City Council - Regular Meeting

City of Bellingham City Council Regular Meeting Minutes 12/07/2015, 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 Meetings Act. Pledge of Allegiance Led by Council President 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 Bob Marshall, objected to the Council referring the Paid Sick and Safe Leave ordinance to the State Legislature (AB #21065). Kathleen Austad, presented over 600 signed postcards in support of the Paid Sick and Safe Leave ordinance (AB #20886). She expressed her disappointment that City of Bellingham Regular City Council Meeting Page 1 of 12 12/7/2015  the Council had chosen to send the issue to the State Legislature for consideration as a state law rather than a city ordinance (AB #21065). Betsy Pernotto, co-chair of Jobs of Justice, commended Council Member Murphy for introducing legislation to implement a Paid Sick and Safe Leave ordinance in the City. She added that she felt the issue will not become law by sending it to the State Legislature and is disappointed by the Council's resolution on the matter (AB #21065). Larry Hildes, expressed his disapproval of Council's Resolution of the Paid Sick and Safe Leave ordinance (AB #21065). Lane Anliker, member of the Healthy Bellingham Coalition and organizer with SCIU #1199 Northwest, stated he felt the Paid Sick and Safe Leave issue will not be passed at a state level. He expressed disappointment that the Council resolved to send it to the State Legislature (AB #21065). Abe Jacobson, asked the Council not to pass the Resolution for Paid Safe and Sick Leave. He felt it will not help to send the issue to the State Legislature (AB #21065). Catherine Chambers, chair of the Whatcom County Democrats, relayed that they endorsed the issue of Paid Sick and Safe Leave as an ordinance (AB #20886) but are disappointed that the Council chose to refer the issue to the State Legislature (AB #21065). Clarence Homes, urged the Council to pass a Paid Safe & Sick Leave ordinance in the City (AB #20886). Brooks Anderson, commended the process concerning the ordinance for the multi- family tax exemption program (AB #21048). Wendy Harris, urged the Council to direct the staff to review more data and create better performance measures for the study of Critical Areas before passing the Critical Areas Ordinance (CAO) (AB #21028). Public Works / Public Safety 21054 1. An Ordinance of the City of Bellingham, Washington Adopting a Transportation Impact Fee Base Rate and Rate Schedule for 2016 City of Bellingham Regular City Council Meeting Page 2 of 12 12/7/2015  AN ORDINANCE OF THE CITY OF BELLINGHAM, WASHINGTON ADOPTING A TRANSPORTATION IMPACT FEE BASE RATE AND RATE SCHEDULE FOR 2016 Terry Bornemann/Roxanne Murphy moved approval for first and second reading. MOTION CARRIED 7-0. 21055 2. Bid Award for Water Treatment Plant Pretreatment (DAF) Project - Hypochlorite System Equipment, Bid #52B-2015 Terry Bornemann/Pinky Vargas moved to award Bid No. 52B-2015 for Water Treatment Plant Pretreatment (DAF) Project - Hypochlorite System Equipment to Denora of Sugarland, TX, 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 $573,188.00, which includes any applicable WSST. MOTION CARRIED 7-0. Planning 21047 1. A Request from the Bellingham School District to Amend the Bellingham Comprehensive Plan to Incorporate by Reference the District's New 2015-2021 Capital Facilities Plan AN ORDINANCE OF THE CITY OF BELLINGHAM UPDATING THE PUBLIC SCHOOL FACILITY SECTION OF THE CAPITAL FACILITIES CHAPTER OF THE BELLINGHAM COMPREHENSIVE PLAN TO INCORPORATE BY REFERENCE THE BELLINGHAM SCHOOL DISTRICT'S 2015-2021 CAPITAL FACILITIES PLAN AND UPDATING BELLINGHAM'S SCHOOL IMPACT FEE ORDINANCE IN BELLINGHAM MUNICIPAL CODE (BMC) 19.08 TO BE CONSISTENT WITH THE DISTRICT'S NEW CFP Jack Weiss/Dan Hammill moved approval for first and second reading. MOTION CARRIED 6-1. Michael Lilliquist opposed. 21028 2. Consideration of the City's Proposed Update to its Critical Areas Ordinance (CAO), BMC 16.55 Jack Weiss reported that the Committee directed staff to amend the draft ordinance to remove San Juan Boulevard from the Essential Public Facilities section of the plan and resolve multiple Cordata Park definition provisions. The Committee will review the changes to the draft ordinance at a later date. City of Bellingham Regular City Council Meeting Page 3 of 12 12/7/2015  Lake Whatcom Reservoir and Natural Resources 21056 1. Inter-local Agreement Between the City and Western Washington University for the Lake Whatcom Monitoring Project Dan Hammill/Jack Weiss moved approval of the Inter-local Agreement between the City of Bellingham and Western Washington University for the Lake Whatcom Monitoring Project. MOTION CARRIED 7-0. Finance and Personnel 21057 1. 2015 Emergency Management Performance Grant (EMPG) Award Pinky Vargas/Dan Hammill moved approval of the acceptance of the Emergency Management Performance Grant (EMPG) Award. MOTION CARRIED 7-0. Community and Economic Development 21058 1. Special Tax Valuation - Additional Eligible Property Class AN ORDINANCE RELATING TO HISTORIC PRESERVATION, AMENDING THE BELLINGHAM MUNICIPAL CODE (BMC) SECTIONS 17.90.030, 17.90.050, AND 17.90.05.70, TO ADD AN ADDITIONAL PROPERTY CLASS ELIGIBLE FOR SPECIAL TAX VALUATION, AND AMENDING BMC 2.56.050 TO MAKE IT CONSISTENT WITH 8 BMC 17.90.070 AND 17.90.080 Michael Lilliquist/Pinky Vargas moved approval for first and second reading. MOTION CARRIED 7-0. 21059 2. 2012 Housing Levy Fund Status Report Discussing during committee. Information only. 21048 3. Consideration of Amendments to BMC 17.82 Regarding Multi Family Tax Exemption Rick Sepler, Planning and Community Development Director, discussed the amendments to the ordinance. Peter Ruffato, City Attorney, read the changes into the record. Amendments were:  removing the RT-2 portion from the Fairhaven district  removing the effective date of the Fairhaven Urban Village City of Bellingham Regular City Council Meeting Page 4 of 12 12/7/2015  Jack Weiss expressed his opposition to the amendment that specifically removed the RT-2 zone in the Fairhaven District. Michael Lilliquist/Pinky Vargas moved approval as amended for first and second reading. MOTION CARRIED 7-0. Committee Of The Whole 21060 1. Adoption of the 2015-2016 Mid-biennial Budget Modifications Ordinance AN ORDINANCE AMENDING THE 2015 - 2016 BIENNIAL BUDGET, PROVIDING FOR ADOPTION OF THE MID-BIENNIUM ADJUSTMENTS TO THE BIENNIAL BUDGET PURSUANT TO THE TERMS OF RCW 35.34.130. Gene Knutson/Pinky Vargas moved approval for first and second reading. MOTION CARRIED 7-0. 21061 2. Town-Gown Initiative - Developing a Coordinated Approach to Addressing Issues Associated with Off-Campus Housing and Related Behaviors Discussion during committee. Information only. 21062 3. Annexation Agreement with Whatcom County Fire District 4 Gene Knutson/Dan Hammill moved approval of the Annexation Agreement with Whatcom County Fire District 4. MOTION CARRIED 7-0. 21063 4. Update on Jail-related Concerns Information only. More discussion will be scheduled for the meeting on December 14, 2015. 21064 5. An Ordinance Amending Bellingham Municipal Code (BMC) Sections 2.56.060 and 3.16.040 Regarding the Duties of the Hearing Examiner AN ORDINANCE AMENDING BELLINGHAM MUNICIPAL CODE (BMC) SECTIONS 2.56.060 AND 3.16.040 REGARDING DUTIES OF THE HEARING EXAMINER Gene Knutson/Pinky Vargas moved approval for first and second reading. MOTION CARRIED 7-0. City of Bellingham Regular City Council Meeting Page 5 of 12 12/7/2015  21065 6. A Resolution of the Bellingham City Council Calling on the Washington State Legislature to Pass a Paid Sick and Safe Leave Law in 2016 A RESOLUTION OF THE BELLINGHAM CITY COUNCIL CALLING ON THE WASHINGTON STATE LEGISLATURE TO PASS A PAID SICK AND SAFE LEAVE LAW DURING THE 2016 LEGISLATIVE SESSION Council President Knutson read the amendment to the Resolution. It adds:  #8 Allow employees who have accumulated qualified paid sick leave time to use it on the first day of an illness ("first-day" sick leave). Gene Knutson/Pinky Vargas moved final approval of Resolution #2015-27 as amended. MOTION CARRIED 5-2. Jack Weiss/Roxanne Murphy opposed. 7. Approval of Minutes Jack Weiss/Roxanne Murphy moved approval of the November 16, 2015, minutes of the regular City Council meeting as submitted. MOTION CARRIED 7-0. 8. Old/New Business Terry Bornemann emphasized his support for the diversity in the community and the current events at the University in the City. He expressed his support for diversity in the community and on the University campus. Jack Weiss stated he is in support of the work the Public Works Department has undertaken with the updated Climate Action Plan. Executive Session - Report and action only. 1. City Enforcement Action Item was postponed. 2. Labor Negotiations Staff provided information on negotiations regarding five separate collective bargaining agreements, including the following agreements that are presented for Council action. City of Bellingham Regular City Council Meeting Page 6 of 12 12/7/2015  A) The Agreement between the City and AFSCME, Local 114F for 2015 - 2017. Wage Increases: 2% January 1, 2015 3% January 1, 2016 2% January 1, 2017 0.5% July 1, 2017 Benefits: The premium sharing contributions for 2015 shall remain the same as implemented January 1, 2015. In 2016, the employer contribution for health insurance premiums is capped a 5% increase above the employer contribution for Group Health in 2015. The employer contribution for premiums in 2017 will be capped at 5% increase above the employer contribution in 2016. Terry Bornemann/Pinky Vargas moved approval of the ratification. MOTION CARRIED 7-0. B) The agreement between the City and the Teamsters, Local 231 for 2015 - 2017. Wage Increases: 2% January 1, 2015 3% January 1, 2016 2% January 1, 2017 0.5% July 1, 2017 Benefits: The premium sharing contributions for 2015 shall remain the same as implemented January 1, 2015. In January 2016, the employer contribution for health insurance premiums is capped at a 5% increase above the employer contribution for Group Health in 2015. The employer contribution for premiums in 2017 will be capped at a 5% increase above the employer contribution in 2016. Pinky Vargas/Terry Bornemann moved approval of the ratification. MOTION CARRIED 7/0. C) The agreement between the City and the AFSCME, Local 114L for 2015 - 2017. Wage Increases: 2% January 1, 2015 2% January 1, 2016 2% January 1, 2017 0.5% July 1, 2017 Matching Contribution: Effective July 1, 2016 114L will receive up to a 1.5% matching contribution in a 457 plan. City of Bellingham Regular City Council Meeting Page 7 of 12 12/7/2015  Benefits: The premium sharing contributions for 2015 shall remain the same as implemented January 1, 2015. In 2016, the employer contribution for health insurance premiums is capped at a 5% increase above the employer contribution for Group Health in 2015. The employer contribution for premiums in 2017 will be capped at a 5% increase above the employer contribution in 2016. Dan Hammill/Pinky Vargas moved approval of the ratification. MOTION CARRIED 7-0. 3. Potential Litigation Staff provided information on a potential litigation matter. Information only. No action taken. 4. Potential Litigation Staff provided information on a potential litigation matter involving properties located at 2315 Lynn Street and 2512 Lynn Street, Bellingham, Washington. Jack Weiss/Michael Lilliquist moved approval to authorize the Legal Department to file a civil abatement action to pursue demolition of the structures on these properties. MOTION CARRIED 7-0. Mayor's Report Standing time for briefings, updates and reports to Council by the Mayor, if needed. Information only. 21066 1. Mayor's Appointment of Riannon Bardsley to the Bellingham- Whatcom County Commission on Domestic Violence (Information) Information only. 21067 2. Mayor's Reappointment of Tom Slocum and Jasmine Fast to the Greenway Advisory Committee (Approval) Roxanne Murphy/Terry Bornemann moved approval for reappointment. MOTION CARRIED 7-0. 21068 3. Mayor's Reappointment of Michael Reed to the Sehome Hill Arboretum Board of Governors (Information) Information only. City of Bellingham Regular City Council Meeting Page 8 of 12 12/7/2015  21069 4. Mayor's Reappointment of Ed Bennett to the Tourism Commission (Information) Information only. 21070 5. Mayor's Reappointment of Rachel Myers to the Bellingham Public Library Board of Trustees (Approval) Jack Weiss/Roxanne Murphy moved approval for reappointment. 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. 21071 1. An Ordinance of the City of Bellingham, Washington, Assuming the Rights, Powers, Immunities, Functions and Obligations of the Bellingham Transportation Benefit District, as of January 1, 2016, and Abolishing its Governing Board AN ORDINANCE OF THE CITY OF BELLINGHAM, WASHINGTON, ASSUMING THE RIGHTS, POWERS, IMMUNITIES, FUNCTIONS, AND OBLIGATIONS OF THE BELLINGHAM TRANSPORTATION BENEFIT DISTRICT, AS OF JANUARY 1, 2016, AS ALLOWED BY SECOND ENGROSSED SUBSTITUTE SENATE BILL 5987, SECTION 302, AND ABOLISHING THE TRANSPORTATION BENEFIT DISTRICT’S GOVERNING BOARD FOLLOWING ITS ASSUMPTION 21072 2. An Ordinance Closing the Beyond Greenways Fund AN ORDINANCE CLOSING THE BEYOND GREENWAYS FUND 21073 3. Authorization of A/P checks issued November 13, 2015 21074 4. Authorization of A/P checks issued November 20, 2015 21075 5. Authorization of Payroll labor cost payments dated October 24, 2015 - November 10, 2015 21076 6. Authorization of Payroll labor cost payments dated November 11, 2015 - November 25, 2015 City of Bellingham Regular City Council Meeting Page 9 of 12 12/7/2015  21077 7. Washington State Historical Society Grant Award 21078 8. Bid Award for Fire Station #1 Reroof, Bid #58B-2015 21079 9. Inter-local Agreement Bellingham Public Library - Whatcom County Rural Library District Mutual Extension of Borrowing Privileges and Services 21080 10. Inter-local Agreement Bellingham Public Library - Bellingham Technical College Library Establishment and Maintenance of the BTC Connection 21081 11. Inter-local Agreement Bellingham Public Library - Whatcom Community College Library Establishment and Maintenance of the WCC Connection 21082 12. Inter-local Agreement Bellingham Public Library - Western Washington University Library Establishment and Maintenance of the WWU Connection Roxanne Murphy/Terry Bornemann moved approval of the Consent Agenda in its entirety. MOTION CARRIED 7-0. Final Consideration of Ordinances 20936 1. Authorization for the Mayor to enter into an Inter-local Agreement with the Department of Ecology for the Local Source Control Program AN ORDINANCE AMENDING THE 2015/2016 ADOPTED BUDGET, INCREASING REVENUE IN THE STORM AND SURFACE WATER FUND BY $44,702.35 FOR 2015 AND $134,107.03 FOR 2016 AS A RESULT OF A LOCAL SOURCE CONTROL AGREEMENT WITH THE DEPARTMENT OF ECOLOGY, AND PLACING THESE AMOUNTS IN THE ESTIMATED ENDING UNRESERVED BALANCE IN THE STORM AND SURFACE WATER FUND 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, LILLIQUIST, MURPHY, VARGAS, WEISS NAYS: EXCUSED: City of Bellingham Regular City Council Meeting Page 10 of 12 12/7/2015  MOTION CARRIED and was thereafter named Ordinance #2015-12-047. 21049 2. An Ordinance Establishing an Infill Incentive Program Reducing System Development Charges and Permit Fees for Qualifying Projects in Targeted Urban Villages and Amending Titles 14, 15 and 20 of the Bellingham Municipal Code AN ORDINANCE ESTABLISHING AN INFILL INCENTIVE PROGRAM REDUCING SYSTEM DEVELOPMENT CHARGES AND PERMIT FEES FOR QUALIFYING PROJECTS IN TARGETED URBAN VILLAGES AND AMENDING TITLES 14, 15, AND 20 OF THE BELLINGHAM MUNICIPAL CODE. 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 #2015-12-048. 21050 3. An Ordinance Amending Chapter 6.04 of the Bellingham Municipal Code to Establish a Phased Business & Occupations Tax Credit to Incentivize Persons to Open New Businesses or New Branch Locations in Targeted Urban Villages AN ORDINANCE AMENDING CHAPTER 6.04 OF THE BELLINGHAM MUNCIPAL CODE TO ESTABLISH A PHASED BUSINESS AND OCCUPATIONS TAX CREDIT TO INCENTIVIZE PERSONS TO OPEN NEW BUSINESSES OR NEW BRANCH LOCATIONS IN TARGETED URBAN VILLAGES 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 NAYS: EXCUSED: MOTION CARRIED and was thereafter named Ordinance #2015-12-049. City of Bellingham Regular City Council Meeting Page 11 of 12 12/7/2015  Adjournment There being no further business, the meeting adjourned at 8:08 PM. ___________________________________________ Gene Knutson, Council President ___________________________________________ ATTEST: Elisabeth A. Oakes, City Clerk Representative APPROVED: December 14, 2015 City of Bellingham Regular City Council Meeting Page 12 of 12 12/7/2015