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City Council - Regular Meeting

Regular Meeting

Bellingham, WA · April 11, 2016

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Minutes

City of Bellingham City Council Regular Meeting Minutes 04/11/2016, 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: 1. On Saturday, April 16, 2016, from 10:00am to 3:00pm, the City Council will host its Annual Retreat at Woodstock Farm, 1200 Chuckanut Drive N. in the Gates House. 2. On Monday, April 18, 2016, at 7:00 PM, the City Council will host a Public Hearing on the Development Agreement between the City of Bellingham and Larrabee Springs, Inc. (aka "Caitac"). Bellingham City Council meets all requirements of the State of Washington Open Public Meetings Act. 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 Excused: City of Bellingham Regular City Council Meeting Page 1 of 8 4/11//2016 Presentation 21188 1. Presentation by Western Washington University: Impacts of the Western Stands for Washington Campaign on our Community Stephanie Bowers, of Western Washington University, reported on our local community donors and the impact the campaign has had on our community. 15-Minute Public Comment Period Christopher Deile, relayed a letter he submitted to the Bellingham Herald for publication. The letter explained that he objects to court ordered rehabilitation in programs like Alcoholics Anonymous and Celebrate Recovery. He feels the religious overtones of those programs are not helpful. David Berg, reported he would like a refund from the Finance department for charges on his water bill. He explained there was a water leak. He felt it was not his fault and was the City's responsibility to repair the water leak. He explained he is entitled to a credit on his bill. Cameron Jennings, objected to the new street lights that were installed in local neighborhoods. He reported he created an online petition and as of today, has over 200 signatures. He described the problem being the new plastic globes and bright cold colored lighting created by the L.E.D. bulbs. He stated they are too glaring. He feels they are dangerous since the light is harsh and neighbors close their curtains and blinds leaving fewer eyes on the neighborhood. McKenzie Dent, Local Issues Coordinator for the Associated Students at Western Washington University, thanked the Council for the installation of new street lighting and bulbs. She feels they improve the safety for students at night time. Joseph McDonald, complained about religious fanatics protesting on the streets of Bellingham. He urged the Mayor and Council to take back their city. Denis Hayner, objected to the newly installed bulbs and fixtures for street lights in the Fairhaven neighborhood. He complained that the lights are too bright and glaring and are not consistent with the character of the historic district. He requested that the street lamps be returned to how they were before. Martin Lott, spoke in support of energy efficiency, but feels there are better options for street lighting that would be consistent with the character of historic neighborhoods. He described options that are more efficient and less glaring. He asked the City staff to explore the options he described. City of Bellingham Regular City Council Meeting Page 2 of 8 4/11//2016 Rory O'Conner, conveyed that he was surprised about the new water charges on the water bills. He feels the taxes are too high on water and sewer and requested the Council revisit the schedule increase. Bob Holmes, objected to the new street lights. He stated that they need to be changed out because they are too glaring and do not match the character of the neighborhood. He felt that a consultation with the neighborhood associations and a test on the new lights could have been done first. Public Hearing 21189 1. A Public Hearing to Consider a Request from Lydia Place to Docket a Comprehensive Plan Amendment and Zoning Change for Review in 2016 Rick Sepler, Planning Director, presented a plan and application for Lydia Place for consideration this year and to docket an amendment to the comprehensive plan. Shultzie Willows, Development and Outreach Director of Lydia Place, gave an overview of the request for consideration. Council President Vargas opened the public hearing. Craig Dunn, Board Member of Board of Directors of Lydia Place, explained that the organization provides tools to teach residents about sustained independence. He emphasized the urgent need to build and expand the campus and housing of Lydia Place. He urged the Council to pass the resolution. Linda Zemler, Real Estate Agent, spoke about the housing crisis and shortage of rentals. She expressed that those at Lydia Place have even greater challenges finding affordable housing in the tight rental market of Bellingham. She relayed the need for expansion at Lydia Place. Ashley Thomasson, Housing Program Supervisor, shared what this project could mean to Lydia Place especially because of the great need for housing options in Whatcom County. Jeff Jacobi, a neighbor of Lydia Place, would like to support this project, but feels it will change the tone of the neighborhood. He expressed that he feels the expansion project will drive down the value of his property. Mike Parker, director of the Whatcom Homeless Service Center, spoke about the increase of homelessness and a housing crisis. He expressed his support for the prospect of more housing units with the Lydia Place expansion proposal. City of Bellingham Regular City Council Meeting Page 3 of 8 4/11//2016 Jessica Halgen, school counselor, reported that she sees homeless children often with her job. She spoke in support of Lydia Place and building the larger campus. Council President Vargas closed the public hearing. There being no further comments, the public hearing was closed. Roxanne Murphy / April Barker moved final approval of Resolution #2016-07. MOTION CARRIED 7-0. Public Works / Public Safety 21190 1. Bid Award for 2014-2015 Watermain Replacement Program, EW- 0220, Bid No. 1B2016 Terry Bornemann / Roxanne Murphy moved to award Bid No.1B-2016 for 2014-2015 Watermain Replacement Program to Ram Construction General Contractors, Inc. of Bellingham 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 $1,771,430.67, which includes any applicable WSST. MOTION CARRIED 7-0. Community and Economic Development 21191 1. Work Session on Closed Captioning and Local Options During the Committee session earlier in the day a motion passed 2-1, Michael Lilliquist opposed, to recommend staff educate the business community on closed captioning, publicize those businesses that are willing to provide closed captioning and look into closed captioning for BTV10. Gene Knutson / April Barker moved to recommend that Council Members reach out to the Chamber of Commerce and members of the local business community to obtain feedback on closed captioning recommendations. MOTION CARRIED 7-0. Committee Of The Whole 21192 1. The Bellingham Police Department will Provide an Update on the Body Worn Camera (BWC) Program Clifford Cook, Chief of Police, gave an update on the body worn cameras utilized by Bellingham Police Department officers. In 2014, thirty cameras were issued to officers on a volunteer basis to test in the field. Currently, the City has purchased as many as 110 cameras. Starting July 1, 2016, all officers will be required to utilize them while on duty. City of Bellingham Regular City Council Meeting Page 4 of 8 4/11//2016 21151 2. Discussion: FAST Report (2009), Capital Facilities Task Force Report (2010) and Administrative Structure Review (2014) Information only. More discussion to follow at the Council Retreat on April 16, 2016. 21193 3. Waterfront District Implementation Status Report Tara Sundin, Economic Development Manager, gave a status report on the Waterfront District project. She reported that the Predesign Phase for the street level at Granary Avenue and Laurel Street is complete. The department is about 30% done with the Design submittal stage. The target date for the area to be open for utilization is at the end of 2017. 21194 4. Resolution Regarding Establishing the Bellingham Waterfront Redevelopment Opportunity Zone Pinky Vargas / Gene Knutson moved final approval of Resolution #2016-08. MOTION CARRIED 7-0. 21195 5. Whatcom County EMS Funding Work Group Recommendations Bill Newbold, Fire Chief, presented an update on the accomplishment of the EMS funding work group and gave recommendations from the EMS Oversight Board. The proposal included recommendations such as:  29.5¢ EMS levy rate  6 year levy  Add to the November 2016 General Election ballot 21196 6. Resolution Adopting a Statement of Incarceration Prevention, Criminal Justice, and Jail Planning Principles "A RESOLUTION ADOPTING A STATEMENT OF INCARCERATION PREVENTION, CRIMINAL JUSTICE, AND JAIL PLANNING PRINCIPLES FOR WHATCOM COUNTY’S CRIMINAL JUSTICE AND BEHAVIORAL HEALTH SYSTEMS" Peter Ruffatto, City Attorney, read amendments to the resolutions which included: City of Bellingham Regular City Council Meeting Page 5 of 8 4/11//2016  In the fifth paragraph, "Be It Further Resolved, that due to the ever escalating costs of such investments, time is of the essence for drafting a new collaborative proposal to be put before the voters as soon as feasible."  In the Guiding Principles statement attached to the Resolution, the third paragraph, second sentence was changed to read, "We will strive for conditions where the cycle of incarceration is broken rather than perpetuated."  Under no. 8 of the Guiding Principles, it was changed to state, "We support the location of any new jail facility where it can work best for all of our partners…"  Under no. 10 of the Guiding Principles, it was changed to state, "We support the apportionment of construction and operation costs…" Pinky Vargas / Michael Lilliquist moved final approval of Resolution #2016-09 as amended in Committee. MOTION CARRIED 7-0. 21197 7. Current and Anticipated Service Delivery Models Information only. 8. Approval of Minutes April Barker / Gene Knutson moved approval of the March 21, 2016, minutes of the regular City Council meeting as submitted. MOTION CARRIED 7-0. 9. Old/New Business None. Executive Session - Report and Action only. 1. Potential Litigation Staff provided information on a potential litigation matter. Direction given. No action taken. 2. Labor Relations Bargaining Strategy Staff provided information on a labor relations bargaining strategy. Direction given. No action taken. City of Bellingham Regular City Council Meeting Page 6 of 8 4/11//2016 Mayor's Report Standing time for briefings, updates and reports to Council by the Mayor, if needed. Information only. Mayor Linville announced that the Downtown Historic Tour, Web Application, built by our staff, won an award from the State Department of Archaeology and Historic Preservation. It will be presented on May 17, 2016, in Olympia. Mayor Linville reported that recently there was a boat fire on Lake Whatcom. The Water Treatment Plant reported that they have seen no change in the water quality and the response to the fire was nearly immediate. The Department of Ecology did not send any staff out after the fire. 21198 1. Mayor's Reappointment of Craig Funston to the Bellingham Housing Authority Board (Information) Information only. 21199 2. Mayor's Reappointment of John Marshall to the Community Development Advisory Board (Information) Information only. 21200 3. Mayor's Appointment of Janice Carmichael and Courtney Lange to the Parks & Recreation Advisory Board (Information) Information only. 21201 4. Mayor's Reappointment of Garrett O'Brien to the Planning and Development Commission (Approval) Terry Bornemann / Roxanne Murphy moved to approve the Mayor's appointment of Garrett O'Brien to the Planning and Development Committee, term ending April 16, 2020. MOTION CARRIED 7-0. 21202 5. Mayor's Appointment of Abe Lloyd and Allan Richardson to the Lake Whatcom Watershed Advisory Board (Approval) Gene Knutson / Terry Bornemann moved to approve the Mayor's appointment of Abe Lloyd and Allan Richardson to the Watershed Advisory Board, term ending April 11, 2019. MOTION CARRIED 7.0 City of Bellingham Regular City Council Meeting Page 7 of 8 4/11//2016 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. 21203 1. 2015-2016 Biennial Budget Ordinance Reclassifying One Dispatch Fund Position "AN ORDINANCE AMENDING THE 2015-2016 BIENNIAL BUDGET RECLASSIFYING ONE DISPATCH FUND POSITION IN THE BELLINGHAM POLICE DEPARTMENT, WHAT-COMM DISPATCH GROUP, WHERE NO ADDITIONAL APPROPRIATION OR REALLOCATION OF FUNDS IS REQUESTED" (First and second reading.) 21204 2. Authorization of Payroll Labor Cost Payments Dated March 11, 2016 - March 25, 2016 21205 3. Authorization of A/P Checks Issued March 18, 2016 21206 4. Authorization of A/P Checks Issued March 24, 2016 21207 5. Authorization of A/P Checks Issued April 1, 2016 Roxanne Murphy / Gene Knutson moved approval of the Consent Agenda in its entirety. MOTION CARRIED 7-0. Adjournment There being no further business, the meeting adjourned at 8:54 p.m. Pinky Vargas, Council President ATTEST: Elisabeth Oakes, City Clerk Representative APPROVED: May 2, 2016 City of Bellingham Regular City Council Meeting Page 8 of 8 4/11//2016

Agenda

City of Bellingham City Council Regular Meeting Agenda 04/11/2016, 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. The following items are heard in the Regular Meeting only: Call to Order Announcements & Upcoming Meetings: 1. On Saturday, April 16, 2016, from 10:00am to 3:00pm, the City Council will host its Annual Retreat at Woodstock Farm, 1200 Chuckanut Drive N. in the Gates House. 2. On Monday, April 18, 2016, at 7:00 PM, the City Council will host a Public Hearing on the Development Agreement between the City of Bellingham and Larrabee Springs, Inc. (aka "Caitac"). Bellingham City Council meets all requirements of the State of Washington Open Meetings Act. Pledge of Allegiance Roll Call Presentation 21188 1. Presentation by Western Washington University: Impacts of p. 1 the Western Stands for Washington Campaign on our Community 15-Minute Public Comment Period Public Hearing 21189 1. A Public Hearing to Consider a Request from Lydia Place to p. 2 Docket a Comprehensive Plan Amendment and Zoning Change for Review in 2016 1 The following are heard in both Committee sessions and Regular Meeting in order below: Council Standing Committee Meetings: Open to the public to attend. Note: there is generally no public comment period for Committee sessions. Standing Committee Members receive reports and information, ask questions and, when appropriate, vote on a recommended action for consideration by the full Council at the Regular Meeting. The notice of Committee Meetings identified below also serves as notice of Special Meetings of the City Council at the times identified as Council Members who are not members of the committee routinely attend and participate in the Committee Meetings. Committee Chairs give a report of the Committee Meeting at the Regular Meeting in the evening prior to deliberation and formal vote in the order shown below: Public Works / Public Safety 1:00 PM Terry Bornemann, Chair Gene Knutson; Roxanne Murphy 21190 1. Bid Award for 2014-2015 Watermain Replacement Program, p. 32 EW-0220, Bid No. 1B2016 Community and Economic Development 1:05 PM April Barker, Chair Michael Lilliquist; Terry Bornemann 21191 1. Work Session on Closed Captioning and Local Options p. 38 Committee Of The Whole 1:15 PM Pinky Vargas, Chair April Barker; Gene Knutson; Daniel Hammill; Terry Bornemann; Michael Lilliquist; Roxanne Murphy 21192 1. The Bellingham Police Department will Provide an Update on p. 43 the Body Worn Camera (BWC) Program 21151 2. Discussion: FAST Report (2009), Capital Facilities Task Force p. 44 Report (2010) and Administrative Structure Review (2014) 21193 3. Waterfront District Implementation Status Report p. 45 21194 4. Resolution Regarding Establishing the Bellingham Waterfront p. 46 Redevelopment Opportunity Zone 2 RESOLUTION REGARDING ESTABLISHING THE BELLINGHAM WATERFRONT REDEVELOPMENT OPPORTUNITY ZONE 21195 5. Whatcom County EMS Funding Work Group p. 50 Recommendations 21196 6. Resolution Adopting a Statement of Incarceration Prevention, p. 104 Criminal Justice, and Jail Planning Principles A RESOLUTION ADOPTING A STATEMENT OF INCARCERATION PREVENTION, CRIMINAL JUSTICE, AND JAIL PLANNING PRINCIPLES FOR WHATCOM COUNTY’S CRIMINAL JUSTICE AND BEHAVIORAL HEALTH SYSTEMS 21197 7. Current and Anticipated Service Delivery Models p. 109 8. Approval of Minutes 9. Old/New Business Executive Session 2:50 PM Closed to the public. Report in the Regular Meeting only: 1. Potential Litigation (Brady, approx. 15 min) 2. Labor Relations Bargaining Strategy (Erb, approx. 10 min) Mayor's Report Standing time for briefings, updates and reports to Council by the Mayor, if needed. Information only. 21198 1. Mayor's Reappointment of Craig Funston to the Bellingham p. 125 Housing Authority Board (Information) 21199 2. Mayor's Reappointment of John Marshall to the Community p. 126 Development Advisory Board (Information) 21200 3. Mayor's Appointment of Janice Carmichael and Courtney p. 127 Lange to the Parks & Recreation Advisory Board (Information) 21201 4. Mayor's Reappointment of Garrett O'Brien to the Planning p. 130 and Development Commission (Approval) 21202 5. Mayor's Appointment of Abe Lloyd and Allan Richardson to p. 131 the Lake Whatcom Watershed Advisory Board (Approval) 3 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. 21203 1. 2015-2016 Biennial Budget Ordinance Reclassifying One p. 134 Dispatch Fund Position AN ORDINANCE AMENDING THE 2015-2016 BIENNIAL BUDGET RECLASSIFYING ONE DISPATCH FUND POSITION IN THE BELLINGHAM POLICE DEPARTMENT, WHAT-COMM DISPATCH GROUP, WHERE NO ADDITIONAL APPROPRIATION OR REALLOCATION OF FUNDS IS REQUESTED 21204 2. Authorization of Payroll Labor Cost Payments Dated March p. 137 11, 2016 - March 25, 2016 21205 3. Authorization of A/P Checks Issued March 18, 2016 p. 138 21206 4. Authorization of A/P Checks Issued March 24, 2016 p. 139 21207 5. Authorization of A/P Checks Issued April 1, 2016 p. 140 Adjournment Agenda Information: Council Committee and Regular Meeting agendas and agendas packets, which contain the supporting documentation for agenda items, are available to the public Wednesday afternoon prior to the meeting. They are posted at www.cob.org/meetings. A hard copy of the agenda packet is available for review from the reference desk at the Central Library or the Finance office at City Hall. Live Broadcast Information: The Bellingham City Council Committee Meetings are broadcast live on BTV10 at the times listed on the Agenda. Committee session start times between 1:00 PM and 5:00 PM are estimated. A specific Committee may start later than the time published but will not begin earlier than its published time. The meetings are also streamed live on the internet as they occur. BTV10 programming is available 24/7 to anyone with a computer and high-speed internet access. On-line viewers will see exactly what Comcast cable customers would see on Channel 10, without the need for cable television service. 4 The Bellingham Public Library also has DVD’s available for checkout. Video and audio files are available on the Internet at http://www.cob.org within 5 business days following each meeting. BTV10 Council Meeting Rebroadcast Schedule: Tues. 12 PM: Repeat broadcast of Monday afternoon Committee meetings Tues. 7 PM: Repeat broadcast of Monday night regular meeting Wed. 8 AM: Repeat broadcast of Monday night regular meeting Sat. 12 PM: Repeat broadcast of Monday afternoon Committee meetings Sat. 7 PM: Repeat broadcast of Monday night regular meeting Accessibility: The Council Chambers is fully accessible. Elevator access to the second floor is available at City Hall’s west entrance. Hearing assistance is available and a receiver may be checked out through the clerk prior to the evening session. For additional accommodations, contact the Legislative Assistant at 778-8200 in advance of the meeting. Thank you. Next City Council Meeting 04/18/2016 Deadline to submit material for the public hearing for inclusion in the published agenda packet is 10:00 a.m. on Wednesday prior to the meeting. 5

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