City Council - Regular Meeting

City of Bellingham City Council Regular Meeting Minutes 11/09/2015, 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: 1. On Monday, November 16th, at 7:00 PM in the City Council Chambers, the City Council will host a public hearing on the City of Bellingham's 2015-2016 mid-biennial budget modifications 2. On Monday, November 16th at 7:00 PM in Council Chambers, the City Council will host a public hearing on the consideration of amendments to the Bellingham Comprehensive Plan to incorporate the Bellingham School District's new 2015-2016 Capital Facilities Plan 3. On Monday, November 16th at 7:00 PM in Council Chambers, the City Council will host a public hearing on an ordinance amending Chapter 17.82 regarding special property tax valuations for multifamily development in urban centers Bellingham City Council meets all requirements of the State of Washington Open Public Meetings Act. Pledge of Allegiance Led by Council Member Knutson. City of Bellingham Regular City Council Meeting Page 1 of 9 11/9/2015  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 Dick Conoboy, gave a commentary regarding expressing thanks to Veterans. Ellyn Lee, addressed the need for a reminder of guidelines and hazards to commuters and drivers of Whatcom Transit Authority (WTA). Brooks Anderson, thanked the Council for standing firm on the sales tax proposal to fund the new jail facility. She urged the Council to look into banning the use of pesticides and herbicides within the City limits. Charles Law, suggested that there is a lack of wildlife diversity in the Bellingham urban trail system. Everett Barton, expressed gratitude that the sales tax for the jail facility funding did not pass in the last election. He encouraged the Council to think creatively for use of the existing jail. Greg Stern, physician, serves as the Whatcom County Health Officer, urged the Council to adopt the smoking ban in the City parks. He feels that as prohibitions to public smoking become more common, the use of tobacco will become less. Todd Sheehan, business owner in Bellingham, spoke against the mandatory sick leave ordinance. Joy Gilfillan, thanked the council for looking into jail alternatives. Eric Scott, expressed his support of the Parks smoking ban. Irene Morgan, founder of the Restorative Community Coalition, thanked the Council for rejecting the County's jail facility use agreement. She is particularly thankful for the jail plan that will include jail alternatives. She invited Council to attend a meeting on City of Bellingham Regular City Council Meeting Page 2 of 9 11/9/2015  November 18th, 2015 at 5:30 p.m. at the N. Garden Street Methodist Church to share ideas for jail alternatives. Tom May, affirmed the proposed ordinance to ban smoking in the City Parks. Public Hearing 21027 1. Public Hearing on the Proposed Assumption of the Rights, Powers, Functions, and Obligation of the Transportation Benefits District (TBD) by the City of Bellingham Brian Henshaw, Finance Director, gave a presentation on the TBD. Council President Knutson opened the public hearing. Charles Law, spoke in favor of the agenda item. There being no further comments, the public hearing was closed. Roxanne Murphy/Pinky Vargas moved to approve the proposed assumption of the functions of the TBD. MOTION CARRIED 7-0. 21028 2. Public Hearing on the City's Proposed Update to its Critical Area Ordinance (CAO), BMC 16.55 AN ORDINANCE AMENDING MULTIPLE SECTIONS OF THE CITY'S CRITICAL AREAS ORDINANCE (BMC 16.55) IN ORDER TO INCORPORATE STATE REQUIRED UPDATES, IMPROVE PROTECTION OF CERTAIN WETLANDS AND IMPROVE CLARITY AND THE EFFICIENCY OF ADMINISTERING THE REGULATORY PROVISIONS AND TWO AMENDMENTS TO THE CITY'S ADMINISTRATION OF DEVELOP REGULATIONS (BMC 21.10) IN ORDER TO EXTEND THE TIMELINES OF CERTAIN CRITICAL AREA PERMITS AND TO INCLUDE MINOR CRITICAL AREA PERMITS AND OTHER DIRECTOR DECSIONS ISSUED UNDER BMC 16.55 AS "TYPE I" LAND USE DECISIONS Steve Sundin, Planner II, and Kim Weil, Planner II gave a presentation on updates to the CAO. Council President Knutson opened the public hearing. Wendy Harris, asked the Council to defer their decision on the ordinance until staff can establish higher standards for protecting the environment. City of Bellingham Regular City Council Meeting Page 3 of 9 11/9/2015  Wendy Steffensen, requested the Council consider a comprehensive way to enact performance measures that would accurately determine the status of critical areas, rather than use statutory laws for protecting the areas. Linda Twitchell, of the Building Industry Association, would like to avoid the requirement for mitigation and the fee for permitting in the area's wetlands. She feel it would help to build affordable houses. Charles Law, disagreed with the ordinance. Joy Gilfilen, felt the ordinance is only meeting state regulations. She would like to see more comprehensive performance measures to monitor the status of wetlands in the community. Council President Knutson directed the ordinance back to the Planning Committee for further discussion. There being no further comments, the public hearing was closed. The written record will remain open until a final decision, per Resolution #2013-09. Planning 21010 1. Consideration of the E. Bakerview Road / Mt. Baker Highway Annexation AN ORDINANCE RELATING TO THE ANNEXATION OF APPROXIMATELY 163.5 ACRES OF UNINCORPORATED PROPERTY LOCATED ADJACENT TO THE NORTHERN BOUNDARY OF THE BELLINGHAM CITY LIMITS AND COMMONLY KNOWN AS THE E. BAKERVIEW ROAD/MT. BAKER HIGHWAY ANNEXATION; ASSIGNING CITY LAND USE AND ZONING DESIGNATIONS AND ESTABLISHING AN EFFECTIVE DATE Staff presented an amendment to the annexation ordinance to allow drive - through establishments under limited circumstances in Area 27 of the Barkley Neighborhood. Jack Weiss/Roxanne Murphy moved for first and second reading as amended. MOTION CARRIED 7-0. Parks and Recreation 21029 1. Proposed Ordinance for a Smoking Ban in City Parks AN ORDINANCE OF THE CITY OF BELLINGHAM AMENDING CHAPTER 8.16 OF THE BELLINGHAM MUNICIPAL CODE, SMOKING IN PUBLIC PLACES, TO INCLUDE PARKS AND TRAILS AND TO INCLUDE ELECTRONIC SMOKING DEVICES City of Bellingham Regular City Council Meeting Page 4 of 9 11/9/2015  Jack Weiss/Roxanne Murphy moved to amend the ordinance to include a provision to establish a review deadline of December 31, 2016. At that time, the ordinance shall be reviewed for further changes, if necessary. MOTION CARRIED 7-0. Jack Weiss/Roxanne Murphy moved approval for first and second reading as amended. MOTION CARRIED 6-1. Terry Bornemann opposed. Lake Whatcom Reservoir and Natural Resources 21030 1. Report from the November 2, 2015 Lake Whatcom Policy Group Meeting Information only. Finance and Personnel 21031 1. Inter-local Agreement Between the Bellingham Housing Authority and the City of Bellingham Pinky Vargas/Michael Lilliquist moved to authorize the Mayor to enter into an inter- local agreement between the Bellingham Housing Authority and the City of Bellingham Police Department. MOTION CARRIED 7-0. Community and Economic Development 21026 1. Discussion of a Possible Paid Sick Leave Program for Bellingham Michael Lilliquist/Dan Hammill moved to direct Council to draft a resolution to present to the State Legislature for consideration of a state wide Paid Sick Leave law. MOTION CARRIED 7-0. Committee Of The Whole 21032 1. A Resolution by the City Council of Bellingham, Washington Making a Declaration of Substantial Need for the Purposes of Setting the Limit Factor for the 2016 Property Tax Levy A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELLINGHAM, WASHINGTON MAKING A DECLARATION OF SUBSTANTIAL NEED FOR PURPOSES OF SETTING THE LIMIT FACTOR FOR THE PROPERTY TAX LEVY FOR 2016 Gene Knutson/Roxanne Murphy moved final approval of Resolution #2015-23. MOTION CARRIED 7-0. City of Bellingham Regular City Council Meeting Page 5 of 9 11/9/2015  21033 2. 2016 Property Tax Levy Ordinance AN ORDINANCE OF THE CITY OF BELLINGHAM, WASHINGTON RELATING TO THE LEVYING OF TAXES AND ESTABLISHING THE AMOUNT TO BE RAISED IN 2016 ON THE ASSESSED VALUATION OF THE PROPERTY WITHIN THE CITY Gene Knutson/Dan Hammill moved approval for first and second reading. MOTION CARRIED 7-0. 21034 3. Resolution Setting the 2016 City Council Meeting Schedule A RESOLUTION FIXING THE TIMES AND DATES OF THE 2016 REGULAR MEETINGS OF THE BELLINGHAM CITY COUNCIL BEGINNING JANUARY 4, 2016 Gene Knutson/Michael Lilliquist moved final approval of Resolution #2015-24. MOTION CARRIED 7-0. 21035 4. A Resolution Regarding the Korean War Children's Memorial in Big Rock Garden Park RESOLUTION REGARDING THE KOREAN WAR CHILDREN'S MEMORIAL IN BIG ROCK GARDEN PARK, BELLINGHAM, WASHINGTON Terry Bornemann presented amendments to the resolution that included adding the word "Garden" after Big Rock in the third paragraph and adding "Korean War Children's Memorial in" following the Be It Resolved clause. Gene Knutson/Terry Bornemann moved final approval of Resolution #2015-25 as amended. MOTION CARRIED 7-0. 5. Approval of City Council Committee and/or Special Meeting Minutes Michael Lilliquist/Pinky Vargas moved approval of the October 26, 2015 minutes of the regular City Council meeting as submitted. MOTION CARRIED 7-0. Dan Hammill/Michael Lilliquist moved approval of the November 4, 2015 minutes of the Special City Council meeting as submitted. MOTION CARRIED 7-0. 6. Old/New Business Council President Knutson reported that after the jail tax went to voters and failed, the County Sheriff and City Staff have several meetings planned for the rest of the year. City of Bellingham Regular City Council Meeting Page 6 of 9 11/9/2015  Council Member Bornemann announced that at 8:30, Monday, November 16th, 2015, there will be a ceremony to unveil the name change of Indian Street to Billy Frank Jr., Street. It will take place at the corner of Laurel and Indian Street by the edge of Laurel Park. Council Member Vargas stated that the Energy Fair 11:00 - 2:00 pm will take place at City Hall in the atrium, on Tuesday, November 10th, 2015. Council Member Weiss discussed a recent article that acknowledged the reuse of the old Granary Building. He spoke against the practice of tearing down old buildings. He would like to see buildings remodeled by local laborers. 21036 7. Work Session on the 2016 Supplemental Budget Modifications Information only. Executive Session - Report and Action only 1. Labor Relations Staff provided information on the ratification of the Bellingham Police Guild Collective Bargaining Agreement for 2014 - 16. Dan Hammill/Terry Bornemann moved to approve the agreement with the following general terms: Wages:  2% January 1, 2014  2% January 1, 2015  2% January 1, 2016 Additional Pay Items:  Adjustments to Special Assignment Pay o Increased Officer in Charge of Hazardous Devices/Materials to 3% o Increased Canine Master Trainer to 6% o Added SWAT Sergeant premium to 3% MOTION CARRIED 7-0. 2. Labor Relations Staff provided information on the ratification of the AFSCME 114 Collective Bargaining Agreement for 2015 - 17. City of Bellingham Regular City Council Meeting Page 7 of 9 11/9/2015  Roxanne Murphy/Dan Hammill moved to approve the agreement with the following general terms: Wages:  2% January 1, 2015  3% January 1, 2016  2% January 1, 2017  0.5% July 1, 2017 Benefits: The 2015 employer and employee contributions will remain the same as implemented on 1/1/2015. In 2016, the employer contribution is capped at a 5% increase above the 2015 employer contribution for Group Health. MOTION CARRIED 7-0. Mayor's Report Standing time for briefings, updates and reports to Council by the Mayor, if needed. Information only. 21037 1. Mayor's Reappointment of Kathy Washatka to the Civil Service Commission (Approval) Terry Bornemann/Roxanne Murphy moved approval to reappoint Kathy Washatka to the Civil Service Commission. 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. 21038 1. Authorization of A/P checks issued October 23, 2015 21039 2. Authorization of A/P checks issued October 30, 2015 21040 3. Approval for City to Enter into a Grant Agreement WQC-2016-BellPW- 00112 with the Washington State Department Ecology for the Provision of Vactor Services 21041 4. Approval for City to Enter into a Grant Agreement # WQC-2016-00108 with the Department of Ecology for the E. North St. Phosphorus Reduction Retrofit Project City of Bellingham Regular City Council Meeting Page 8 of 9 11/9/2015  21042 5. Approval for City to Enter into Department of Ecology Grant Agreement # WQC-2016-BellPW-00111 for 2016 Operations Stormwater Retrofit Project # EV-0142 21043 6. Approval for City to Enter into Department of Ecology Grant Agreement WQC-2016-BellPW-00113 for 2016 Main Replacements Water Quality Grant, Project # EV-120/130 21044 7. Authorization of Payroll labor cost payments dated October 10, 2015 - October 23, 2015 Roxanne Murphy/ Terry Bornemann moved approval of the Consent Agenda in its entirety. MOTION CARRIED 7-0. Adjournment There being no further business, the meeting adjourned at 9:17 PM ____________________________________________ Gene Knutson, Council President ____________________________________________ ATTEST: Elisabeth A. Oakes, City Clerk Representative APPROVED: 11/16/2015 City of Bellingham Regular City Council Meeting Page 9 of 9 11/9/2015