City Council - Regular Meeting

City of Bellingham City Council Regular Meeting Minutes 12/08/2014, 7:00 PM Mayor Kelli Linville Contact: (360) 778-8200, ccmail@cob.org Council Members Jack Weiss, Gene Knutson, Cathy www.cob.org/council Lehman, Pinky Vargas, Terry Bornemann, Michael Lilliquist All meetings are held in the City Hall Council Chambers at and Roxanne Murphy 210 Lottie Street, Bellingham, WA unless otherwise noted. Call to Order Announcements & Upcoming Meetings: 1. On Wednesday, December 17th at 7:00 PM in Council Chambers, there will be a City Council Special Meeting to select and appoint the Interim City Council Member for Ward 3. Bellingham City Council meets all requirements of the State of Washington Open Public Meetings Act. Pledge of Allegiance Led by Council President Pro Tem Bornemann. Roll Call Cathy Lehman, excused. 15-Minute Public Comment Period Ken Holmes spoke in opposition to a Rental Safety Ordinance. He has concerns about the impacts on landlords, inspections and costs. Ric Wilson addressed the proposed Dewey Valley/Mt. Baker annexation. After being advised to alter the boundaries, he has submitted a request that leaves out a good part of Dewey Valley and includes properties with a Mt. Baker Highway address. There are two petitions going forward, his and one that is slightly smaller. He asked for the Council's consideration of his petition. City of Bellingham Regular City Council Meeting Page 1 of 8 12/8/2014  Ted Udzenija, representing Quake Ready, LLC. Further comments promoting his company were not allowed. Council Member Knutson paid respects to the late Jim Talbot, Owner, Bellingham Cold Storage and Barkley Village. Mr. Talbot and his family employed thousands of people and helped to make Bellingham what it is today. Presentation 20662 1. Explorations Academy: Twenty Years of An Education that Matters Daniel Kirkpatrick, Director, Explorations Academy presented their program that meets the needs of young people that will help them succeed in the 21st Century economy. The Academy is a fully accredited independent high school that has been in the community for 20 years. Mayor Linville delivered a Mayoral Proclamation, proclaiming December 8, 2014, Explorations Academy Day. Information only. Public Hearing 20663 1. A Public Hearing to consider approval and passage of a resolution finding that dissolution of the Bellingham Public Development Authority (PDA) is warranted "A RESOLUTION FINDING THAT THE DISSOLUTION OF THE BELLINGHAM PUBLIC DEVELOPMENT AUTHORITY IS WARRANTED." Peter Ruffatto, City Attorney explained that the process for dissolution is outlined in the enabling ordinance [2008-05-047]. If council passes the Resolution, it will trigger specific, final steps that will be taken to implement the dissolution. Mayor Linville and Mr. Ruffatto explained why the PDA is being considered for dissolution rather than a suspension and noted that if there were some specific vision for re-establishing a PDA, the City would need to determine exactly what would be required and the PDA could be reconstituted. Council President Pro Tem Bornemann opened the public hearing. City of Bellingham Regular City Council Meeting Page 2 of 8 12/8/2014  Dan Pike thanked all the people who served on the Board of the Public Development Authority. He also asked the Council to consider not shutting down the PDA completely and feels that mothballing it would be preferable. Scot Barg was a board member and chairperson of the PDA. He thanked all those who supported the process. He feels that some of the value may not be seen for a while but still believes it was a good process. He thinks it would make sense to determine if the PDA could be mothballed rather than being dissolved. There being no further comments, the public hearing was closed. Gene Knutson / Roxanne Murphy moved final approval of Resolution #2014-41. Council Member Weiss spoke in opposition to the resolution. He said that removing this entity is not a thoughtful way to pursue community development and feels this is a valuable tool. He sees no downside to mothballing the PDA and could anticipate passing another ordinance that would hold the PDA in abeyance for the future. Council Member Lilliquist feels this may be premature and does not think it would be easy to resurrect the PDA. He would be more interested in the mothball idea and does not see any reason to act right now. MOTION CARRIED 4-2, Michael Lilliquist, Jack Weiss opposed. Public Works / Public Safety 20664 1. An Ordinance Adopting a Base Rate for 2015 Transportation Impact Fees Pursuant to Chapter 19.06 of the Bellingham Municipal Code "AN ORDINANCE OF THE CITY OF BELLINGHAM, WASHINGTON, ADOPTING A TRANSPORTATION IMPACT FEE BASE RATE AND RATE SCHEDULE FOR 2015." Terry Bornemann / Michael Lilliquist moved approval for first and second reading. MOTION CARRIED 6-0. Lake Whatcom Reservoir and Natural Resources 20665 1. Report from the December 1, 2014, Lake Whatcom Policy Group Meeting City of Bellingham Regular City Council Meeting Page 3 of 8 12/8/2014  Report presented during committee. Information only. The next meeting will be convened in February. Parks and Recreation 20666 1. Budget Ordinance authorizing use of up to $52,000 from the Cemetery Cash Endowed Care Fund "AN ORDINANCE RELATING TO THE 2014 BUDGET AUTHORIZING USE OF UP TO $52,000.00 FROM THE CEMETERY CASH ENDOWED CARE RESERVE TO MAKE UP FOR REVENUE SHORTFALLS AND COVER CEMETERY OPERATING EXPENDITURES IN 2014." Roxanne Murphy / Pinky Vargas moved approval for first and second reading. Council Member Weiss fees it is inappropriate to take from an endowment fund. He is strongly opposed. MOTION CARRIED 5-1, Jack Weiss opposed. Committee Of The Whole 20668 1. Adoption of the City of Bellingham's 2015-2016 Budget "AN ORDINANCE RELATING TO THE 2015-2016 BIENNIAL BUDGET OF THE CITY OF BELLINGHAM, PROVIDING FOR THE ADOPTION OF SUCH BUDGET PURSUANT TO THE TERMS OF RCW 35.34.120, AND SETTING THE EFFECTIVE DATE." Terry Bornemann / Gene Knutson moved approval for first and second reading as amended during committee and read into the record. MOTION CARRIED 6-0. 2. Approval of City Council Committee and/or Special Meeting Minutes Jack Weiss / Roxanne Murphy moved to approve the November 24, 2014 minutes of the regular meeting as submitted. MOTION CARRIED 6-0. City of Bellingham Regular City Council Meeting Page 4 of 8 12/8/2014  3. Old/New Business None presented. Executive session 1. Potential Litigation: Claim No. 2014-44: Staff provided an update on a potential litigation matter. Jack Weiss / Roxanne Murphy moved to authorize the Mayor to enter into a settlement agreement with the following terms: resolution of Claim No. 2014-44 for the payment of $26,907.71 to the claimant for damages related to a water main break. MOTION CARRIED 6-0. Mayor's Report Standing time for briefings, updates and reports to Council by the Mayor, if needed. Information only. Rick Sepler, Director, Planning & Community Development updated council regarding ongoing work on the Rental Safety Program ordinance. Mayor Linville reported that the Holiday Tree Lighting was well attended and a great success. 20669 1. Mayor's Appointment of Richard Davis, III and Reappoints David Warren to the Civil Service Commission (Approval) Roxanne Murphy / Jack Weiss moved to approve the Mayor's appointment of Richard Davis, III, to a partial term expiring January 1, 2018 and reappoint David Warren to his fifth term, expiring January 2, 2020 to the Civil Service Commission. MOTION CARRIED 6-0. 20670 2. Mayor's Appointment of Stephen Racich to the Bellingham Sister Cities Advisory Board (Information) Information only. City of Bellingham Regular City Council Meeting Page 5 of 8 12/8/2014  20671 3. Mayor's Appointment of Nicole Burdick and Jessica Brown to the Community Development Advisory Board (Information) Information only. 20672 4. Mayor's Appointment of Zacchoreli Frescobaldi-Grimaldi to the Parks & Recreation Advisory Board (Information) Information only. 20673 5. Mayor's Reappointment of Ron Jepson and Bob Ross to the Public Works Advisory Board (Information) Information only. 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. 20667 1. An ordinance to close the Bellingham Public Development Authority Fund "AN ORDINANCE CLOSING THE BELLINGHAM PUBLIC DEVELOPMENT AUTHORITY FUND." 20646 2. Resolution Setting the 2015 City Council Meeting Schedule Res. #2014-42 "A RESOLUTION FIXING THE TIMES AND DATES OF THE 2015 REGULAR MEETINGS OF THE BELLINGHAM CITY COUNCIL BEGINNING JANUARY 5, 2015." 20674 3. An Ordinance amending the 2014 Budget by creating the Public Works Administration and Engineering Services Fund "AN ORDINANCE CREATING A NEW INTERNAL SERVICE FUND FOR PUBLIC WORKS ADMINISTRATION AND ENGINEERING SERVICES." 20675 4. Fifth Modification to What-Comm Communications Center Interlocal Agreement City of Bellingham Regular City Council Meeting Page 6 of 8 12/8/2014  20676 5. Authorization of Payroll labor cost payments dated November 11, 2014 - November 25, 2014 Gene Knutson / Roxanne Murphy moved to approve the Consent Agenda in its entirety. MOTION CARRIED 6-0. Final Consideration of Ordinances 20642 1. AN ORDINANCE RELATING TO THE VACATION OF AN UNNAMED EAST WEST RIGHT-OF-WAY GENERALLY LOCATED WEST OF THE WEST LINE OF 15TH STREET CENTERED BETWEEN TAYLOR AND DOUGLAS AVENUES ALL WITHIN THE CITY OF BELLINGHAM Gene Knutson / Roxanne Murphy 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: BORNEMANN, KNUTSON, LILLIQUIST, MURPHY, VARGAS, WEISS NAYS: EXCUSED: LEHMAN MOTION CARRIED 6-0 and was thereafter named Ordinance #2014-12-064 20656 2. AN ORDINANCE AMENDING THE 2014 ADOPTED BUDGET TRANSFERRING $14,820.00 FROM THE GENERAL FUND TO THE GOVERNMENTAL DEBT SERVICE FUND AND APPROPRIATING AN ADDITIONAL $14,820.00 IN THE GOVERNMENTAL DEBT SERVICE FUND Jack Weiss / Roxanne Murphy 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: BORNEMANN, KNUTSON, LILLIQUIST, MURPHY, VARGAS, WEISS NAYS: EXCUSED: LEHMAN MOTION CARRIED 6-0 and was thereafter named Ordinance #2014-12-065 City of Bellingham Regular City Council Meeting Page 7 of 8 12/8/2014  Adjournment There being no further business, the meeting adjourned at 8:37 p.m. ____________________________________________ Terry Bornemann, Council President Pro Tem ____________________________________________ ATTEST: Linda D. Anderson, City Clerk Representative APPROVED: 1/5/15 City of Bellingham Regular City Council Meeting Page 8 of 8 12/8/2014