City Council - Regular Meeting

City of Bellingham City Council Regular Meeting Minutes 10/12/2015, 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: On October 26th at 7:00 PM in Council Chambers, there will be a Public Hearing to consider a petition to annex approximately 163.5 acres of land. On October 26th at 7:00 PM in Council Chambers, there will be a Public Hearing on the City of Bellingham's 2016 Revenue Forecast including property tax levy. On November 9th at 7:00 PM in Council Chambers, there will be a Public Hearing on a periodic update to the City's Critical Areas Ordinance. Bellingham City Council meets all requirements of the State of Washington Open Public Meetings Act. Pledge of Allegiance Led by Western Washington University Journalism Class. 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 7 10/12/2015  15-Minute Public Comment Period Mitchel Matthews, Senior Manager of Operations at Uber, addressed three items with respect to the proposed ordinance (AB 20981). Uber would like to find a more amendable solution to the penalties outlined in the ordinance. Uber is in agreement with the background check requirements put forth in the ordinance. With respect to the insurance requirement, he reported that Uber proposed changing the wording in the ordinance to reflect the intent of S.B. 5550 that permits the TNC and/or the TNC driver to maintain insurance. Mr. Matthews provided the Council with a written example of the proposed changes. The amendment included the word "/or" after "and." Jim Cunningham, reported he is a taxi driver that works in Seattle. He lives in Bellingham and is very interested in working with Uber because they have come to Bellingham. He reported Uber works very well. Wendy Harris, requested that the staff schedule a couple work sessions prior to the Public Hearing on the Critical Areas Ordinance BMC 16.55 that is scheduled for November 9, 2015. Presentation 20994 1. Mayor's Presentation of 2016 Supplemental Budget Mayor Linville presented a report on mid-biennial budget modifications. Information only. Public Hearing 20995 1. Public Hearing to Declare Certain Real Property at 301 & 315 N. Samish Way Surplus to the City of Bellingham Council President Knutson opened the public hearing. Darby Cowles, Senior Planner, presented information on 301 & 315 N. Samish Way. Public comment was taken. There being no further comments, the public hearing was closed. Roxanne Murphy/Terry Bornemann moved final approval of Resolution #2015-18. MOTION CARRIED 7-0. City of Bellingham Regular City Council Meeting Page 2 of 7 10/12/2015  20996 2. Public Hearing to Declare Certain Real Property at 315 W. Holly Street Surplus to the City of Bellingham Tara Sundin, Economic Development Manager, gave an overview of the property at 315 W. Holly Street. Council President Knutson opened the public hearing. Wendy Harris, gave comment that she would like to see the property turned into affordable housing. She is opposed to open development of 315 W. Holly St., because of the rail that goes through the area and it is seismically active. Paul Schissler, commented on the N. Samish St. property. He would like to see an RFP for community housing and affordable housing. There being no further comments, the public hearing was closed. Roxanne Murphy/Terry Bornemann moved final approval of Resolution #2015-19. MOTION CARRIED 7-0. Public Works / Public Safety 20997 1. New City Bikeway Markings Information only. 20998 2. Bellingham Fire Department Recruit Academy Information only. 20999 3. Bid Award for City Hall Accessibility Renovations, Bid #53B-2015 Terry Bornemann/Roxanne Murphy moved to award Bid No. 53B-2015 for City Hall Accessibility Renovations to Tiger Construction of Everson 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 $163,050.00, which includes any applicable WSST. MOTION CARRIED 7-0. Lake Whatcom Reservoir and Natural Resources 21000 1. Report from the October 5, 2015, Lake Whatcom Policy Group Meeting Information only. City of Bellingham Regular City Council Meeting Page 3 of 7 10/12/2015  Finance and Personnel 21001 1. An ordinance amending the 2015/2016 adopted budget increasing revenue in the General Fund by $54, 835.00 for a 2014 FEMA assistance to Firefighters Grant Award for Vehicle Extrication Equipment "AN ORDINANCE AMENDING THE 2015/2016 ADOPTED BUDGET INCREASING REVENUE IN THE GENERAL FUND BY $54,835.00 FOR A FEMA ASSISTANCE TO FIREFIGHTERS GRANT AWARD, REALLOCATING $5,483.00 IN EXPENDITURES IN THE FIRE DEPARTMENT GENERAL FUND, AND APPROPRIATING $60,318.00 FOR THE PURCHASE OF HEAVY DUTY VEHICLE EXTRICATION TOOLS." Pinky Vargas/Michael Lilliquist moved approval for first and second reading. MOTION CARRIED 7-0. Committee Of The Whole 21002 1. Briefing on the Update to the City's Critical Area Ordinance (BMC 16.55) Information only. 21003 2. Update on Jail Facility Use Agreement Negotiations Council Member Knutson reported there is likely no conclusion to the negotiations before the issue is put to voters. 20993 3. A Resolution Regarding Proposed Whatcom County Charter Amendments RESOLUTION OF THE CITY COUNCIL OF BELLINGHAM REGARDING WHATCOM COUNTY PROPOSITION 1, WHATCOM COUNTY PROPOSITION 2, WHATCOM COUNTY PROPOSITION 3, AND WHATCOM COUNTY PROPOSITION 9 WHICH RELATE TO PROPOSED AMENDMENTS TO THE WHATCOM COUNTY CHARTER Gene Knutson/Michael Lilliquist moved approval of Resolution #2015-20 regarding Whatcom County Proposition 1, Whatcom County Proposition 2, and Whatcom County Proposition 3, which relate to proposed amendments to the Whatcom County Charter. MOTION CARRIED 7-0. City of Bellingham Regular City Council Meeting Page 4 of 7 10/12/2015  Dan Hammill/Roxanne Murphy moved approved of Resolution #2015-21 regarding Whatcom County Proposition 9, which relates to a proposed amendment to the Whatcom County Charter. MOTION CARRIED 4-3. Michael Lilliquist, Terry Bornemann and Gene Knutson opposed. 4. Approval of Minutes Jack Weiss/Roxanne Murphy moved approval of the September 28, 2015, minutes of the regular City Council meeting as submitted. MOTION CARRIED 7-0. 5. Old/New Business Jack Weiss/Terry Bornemann moved to direct staff to make recommendations on Inclusionary Zoning at a later meeting to be determined. MOTION CARRIED 7-0. Executive Session - Report and Action only 1. Potential Litigation Staff provided information on a potential litigation matter involving property located at 2626 Iron Street, Bellingham, Washington. Gene Knutson/Dan Hammill moved to authorize the Legal Department to file a civil nuisance abatement action with respect to this property. MOTION CARRIED 7-0. 2. Potential Property Acquisition Staff provided information on a potential property acquisition. Direction given. No action taken. Mayor's Report Standing time for briefings, updates and reports to Council by the Mayor, if needed. 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. 21004 1. Bid Award for Ductile Iron Fittings, Couplings, Pipe Restraints and Grip Rings; Bid #56B-2015 City of Bellingham Regular City Council Meeting Page 5 of 7 10/12/2015  21005 2. Approve the Washington State Department of Ecology Inter-Agency Agreement to sponsor the Washington Conservation Corps Members to Complete Natural Resource Projects in Whatcom County 21006 3. Authorization of Payroll labor cost payments dated September 11, 2015 - September 25, 2015 21007 4. Authorization of A/P checks issued September 25, 2015 21008 5. Authorization of A/P checks issued October 2, 2015 Roxanne Murphy/Dan Hammill moved approval of the Consent Agenda in its entirety. MOTION CARRIED 7-0. Final Consideration of Ordinances 20981 1. Ordinance Adding Transportation Network Companies to the Bellingham Municipal Code Roxanne Murphy/Terry Bornemann moved to amend section 6.55.070a of the Ordinance to read "and/or" TNC driver. City Attorney, Peter Ruffatto, advised against the amendment because it would not indicate a clear direction for compliance from TNC drivers and would require staff to redraft the ordinance. Roxanne Murphy moved to withdraw the amendment. 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, MURPHY, VARGAS NAYS: LILLIQUIST, WEISS EXCUSED: MOTION CARRIED 5-2 and was thereafter named Ordinance #2015-10-041. 20987 2. An Ordinance amending the 2015/2016 adopted budget recognizing $8,640.00 grant revenue to the Bellingham Police Department General Fund and appropriating $8,640.00 in related expenditures 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: City of Bellingham Regular City Council Meeting Page 6 of 7 10/12/2015  AYES: BORNEMANN, HAMMILL, KNUTSON, LILLIQUIST, MURPHY, VARGAS, WEISS NAYS: EXCUSED: MOTION CARRIED 7-0 and was thereafter named Ordinance 2015-10-042. Adjournment There being no further business, the meeting adjourned at 8:25 p.m. ____________________________________________ Gene Knutson, Council President ____________________________________________ ATTEST: Elisabeth Oakes, City Clerk Representative APPROVED: 10/26/2015 City of Bellingham Regular City Council Meeting Page 7 of 7 10/12/2015