City Council - Regular Meeting

City of Bellingham City Council Regular Meeting Minutes 03/09/2015, 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 Monday, March 23rd at 12:00 in Council Chambers, there will be a Transportation Benefit District Meeting. 2. On Monday, April 6th at 7:00 PM in Council Chambers, there will be a Public Hearing to consider amendments to the Samish Neighborhood Plan and Bellingham Municipal Code to rezone Area 9 in the Samish Neighborhood. 3. On Monday, April 6th at 7:00 PM in Council Chambers, there will be a Public Hearing to consider amendments to the Samish Neighborhood Plan and Bellingham Municipal Code to rezone 801 Samish Way in Area 4 of the Samish Neighborhood. Bellingham City Council meets all requirements of the State of Washington Open Public Meetings Act. Pledge of Allegiance Led by Adrienne Lederer. City of Bellingham Regular City Council Meeting Page 1 of 10 3/9/2015  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: 15-Minute Public Comment Period Anne Mackie spoke in support of the Rental Registration and Safety Inspection ordinance. She noted that there is now discussion occurring regarding Accessory Dwelling Units (ADU's). She does not want the rental inspection program sidetracked by the ADU discussion. Joseph McDonald - Mr. McDonald requested that his comments be entered for the record: "As you know I have a speech impediment and am here to talk about animal control. This speech I gave to County Council last week. What was a phone call to Animal Control is a speech to Council. You might want to thank them for that. As you know I use a blow horn to chase away dogs. It's the most humane way to deal with uncontrolled dogs but owners don't like it and can become confrontational about it. Shame on animal control for not doing anything in the first place. Shame on them for their unwillingness to admit their wrongs and resolve this conflict with me. Shame on you for not standing up to them. When I gave these speeches in the past, you throw your hands in the air and say, animal control is the County's responsibility. When talking to County last week they said, 'what goes on at the City is the City's say-so; what goes on outside the city is County's say-so'. I will give a speech every time I use my horn. Please look forward to seeing me again. You might want to tell animal control to resolve this conflict City of Bellingham Regular City Council Meeting Page 2 of 10 3/9/2015  with me which means the officer making a public apology unless you like me here complaining about them all the time." Mr. McDonald then read comments that he made to the County Council. Gaythia Weis addressed proposed revisions to the Washington water quality standards. She noted that the Department of Ecology (DOE) is accepting public comment on the proposed rules until March 23rd. While there are significant improvements in these changes there are also areas that ought-not to be approved as written. Most significantly, the fish consumption rate and the cancer rates are two things on which the water quality is based. The fish consumption rate was increased, while at the same time, the allowable cancer rate was increased ten-fold. What sense does that make? This needs to be looked at seriously and the City Council should provide input to the State regarding these water quality standard updates. Wendy Steffenson, North Sound Baykeeper, ReSources also addressed the Washington water quality standards. She said, that we know that pollutants in our water quality are getting worse, not better. One of the ways we can help start the recovery of Puget Sound and protect our health is to make sure our water quality standards are protected. The DOE proposal to increase the allowable risk of cancer is a step backward. The standard should not be made weaker as this will further set us up for inferior water quality. The new proposal sets us up to never be as protective as we should be. We must set the bar for good, protective science, not where economic interests feel comfortable. Ecology's own cost analysis says no such existing facility will be impacted based on the analysis we conducted. This basically means that the change in water quality standards will not do anything meaningful for our water quality. She would like the City Council to send a letter asking that the fish consumption rate be 175 gms/day and that the cancer risk raised to 1:1,000,000 to be consistent with Oregon and to be protective of our health. Matt Petryini, Clean Energy Program Manager, ReSources thanked Council and staff for the work on the rental safety ordinance. He encouraged the Council to write a letter to DOE on the water quality standards. The DOE is considering an increase in the fish consumption rate, which is a huge step forward but, unfortunately, it's also considering an increase in the acceptable rate of cancer. Raising the fish consumption standard is ultimately a good thing but we can't allow the backsliding that's going on with the acceptable rate of cancer because it undermines all of the work that we're doing to actually raise the standard. Irene Morgan, Restorative Community Coalition, submitted a petition to Brian Heinrich, Deputy Administrator, signed by 50 homeless women. Last June, Western Washington Service Learning students presented the community with five separate locations for City of Bellingham Regular City Council Meeting Page 3 of 10 3/9/2015  homeless communities. She urged the Council to move forward on that as the work is all done for you. Women feel unsafe on our streets. While the Lighthouse Mission is safe, the rules are so stringent they have to be there by 5 o'clock to sign up to stay the night so they couldn't be here tonight. She also has concerns about mass incarceration and said a representative from the Department of Corrections (DOC) says that DOC's role is to control and contain our incarcerated people because Social Service Agencies have failed to do their job. Wendy Jones, our jail director, says that Whatcom County jail is the last social service agency for our people on the street and people that cause crime. Service agencies are failing because funds have been cut and there is no way for these folks to continue their programs because the money is going to, mostly, law and justice. Our jails and prisons have not done a good job of rehabilitation so let's focus our attention on programs that work. Good programs are all over the country. Let's help the homeless be the citizens that they want to be, and what we expect them to be. Joy Gilfillen, President, Restorative Community Coalition said she has been participating in the jail conversation for the past couple of years and no one has talked about the actual vision or the purpose of having an incarceration system. There has been no needs assessment. In 2003, the Sheriff and Administrative Services established the demand for the jail with 800-1000 beds to be established by 2014. When the Coalition brought forward alternatives to incarceration and about money for social services, the comments were disallowed as being outside the scope. Virtually, all the public opinions that were expressed and hundreds of concerns that were submitted in the Environmental Impact Statement (EIS) process were determined to be outside the scope by the jail planners. There was one public hearing and there have been none on the Final Environmental Impact Statement (FEIS). She feels it is a failure to ask the county municipalities to endorse this without being provided a fiscal analysis and an impact on return on investment to taxpayers. She asked Council to allow the Coalition to either present contrary information or ask for a full needs assessment before endorsing the jail project. Dick Conoboy thanked Council and staff for their work on the rental safety ordinance, and reiterated that the discussion on the ADU's should be followed closely. The County is talking about changing the methamphetamine ordinance and dumping implementation on the cities. This will be taken up again in committee at the County on March 17th. City of Bellingham Regular City Council Meeting Page 4 of 10 3/9/2015  Public Works / Public Safety 20746 1. Authorization to close out an existing Remedial Action Grant agreement and enter into a new grant agreement with the Washington State Department of Ecology for partial funding of the remediation of the R.G. Haley site Terry Bornemann / Roxanne Murphy moved to authorize the Mayor to execute the Close-out Agreement, Grant No. G1100188 between the City of Bellingham and the Washington State Department of Ecology and enter into agreement #TCPRA-2014- BelCAO-00026, Toxics Cleanup Remedial Action Grant Program Agreement, between the City of Bellingham and the Washington Statement Department of Ecology. MOTION CARRIED 7-0. Terry Bornemann / Jack Weiss moved approval for first and second reading. MOTION CARRIED 7-0. 20747 2. Update on Efforts to Minimize Inflow and Infiltration within City's Sanitary Sewer Collection System Update presented during committee. Information only. 20748 3. Request for Variance to Allow Night Paving on Alabama Corridor Multimodal Safety Improvements Project Terry Bornemann / Roxanne Murphy moved to approve a variance to allow night paving on the Alabama Corridor Multimodal Safety Improvements Project. MOTION CARRIED 7-0. Council Member Vargas expressed concerns about noise to the local residents. Mr. Carlson explained that there will be impact but work will be compressed and will be moving along the corridor so noise should be kept to a minimum. 20749 4. Recommendation to Reject All Bids for Toward Net Zero Rainwater Harvesting Retrofit of the Public Works Operation Facility City of Bellingham Regular City Council Meeting Page 5 of 10 3/9/2015  Terry Bornemann / Roxanne Murphy moved to reject all bids for Toward Net Zero Rainwater Harvesting Retrofit of the Public Works Operation facility. MOTION CARRIED 7-0. 20750 5. Discussion of Proposed Department of Ecology Rule on Water Quality Terry Bornemann / Roxanne Murphy moved to proceed with a draft comment letter to the Department of Ecology, to be presented to Council on March 23rd, regarding the rule-making process for state water quality standards (amending WSR 11-09-090). MOTION CARRIED 7-0. Council Member Lilliquist, Council Member Murphy and Brian Heinrich will prepare the draft letter. 20751 6. Proposed Donation of Padden Lake Hills Stormwater Facility to the City of Bellingham Terry Bornemann / Roxanne Murphy moved to authorize an environmental site assessment of the Padden Lake Hills Stormwater Facility. MOTION CARRIED 7-0. 20752 7. Proposed Donation of 22nd Street Stormwater Facility to the City of Bellingham Terry Bornemann / Roxanne Murphy moved to authorize an environmental site assessment of the 22ND Street Stormwater Facility. MOTION CARRIED 7-0. 20753 8. Proposed Donation of Property South of Birch Street to the City of Bellingham Terry Bornemann / Michael Lilliquist moved to authorize an environmental site assessment of .94 acre property south and adjacent to Birch Street, owned by Jones Holding Company. MOTION CARRIED 7-0. Ted Carlson, Public Works Director noted that he had followed up with Parks staff, in response to an inquiry during committee from Council Member Weiss, and there are potential opportunities for recreational improvements at the trailhead if the city were to have the complete right-of-way there. City of Bellingham Regular City Council Meeting Page 6 of 10 3/9/2015  Lake Whatcom Reservoir and Natural Resources 20754 1. Report from the February 25, 2015, Lake Whatcom Policy Group meeting Report presented during committee. The next meeting will be March 16th. Information only. Community and Economic Development 20755 1. A Presentation by the Small Business Development Center Presentation during committee. Information only. Committee Of The Whole 20756 1. Consideration of an ordinance repealing rules governing facilities in Bellingham Harbor operated by the Port of Bellingham "AN ORDINANCE OF THE CITY OF BELLINGHAM, WASHINGTON RELATING TO THE CITY'S REGULATION OF BELLINGHAM HARBOR AND REPEALING RULES GOVERNING FACILITIES OPERATED BY THE PORT OF BELLINGHAM CODIFIED IN BELLINGHAM MUNICIPAL CODE (BMC) 12.08.080." Gene Knutson / Roxanne Murphy moved approval for first and second reading. MOTION CARRIED 7-0. This item moved from Final Consideration of Ordinances: 20382 2. "AN ORDINANCE OF THE CITY OF BELLINGHAM, WASHINGTON RELATING TO RESIDENTIAL RENTAL REGISTRATION, SAFETY INSPECTION AND CODE COMPLIANCE AND ADDING A NEW CHAPTER 6.15 TO THE BELLINGHAM MUNICIPAL CODE." The Clerk read the changes into the record that were made during committee: City of Bellingham Regular City Council Meeting Page 7 of 10 3/9/2015   The word "safety" was inserted throughout the ordinance after "…Residential Rental Registration, Safety Inspection….".  6.15.040.G After "A copy of the registration shall be posted on the inside of each residential housing unit" insert the words "in a visible location".  6.15.150.B. delete "including, but not limited to, owners and/or landlords," in the first sentence. Jack Weiss / Roxanne Murphy moved approval for third and final reading as amended. Upon motion, said bill was placed on final passage and approved by the following roll call vote: AYES: BORNEMANN, HAMMILL, KNUTSON, LILLIQUIST, MURPHY, VARGAS, WEISS NAYS: EXCUSED: MOTION CARRIED 7-0 and was thereafter named Ordinance 2015-03-005 as amended. 20757 3. Discussion of Proposed Jail Facility Worksession scheduled for March 23rd. 4. Approval of City Council Committee and/or Special Meeting Minutes Roxanne Murphy / Jack Weiss moved to approve the February 23, 2015 minutes of the City Council regular meeting as submitted. MOTION CARRIED 6-0-1, Terry Bornemann abstained. 5. Old/New Business Council Member Lilliquist reported that Council had directed the Policy Analyst to prepare research on the Trans-Pacific Partnership Agreement and inform the Council on the issue. Council Member Lilliquist reported that HB 1449 is now being considered in the Senate. The bill addresses oil transportation safety on land and in our marine waters and he noted that the city had sent a letter in support of the bill. City of Bellingham Regular City Council Meeting Page 8 of 10 3/9/2015  Council Member Weiss reported that a joint Planning Commission and City Council Planning Committee meeting will be scheduled to discuss Accessory Dwelling Units (ADU's). Executive Session 1. Potential Litigation: Staff provided information on a potential litigation matter. Direction given. No action taken. 2. Potential Litigation: Claim No. 2015-12: Staff provided information on a potential litigation matter. Information only. No action taken. Mayor's Report Standing time for briefings, updates and reports to Council by the Mayor, if needed. Information only. Brian Heinrich, Deputy Administrator, reported that Tony's Coffee in Fairhaven has received the Platinum award from the Northwest Clean Air Agency. 20758 1. Mayor's Appointment of Edmund Sullivan to the Parks & Recreation 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. 20759 1. Bid Award 9B-2015 for Landscape Maintenance 20760 2. Consideration of Final Plat approval for Division 1A of the E8-E9 Preliminary Plat Res. #2015-03 "A RESOLUTION GRANTING FINAL PLAT APPROVAL FOR THE E8-E9 PRELIMINARY PLAT CONSISTING OF 42 SINGLE-FAMILY, ATTACHED LOTS, IN AREA 1, CORDATA NEIGHBORHOOD, GENERALLY LOCATED City of Bellingham Regular City Council Meeting Page 9 of 10 3/9/2015  AT THE SOUTHWEST CORNER OF KLINE ROAD AND CORDATA PARKWAY." 20761 3. Authorization of Payroll labor cost payments dated February 11, 2015 - February 25, 2015 20762 4. Authorization of A/P checks issued February 20, 2015 20763 5. Authorization of A/P checks issued February 27, 2015 Roxanne Murphy / Michael Lilliquist moved to approve the Consent Agenda in its entirety. MOTION CARRIED 7-0. Final Consideration of Ordinances 20382 1. AN ORDINANCE OF THE CITY OF BELLINGHAM, WASHINGTON RELATING TO RESIDENTIAL RENTAL REGISTRATION, INSPECTION AND CODE COMPLIANCE AND ADDING A NEW CHAPTER 6.15 TO THE BELLINGHAM MUNICIPAL CODE. Final Action on this ordinance taken during the Committee of the Whole portion of the regular meeting (item 2). Adjournment There being no further business, the meeting adjourned at 8:14 p.m. ____________________________________________ Gene Knutson, Council President ____________________________________________ ATTEST: Linda D. Anderson, City Clerk Representative APPROVED: 3/23/2015 City of Bellingham Regular City Council Meeting Page 10 of 10 3/9/2015