City Council - Regular Meeting

City of Bellingham City Council Regular Meeting Minutes 01/26/2015, 7:00 PM Mayor Kelli Linville Contact: (360) 778-8200, ccmail@cob.org Council Members Jack Weiss, Gene Knutson, Daniel www.cob.org/council Hammill, 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 The meeting was called to order by Council President Knutson at 7:00 p.m. Announcements & Upcoming Meetings 1. On February 23, 2015, at 7:00 PM, there will be a Public Hearing to take comment regarding an incentive program for innovative affordable low-income homeownership projects. Bellingham City Council meets all requirements of the State of Washington Open Public Meetings Act. Pledge of Allegiance Led by Council President Knutson. Roll Call Present: Jack Weiss, Council Member, First Ward Gene Knutson, Council Member, Second Ward Daniel Hammill, Council Member, Third Ward Pinky Vargas, Council Member, Fourth Ward Terry Bornemann, Council Member, Fifth Ward Michael Lilliquist, Council Member, Sixth Ward Roxanne Murphy, Council Member, At Large Excused: City of Bellingham Regular City Council Meeting Page 1 of 7 1/26//2015  15-Minute Public Comment Period Gaythia Weis spoke in opposition to the two ordinances discussed during the worksession for AB 20707 citing the equal protection clause of the 14th Amendment and protecting basic civil rights. Dick Conoboy spoke in opposition to the two ordinances discussed during the worksession for AB 20707 and is concerned that this might affect the youth and put them into a turbulence that they cannot get out of; that those people receiving citations might not have the physical or mental capacity to respond to the citation and feels that the sandwich signboards, tree wells/uneven sidewalks, chairs, benches and sidewalk cafes, etc. obstruct pedestrians on the sidewalks more than people do. Yoshé Revelle discussed climate change and the need to consume less and share more. Larry Hildes spoke in opposition to the two ordinances discussed during the worksession for AB 20707 and said that the 9th Circuit has made it clear you cannot criminalize homeless people for being homeless. He discussed the improbability of citing someone with a misdemeanor and then expecting them to get a job and feels this is a draconian solution without a problem. Karen Weil spoke in opposition to the two ordinances discussed during the worksession for AB 20707. She said that studies show that the only way to treat homelessness is to give them a place to stay, which gives them an address they can put on a resume while providing stability and psychological strength. Dean Tuckerman spoke in opposition to the two ordinances discussed during the worksession for AB 20707. Even if the city could create a place where people can go 24 hours a day this law is ridiculous and making it a law that goes into a misdemeanor is absurd. Public Hearing 20704 1. Public Hearing on the renewal of an emergency ordinance establishing interim zoning for the cultivation of medical marijuana for personal use and in collective gardens Public hearing held regarding Ordinance #2014-12-066. No citizen's spoke and the public hearing was closed. Jack Weiss / Terry Bornemann moved to affirm Ordinance #2014-12-066. MOTION CARRIED 7-0. City of Bellingham Regular City Council Meeting Page 2 of 7 1/26//2015  Public Works / Public Safety 20705 1. Bid Award for McLeod Road Culvert Replacement, Bid #66B-2014 Terry Bornemann / Roxanne Murphy moved to award Bid No. 66B-2014 for McLeod Road Culvert Replacement to Stremler Gravel, Inc. of Lynden, 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 $293,263.00, which includes any applicable WSST. MOTION CARRIED 7-0. 20706 2. Community Paramedic Pilot Program Update Update presented during committee. Information only. 20707 3. A Work Session to consider two ordinances: an ordinance regarding the failure to respond to a notice of civil infraction; and an ordinance regarding pedestrian safety areas Another worksession will be scheduled. Planning 20708 1. An overview on the 2016 Comprehensive Plan Update process, including draft growth alternatives for accommodating projected growth using the 2036 growth forecasts adopted by the City and County Presentation during committee. Information only. Finance and Personnel 20709 1. An Ordinance Amending the 2015 / 2016 Adopted Budget to Fund Phase I (Start-up) Implementation of the Rental Registration and Inspection Program "AN ORDINANCE AMENDING THE 2015 / 2016 ADOPTED BUDGET APPROPRIATING AN ADDITIONAL $106,748.00 / $58,910.00 FROM City of Bellingham Regular City Council Meeting Page 3 of 7 1/26//2015  ESTIMATED ENDING UNRESERVED BALANCE IN THE DEVELOPMENT SERVICES FUND TO PROVIDE STAFFING AND SERVICES IN THE PLANNING DEPARTMENT FOR THE NEW RENTAL REGISTRATION AND INSPECTION PROGRAM." Pinky Vargas / Michael Lilliquist moved approval for first and second reading. MOTION CARRIED 7-0. Committee Of The Whole 20710 1. Appointment of Hearing Examiner Gene Knutson / Roxanne Murphy moved to approve the Mayor's appointment of Sharon Rice as the Hearing Examiner for a two year period. MOTION CARRIED 7-0. 2. Approval of Minutes Terry Bornemann / Roxanne Murphy moved to approve the January 12, 2015 minutes of the City Council regular meeting as submitted. MOTION CARRIED 7-0. 3. Old/New Business Council President Knutson requested that council communicate their availability and topics of interest for the Council Retreat to the Legislative Assistant. Council Member Weiss expressed his pleasure at the response to the partial opening of Squalicum Creek Park. The park will be fully open in a few months. Council Member Vargas attended two conferences: Washington Cannabis Summit and State of the [Bellingham] Bay. Council Member Murphy attended the Mount Baker Bicycle Club Annual Meeting and a fund raiser for a community radio station through makeshiftproject.com. She also noted that the Bellingham School Board has adopted a program for restorative justice for students who are on the brink of dropping out. City of Bellingham Regular City Council Meeting Page 4 of 7 1/26//2015  Executive Session – Report and action only. 1. Litigation: City of Bellingham v. Daniel Bennett and the Department of Labor and Industries. Staff provided information about a negotiated settlement in a litigation matter. Terry Bornemann / Dan Hammill moved to authorize settlement of this matter under the following terms: 1) The City will pay Mr. Bennett a $25,000 lump sum payment. 2) The City will dismiss its pending appeal of an industrial insurance claim. 3) Mr. Bennett will voluntarily resign from his position. 4) Mr. Bennett will waive all claims against the City. MOTION CARRIED 7-0. 2. Litigation: Kornelis v. City of Bellingham (Whatcom County Superior Court No. 14-2-02656-7): Staff provided an update on this litigation matter. Direction given. No action taken. 3. Litigation: City of Bellingham v. Sang T. Yi, et al: Staff provided an update on a litigation matter. Direction given. No action taken. Mayor's Report Standing time for briefings, updates and reports to Council by the Mayor, if needed. Information only.  The City has published a Request for Proposal for a Video Content Training Program for Public Access Television at BTV10.  The 75th Anniversary Celebration of City Hall, held today, was well attended and a great success.  The Mayor has drafted two letters, noted below. If the Council would like Council President Knutson to sign on their behalf, they would be welcome to do so: 1) A letter to the Washington Legislature supporting House Bill 1472 and Senate Bill 5406 establishing clear guidelines on the regulation of toxic chemicals. Jack Weiss / Terry Bornemann moved to authorize the Council President to sign this letter on behalf of the council, along with Mayor Linville. MOTION CARRIED 5-2, Michael Lilliquist, Roxanne Murphy opposed. City of Bellingham Regular City Council Meeting Page 5 of 7 1/26//2015  2) A letter to Senators Murray and Cantwell regarding Lummi National Request for Denial of Permit for the Proposed Gateway Pacific Terminal Bulk Dry Goods Shipping Facility (Ref. No. NWS-2008-260) Dan Hammill / Pinky Vargas moved to authorize the Council President to sign this letter on behalf of the council, along with Mayor Linville. MOTION CARRIED 7-0 20711 1. Mayor's Reappointment of Jono Manion to the Greenway Advisory Committee Michael Lilliquist / Roxanne Murphy moved to approve the Mayor's reappointment of Jono Manion to the Greenway Advisory Committee, term ending January 23, 2018. MOTION CARRIED 7-0. 20712 2. Mayor's Appointment of Zacchoreli Frescobaldi-Grimaldi to the Citizens' Transportation Advisory Group 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. 20713 1. Bid Award for Aggregate Gravel - Bid #64B-2014 20714 2. Consideration of Final Plat approval for Division 2 of the Stonecrest Long Plat Res. #2015-01 "A RESOLUTION GRANTING FINAL PLAT APPROVAL FOR DIVISION 2 OF THE STONECREST PLAT CONSISTING OF 4 MULTI-FAMILY LOTS, LOCATED IN AREA 6, KING MOUNTAIN NEIGHBORHOOD." 20715 3. Interlocal agreement with Whatcom County to utilize the Offender Work Crew 20716 4. Interlocal with Whatcom Council of Governments 20717 5. Authorization of Payroll labor cost payments dated December 25, 2014 - January 9, 2015 City of Bellingham Regular City Council Meeting Page 6 of 7 1/26//2015  20718 6. Authorization of A/P checks issued January 9, 2015 20719 7. Authorization of A/P checks issued January 16, 2015 Roxanne Murphy / Terry Bornemann moved to approve the Consent Agenda in its entirety. MOTION CARRIED 7-0. Final Consideration of Ordinances There were no ordinances for Final Consideration. Adjournment There being no further business, the meeting adjourned at 7:56 p.m. ___________________________________________ Gene Knutson, Council President ___________________________________________ ATTEST: Linda D. Anderson, City Clerk Representative APPROVED: 2/9/2015 City of Bellingham Regular City Council Meeting Page 7 of 7 1/26//2015