal and Policy Language Regarding Manufactured Home Parks 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 13, 2020 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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