City Council - Regular Meeting

City of Bellingham City Council Regular Meeting Minutes 09/28/2015, 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. 1. On Monday, October 5th at 7:00 PM, the City Council will host a Public Hearing to take public comment regarding potential Bellingham City Council action with respect to Whatcom County ballot measures Propositions 1, 2, 3, and 9. 2. On Monday, October 26th at 7:00 PM, the City Council will hold a Public Hearing on the consideration of a petition to annex approximately 163.5 acres into the City of Bellingham. Pledge of Allegiance Led by Phyllis McKee 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: City of Bellingham Regular City Council Meeting Page 1 of 8 9/28/2015  15-Minute Public Comment Period Beatrice Pogin, spoke about homelessness in the city. She would like to see the City and County get together to form a citizen review board for services that help the homeless. Faith Rashidi, addressed the lack of housing in the City and feels there is no regulation for property management companies. Yoshe Revelle, discussed the lack of restroom availability in Maritime Heritage Park. He feels that by closing the restrooms it neglects the needs of the homeless. Jonathan Hopkins, Operations Manager for Uber addressed the TNC and amendments from the resolution that was passed earlier today by Council [AB 20981]. He clarified that the background checks Uber perform use background vendors that are accredited through the National Association of Background Check Screeners. The vendors retrieve information from a consumer report database that goes back 7 years. Based on state law, the search is limited to obtaining information only as far back as 7 years. Jonathan also reported that Uber would also like to meet with staff to discuss the insurance responsibility of TNCs and those driving the vehicles because the wording may not be compliant with the State law. Finally, Uber would like to address the penalties for drivers that are found to be driving, though not an approved driver, these penalties may be overly punitive to For-Hire Drivers. Wendy Harris, opposed the Economic Development Strategic Action Plan [AB 20966]. She felt the plan is being implemented at the cost of the public. Presentation 20976 1. Mount Baker Theatre Annual Report and Operations Update Brad Burdick from Mount Baker Theatre gave annual report. Information only. Public Hearing 20977 1. Public Hearing on the Adoption of an Emergency Ordinance Extending and Renewing Interim Zoning Regulations for the Establishment of Facilities Producing, Processing and Retailing Recreational Marijuana City of Bellingham Regular City Council Meeting Page 2 of 8 9/28/2015  "AN ORDINANCE OF THE CITY OF BELLINGHAM, WASHINGTON, RELATING TO LAND USE AND ZONING; DECLARING AN EMERGENCY; ADOPTING AND RENEWING INTERIM ZONING REGULATIONS FOR THE SITING, ESTABLISHMENT, AND OPERATION OF ANY STRUCTURES OR USES RELATING TO THE PRODUCTION, PROCESSING, OR RETAILING OF RECREATIONAL MARIJUANA (SPECIFICALLY EXCLUDING MEDICAL MARIJUANA OR MEDICAL CANNABIS); AND SETTING SIX MONTHS AS THE EFFECTIVE PERIOD OF THE INTERIM ZONING TO ALLOW CITIZENS TO APPLY FOR LICENSES FROM THE WASHINGTON STATE LIQUOR CONTROL BOARD TO PRODUCE, PROCESS, OR RETAIL RECREATIONAL MARIJUANA IN THE CITY WHILE THE CITY STUDIES THE LAND USE IMPACTS OF SUCH USES." Council President Knutson opened the public hearing. Public comment was taken. There being no further comments, the public hearing was closed. Deputy City Attorney Alan Marriner read amendments to the ordinance. Terry Bornemann / Dan Hammill moved approval of the amended ordinance. MOTION CARRIED 7-0 and was thereafter named Emergency Ordinance #2015-09-040. Public Works / Public Safety 20978 1. Noise Variance Request from Washington State Department of Transportation for Interstate 5 Paving and Guardrail Work Terry Bornemann / Roxanne Murphy moved approval of the Noise Variance Request. MOTION CARRIED 7-0. 20979 2. Report on the August 29, 2015, Windstorm and Discussion of Undergrounding Power Distribution Lines Information only. A representative from Puget Sound Energy will return at a later date to address in detail some of the Committee's concerns regarding power outages. Lake Whatcom Reservoir and Natural Resources 20980 1. Report from the September 21, 2015, Lake Whatcom Policy Group Meeting Information only. Dan Hammill presented. In designing a program for performance measures, the group asked questions such as: "Who is the audience? The public, city staff or both? What is the purpose of the display indicators?" Staff will develop some City of Bellingham Regular City Council Meeting Page 3 of 8 9/28/2015  prototype measure displays to illustrate different ways of presenting the program measures and will make this available to the policy group members at a future date. The next policy group meeting will be October 5th when City staff will be bring back the discussion of options as suggested by City Council for greater cost recovery in the AIS program. Community and Economic Development 20966 1. Economic Development Strategic Action Plan Gene Knutson / Roxanne Murphy moved to approve the Economic Development Strategic Action Plan. MOTION CARRIED 7-0. Committee Of The Whole 20981 1. Ordinance Adding Transportation Network Companies to the Bellingham Municipal Code Staff brought forth recommendations based on the current state law that limits background checks to 7 years. Michael Lilliquist moved to keep the 10-year amendment to the draft ordinance. MOTION FAILED 1-6. Murphy, Bornemann, Vargas, Hammill, Knutson and Weiss opposed. Deputy City Attorney, Alan Marriner, read the amendments of the ordinance into the record. Terry Bornemann / Roxanne Murphy moved approval for first and second reading. MOTION CARRIED 5-2. Jack Weiss and Michael Lilliquist opposed. 20982 2. Resolution Extending the Designation BTV10 as a Public-Access "P", Educational "E" and Government "G" Channel through 2016 Terry Bornemann / Jack Weiss moved final approval of Resolution #2015-17. MOTION CARRIED 7-0. 20992 3. Discussion of 2016 Legislative Agenda Michael Lilliquist / Dan Hammill moved to recommend adding long-term restoration from rail accidents to the agenda. MOTION CARRIED 7-0. City of Bellingham Regular City Council Meeting Page 4 of 8 9/28/2015  Jack Weiss / Terry Bornemann moved to recommend supporting Gov. Jay Inslee's Climate Action Plan to the agenda. MOTION CARRIED 7-0. 4. Approval of Minutes Terry Bornemann / Roxanne Murphy moved approval of the September 14, 2015 minutes of the regular City Council meeting as submitted. MOTION CARRIED 7-0. 5. Old/New Business Terry Bornemann hopes the proposal the City sent over to the County addressing the Jail Facility Use Agreement will be considered. Executive Session - Report & Action only. 1. Potential Litigation Staff provided information on a potential litigation matter. Direction given. No action taken. Mayor's Report Standing time for briefings, updates and reports to Council by the Mayor, if needed. Information only. Mayor Linville congratulated the Public Works department on opening the Chestnut Street Bridge earlier than anticipated. 20983 1. Mayor's Appointment of McKenzie Dent to the Mayor's Neighborhood Advisory Commission (Information) Information only. 20984 2. Mayor's Appointment of Sara Holliday to the Tourism Commission (Information) Information only. 20985 3. Mayor's Appointment of Jeremy Ferrera to the Bellingham Sister Cities Board (Information) Information only. City of Bellingham Regular City Council Meeting Page 5 of 8 9/28/2015  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. 20986 1. Bid Award for Valves; Gate, Tapping, Check and Tapping Sleeves, Bid Number 55B-2015 20987 2. Budget Amendment to Allow for the Receipt and Spending of a Grant from United States Department of Homeland Security/2014 Operation Stone Garden in the Amount of $8,640 20988 3. Department of Commerce Energy Efficiency Grant Award 20989 4. Authorization of Payroll labor cost payments dated August 26, 2015 - September 10, 2015 20990 5. Authorization of A/P checks issued September 11, 2015 20991 6. Authorization of A/P checks issued September 18, 2015 Roxanne Murphy / Terry Bornemann moved approval of the Consent Agenda in its entirety. MOTION CARRIED 7-0. Final Consideration of Ordinances 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 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 Jack Weiss / 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 City of Bellingham Regular City Council Meeting Page 6 of 8 9/28/2015  NAYS: EXCUSED: MOTION CARRIED 7-0 and was thereafter named Ordinance #2015-09-037. 20964 2. An Ordinance Amending the 2015/2016 Budget Authorizing an Interfund Loan of $1,350,000 from the Solid Waste Fund to the Watershed Fund 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 Terry Bornemann / Pinky Vargas 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 #2015-09-038. 20965 3. An Ordinance Approving the Advance Refunding of the 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. 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: City of Bellingham Regular City Council Meeting Page 7 of 8 9/28/2015  AYES: BORNEMANN, HAMMILL, KNUTSON, LILLIQUIST, MURPHY, VARGAS, WEISS NAYS: EXCUSED: MOTION CARRIED 7-0 and was thereafter named Ordinance #2015-09-039 Adjournment There being no further business, the meeting adjourned at 8:39 PM. ___________________________________________ Gene Knutson, Council President ___________________________________________ ATTEST: Elisabeth A. Oakes, City Clerk Representative APPROVED: 10/12/2015 City of Bellingham Regular City Council Meeting Page 8 of 8 9/28/2015