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City Council - Regular Meeting

Regular Meeting

Bellingham, WA · September 14, 2015

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Minutes

City of Bellingham City Council Regular Meeting Minutes 09/14/2015, 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. The following items are heard in the Regular Meeting only: 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. Pledge of Allegiance Council President Knutson led the Pledge of Allegiance. 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 James, informed the Council about the lack of homeless shelters and the systemic contributions to homelessness. City of Bellingham Regular City Council Meeting Page 1 of 7 9/14/2015 Judy Collins, provided a map to show where she is in relation to the UGA. She would like to be included in the UGA in the hopes of obtaining a water line to her property. Maureen Dunaway, objected to building a new jail. She feels a better use of tax dollars would be for diversion programs and facilities for homeless residents of Bellingham. (AB 20757) Joy Gilfilen, addressed the Council, and showed a graph of the cost projections to run the new jail facility. She urged Council to pass legislation that would fund diversion programs to keep offenders out of jail rather than fund a new jail. (AB 20757) Ray Baribeau, relayed his experience with volunteering for the work center and other jail alternative programs. If the City cannot come to an arrangement with the County on the Jail Facility Use Agreement, he warned that there may be unintended consequences. (AB 20757) Irene Morgan, of the Restorative Community Coalition, urged the Council to consider using the existing funds of the jail facility to fund diversion programs instead of building a new jail. (AB 20757) Jeffrey Garrison, requested the Council take steps to create programs in the community that would help Syrian refugees for resettlement. Lynn Barton, reported her problem with the parking pay system in Downtown. She also addressed construction behind her property and a lack of code enforcement for building in single family neighborhoods. Public Works / Public Safety 20960 1. Woodstock Intersection Improvements, Project # ES-0318, Impacts to Sunset Pond Park Information only. 20961 2. Bid Award for the Lincoln Street Sidewalk Improvements, Bid No. 47B-2015 Terry Bornemann / Roxanne Murphy moved to award Bid No.47B-2015 for the Lincoln Street Sidewalk Improvements to Faber Construction of Lynden, 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 $437,982.97, which includes any applicable WSST. MOTION CARRIED 7-0. City of Bellingham Regular City Council Meeting Page 2 of 7 9/14/2015 Planning 20962 1. A Request from the Bellingham School District (BSD) to Initiate the Review Process for an Emergency Amendment to the Bellingham Comprehensive Plan to Incorporate a New Six-Year Capital Facilities Plan Jack Weiss / Roxanne Murphy moved to approve a review process for an Emergency Amendment to the Bellingham Comprehensive Plan that incorporates the Bellingham School District's new six year capital facilities plan. MOTION CARRIED 7-0. Lake Whatcom Reservoir and Natural Resources 20905 1. Aquatic Invasive Species Prevention Program Cost Recovery Dan Hammill / Jack Weiss moved to direct staff to draft a resolution that would increase cost recovery funding to 45% in 2016, increase cost recovery funding to 60% in 2017 and work with State officials to seek funding for the inspection program at a state level. MOTION CARRIED 6-1. Roxanne Murphy opposed. Finance and Personnel 20963 1. AN ORDINANCE AMENDING THE 2015 / 2016 ADOPTED BUDGET INCREASING REVENUE IN THE STREET FUND BY $4,000,000 AS A RESULT OF $3,500,000 PROCEEDS FROM AN INTERGOVERNMENTAL LOAN AND AWARD OF A $500,000 GRANT; APPROPRIATING $4,000,000 FOR STREET LIGHTING SYSTEM IMPROVEMENTS, TRANSFERRING $295,000 FROM STREET FUND RESERVES TO THE GOVERNMENTAL DEBT SERVICES FUND AND APPROPRIATING TRANSFERRED FUNDS FOR DEBT SERVICE PAYMENTS Pinky Vargas / Jack Weiss moved approval for first and second reading. MOTION CARRIED 7-0. 20964 2. AN ORDINANCE AUTHORIZING AN INTERFUND LOAN OF $1,350,000 FROM THE SOLID WASTE FUND TO THE WATER FUND AND AMENDING THE 2015 / 2016 ADOPTED BUDGET IN THE WATER FUND BY APPROPRIATING $1,350,000 IN THE WATER FUND FOR PRINCIPAL REPAYMENT Pinky Vargas / Roxanne Murphy moved approval for first and second reading. MOTION CARRIED 7-0. City of Bellingham Regular City Council Meeting Page 3 of 7 9/14/2015 20965 3. AN ORDINANCE OF THE CITY OF BELLINGHAM, WASHINGTON, AUTHORIZING THE ISSUANCE OF A WATER AND SEWER REVENUE REFUNDING BOND OF THE CITY IN THE PRINCIPAL AMOUNT OF NOT TO EXCEED $4,200,000 TO REFUND OUTSTANDING WATER AND SEWER REVENUE BONDS, MAKE A DEPOSIT TO THE RESERVE ACCOUNT (IF REQUIRED), AND PAY COSTS OF ISSUANCE; DELEGATING AUTHORITY TO APPROVE THE SALE AND FINAL TERMS OF THE BOND; AND RESERVING THE RIGHT TO ISSUE REVENUE REFUNDING BONDS ON A PARITY WITH THE BOND UPON COMPLIANCE WITH CERTAIN CONDITIONS Pinky Vargas / Michael Lilliquist moved approval for first and second reading. MOTION CARRIED 7-0. Community and Economic Development 20966 1. Economic Development Strategic Action Plan Committee recommended staff make revisions and discuss at a future meeting. 20967 2. North State Street Design Concept Information only. Committee Of The Whole 20968 1. Presentation of Mental Health Court and Behavioral Court Information only. 20969 2. Consideration of the Consent Decree for the Eldridge Municipal Landfill Site Gene Knutson / Pinky Vargas moved to approve the Mayor authorize the Consent Decree for the Eldridge Municipal Landfill Site. MOTION CARRIED 7-0. 20959 3. Discussion of City of Bellingham Proposed Jail Facility Use Agreement The City Council reviewed the Jail Use Facility Agreement and proposed the following changes to present to County Council: 1. The City agrees to 450 beds 2. The City proposes $800,000 annually to capital costs of building the facility, prior to knowing actual costs. City of Bellingham Regular City Council Meeting Page 4 of 7 9/14/2015 3. The cost estimate to build the jail would be $80,000,000. 4. The County must obtain written approval prior to construction beyond Phase 1 and the parties will negotiate in good faith with respect to the appropriate number of beds. 5. Jail diversion and jail alternative programs will be included as a commitment. Dan Hammill pointed out a typo in Section 2 of the agreement; the word "executive" should be "execute." Terry Bornemann / Pinky Vargas moved to present the proposed Jail Facility Use Agreement with changes to the County Council for consideration. MOTION CARRIED 7- 0. 4. Approval of Minutes Michael Lilliquist / Roxanne Murphy moved approval of the August 31, 2015, minutes of the regular City Council meeting as submitted. MOTION CARRIED 7-0. 5. Old/New Business Mayor Kelli Linville expressed her appreciation of how the City Council acknowledges the hard work of the staff on presentations and reports. She recognized several items the staff worked on throughout the summer. They included: Parks and Recreation department opened the trail at the Breakwater; the joint effort of the Planning and Community Development, Legal, Public Works departments for the smooth transition of closing the Aloha Motel and relocation of motel residents; the events in the Maritime Heritage Park including concerts and food trucks; the clean-up of the Whatcom Waterway team and the recent Night Market on Commercial Street. Executive Session 1. Litigation: Hollier v. City of Bellingham (Brady, approx. 5 minutes) Michael Lilliquist / Pinky Vargas moved to authorize the Mayor to enter into a settlement agreement with the following terms: dismissal of the lawsuit and resolution of all claims related thereto for the payment of $22,500.00 to the plaintiff. MOTION CARRIED 7-0. Mayor's Report Standing time for briefings, updates and reports to Council by the Mayor, if needed. Information only. City of Bellingham Regular City Council Meeting Page 5 of 7 9/14/2015 20970 1. Mayor's Appointments to the Mayor's Neighborhood Advisory Commission (Information) Information only. 20971 2. Mayor's Reappointment of Trula Nicholas and Jessica Brown to the Community Development Advisory Board (Information) Information only. 20972 3. Mayor's Reappointment of Alice Shilhanek to the Lake Whatcom Watershed Advisory Board (Approval) Michael Lilliquist / Roxanne Murphy moved to approve the Mayor's reappointment of Alice Shilhanek 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. 20973 1. "A RESOLUTION SETTING THE DATE FOR A PUBLIC HEARING BEFORE THE HEARING EXAMINER FOR CONSIDERATION OF A PETITION TO VACATE A PORTION OF THE SAMISH WAY / 37TH ALLEY SOUTH OF CONSOLIDATION AVENUE ADJACENT TO 105 SAMISH WAY." Res. #2015-16 A RESOLUTION SETTING THE DATE FOR A PUBLIC HEARING BEFORE THE HEARING EXAMINER FOR CONSIDERATION OF A PETITION TO VACATE A PORTION OF THE SAMISH WAY/37TH ALLEY SOUTH OF CONSOLIDATION AVENUE ADJACENT TO 105 SAMISH WAY 20974 2. Authorization of A/P checks issued August 28, 2015 20975 3. Authorization of A/P checks issued September 4, 2015 Roxanne Murphy / Jack Weiss moved to approve the Consent Agenda in its entirety. MOTION CARRIED 7-0. Adjournment There being no further business, the meeting adjourned at 8:20 p.m. City of Bellingham Regular City Council Meeting Page 6 of 7 9/14/2015 ____________________________________________ Gene Knutson, Council President ____________________________________________ ATTEST: Elisabeth A. Oakes, City Clerk Representative APPROVED: 9/28/2015 City of Bellingham Regular City Council Meeting Page 7 of 7 9/14/2015

Agenda

City of Bellingham City Council Regular Meeting Agenda 09/14/2015, 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. The following items are heard in the Regular Meeting only: Call to Order Announcements & Upcoming Meetings: Bellingham City Council meets all requirements of the State of Washington Open Meetings Act. Pledge of Allegiance Roll Call 15-Minute Public Comment Period The following are heard in both Committee sessions and Regular Meeting in order below: Council Standing Committee Meetings: Open to the public to attend. Note: there is generally no public comment period for Committee sessions. Standing Committee Members receive reports and information, ask questions and, when appropriate, vote on a recommended action for consideration by the full Council at the Regular Meeting. The notice of Committee Meetings identified below also serves as notice of Special Meetings of the City Council at the times identified, as Council Members who are not members of the Committee routinely attend and participate in the Committee Meetings. Committee Chairs give a report of the Committee Meeting at the Regular Meeting in the evening prior to deliberation and formal vote in the order shown below: Public Works / Public Safety 1:00 PM Terry Bornemann, Chair Michael Lilliquist; Roxanne Murphy 20960 1. Woodstock Intersection Improvements, Project # ES-0318, p. 1 Impacts to Sunset Pond Park 1 20961 2. Bid Award for the Lincoln Street Sidewalk Improvements, Bid p. 9 No. 47B-2015 Planning 1:15 PM Jack Weiss, Chair Daniel Hammill; Terry Bornemann 20962 1. A Request from the Bellingham School District (BSD) to p. 13 Initiate the Review Process for an Emergency Amendment to the Bellingham Comprehensive Plan to Incorporate a New Six-Year Capital Facilities Plan Lake Whatcom Reservoir and Natural Resources 1:30 PM Daniel Hammill, Chair Pinky Vargas; Jack Weiss 20905 1. Aquatic Invasive Species Prevention Program Cost Recovery p. 15 Finance and Personnel 1:45 PM Pinky Vargas, Chair Michael Lilliquist; Daniel Hammill 20963 1. An Ordinance Amending the 2015/2016 Adopted Budget p. 18 Increasing Revenue in the Street Fund by $4,000,000 as a Result of $3,500,000 Proceeds from an Intergovernmental Loan and Award of a $500,000 Grant and Appropriating Related Expenditures in the Street Fund AN ORDINANCE AMENDING THE 2015 / 2016 ADOPTED BUDGET INCREASING REVENUE IN THE STREET FUND BY $4,000,000 AS A RESULT OF $3,500,000 PROCEEDS FROM AN INTERGOVERNMENTAL LOAN AND AWARD OF A $500,000 GRANT; APPROPRIATING $4,000,000 FOR STREET LIGHTING SYSTEM IMPROVEMENTS, TRANSFERRING $295,000 FROM STREET FUND RESERVES TO THE GOVERNMENTAL DEBT SERVICES FUND AND APPROPRIATING TRANSFERRED FUNDS FOR DEBT SERVICE PAYMENTS 20964 2. An Ordinance Amending the 2015/2016 Budget Authorizing p. 22 an Interfund Loan of $1,350,000 from the Solid Waste Fund to the Watershed Fund AN ORDINANCE AUTHORIZING AN INTERFUND LOAN OF 2 $1,350,000 FROM THE SOLID WASTE FUND TO THE WATER FUND AND AMENDING THE 2015 / 2016 ADOPTED BUDGET IN THE WATER FUND BY APPROPRIATING $1,350,000 IN THE WATER FUND FOR PRINCIPAL REPAYMENT 20965 3. An Ordinance Approving the Advance Refunding of the p. 27 Outstanding 2006 Water & Sewer Bonds AN ORDINANCE OF THE CITY OF BELLINGHAM, WASHINGTON, AUTHORIZING THE ISSUANCE OF A WATER AND SEWER REVENUE REFUNDING BOND OF THE CITY IN THE PRINCIPAL AMOUNT OF NOT TO EXCEED $4,200,000 TO REFUND OUTSTANDING WATER AND SEWER REVENUE BONDS, MAKE A DEPOSIT TO THE RESERVE ACCOUNT (IF REQUIRED), AND PAY COSTS OF ISSUANCE; DELEGATING AUTHORITY TO APPROVE THE SALE AND FINAL TERMS OF THE BOND; AND RESERVING THE RIGHT TO ISSUE REVENUE REFUNDING BONDS ON A PARITY WITH THE BOND UPON COMPLIANCE WITH CERTAIN CONDITIONS Community and Economic Development 2:05 PM Michael Lilliquist, Chair Roxanne Murphy; Pinky Vargas 20966 1. Economic Development Strategic Action Plan p. 84 20967 2. North State Street Design Concept p. 94 Committee Of The Whole 2:40 PM Gene Knutson, Chair Jack Weiss; Daniel Hammill; Michael Lilliquist; Terry Bornemann; Pinky Vargas; Roxanne Murphy 20968 1. Presentation of Mental Health Court and Behavioral Court p. 95 20969 2. Consideration of the Consent Decree for the Eldridge p. 96 Municipal Landfill Site 20959 3. Discussion of City of Bellingham Proposed Jail Facility Use p. 157 Agreement 4. Approval of Minutes 5. Old/New Business 3 Executive Session 3:25 PM Closed to the public. Report in the Regular Meeting only: 1. Litigation: Hollier v. City of Bellingham (Brady, approx. 5 minutes) Mayor's Report Standing time for briefings, updates and reports to Council by the Mayor, if needed. Information only. 20970 1. Mayor's Appointments to the Mayor's Neighborhood p. 188 Advisory Commission (Information) 20971 2. Mayor's Reappointment of Trula Nicholas and Jessica Brown p. 190 to the Community Development Advisory Board (Information) 20972 3. Mayor's Reappointment of Alice Shilhanek to the Lake p. 191 Whatcom Watershed Advisory Board (Approval) 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. 20973 1. A Resolution Setting the Date for a Public Hearing Before the p. 192 Hearing Examiner for Consideration of a Petition to Vacate a Portion of the Samish Way/37th Alley South of Consolidation Avenue Adjacent to 105 Samish Way A RESOLUTION SETTING THE DATE FOR A PUBLIC HEARING BEFORE THE HEARING EXAMINER FOR CONSIDERATION OF A PETITION TO VACATE A PORTION OF THE SAMISH WAY/37TH ALLEY SOUTH OF CONSOLIDATION AVENUE ADJACENT TO 105 SAMISH WAY 20974 2. Authorization of A/P checks issued August 28, 2015 p. 196 20975 3. Authorization of A/P checks issued September 4, 2015 p. 197 Adjournment 4 Agenda Information: Council Committee and Regular Meeting agendas and agendas packets, which contain the supporting documentation for agenda items, are available to the public Wednesday afternoon prior to the meeting. They are posted at www.cob.org/meetings on the Bellingham web site. A hard copy of the agenda packet is available for review from the reference desk at the Central Library or the Finance office at City Hall. Live Broadcast Information: The Bellingham City Council Committee Meetings are broadcast live on BTV10 at the times listed on the Agenda. Committee session start times between 1:00 PM and 5:00 PM are estimated. A specific Committee may start later than the time published but will not begin earlier than its published time. The meetings are also streamed live on the internet as they occur. BTV10 programming is available 24/7 to anyone with a computer and high-speed internet access. On-line viewers will see exactly what Comcast cable customers would see on Channel 10, without the need for cable television service. The Bellingham Public Library also has DVD’s available for checkout. Video and audio files are available on the Internet at http://www.cob.org within 5 business days following each meeting. BTV10 Council Meeting Rebroadcast Schedule: Tues. 12 PM: Repeat broadcast of Monday afternoon Committee meetings Tues. 7 PM: Repeat broadcast of Monday night regular meeting Wed. 8 AM: Repeat broadcast of Monday night regular meeting Sat. 12 PM: Repeat broadcast of Monday afternoon Committee meetings Sat. 7 PM: Repeat broadcast of Monday night regular meeting Accessibility: The Council Chambers is fully accessible. Elevator access to the second floor is available at City Hall’s west entrance. Hearing assistance is available and a receiver may be checked out through the clerk prior to the evening session. For additional accommodations, persons are asked to contact the Legislative Assistant at 778-8200 in advance of the meeting. Thank you. Next City Council Meeting 09/28/2015 Deadline to submit material for the public hearing for inclusion in the published agenda packet is 10:00 a.m. on Wednesday prior to the meeting. 5

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