City Council - Regular Meeting

City of Bellingham City Council Regular Meeting Minutes 05/18/2015, 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, June 1, 2015, there will be a Transportation Benefit District Board Meeting at 12:00 in Council Chambers. 2. On Monday, June 1, 2015, there will be a Public Hearing on the Draft 2016-2021 Transportation Improvement Program (TIP) at 7:00 PM in Council Chambers. 3. The City Council will hold its Annual Retreat on Monday, June 8th 6:00- 9:00 PM in the IT Fireplace Room in the basement of the Municipal Court Building, Halleck Street entrance. Bellingham City Council meets all requirements of the State of Washington Open Public Meetings Act. Pledge of Allegiance Led by Brian Heinrich. 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 City of Bellingham Regular City Council Meeting Page 1 of 10 5/18/2015  Terry Bornemann, Council Member, Fifth Ward Michael Lilliquist, Council Member, Sixth Ward Roxanne Murphy, Council Member, At Large Excused: 15-Minute Public Comment Period Judy Collins again requested help with obtaining water service at their residence on Horton Road. Clarence Holmes and five of his co-workers from PeaceHealth St. Joseph Medical Center thanked the council for its support during the recent strike at the Medical Center. Clayton Petree feels that the city needs an inventory and analysis of the existing housing needs. He feels it is important to have those numbers when it is time to size the Urban Growth Area as the existing housing needs will need to be determined, in addition to the estimated population growth. Presentation 20830 1. PSE Check Presentation to Bellingham School District Lynn Murphy, Puget Sound Energy presented the Bellingham School District an energy efficiency grant in the amount of $70,871.54. Information only. Public Works / Public Safety 20831 1. Bid Award for Scum Concentrator Replacement at the Post Point Wastewater Treatment Plant, Bid Number 17B-2015 Terry Bornemann / Michael Lilliquist moved to award Bid No. 17B-2015 for Scum Concentrator Replacement at the Post Point Wastewater Treatment Plant to Award Construction of Ferndale, 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 $697,310.50, which includes any applicable WSST. MOTION CARRIED 7-0. City of Bellingham Regular City Council Meeting Page 2 of 10 5/18/2015  20832 2. Community Paramedic Pilot Program Evaluation Presentation during committee. Information only. Planning 20833 1. Update on Rental Registration and Safety Inspection Program Implementation Update presented during committee. Information only. Lake Whatcom Reservoir and Natural Resources 20834 1. Interlocal Agreement between the City of Bellingham and Whatcom County to finance the 2015 Aquatic Invasive Species (AIS) Boat Inspection program Jack Weiss / Terry Bornemann moved to postpone the adoption of the Interlocal Agreement with Whatcom County until the county has the full amount of $100,000.00 in place. Concurrently, the City Council would have a presentation and understanding of what the actual process is going to be to have a sustainable program that is paid for by the users of the invasive species program; the Council would have the opportunity to come to an agreement and have that reconciled with the previous council directive of having a fully self-supporting program. MOTION CARRIED 4-3, Pinky Vargas, Gene Knutson, Roxanne Murphy. 20835 2. Interlocal Agreement between the City of Bellingham and Lake Whatcom Water and Sewer District to finance the 2015 Aquatic Invasive Species (AIS) Boat Inspection Program Jack Weiss / Dan Hammill moved to postpone the adoption of the Interlocal Agreement with Lake Whatcom Water and Sewer District until the Council can have a presentation and discuss the process for having a fully self-supporting invasive species program. MOTION CARRIED 4-3, Pinky Vargas, Gene Knutson, Roxanne Murphy opposed. 20836 3. Report from the May 11, 2015, Lake Whatcom Policy Group meeting Report presented during committee. Information only. City of Bellingham Regular City Council Meeting Page 3 of 10 5/18/2015  Community and Economic Development 20837 1. Low-income Housing Impact Fee Exemption Michael Lilliquist / Roxanne Murphy moved to draft an ordinance to exempt 80% of the impact fees for those low-income housing projects on the City's Annual Action Plan. MOTION CARRIED 7-0. 20838 2. Review of the Community and Economic Development Division's 2015 work program Review presented during committee. Information only. 20788 3. Incentives for urban villages and affordable housing Pinky Vargas / Roxanne Murphy moved to direct staff to pursue recommendations outlined in the Urban Village Incentives matrix, as advised. Council Member Lilliquist will not support as he feels the discussion with regard to the incentives has not been completed. A lengthy discussion followed with the following points/clarifications made:  Staff will bring back information on Level of Service and the impacts on future needs for Capital Facilities.  Revisions made to the Level of Service with regard to the capital facilities element of the Parks, Recreation and Open Space (PRO) Plan will inform the incentive program. Staff will bring those discussions back to council at a future date.  The Local Infrastructure Financing Tool (LIFT) in the Urban Village matrix applies to, and will be updated to clarify, that all of the Waterfront, all of Old Town and parts of downtown are included in the LIFT incentive.  The Density Bonus System needs to be monitored and modified on a regular basis City of Bellingham Regular City Council Meeting Page 4 of 10 5/18/2015   because it's tied to land values and specific circumstances. Staff will be looking at an update of the Density Bonus System in the future. MOTION CARRIED 5-2, Michael Lilliquist, Dan Hammill opposed. The city-wide economic incentives will be brought before council for further discussion/action at the June 1, 2015 meeting. Committee Of The Whole 20839 1. An update on the mission and activities of Northwest Youth Services Updated presented during committee. Information only. 20757 2. Discussion of Proposed New Jail Facility Council President Knutson reported that Whatcom County will take action on this on May 26th, at which point, there may be further discussion by the City Council at the June 1 meeting. 20840 3. 2015 First Quarter Financial Report Report presented during committee. Information only. 4. Approval of Minutes Michael Lilliquist / Dan Hammill moved to approve the May 4, 2015 minutes of the City Council regular meeting as submitted. MOTION CARRIED 7-0. 5. Old/New Business Council Member Murphy shared her experience of attending Fire Ops 101 with other elected officials in Richland. Council Member Vargas will attend the Department of Energy Better Building Summit. City of Bellingham Regular City Council Meeting Page 5 of 10 5/18/2015  Council Member Lilliquist attended Celebrating and Protecting our Waters with the Lummi Nation. Council Member Hammill asked for the status of the discussion with paid and protected sick leave. Council President Knutson and Council Member Vargas attended Law Day at Municipal Court with Shuksan Middle School. Council Member Hammill was able to get a better understanding of the court process at Whatcom County. Council Member Weiss noted that there would be a meeting for the Whatcom Transit Authority strategic plan on May 20th. Executive Session - Report & Action Only 1. Potential Property Acquisition: Staff provided information on the potential purchase of an approximate 34.43 acre property owned by Talbot Real Estate, LLC and TIC Holdings, Inc. located east of James Street and north of Sunset Pond. The City will use the property for: (1) a flood control berm; (2) the Squalicum Creek re-route project to enhance a salmon stream; and (3) the Bay to Baker Trail and other greenways activities. Roxanne Murphy / Pinky Vargas moved to authorize the purchase of this property located east of James Street and north of Sunset Pond for $1,500,000.00. MOTION CARRIED 5-2, Jack Weiss, Michael Lilliquist opposed. 2. Potential Property Acquisition: Staff provided information on the potential purchase of an approximate 12.22 acre property owned by Bellingham Cold Storage, LLC located west of James Street and east of I-5. The City will use the property for: (1) a flood control berm and a connector road with bicycle lanes between Birchwood and James Streets; (2) the Squalicum Creek re-route project to enhance a salmon stream; and (3) the Bay to Baker Trail and other greenways activities. Roxanne Murphy / Dan Hammill moved to authorize the purchase of this property located west of James Street and east of I-5 for $975,000.00. MOTION CARRIED 6-1. Jack Weiss opposed. City of Bellingham Regular City Council Meeting Page 6 of 10 5/18/2015  3. Potential Property Acquisition: Staff provided information on the potential purchase of an approximate 1.97 acre partial fee interest and an approximate .60 acre road and trail easement on property owned by Bellingham Cold Storage, LLC located west of I-5 and north of Birchwood Avenue. The City will use the property for: (1) a flood control berm and a connector road with bicycle lanes between Birchwood and James Streets; (2) the Squalicum Creek re-route project to enhance a salmon stream; and (3) the Bay to Baker Trail and other greenways activities. Roxanne Murphy / Dan Hammill moved to authorize the purchase of a partial fee interest, road easement, and trail easement on this property located west of I-5 and north of Birchwood Avenue for $488,000.00. MOTION CARRIED 6-1, Jack Weiss opposed. 4. Litigation: New Cingular Wireless PCS LLC v. City of Bellingham (Whatcom County Superior Court No. 13-2-01599-1): Staff provided an update on this lawsuit involving the utility tax refund claim filed by New Cingular Wireless PCS LLC in the sum of $238,492.85. Dan Hammill / Michael Lilliquist moved to authorize a settlement agreement with the following terms: 1) the City will issue a utility tax credit in the sum of $36,687.32; and 2) dismissal of the lawsuit and administrative appeal with prejudice. MOTION CARRIED 7-0. 5. Potential Litigation: 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. Mayor Linville announced that the Governor signed a bill today in support of the ability to use Warrant Officers. Mayor Linville has been invited to serve on Operation Strong City, an Association of Washington Cities committee. City of Bellingham Regular City Council Meeting Page 7 of 10 5/18/2015  20841 1. Mayor's Reappointment of Dean Haskins as the Alabama Hill Neighborhood Primary Representative to the Mayor's Neighborhood Advisory Commission (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. 20842 1. Bid Award 26B-2015 for No-Lead Brass Service and Threaded Fittings 20843 2. Authorization of Payroll labor cost payments dated April 25, 2015 - May 8, 2015 20844 3. Authorization of A/P checks issued May 1, 2015 20845 4. Authorization of A/P checks issued May 8, 2015 Roxanne Murphy / Terry Bornemann moved to approve the Consent Agenda in its entirety. MOTION CARRIED 7-0. Final Consideration of Ordinances 20772 1. AN ORDINANCE ESTABLISHING BELLINGHAM MUNICIPAL CODE CHAPTER 4.92 FOR THE PURPOSE OF ESTABLISHING A ONE PERCENT FOR ART PROGRAM 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, KNUTSON, LILLIQUIST, MURPHY, VARGAS, WEISS NAYS: EXCUSED: MOTION CARRIED 7-0 and was thereafter named Ordinance #2015-05-017 City of Bellingham Regular City Council Meeting Page 8 of 10 5/18/2015  20789 2. AN ORDINANCE AMENDING CHAPTER 10.28 BMC TO AUTHORIZE VOLUNTARY COMPLIANCE AGREEMENTS WITH PROPERTY OWNERS WHERE THE VIOLATION DOES NOT CREATE A RISK OF IMMINENT HARM TO PUBLIC HEALTH OR SAFETY Jack Weiss / 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, KNUTSON, LILLIQUIST, MURPHY, VARGAS, WEISS NAYS: EXCUSED: MOTION CARRIED 7-0 and was thereafter named Ordinance #2015-05-018 20804 3. AN ORDINANCE AMENDING THE 2015/2016 ADOPTED BUDGET RECLASSIFYING ONE FULL TIME POSITION BUDGETED IN MULTIPLE FUNDS IN THE PUBLIC WORKS DEPARTMENT, REPLACING THE FULL TIME POSITION WITH TWO PART TIME POSITIONS AND REALLOCATING EXPENDITURES IN THE WATER, STREET, STORM AND SURFACE WATER AND OLYMPIC PIPELINE INCIDENT FUNDS TO PROVIDE FUNDING FOR THE CHANGE 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 2015-05-019 20817 4. AN ORDINANCE AUTHORIZING THE ACQUISITION OF APPROXIMATELY 3,600 LED STREET LIGHT FIXTURES AND EXECUTION OF A FINANCING CONTRACT AND RELATED DOCUMENTATION RELATING TO THE ACQUISITION OF SAID PERSONAL PROPERTY THROUGH THE WASHINGTON STATE TREASURER'S LOCAL OPTION CAPITAL ASSET LENDING (LOCAL) PROGRAM City of Bellingham Regular City Council Meeting Page 9 of 10 5/18/2015  Pinky Vargas / Jack Weiss 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 #2015-05-020 20826 5. AN ORDINANCE APPROPRIATING $84,868.00 REMAINING FUNDS IN THE PARK SITE ACQUISITION FUND AND CLOSING THE FUND Michael Lilliquist / 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 #2015-05-021 Adjournment There being no further business, the meeting adjourned at 8:21 p.m. ____________________________________________ Gene Knutson, Council President ___________________________________________ ATTEST: Linda D. Anderson, City Clerk Representative APPROVED: June 1st, 2015 City of Bellingham Regular City Council Meeting Page 10 of 10 5/18/2015