City Council - Regular Meeting

City of Bellingham City Council Regular Meeting Minutes 07/06/2015, 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: Bellingham City Council meets all requirements of the State of Washington Open Public Meetings Act. On Monday, July 27, 2015, there will be a Public Hearing to develop recommendations for the City's 20-year population and employment projections and Urban Growth Area (UGA). The meeting will take place at 7:00 PM in Council Chambers. Pledge of Allegiance Led by Gene Knutson 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 Judy Collins, addressed the Council about obtaining water service at her residence. City of Bellingham Regular City Council Meeting Page 1 of 9 7/6/2015  James, spoke on the systemic contributions to homelessness in Bellingham. Dan Rasmussen, owner of Rasmussen Construction Company, petitioned against the recommendation for a Bid Award to P & P Excavating (AB 20882). He referenced a letter of protest he wrote to City staff. He believes the companies that applied for the bid award operate out of residences rather than industrial buildings. He noted that type of business operation is illegal in Whatcom County and City of Bellingham limits. Yoshi Ravelle, spoke against climate change and ocean acidification. Jonathan Hopkins, Operations Manager with Uber, recommended the Council adopt Option 3 of the Action Model. He requested the Council let Option 3 guide them towards developing an ordinance that would address background checks for providers of for-hire transportation services and amend the Bellingham Municipal Code 6.54 (AB 20814). Kris Halterman, spoke against the legislation that was introduced earlier in the day for paid sick leave (AB 20886). She reported that after she contacted both the Federal Department of Labor and the Washington State Department of Labor and Industries she believes the City Council does not have the authority to adopt an ordinance making it mandatory for employers to provide paid sick leave. Lori Province, spoke in favor of the paid sick leave (AB 20886). She informed Council that other cities have adopted such ordinances and their businesses have not been impeded. Clarence Holmes, employee of PeaceHealth Laboratories at St. Joe's Hospital, thanked the community for the success of a new contract with PeaceHealth. Judy Ringkrist, works for PeaceHealth in the lab, and supports paid sick leave (AB 20886). Sara Cherin, Political Director of UFCW Local #21, advocated in support of a paid sick leave ordinance (AB 20886). Linda Allen, sang her statement in support of paid sick leave (AB 20886). Kristen Duncan, summarized her experience with sick leave she used due to cancer treatment (AB 20886). She expressed that had there been a paid sick leave ordinance she would not have had to worry about losing her job while undergoing treatment. Larry Hildess, a small business owner, spoke in favor of a paid sick leave ordinance (AB 20886). City of Bellingham Regular City Council Meeting Page 2 of 9 7/6/2015  Dean Tuckerman, expressed his approval of a paid sick leave ordinance (AB 20886). Diane Foster, a nurse practitioner, relayed her experience with patients that should have been on bedrest but could not for fear of losing their jobs (AB 20886). She supports the proposal of a paid sick leave ordinance. Joy Gilfellen, spoke against the County Executive's decision to reject the City's concerns about a new jail (AB 20757). She gave a list of options to be considered. Council Standing Committee Meetings: Public Works / Public Safety 20877 1. Request for Noise Variance by PSE for night work in the 2200 block of James and Iron Streets Terry Bornemann/Roxanne Murphy moved to approve Noise Variance. MOTION CARRIED 7-0. 20878 2. Bid Award for NEP Phosphorus Management Lake Whatcom (EV- 0113), Bid# 41B-2015 Terry Bornemann/Michael Lilliquist moved to approve award Bid No. 41B-2015 for NEP Phosphorus Management Lake Whatcom (EV-0113), to Oceanside Construction of Bellingham, 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 $343,528.45, which includes any applicable WSST. MOTION CARRIED 7-0. 20879 3. Budget Amendment for the 2015-2016 Budget Re-appropriating $1,313,000 for Public Works Expenditures AN ORDINANCE AMENDING THE 2015/2016 ADOPTED BUDGET APPROPRIATING $1,313,000.00 IN PUBLIC WORKS EXPENDITURES FROM ESTIMATED ENDING RESERVES IN THE STREET, WASTEWATER AND FACILITIES ADMINISTRATION FUNDS FOR PROJECTS, GOODS AND SERVICES THAT WERE INADVERTENTLY OMITTED FROM THE 2015 REAPPROPRIATION ORDINANCE Terry Bornemann/Dan Hammill moved approval for first and second reading. MOTION CARRIED 7-0. City of Bellingham Regular City Council Meeting Page 3 of 9 7/6/2015  20880 4. Staff Recommendation to Reject All Bids and Rebid the Project known as Water Quality for Padden Estuary, Project No. EV-0106, Bid No. 23B-2015 Terry Bornemann/Roxanne Murphy moved to reject all bids and rebid the Project known as Water Quality for Padden Estuary. MOTION CARRIED 7-0. 20814 5. Relating to Transportation Network Companies Terry Bornemann made motion to pass. Pinky Vargas would like more information. She suggested more discussion and consider options. Jonathan Hopkins, Uber representative, addressed Council. He explained that Option 3 of the memorandum is the most equitable and streamlined for both Uber and the City of Bellingham. He reported that the City of Seattle has yet to implement Option 2 because of the lack of staff time needed. Michael Lilliquist spoke in favor of the Seattle model (Option 2). He believed it was straightforward and fair. Roxanne Murphy spoke in favor of the Vancouver model (Option 3). Roxanne Murphy/Terry Bornemann moved approval of the Vancouver, WA model (Option 3). MOTION CARRIED 5-2. Jack Weiss/Michael Lilliquist opposed. Parks and Recreation 20881 1. Lake Padden Golf Course Lease Modification Roxanne Murphy/Dan Hammill moved to approve lease modification of the Lake Padden Golf Course. MOTION CARRIED 7-0. 20882 2. Bid Award for Cordata Trail to Elementary School PD2028-6, Bid Number 34B-2015 Roxanne Murphy/Terry Bornemann moved to award Bid No. 34B-2015 for Cordata Trail to Elementary School PD 2028-6, to P &P Excavating LLC of Bellingham, WA, 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 $378,832.85, which includes any applicable WSST. MOTION CARRIED 7-0. City of Bellingham Regular City Council Meeting Page 4 of 9 7/6/2015  Committee Of The Whole 20883 1. Presentation on the Findings of the Lake Whatcom Monitoring Project 2013/2014 Report Information only. 20884 2. Adding a Conflict of Interest Clause to the City Council Rules of Procedure RESOLUTION ADDING A CODE OF CONDUCT - CONFLICT OF INTEREST SECTION TO THE BELLINGHAM CITY COUNCIL RULES OF PROCEDURE Item postponed until July 27, 2015. 20885 3. Establishing a "Running List" System for Minor Code Amendments Item will be brought back to the Planning Committee for further discussion. 20886 4. Bellingham Paid Sick and Safe Leave Discussion Item was assigned to the Community and Economic Development Committee for further discussion. 20887 5. County Jail Proposal Update Information only. Gene Knutson reported that the County Council will meet tomorrow evening, July 7, 2015. 6. Approval of Minutes Roxanne Murphy/Michael Lilliquist moved approval of the June 15, 2015, minutes of the regular City Council meeting as submitted. MOTION CARRIED 7-0. 7. Old/New Business Terry Bornemann reported the loss of Dennis Lane, President of Whatcom Community Television and Communications (WCTC). Gene Knutson suggested we observe the loss with a moment of silence at the beginning of the next Council Meeting. Michael Lilliquist informed the Council that he and Terry Bornemann attended the Association of Washington Cities Conference in Wenatchee. At that conference, the Governor's Smart Community Awards were presented and the City of Bellingham, won City of Bellingham Regular City Council Meeting Page 5 of 9 7/6/2015  an award for the downtown project. Darby Cowles, Senior Planner, travelled to Wenatchee to receive the award. Bill Newbold, Fire Chief, followed up with Old Business from the previous meeting. The Council had directed staff to look into implementing the name of Indian Street to Billy Frank Jr. Street (AB 20860). Chief Newbold corrected the original estimate from $20,000 - $30,000 to an estimate of $7,000. Staff will move forward with implementing the name change and notify all effected occupants (approximately 225 mailings) on the street by certified mail within the week. Jack Weiss asked the Fire Chief about the 4th of July holiday. Chief Newbold reported that there were 65 incidents for the day. He relayed that Bellingham Fire Department is now on Twitter and it has helped alleviate the call volume. Overall it was a safe holiday celebration. Executive Session - Report and Action only. 1. Potential Property Acquisition (Stamps, approx. 5 min) Direction given. No action taken. 2. Litigation: City of Bellingham v. Sang T. Yi, et al. (Brady, approx. 15 min) Direction given. No action taken. Mayor's Report Standing time for briefings, updates and reports to Council by the Mayor, if needed. Information only. 20888 1. Mayor's Reappointment of Stephen Dillon to the Community Development Advisory Board (Information) Renee LaCroix was promoted as the new Assistant Director of Natural Resources. The State Department of Transportation awarded funding to the City of Bellingham for the Bakerview Overpass project. The City also received funding for the Orchard Street multimodal improvements. In addition, the State agreed to the City's request of revenue sharing that will include monies from marijuana and liquor funds. The Housing Trust Fund received money as well. City of Bellingham Regular City Council Meeting Page 6 of 9 7/6/2015  The Mayor reported that approximately 400 rentals have been registered in the new Rental Registration program. Mayor Linville reappointed Stephen Dillon to the Community Development Advisory Board. 20889 2. Mayor's Appointment of Angela Nelson to the Lake Whatcom Watershed Advisory Board (Approval) Michael Lilliquist/Terry Bornemann moved approval of Angela Nelson to the Lake Whatcom Watershed Advisory Board. MOTION CARRIED 7-0. 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. 20890 1. Modification #1 to COB# 2014-0102 Interlocal Agreement between City of Bellingham and Skagit River Systems Cooperative to Conduct Estuary and Nearshore Salmonid Assessment 20891 2. Interlocal Agreement for Nooksack Estuary Juvenile Salmonid Sampling 2015 with the City of Bellingham and Lummi Nation 20892 3. Budget Amendment for the Appropriation of TIB Grant Funds in the Amount of $60,000 for the Yew St. Sidewalks, Texas to Alabama Project ES-0510 AN ORDINANCE AMENDING THE 2015/2016 ADOPTED BUDGET, INCREASING REVENUE IN THE STREET FUND BY $60,000.00 AS A RESULT OF A STATE OF WASHINGTON TRANSPORTATION IMPROVEMENT BOARD GRANT, AND APPROPRIATING $60,000.00 IN RELATED EXPENDITURES 20893 4. Authorization of A/P checks issued June 12, 2015 20894 5. Authorization of A/P checks issued June 19, 2015 20895 6. Authorization of A/P checks issued June 26, 2015 20896 7. Authorization of Payroll labor cost payments dated May 23, 2015 - June 10, 2015 City of Bellingham Regular City Council Meeting Page 7 of 9 7/6/2015  20897 8. Authorization of Payroll labor cost payments dated June 11, 2015 - June 25, 2015 Roxanne Murphy/Terry Bornemann moved approval of all items on the Consent Agenda. MOTION CARRIED 7-0. Final Consideration of Ordinances 20863 1. AN ORDINANCE AMENDING THE 2015/2016 ADOPTED BUDGET INCREASING REVENUE IN THE GENERAL FUND BY $5,000.00 AS A RESULT OF A LUMMI COMMUNITY CONTRIBUTION GRANT AWARD TO THE CITY OF BELLINGHAM OFFICE OF EMERGENCY MANAGEMENT, AND APPROPRIATING RELATED EXPENDITURES Roxanne Murphy/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 and was thereafter named Ordinance #2015-07-027 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 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 and was thereafter named Ordinance #2015-07-028 City of Bellingham Regular City Council Meeting Page 8 of 9 7/6/2015  20866 3. 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 LOW-INCOME HOUSING PROJECTS 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 and was thereafter named Ordinance #2015-07-029 20875 4. AN ORDINANCE AMENDING THE 2015/2016 ADOPTED BUDGET INCREASING REVENUE IN THE STORM AND SURFACE WATER FUND BY $88,634.00 AS A RESULT OF AN INTERAGENCY SERVICES AGREEMENT WITH THE DEPARTMENT OF ECOLOGY, APPROPRIATING $79,182 IN RELATED EXPENDITURES AND PLACING $9,452.00 IN ESTIMATED ENDING UNDESIGNATED RESERVES 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 and was thereafter named Ordinance #2015-07-030 Adjournment There being no further business, the meeting adjourned at 8:22 PM. ____________________________________________ Gene Knutson, Council President ___________________________________________ ATTEST: Elisabeth A. Oakes, City Clerk Representative APPROVED: July 27th, 2015 City of Bellingham Regular City Council Meeting Page 9 of 9 7/6/2015