City Council - Regular Meeting

City of Bellingham City Council Regular Meeting Minutes 01/25/2016, 7:00 PM Mayor Kelli Linville Contact: (360) 778-8200, ccmail@cob.org Council Members April Barker, 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 Vargas at 7:00 p.m. Announcements & Upcoming Meetings: Bellingham City Council meets all requirements of the State of Washington Open Public Meetings Act. 1. There will be a public hearing regarding the Aloha Motel property redevelopment on Monday, February 8 at 7:00 PM. 2. There will be a public hearing regarding the Army Street property redevelopment on Monday, February 22 at 7:00 PM. 21130 3. Agenda bill #21130, First Addendum to the Interlocal Agreement for Sewer Services Between the City and the Lake Whatcom Water and Sewer District, was moved from the Consent Agenda to the Public Works/Public Safety Committee for discussion. Pledge of Allegiance Led by Council President Vargas. Roll Call Present: April Barker, 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 City of Bellingham Regular City Council Meeting Page 1 of 7 1/25/2016  Excused: 15-Minute Public Comment Period Clayton Petree, reported that the County Council agreed with the City's UGA Planning Commission's recommendations and they slightly expanded the boundaries in two areas. He urged the City Council to look into more options for affordable housing and development within the City and Whatcom County. Carl Weimer, stated that the criminal justice planning in Whatcom County is being discussed at the County Council meeting in February. There will be a set of guiding principles that will be included in the Resolution at the County Council meeting and will be a topic of discussion throughout the year. James Christianson, requested the Council look into creating an ordinance that would require businesses within Bellingham, that provide TV as part of their entertainment, to turn on the closed captioning feature. He reported that the state of Maryland has already passed a law that requires captioning to be enabled in businesses where televisions are being used. Ali Cooper, also addressed the need for closed captioning to be enabled where businesses have TVs on. She pointed out that there may be a storm or a natural disaster and closed captioning is a good way to alert people to the danger. Presentation 21113 1. Check Presentation from Puget Sound Energy to the City for $500,000 for Upgrades at the Waste Water Treatment Plant Information only. Bob Stolarski from Puget Sound Energy presented a check to the City of Bellingham. Planning 21114 1. Consideration of the Draft Adopting Ordinance for the City's Proposed Update to the 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 AMENDING THE CITY'S ADMINISTRATION OF DEVELOPMENT REGULATIONS (BMC 21.10) IN ORDER TO EXTEND THE TIMELINES OF CERTAIN CRITICAL AREA City of Bellingham Regular City Council Meeting Page 2 of 7 1/25/2016  PERMITS AND TO INCLUDE MINOR CRITICAL AREA PERMITS AND OTHER DIRECTOR DECISIONS ISSUED UNDER BMC 16.55 AS "TYPE I" LAND USE DECISIONS Gene Knutson / April Barker moved approval for first and second reading. MOTION CARRIED 7-0. Public Works / Public Safety 21115 1. Bid Award - 2015 Sanitary Sewer Replacement Project, EU-0170, Bid No. 59B-2015 Terry Bornemann / Roxanne Murphy moved to award Bid No. 59B-2015 for Sanitary Sewer Replacement Project to Strider Construction, Inc. of Bellingham, 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 $1,291,745.64, which includes any applicable WSST. MOTION CARRIED 7-0. 21116 2. Bid Award for Commercial Street Parking Garage Upgrades, Bid #72B- 2015 Terry Bornemann / Michael Lilliquist moved to award Bid No.72B-2015 for Commercial Street Parking Garage Upgrades to HB Hansen 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 $451,485.45, which includes any applicable WSST. MOTION CARRIED 7-0. 21117 3. An Ordinance of the City of Bellingham, Washington, Regarding Water Service Installation Fees, Amending Section 15.08.220 of the Bellingham Municipal Code AN ORDINANCE OF THE CITY OF BELLINGHAM, WASHINGTON REGARDING WATER SERVICE INSTALLATION FEES, AMENDING SECTION 15.08.220 OF THE BELLINGHAM MUNICIPAL CODE Terry Bornemann / Roxanne Murphy moved approval for first and second reading. MOTION CARRIED 7-0. 21130 5. First Addendum to the Interlocal Agreement for Sewer Services Between the City and the Lake Whatcom Water and Sewer District Terry Bornemann / Roxanne Murphy moved to authorize the terms of repayment between the City and Lake Whatcom Water and Sewer District. MOTION CARRIED 7-0. City of Bellingham Regular City Council Meeting Page 3 of 7 1/25/2016  Lake Whatcom Reservoir and Natural Resources 21118 1. Presentation to Council Regarding the Squalicum Creek Reroute Project Phase 1 and 2 Information only. 21119 2. Requesting Authorization for the Mayor to Execute the Grant and Loan Agreement Between the City of Bellingham and the State of Washington Department of Ecology for the Squalicum Creek Reroute Water Quality and Biotic Integrity Improvements Phase 3 Project RESOLUTION AUTHORIZING LOAN AGREEMENT BETWEEN THE CITY OF BELLINGHAM AND THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY FOR THE SQUALICUM CREEK REROUTE WATER QUALITY AND BIOTIC INTEGRITY IMPROVEMENTS PHASE 3 Dan Hammill / Gene Knutson moved final approval of Resolution #2016-03. MOTION CARRIED 7-0. 21120 3. Appropriation of Funds From the State of Washington Department of Ecology for the Squalicum Creek Reroute Water Quality and Biotic Integrity Improvements Phase 3 Project AN ORDINANCE AMENDING THE 2016 BUDGET INCREASING REVENUE BY $1,322,507.00 AND APPROPRIATING RELATED EXPENDITURES IN THE STORM AND SURFACE WATER FUND AS A RESULT OF AN INTERGOVERNMENTAL LOAN AND GRANT FROM THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY FOR THE SQUALICUM CREEK REROUTE PROJECT, PHASE 3 Dan Hammill / Roxanne Murphy moved approval for first and second reading. MOTION CARRIED 7-0. 21121 4. Bellingham Habitat Restoration Technical Assessment Information only. Executive Session - Report and action only. 1. Potential Litigation: Claim No. 2015-56, 2015-57, and 2015-58 Staff provided information on three related potential litigation matters. Information only. No action taken. City of Bellingham Regular City Council Meeting Page 4 of 7 1/25/2016  2. Potential Litigation Staff provided information on a potential litigation matter. Direction given. No action taken. Committee Of The Whole 21122 1. Contract for Electronic Home Monitoring with Friendship Diversion Services Information only. 2. Approval of Minutes Gene Knutson / Michael Lilliquist moved approval of the January 11, 2015, minutes of the regular City Council meeting as submitted. MOTION CARRIED 7-0. 3. Old/New Business Roxanne Murphy discussed the need to accommodate the hearing impaired in the community. Dan Hammill reported that staff has looked into the problem of unsolicited newspapers that are delivered to homes in the City. At the present time, there is little that can be done to dissuade the unwelcome delivery of newspapers. Pinky Vargas reported that she will work with staff to draft a Resolution in support of the safety of access to Bellingham Planned Parenthood facility for staff and patients. Mayor's Report Standing time for briefings, updates and reports to Council by the Mayor, if needed. Information only. The Mayor will be participating on a panel concerning homelessness at the AWC conference on Wednesday of this week. On Thursday, there will be a meeting with our legislative delegation where she will discuss the legislative agenda. 21123 1. Mayor's Reappointment of Jeni Cottrell to the Bellingham Arts Commission (Approval) Gene Knutson / Roxanne Murphy moved approval of Jeni Cottrell to the Bellingham Arts Commission. MOTION CARRIED 7-0. City of Bellingham Regular City Council Meeting Page 5 of 7 1/25/2016  21124 2. Mayor's Reappointment of Robert Hendricks and Izaac Post to the Citizens' Transportation Advisory Group (Information) Information only. 21125 3. Mayor's Reappointment of Dick Skeers to the Public Works Advisory Board (Information) 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. 21126 1. Interlocal Agreement Between the City of Bellingham and the Port of Bellingham for Mutual Use of Facilities 21127 2. 2016 Interlocal Agreement with the City of Lynden for Use of Bellingham's Vactor Waste Transfer Facility 21128 3. 2016 Interlocal Agreement with Whatcom County for Use of Bellingham's Vactor Waste Transfer Facility 21129 4. 2016 Interlocal Agreement with the Washington State Department of Transportation for Use of Bellingham's Vactor Waste Transfer Facility 21130 5. First Addendum to the Interlocal Agreement for Sewer Services Between the City and the Lake Whatcom Water and Sewer District This item was moved to the Public Works/Public Safety Committee for discussion. 21131 6. Authorization of Payroll labor cost payments dated December 24, 2015 - January 8, 2016 21132 7. Authorization of A/P checks issued January 8, 2016 21133 8. Authorization of A/P checks issued January 15, 2016 Roxanne Murphy / Gene Knutson moved approval of the Consent Agenda in its entirety. MOTION CARRIED 7-0. Adjournment City of Bellingham Regular City Council Meeting Page 6 of 7 1/25/2016  There being no further business, the meeting was adjourned at 7:46 pm. Pinky Vargas, Council President ATTEST: Elisabeth Oakes, City Clerk Representative APPROVED: February 8, 2016 City of Bellingham Regular City Council Meeting Page 7 of 7 1/25/2016