City Council - Regular Meeting

City of Bellingham City Council Regular Meeting Minutes 06/15/2015, 7:00 PM Mayor Kelli Linville Contact: (360) 778-8200, ccmail@cob.org Council Members April Barker, 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. The following items are heard in the Regular Meeting only: Call to Order GK called to order at 7:01 Announcements & Upcoming Meetings: Pledge of Allegiance Roll Call 15-Minute Public Comment Period Tom Scott, speaking on behalf of the York neighborhood association. Presented a petition campaign, also asked Council to direct Planning dept. He submitted the petition w/ approx. 250 signatures. He would like design guidelines for historical and single family neighborhoods. Ray ____ from Glen Meadows, urged Council to sign the interlocal agreement for the new jail. Lisa Sherry, concerned about the long process of the jail that is being proposed. Urges the Council to not delay the decision to move on the jail and put it on the November ballot. Joan Dall, also asked the Council to not delay w/ regard to the Interlocal agreemnet to get jail going. 1 James?? spoke on homelessness, Jack House, Sehome neighborhood, spoke about the York issue that was addressed last session. Joseph McDonald, spoke on animal control and wants Council to tell Animal Control officers to do their job for th Carol Slesnick, 30 years Bellingham resident. Urges Council to ---- (see handout) Tim Hotstler, Sehome neigborhood and on their board. Need detail in looking at the York issues Sandra Randall, addressed the issue about the jail. Urges Council to look at drug and mental health courts, look at it as an economic issue as well and not look make such a large jail. More $ towards drugs and alcohol rehab than incarciration. Robert Burr, resident, wants to know why Council members are running unopposed. 10. It costs too much. 9. It pays too little. 8. What's the CIty Council? 7. What difference can one person make? 6. People would rather critizise than 5. Jack Weiss is too tough an act to follow 4. Mst of the bad decisions have already been made 3. Pinky Vargas 2. it doens't matter 1. You have all done a great job. something about a jail... Richard Manna? Whatcom Law and Justice Council. He was appointed to this council. Reported on his findings from working on the Council. He urges Council to make a move on the jail. We do not have a 2  Joy Gilfillen, Restorative Community Coalition, please do not build such a large jail. But rather work towards a solution Irene?? w/Restorative Community Coalition, met with an intern today. Imparted hope to intern after providing information on their programs. Consider the im Brook Anderson, has attended various meetings on the planning committee and City Council. Was pleased about the decisions the Council has recently made. In particular the quiet zones. Lisa McShane, York neighborhood, please consider alternatives to the jail. Too expensive, better programs that would help diversion programs would be better. Too big and too expensive. Presentation GK presented resolution honoring her. motion made by GK, JW and RM seconded. 20858 1. Resolution Honoring Linda Anderson The following are heard in both Committee sessions and Regular Meeting in order below: Council Standing Committee Meetings: Public Works / Public Safety 1:00 PM 20859 1. Fire Boat Update TB reported on items 1. Fire Boat, new boat will be dedicated on August 5th, I.O. 3 20860 2. A Discussion Regarding Changing the Name of Indian Street to Billy Frank, Jr. Street explored the possibility of change, recommended that the staff implement the name change and start the process. Terry moved, RM seconded. 7/0 20861 3. Bid Award for Ohio Street Bike Lanes, Project No. ES-0491, Bid No. 35B-2015 City received two bids, recomme TB moved, RM seconded. 7/0 20862 4. Bid Award for Squalicum Creek Reroute, Phases 1 and 2 (EV-0110 and EV-0116) Bid Number 21B-2015 Two phases, TB moved and ML seconded. 7/0 5. LAST ITEM: Under consent agenda. Finance and Personnel 1:30 PM 20863 1. Lummi Indian Business Council Community Contribution Award to Office of Emergency Management 4  We have a credit in our budget, it is from the Lummi Nation, see agenda bill 20863, PV thanked the PV moved, JW seconded. 7/0 20864 2. An Ordinance Adding A New Section Bellingham Municipal Code 2.24.055 to Establish the Position of Warrant Officer at the Bellingham Police Department Had a presentation from David Doll, PV moved and ML seconded, 7/0 Lake Whatcom Reservoir and Natural Resources 1:45 PM 20865 1. Report from the June 8, 2015, Lake Whatcom Policy Group Meeting DH is the Chair. Information only. Parks and Recreation 1:50 PM 20876 1. Parks and Recreation Department, Recreation Division Update Information only. Community and Economic Development 2:10 PM 20866 1. An Ordinance Amending Title 15 and Title 19 of the Bellingham Municipal Code Regarding an Exemption for Impact Fees and Utility System Development Charges for Qualified Low-Income Housing 5  Projects ML is the chair, recommended to pass this ordinance. ML moved, RM seconded 7/0 Committee Of The Whole 2:15 PM 20867 1. Presentation of the Fairhaven Parking Task Force Final Draft Report and Recommendations A RESOLUTION OF THE CITY OF BELLINGHAM, WASHINGTON APPROVING THE FAIRHAVEN PARKING TASKFORCE REPORT GK moved, ML seconded to pass this resolution. 7/0 Ted Carlson reported on the findings of the parking task force and to pass ordinance. 20757 2. Discussion of Proposed Whatcom County Jail Peter Ruffatto reported on the questions that were presented to the Staff. He reported on 6 points: 1. Can the City accept the location of the jail as proposed by the County? 2. Can the City accept the size of the jail as proposed by the County? 3. Core Principle: Prevention and diversion programs need to be funded under the agreement and implemented with City representation. (listen to again) 4. Equitable contribution to the capital project and operation 6 look at historical bed use, this is what drives the cost. how do we charge and whom to charge the per diem Mayor reported equiptable contribution according to City usage. Behavioral health tax that is attributed to the per diem rates 5.Core Principle: Operations funds and capital funds need to be separated. 6. Core Principle: The City must have continued access to the facility and programs. The city is being asked to be a capital contributor. ML wanted to add 7. That any City make thier own public safety needs JW wanted to add something about sales tax isn't fair and property tax would be better. TB wants specifics in an interlocal agreement. Wants it laid out more specifically. GK JW wants a revised a TB seconded DH would also like to express he's not able to support this proposal. PV also felt the same way RM wants more time to build the right way, create more diversion and not have to ask for more money for a jail being built GK made a motion to not approve the interlocal agreement RM seconded? 6/1 with ML not in favor. ML warned about double taxation. (principle #4) TB worried about 1. diversion programs being cut. 2. what is equitable? 3. will the COB be asked to pay for operational costs on a daily basis? Brian Henshaw reported that staff will address these issues once we understand the funding mechanism, will give the the Staff a lot more direction and be able to answer the questions on core principles. we will need more detail, what are the objectives? the way we fund this? 7 PV said we need to give clear direction to the County. JW spoke to no. 1 & no. 2 which really addresses no. 3, what will make more sense is to resolve core principle no 3. and it will solve no 1 & no 2. ML moved to approve with presenting questions 3-6 to the County. DH wants to look at how we fund this ML wants the funding to be fair and equitable TB wants all four of the principles and present them to the County JW also agree w/ all 4 core principles. and agrees with RM's opinion Prefers a sales tax and ML moved, PV seconded 6/1 GK dissented JW made a motion to add more equitable and non regressive funding sources, use thru a property tax -would like to split the tax usage DH seconded, PV is not ready to support this, and so is ML. DH supported JW's motion. Motion fails 5/2 Mayor said the County may not negotiate this. 20868 3. Mid-year Update - PCD Work Program information only 20847 4. A Resolution of the City of Bellingham, Washington Adopting the 8  2016-2021 Transportation Improvement Program A RESOLUTION OF THE CITY OF BELLINGHAM, WASHINGTON ADOPTING THE 2016 - 2021 TRANSPORTATION IMPROVEMENT PROGRAM moved made by PV, RM seconded 7/0 Ted Carlson submitted the amendments to the following projects: 3. 19. u 21. 20869 5. Emergency ordinance adopting interim zoning for the cultivation of medical marijuana for personal use and imposing a moratorium on the establishment of medical marijuana collective gardens and cooperatives AN ORDINANCE OF THE CITY OF BELLINGHAM, WASHINGTON, RELATING TO LAND USE AND ZONING, DECLARING AN EMERGENCY AND ADOPTING INTERIM ZONING REGULATIONS FOR THE CULTIVATION OF MEDICAL MARIJUANA FOR PERSONAL USE AND ESTABLISHING AN IMMEDIATE MORATORIUM ON THE SITING, ESTABLISHMENT, AND OPERATION OF MEDICAL MARIJUANA COLLECTIVE GARDENS AND COOPERATIVES, AND SETTING TWELVE MONTHS AS THE EFFECTIVE PERIOD OF THE INTERIM ZONING REGULATIONS AND MORATORIUM TO ALLOW THE WASHINGTON STATE LIQUOR AND CANNABIS BOARD TO COMPLETE ITS RULEMAKING FOR MEDICAL MARIJUANA COOPERATIVES AND THE CITY TO STUDY THE LAND USE IMPACTS OF SUCH USES rec GK, RM seconded 7/0 9  6. Approval of Minutes PV made motion, JW seconded 7/0 7. Old/New Business JW reported on three items from ban smoking on City property (parks and trails) -moved to assign the issue JW made motion DH seconded 7/0 catlicensing for tasks DH seconded establishing a salary commissin that would review elected officials. JW ML seconded 7/0 PV reported from the Deming Log Show Executive Session 3:15 PM 1. Potential Litigation (Marriner, approx. 15 min) direction given , no action taken Mayor's Report 20870 1. Mayor's Appointment of Alena Feeney to the Lake Whatcom Watershed Advisory Board (Approval) Appointed for approval RM made motion 10  ML seconded 7/0 Consent Agenda 20871 1. Authorization of A/P checks issued May 29, 2015 20872 2. Authorization of A/P checks issued June 5, 2015 20873 3. Bid Award for Three 2-Yard Dump Truck Bodies, Bid No. 30B-2015 20874 4. Bid Award for N. State Street/ E. Laurel Street Pedestrian Safety Improvements, Project No. ES-0492, Bid #15B-2015 5. TB moved and DH seconded. 7/0 7/0 20875 5. Ordinance Amending the 2015/2016 Adopted Budget to Account for Department of Ecology Interagency Agreement C1500140 in the amount of $88,634.00 for Bioretention Hydrologic Performance Study, EV133. Final Consideration of Ordinances 20643 1. An ordinance to consider a petition to vacate an alley between Samish and 37th Streets South of Consolidation AN ORDINANCE RELATING TO THE VACATION OF A PORTION OF THE 11  ALLEY BETWEEN SAMISH WAY AND 37th STREET, SOUTH OF CONSOLIDTION AVENUE AS SHOWN IN ATTACHMENT 1 PV made motion RM seconded 7/0 20781 2. An ordinance to consider amendments to the Samish Neighborhood Plan and Bellingham Municipal Code to rezone Area 9 in the Samish neighborhood from Commercial, Planned, Non-retail to Commercial, Planned AN ORDINANCE OF THE CITY OF BELLINGHAM RELATING TO BELLINGHAM’S COMPREHENSIVE PLAN, AMENDING THE SAMISH NEIGHBORHOOD PLAN AND SECTION 20.00.150 OF THE BELLINGHAM MUNICIPAL CODE TO REZONE AREA 9 OF THE SAMISH NEIGHBORHOOD FROM COMMERCIAL, PLANNED, NON-RETAIL TO COMMERCIAL, PLANNED PV made motion JW seconded 7/0 20782 3. An ordinance to consider amendments to the Samish Neighborhood Plan and Bellingham Municipal Code to rezone 801 Samish Way in Area 4 of the Samish Neighborhood from Residential, Single to Commercial, Planned, office uses only AN ORDINANCE OF THE CITY OF BELLINGHAM RELATING TO BELLINGHAM’S COMPREHENSIVE PLAN, AMENDING THE SAMISH NEIGHBORHOOD PLAN AND SECTION 20.00.150 OF THE BELLINGHAM MUNICIPAL CODE TO REZONE 801 SAMISH WAY IN AREA 4 OF THE SAMISH NEIGHBORHOOD FROM RESIDENTIAL, SINGLE TO COMMERCIAL, PLANNED, OFFICES ONLY ALLOWED, AND CREATING A NEW AREA 10 IN THE SAMISH NEIGHBORHOOD 12  RM made motion JW seconded TB opposed 6/1 20812 4. An ordinance to consider amendments to the Samish Neighborhood Plan and Bellingham Municipal Code to create Area 1A in the Samish Neighborhood with a Commercial land use designation and a Commercial, Planned zoning designation AN ORDINANCE OF THE CITY OF BELLINGHAM’S COMPREHENSIVE PLAN AND ZONING, SPECIFICALLY AMENDING THE SAMISH NEIGHBORHOOD BY CREATING A NEW SUBAREA, AREA 1A, AND AMENDING SECTION 20.00.150 OF THE BELLINGHAM MUNICIPAL CODE TO CREATE A NEW SUBAREA, AREA 1A Adjournment 9:19 Pinky Vargas, Council President ATTEST: Elisabeth Oakes, City Clerk Representative APPROVED: <APPROVAL_DATE> 13