City Council - Regular Meeting

City of Bellingham City Council Regular Meeting Minutes 03/23/2015, 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, 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. 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 801 Samish Way in Area 4 of the Samish Neighborhood. 3. On Wednesday, April 22nd, the Annual Lake Whatcom Management Program Joint Councils and Commissions Meeting will take place 6:30- 8:30 PM in Council Chambers. It will be preceded by an Open House at 6:00 PM in the lobby of City Hall. Bellingham City Council meets all requirements of the State of Washington Open Public Meetings Act. Pledge of Allegiance Led by Lori Province. City of Bellingham Regular City Council Meeting Page 1 of 11 3/23/2015  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 Wendy Steffensen supports the letter regarding Water Quality Standards [AB 20750] and for taking a stand on the Trans-Pacific Partnership [AB 20777]. Lori Province supports the resolution regarding the Trans-Pacific Partnership [AB 20777]. Mark Lowry supports the resolution regarding the Trans-Pacific Partnership [AB 20777]. Theresa Erickson spoke in support of a new jail. She said it will not solve all of the problems but it will go a long way to improving conditions for prisoners and corrections officers. Irene Morgan expressed many concerns about the jail proposal [AB 20757], including that it would be the largest expenditure in the County's history and the tax will be with us forever. She said that with each bed being estimated at $80,000, the County could take five or ten of those beds, give that money to some of the homeless agencies and do something different with our tax dollars. Joy Gilfilen also expressed concerns about the jail proposal [AB 20757]. She feels there is no need to build this massive facility and said there are alternatives. She is concerned about the return on investment and said this needs public disclosure, public debate and real financial analysis. City of Bellingham Regular City Council Meeting Page 2 of 11 3/23/2015  George Dyson owns property across from the waterfront, which is under the 35' height limit and is assessed at $30 sq. ft. He stated that the Granary building is being sold for $7.30 sq. ft. and tax payers are obligated to buy back park land at $25 sq. ft. He feels, this differential is wrong and should be questioned. The deal being struck with Harcourt [Harcourt Developments Ltd.] for the Granary building is not a partnership and is very one sided. He urged the council to try and speak up as the deal is going to be signed March 31st and encouraged the council to research what Harcourt has been up to lately. Joseph McDonald related his concerns about unleashed dogs and issues he has had with animal control. He would like the council to advocate for him with animal control. Richard Maneval shared his experience with some teenagers who were vandalizing his neighborhood and his involvement with the law and justice community. He talked about the remarkable people we have in this community who can share their depth of knowledge. He encouraged the Council to bring some of those people forward to share their expertise. Kathy Leathers voiced concerns about the jail proposal and feels it may be a 'done deal'. The public needs to know if there are alternatives such as restorative justice for lowering how many people go to jail. Bill Angel, Kirkview Place, off Northwest Drive between the freeway and Bakerview. He said there is a building proposal for 150 apartments on the corner of Northwest Avenue and Sterling Drive. He is very concerned about access issues as the current plan shows the ingress/egress for the new development on to Sterling Drive. Currently, it is very difficult to turn left on to Northwest to get down to the roundabout. If there are 200 more cars added to this location, people are really going to be jammed. He believes there are workable solutions that do not include all those cars coming out on to Sterling Drive. Steve Harris feels that the sales tax proposed by Whatcom County for the new jail facility is a regressive tax structure that hurts the poor the most. He asked that, as council evaluates and looks at alternatives to a new jail facility, to consider a sales tax increase only if has an expiration date. Daniel Meyer suggested that endeavoring to build a new jail will oppress people and deprive them of their civil rights. City of Bellingham Regular City Council Meeting Page 3 of 11 3/23/2015  Public Works / Public Safety 20764 1. Fire Department division services summaries Presentation during committee. Information only. 20765 2. Bid Award for Chestnut-Bay at RR Bridge Rehabilitation, Bid No. 6B- 2015 Terry Bornemann / Michael Lilliquist moved to award Bid No. 6B-2015 for Chestnut-Bay at RR Bridge Deck Rehabilitation ER-0013 to Strider Construction Company, Inc. 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 $1,577,207.00, which includes any applicable WSST. MOTION CARRIED 7-0. Council Member Weiss asked if any decorative design could be added to this project [such as that discussed in 1% for the Arts, AB 20722]. Ted Carlson, Public Works Director explained that there would not be time to get that type of design added to this project, nor is it likely that federal money could be used for a decorative fence. Additionally, staff would like to see the infrastructure and theming for the waterfront determined. As a gateway to the waterfront, the city could then try to match the decorative fence to be installed at a future date. 20766 3. Bid Award for 2014 Sewer Replacement Program, Project No. EU- 0169, Bid No. 7B-2015 Terry Bornemann / Roxanne Murphy moved to award Bid No. 7B-2015 for Sewer Replacement Program EU-0169 to Faber Construction Company 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 $1,291,918.01, which includes any applicable WSST. MOTION CARRIED 7-0. 20750 4. Letter to Department of Ecology regarding Water Quality Standards Terry Bornemann / Roxanne Murphy moved to approve the letter to the Washington State Department of Ecology regarding the Revised Water Quality Standards for Toxic City of Bellingham Regular City Council Meeting Page 4 of 11 3/23/2015  Substances, WAC 173-201 A-204 with amendments as discussed. MOTION CARRIED 7- 0. Planning 20767 1. Ordinance creating an incentive program for innovative affordable low-income homeownership projects in single-family and multi- family residential zoning districts "AN ORDINANCE OF THE CITY OF BELLINGHAM, WASHINGTON CREATING AN INCENTIVE PROGRAM FOR INNOVATIVE AFFORDABLE LOW-INCOME HOMEOWNERSHIP PROJECTS IN SINGLE-FAMILY AND MULTI-FAMILY RESIDENTIAL ZONING DISTRICTS BY ESTABLISHING A NEW CHAPTER IN THE BELLINGHAM MUNICIPAL CODE (BMC) TITLE 20 AND AMENDING BMC CHAPTERS 2.56 AND 21.10." Council Member Weiss reported on items that were discussed and changes recommended during committee, which include: both permanent and 50 year affordability providing different incentives in order to meet those particular attributes (two-track system vs. one-track); exclude any home that is located within an historic district from being demolished in order to accomplish the incentive program; no limit on walking distance/access to transit and to exclude Lake Padden Watershed from the proposal. Staff will work on those items and bring back to the Planning Committee for further consideration. 20768 2. Docket process for 2015-2016 Comprehensive Plan amendment requests Council Member Weiss reported that staff had requested the deadlines on docket requests be delayed because of the staff time being directed to the Comprehensive Plan process. It was the consensus of the Council that, under the circumstances, it will be allowed. Finance and Personnel 20769 1. 2015/2016 Budget Amendment for Technical Support/Applications Specialist for WhatComm "AN ORDINANCE AMENDING THE 2015 / 2016 ADOPTED BUDGET APPROPRIATING AN ADDITIONAL $72,100.00 IN 2015 AND $88,738.00 City of Bellingham Regular City Council Meeting Page 5 of 11 3/23/2015  IN 2016 FROM ESTIMATED ENDING RESTRICTED RESERVES IN THE PUBLIC SAFETY DISPATCH FUND TO PROVIDE FOR THE ADDITION OF ONE NEW POSITION IN THE BELLINGHAM POLICE DEPARTMENT." Pinky Vargas / Roxanne Murphy moved approval for first and second reading. MOTION CARRIED 6-0-1, Terry Bornemann out of Chambers. 20770 2. An Ordinance amending the 2015 Budget authorizing the purchase of six new ambulances for $997,181.44 "AN ORDINANCE AMENDING THE 2015 / 2016 ADOPTED BUDGET INCREASING REVENUE IN THE GENERAL FUND BY $1,000,000.00 AS A RESULT OF PROCEEDS FROM AN INTERGOVERNMENTAL LOAN AND APPROPRIATING THE ADDITIONAL $1,000,000.00 FOR THE PURCHASE OF SIX BASIC LIFE SUPPORT AID CARS FOR THE BELLINGHAM FIRE DEPARTMENT." Pinky Vargas/ Roxanne Murphy moved approval for first and second reading. MOTION CARRIED 6-1, Jack Weiss opposed. Council Member Weiss noted that he does not believe that all of the ambulances should be purchased at the same time. Lake Whatcom Reservoir and Natural Resources 20771 1. Report from the March 16, 2015, Lake Whatcom Policy Group Meeting Report presented during committee. Information only. The next meeting will be April 13th. Community and Economic Development 20772 1. 1% for the Arts Presentation Council Member Lilliquist reported that the committee had given direction to staff to draft an implementing ordinance for consideration at a later date. City of Bellingham Regular City Council Meeting Page 6 of 11 3/23/2015  Committee Of The Whole 20773 1. Project Update on Opportunity Zones Update presented during committee. Further discussion will be held in the Community and Economic Development Committee. Information only. 20774 2. An ordinance establishing fees for Rental Registration "AN ORDINANCE OF THE CITY OF BELLINGHAM, WASHINGTON, ESTABLISHING FEES FOR RENTAL REGISTRATION." Gene Knutson / Jack Weiss moved approval for first and second reading. MOTION CARRIED 7-0. 20757 3. Jail Proposal Discussion Discussion held during committee. Council President Knutson reviewed the process expected over the next few weeks. The first of three Whatcom County Council meetings relating to this subject will be March 31st. Information only. Council Member Hammill read a lengthy statement regarding his concerns about continuing to incarcerate people and feels the disease must be treated, not the symptoms. 20775 4. Presentation on Access Bellingham Training Program Presentation during committee. Information only. 20776 5. 2014 Financial Review Presentation during committee. Information only. 20777 6. Consideration of a Resolution expressing concern about the content and process for adoption of the Trans-Pacific Partnership Agreement City of Bellingham Regular City Council Meeting Page 7 of 11 3/23/2015  "A RESOLUTION OF THE BELLINGHAM CITY COUNCIL OPPOSING TRADE PROMOTION AUTHORITY ("FAST TRACK") FOR CONSIDERATION OF THE TRANS-PACIFIC PARTNERSHIP (TPP) AGREEMENT, CALLING FOR A DRAFT OF THE TPP TO BE MADE AVAILABLE TO CONGRESS, LOCAL GOVERNMENTS, AND THE PUBLIC BEFORE THE CONCLUSION OF FINAL NEGOTIATIONS, AND ASKING THAT THE FINAL AGREEMENT SUPPORT THE ABILITY OF ITS SIGNATORIES TO ESTABLISH AND ENFORCE STANDARDS TO PROTECT THE NATURAL ENVIRONMENT, LOCAL ECONOMIES, AND THE HEALTH AND WELFARE OF ITS CITIZENS." Gene Knutson / Roxanne Murphy moved final approval of Resolution #2015-04. MOTION CARRIED 7-0. 7. Approval of Minutes Terry Bornemann / Jack Weiss moved to approve the March 9, 2015 minutes of the City Council regular meeting as submitted. MOTION CARRIED 7-0. 8. Old/New Business Council Member Weiss recognized Mark Gardner, Policy Analyst for his work on the Rental Safety ordinance. Council Member Vargas stated that she will be submitting a letter to the Legislature in support of HB 1449 regarding oil transportation safety. Mayor Linville noted that the city has been contacted by companies with for-hire drivers such as UBER and LYFT. An adjustment to the code would be necessary for these companies to work in the city. More information will be brought forward to council. Executive Session - Report & Action only 1. Potential Property Acquisition: Staff provided information on the potential acquisition of 17.51 acres owned by Cordata Investments, LLC and 3.25 acres owned by Darcy Investors, Inc. located on the east side of Cordata Parkway between Stuart and Horton Roads. The City will use the property for a park. City of Bellingham Regular City Council Meeting Page 8 of 11 3/23/2015 Jack Weiss / Roxanne Murphy moved to authorize the purchase of the 20.76 acres at its appraised value of $3,620,000.00. MOTION CARRIED 7-0. 2. Potential Property Acquisition: Staff provided information on a potential property acquisition. Direction given. No action taken. 3. Litigation: re Worker's Compensation Claim: Staff provided information and advice on a litigation matter. Information only. No action taken. 4. Litigation: New Cingular Wireless PCS LLC v. City of Bellingham, Whatcom County Superior Court No. 13-2-015990-1: Staff provided an update on this 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. Mayor Linville expressed her excitement about the purchase of land for a Cordata Park. Mayor Linville noted that Western Washington University will have more of a downtown presence as they will be locating offices in the historic Herald Building on State Street. 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. 20778 1. Authorization of A/P checks issued March 6, 2015 20779 2. Authorization of A/P checks issued March 13, 2015 20780 3. Authorization of Payroll labor cost payments dated February 26, 2015 - March 10, 2015 Roxanne Murphy / Jack Weiss moved to approve the Consent Agenda in its entirety. MOTION CARRIED City of Bellingham Regular City Council Meeting Page 9 of 11 3/23/2015  Final Consideration of Ordinances 20746 1. AN ORDINANCE AMENDING THE 2015/2016 ADOPTED BUDGET INCREASING REVENUE IN THE ENVIRONMENTAL REMEDIATION FUND BY $1,000,000.00 FOR 2015 AS A RESULT OF A GRANT AWARD FROM THE DEPARTMENT OF ECOLOGY FOR THE R. G. HALEY SITE CLEANUP PROJECT, AND APPROPRIATING $1,000,000.00 IN RELATED EXPENDITURES FOR 2015 IN THE PUBLIC WORKS DEPARTMENT, SOLID WASTE REMEDIATION GROUP 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: BORNEMANN, HAMMILL, KNUTSON, LILLIQUIST, MURPHY, VARGAS, WEISS NAYS: EXCUSED: MOTION CARRIED 7-0 and was thereafter named Ordinance 2015-03-006. 20756 2. 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 Terry Bornemann / 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, HAMMILL, KNUTSON, LILLIQUIST, MURPHY, VARGAS, WEISS NAYS: EXCUSED: MOTION CARRIED 7-0 and was thereafter named Ordinance 2015-03-007. City of Bellingham Regular City Council Meeting Page 10 of 11 3/23/2015  Adjournment There being no further business, the meeting adjourned at 8:27 p.m. ___________________________________________ Gene Knutson, Council President ___________________________________________ ATTEST: Linda D. Anderson, City Clerk Representative APPROVED: 4/13/2015 City of Bellingham Regular City Council Meeting Page 11 of 11 3/23/2015