City Council - Regular Meeting

City of Bellingham City Council Regular Meeting Minutes 04/20/2015, 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 Pro Tem Vargas at 7:00 p.m. Announcements & Upcoming Meetings: 1. 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. 2. On Monday, May 4th at 7:00 PM in Council Chambers, there will be a Public Hearing to consider an amendment to the Samish Neighborhood Plan that creates a new subarea, Area 1A. 3. On Monday, May 4th at 7:00 PM in Council Chambers, there will be a Public Hearing to consider an interlocal agreement between the City of Bellingham and Whatcom County regarding division of Whatcom Medic One assets and liabilities. 4. Joint Planning Commission and City Council Planning Committee, Thursday, April 23, 2015 to discuss key issues relevant to development of UGA Recommendations. Bellingham City Council meets all requirements of the State of Washington Open Public Meetings Act. Pledge of Allegiance Led by Boy Scout Troop #4006. City of Bellingham Regular City Council Meeting Page 1 of 9 4/20/2015  Roll Call Present: 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: Jack Weiss, Council Member, First Ward Gene Knutson, Council Member, Second Ward 15-Minute Public Comment Period The following citizens presented a PowerPoint presentation and spoke in tandem on behalf of the Association of Bellingham Citizens (ABC): Mary Anne Rangel, Wendy Harris, Bernie Walz, Larry Horowitz and Christopher Grannis. The ABC's current project is the Comprehensive Plan Update and the first two focus issues were presented. Mary Anne Rangel explained that the ABC's current focus is: 1. Will the Population Growth Forecast reflect the community's vision, values and priorities? 2. Will the Population Growth Forecast be based on accurate data? 3. Will the Population Growth Forecast be sustainable and consider our carrying capacity and limits to growth? 4. How should we deal with uncertainty and risk? 5. Given that growth forecasts are self-fulfilling, what is the role of public policy? 6. Are taxpayers subsidizing growth they don't want? Wendy Harris discussed forecast issue #1. Ms. Harris cited specific regulatory requirements under the Growth Management Act that must be considered. She said that the Growth Management Act requires reasonable public notice and early and continuous citizen participation; the Comprehensive Plan ensures that the plan represents the community's 'informed consent' with respect to community goals and values developed through a visioning process and the Department of Commerce provides guidance for the update process. She said the city has a public participation plan that was scheduled to begin in June, 2014 as well as a scope of City of Bellingham Regular City Council Meeting Page 2 of 9 4/20/2015  work document, which indicates the growth projects were completed prior to June, 2014, before the public visioning process and public participation plan were anticipated. The city chose the high population projection of 1,562 new residents each year and has been asking the public to make choices based on the presumption that this high population growth forecast is a predetermined fact. Bernie Walz noted the four resident surveys that were completed in 2006, 2008, 2010 and 2013. Those surveys, when asked "What is the most important problem facing Bellingham today?" all reflected growth-related problems and concerns. Additionally a survey item in 2006 and 2008 found that 71% and 62%, respectively, agree that Bellingham is growing too fast and is losing its character. The surveys show that Bellingham should grow as slowly as possible and the city should adopt the lowest Population Growth Forecast. Larry Horowitz discussed forecast issue #2. He reviewed various population data included in reports, graphs and average annual population growth. Christoper Grannis summarized the two issues, with the conclusion being that the surveys and updated population data reveals that the low population growth forecast provides the best fit with the data through 2014. Tarra Hollins shared her experience of moving her family here with a special needs child. She called attention to the Max Higbee Center, [a nonprofit organization that provides recreation programs for teens and adults with developmental disabilities] and gave it high praise. She noted that there would be a fundraiser on April 25th at Depot Market Square. Margaret Hashmi was asked not to speak on an upcoming ballot measure [Res. #2014- 25]. Ray Baribeau, member of the Jail Planning Task Force, encouraged the Mayor and City Council to work diligently to work out an agreement with the County on a safe, new jail process. This needs to go on the fall ballot so that the voters can vote on the proposed tax increase. He also speculated as to whether the city and county should sponsor a criminal justice system public workshop that might help inform citizens on the justice system. Joseph McDonald would like to see people pulled over for not stopping for pedestrians in a crosswalk and has continued concerns about animal control. He would like the council to advocate for him with regard to these two concerns. Eric Scott addressed issues with the Comprehensive Plan. He feels that the Planning Department is more concerned about the profits of developers than the people of City of Bellingham Regular City Council Meeting Page 3 of 9 4/20/2015  Bellingham. He is losing trust and feels like the neighborhoods will be degraded by increased density. He is concerned about accountability as the commission, appointed by the Mayor and advising the council, are mostly developers and questioned why there is no environmental scientist in that group. He feels that the survey done by the Planning Department saying that everyone wants more infill is misleading as no one wants more crowded conditions. Additionally, he took issue with an item on the Planning Commission agenda which indicated that large lots are a standard of the past and are no longer as important in establishing the character of an area. Irene Morgan Restorative Community Coalition urged the city to set up homeless communities and to oppose the jail at this time. Joy Gilfilen does not support the jail as it is proposed. She said there is a bipartisan movement to create a prison reform movement from the national level. She would like to do a 'grass-roots up' and our community could be a leader in pioneering a restorative economics initiative that is truly about social change. Public Works / Public Safety 20798 1. City of Bellingham Fire Department and Whatcom County Fire District 8 Consolidation Update Update presented during committee. Information only. 20799 2. Bid Award - Padden Creek Daylighting, EV-0004, Bid Number 48B- 2014 Terry Bornemann / Roxanne Murphy moved to award Bid No. 48B-2014 for Padden Creek Daylighting, EV-0004 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 $2,859,479.51, which includes any applicable WSST. MOTION CARRIED 5-0. 20800 3. Bid Award for Alabama Corridor Multimodal Safety Improvements, Project No. ES-0466, Bid No. 4B-2015 Terry Bornemann / Roxanne Murphy moved to award Bid No. 4B-2015 for Alabama Street Corridor Multimodal Safety Improvements, ES-0466 to Award Construction of Ferndale, Washington as the lowest responsive, responsible bidder and to authorize the City of Bellingham Regular City Council Meeting Page 4 of 9 4/20/2015  Mayor to enter into a contract with them for the amount of their bid, which is $3,377,989.20, which includes any applicable WSST. MOTION CARRIED 5-0. Finance and Personnel 20801 1. An ordinance adjusting estimated 2015 budgeted beginning reserves by $45,574,784 to equal actual beginning reserve balances "AN ORDINANCE RELATING TO THE 2015/2016 BIENNIAL BUDGET RECONCILING THE DIFFERENCES BETWEEN BUDGETED ESTIMATED 2015 BEGINNING RESERVE BALANCES AND ACTUAL 2015 BEGINNING RESERVE BALANCES, AND PLACING THE DIFFERENCES IN THE ENDING RESERVE BALANCES FOR A NET RESERVE INCREASE OF $45,574,784.00." Pinky Vargas / Michael Lilliquist moved approval for first and second reading. MOTION CARRIED 5-0. 20802 2. An ordinance authorizing $11,751,064 in reappropriations for goods and services ordered in 2014, but unpaid at year end "AN ORDINANCE RELATING TO THE 2015 BUDGET APPROPRIATING $11,751,064.84 IN ADDITIONAL FUNDS TO PAY FOR GOODS AND SERVICES ORDERED IN 2014 BUT UNPAID AT YEAR END CLOSING, FROM REVENUE AND ESTIMATED ENDING RESERVE BALANCES." Pinky Vargas / Terry Bornemann moved approval for first and second reading. MOTION CARRIED 5-0. 20803 3. An ordinance to authorize $53,115,961 of reappropriations for goods and services budgeted in 2014, but unencumbered at year end "AN ORDINANCE RELATING TO THE 2015 BUDGET APPROPRIATING $53,115,961.00 FROM ESTIMATED RESERVES AND OUTSTANDING REVENUE TO PAY FOR GOODS AND SERVICES THAT WERE AUTHORIZED IN 2014 BUT WERE NOT OBLIGATED BY PURCHASE ORDER OR CONTRACT BY YEAR END, AND PLACING $949,015.00 IN ESTIMATED ENDING RESTRICTED RESERVES." City of Bellingham Regular City Council Meeting Page 5 of 9 4/20/2015  Pinky Vargas / Dan Hammill moved approval for first and second reading. MOTION CARRIED 5-0. 20804 4. Amend the Public Works Natural Resources budget for the addition of a .25 FTE of the Environmental Monitoring Coordinator Position This ordinance was not published in the packet. Pinky Vargas / Roxanne Murphy moved to recommend that the ordinance be considered under the Consent Agenda at the next regular Council meeting on May 4, 2015. MOTION CARRIED 5-0. Parks and Recreation 20805 1. Sehome Hill Arboretum Interlocal Cooperative Agreement Roxanne Murphy / Michael Lilliquist moved to authorize the Mayor to enter into an Interlocal Cooperative Agreement with Western Washington University for the development and operation of the Sehome Hill Arboretum. MOTION CARRIED 5-0. 20806 2. Repurpose the Locomotive at Bloedel Donovan Park Roxanne Murphy / Terry Bornemann moved to authorize the Parks & Recreation Department to surplus the locomotive located at Bloedel Donovan Park through a request for letters of interest process. MOTION CARRIED 5-0. Mayor Linville explained that the intent is that the locomotive is be repurposed, not scrapped. Committee Of The Whole 1. Approval of Minutes No evening minutes were submitted for approval. City of Bellingham Regular City Council Meeting Page 6 of 9 4/20/2015  2. Old/New Business Council Member Lilliquist reported that both Houses of the State Legislature have passed legislation that obligates cities and counties to adopt a procedure for deferral of payment for impact fees until either: final inspection, certificate of occupancy or an equivalent. There will be about a year to develop an ordinance to implement the program. Michael Lilliquist / Dan Hammill moved to authorize Council President Pro Tem Vargas to co-sign the Mayor's letter to Senator Maria Cantwell on Oil Train Safety. MOTION CARRIED 5-0. Council Member Vargas reported that that Georgetown University Energy Prize is in its final stages of every city having their baseline data. All cities will be compared by the end of May. Mayor's Report Standing time for briefings, updates and reports to Council by the Mayor, if needed. Information only. Mayor Linville noted that there was an excellent turnout at the Fun with the Fuzz 5K, with over 1,400 community members participating. 20807 1. Mayor's Appointment of Jocelyn Lindsay as the Silver Beach Neighborhood Primary Representative to the Mayor's Neighborhood Advisory Commission (Information) Information only. 20808 2. Mayor's Reappointment of Barbara Plaskett to the Bellingham- Whatcom County Housing Authorities 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. City of Bellingham Regular City Council Meeting Page 7 of 9 4/20/2015  20809 1. Authorization of Payroll labor cost payments dated March 26, 2015 - April 10, 2015 20810 2. Authorization of A/P checks issued April 10, 2015 Roxanne Murphy / Terry Bornemann moved to approve the Consent Agenda in its entirety. MOTION CARRIED 5-0. Final Consideration of Ordinances 20751 1. AN ORDINANCE ACCEPTING THE DONATION OF REAL PROPERTY AND IMPROVEMENTS KNOWN AS THE PADDEN LAKE HILLS STORMWATER FACILITY 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, MURPHY, VARGAS NAYS: LILLIQUIST EXCUSED: KNUTSON, WEISS MOTION CARRIED 4-1 and was thereafter named Ordinance #2015-04-011. 20752 2. AN ORDINANCE ACCEPTING THE DONATION OF REAL PROPERTY AND IMPROVEMENTS KNOWN AS THE 22ND STREET STORMWATER FACILITY. 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, MURPHY, VARGAS NAYS: LILLIQUIST EXCUSED: KNUTSON, WEISS MOTION CARRIED 4-1 and was thereafter named Ordinance #2015-04-012. City of Bellingham Regular City Council Meeting Page 8 of 9 4/20/2015  20753 3. AN ORDINANCE ACCEPTING THE DONATION OF REAL PROPERTY LOCATED SOUTH OF AND ADJACENT TO BIRCH STREET. Michael Lilliquist / 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: BORNEMANN, HAMMILL, LILLIQUIST, MURPHY, VARGAS NAYS: EXCUSED: KNUTSON, WEISS MOTION CARRIED 5-0 and was thereafter named Ordinance #2015-04-013 Adjournment There being no further business, the meeting adjourned at 8:02 p.m. ____________________________________________ Pinky Vargas, Council President Pro Tem ____________________________________________ ATTEST: Linda D. Anderson, City Clerk Representative APPROVED: 5/4/2015 City of Bellingham Regular City Council Meeting Page 9 of 9 4/20/2015