City Council - Regular Meeting

City of Bellingham City Council Regular Meeting Minutes 06/20/2016, 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 July 11, 2016, at 7:00 PM in the Council Chambers, the City Council will host a public hearing regarding a request by Lydia Place for a comprehensive plan amendment and zoning text amendment for property located at 1701 Gladstone Street. 2. On July 25, 2016, at 7:00 PM in Council Chambers, the City Council will host a public hearing regarding an ordinance relating to the Council wards of the City. 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 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: Daniel Hammill, Council Member, Third Ward City of Bellingham Regular City Council Meeting Page 1 of 10 6/20/2016  Presentation 21272 1. Recognition of the Winners of the 2016 Essence of Bellingham Photography Competition Vanessa Blackburn presented winners of the 2016 Essence of Bellingham Photography Competition. Mayor Kelli Linville recognized winners: Best of Class in the K - 4th grade category, Amelia Van Niekerk; Best of Class in the College category, Alex Powell; Best of Class in the Amateur category, Jeremy Carroll; 3rd Place winner, Alice Horton; 2nd Place winner, Austin Shenton; 1st Place, Best of Show winner, Aaron Brick. Public Hearing 21273 1. Public Hearing Regarding Initiative 1433 SUPPORTING INITIATIVE 1433: STATEWIDE PAID SICK LEAVE, RAISING THE MINIMUM WAGE Council President Vargas opened the public hearing. No citizens spoke and the public hearing was closed. Gene Knutson / April Barker moved final approval of Resolution #2016-17. MOTION CARRIED 6-0. 21274 2. Consideration of an Application for a Bureau of Justice Grant in the Amount of $23,752 Flo Simon, Deputy Chief, explained the file conversion process. Council President Vargas opened the public hearing. No citizens spoke and the public hearing was closed. 15-Minute Public Comment Period Yoshe Revelle, spoke about abusing natural resources. City of Bellingham Regular City Council Meeting Page 2 of 10 6/20/2016  Public Works / Public Safety 21210 1. City of Bellingham and Whatcom County Fire District 8 Interlocal Agreement (ILA) for Fire and BLS Emergency Medical Services Terry Bornemann / Roxanne Murphy moved to authorize the Mayor to enter into an Interlocal Agreement with Whatcom County Fire District 8 for Fire and BLS Emergency Medical Services. MOTION CARRIED 6-0. 21256 2. An Ordinance Amending the Bellingham Municipal Code to Repeal BMC 10.30.020 and to Adopt a New Code Section Consistent with State Law to Prohibit the Unlawful Display or Carry of an Electronic Control Device AN ORDINANCE OF THE CITY OF BELLINGHAM, WASHINGTON, AMENDING BELLINGHAM MUNICIPAL CODE TITLE 10.30 TO REPEAL BMC 10.30.020 WHICH PROHIBITS THE POSSESSION, SALE, OR USE OF TASERS, STUN GUNS, AND SIMILAR ELECTRONIC OR ENERGY DEVICES OR WEAPONS; ADOPTING BMC 10.30.015 PROHIBITING THE UNLAWFUL DISPLAY OF WEAPONS INCLUDING ELECTRONIC CONTROL DEVICES; AND AMENDING BMC 10.30.005 BY REPEALING THE ADOPTION OF RCW 9.41.270 BY REFERENCE. Terry Bornemann / Michael Lilliquist moved approval for first and second reading. MOTION CARRIED 6-0. 21276 3. An Ordinance Amending Bellingham Municipal Code 9.12.080 by Changing the Penalty for Non-compliance with the Garbage Collection Code to a Civil Infraction AN ORDINANCE OF THE CITY OF BELLINGHAM AMENDING BELLINGHAM MUNICIPAL CODE 9.12.080 BY CHANGING THE PENALTY FOR NON-COMPLIANCE WITH BELLINGHAM MUNICIPAL CODE 9.12 FROM A CRIME TO A CIVIL INFRACTION AND ESTABLISHING THE PENTALTY FOR NON-COMPLIANCE Terry Bornemann / April Barker moved approval for first and second reading. MOTION CARRIED 6-0. 21277 4. Authorize the Mayor to Enter into an Interlocal Agreement Between the City of Bellingham and Port of Bellingham Regarding Water Main Construction in C Street Right-of-Way City of Bellingham Regular City Council Meeting Page 3 of 10 6/20/2016  Terry Bornemann / Roxanne Murphy moved to authorize the Mayor to enter into an Interlocal Agreement between the City of Bellingham and the Port of Bellingham regarding water main construction in C Street right-of-way. MOTION CARRIED 6-0. 21278 5. Orchard Drive Extension (Birchwood Avenue), ES-0440 Section 4(f) Impacts to Bay to Baker Trail Impacts to Bay to Baker Trail from the Orchard Drive Extension Project were discussed detailing the project, areas of recreational property impacts, and measures taken to minimize the harm to recreational property. Information only. 21279 6. Utilities and Transportation Commission Rail Safety Program "OPT IN" Terry Bornemann / Roxanne Murphy moved to authorize the Mayor to enter into a Memorandum of Understanding between the City of Bellingham and the Washington State Utilities and Transportation Commission (UTC). MOTION CARRIED 6-0. Planning 21247 1. Review of Key Concerns from the June 6, 2016, Public Hearing on the Draft 2016 Bellingham Comprehensive Plan Gene Knutson / April Barker moved to send agenda item to Committee of the Whole Special Meeting scheduled for June 27, 2016. MOTION CARRIED 6-0. 21263 2. Potential Revisions to the City's Commercial Zoning Code Gene Knutson announced that the Department of Urban Design & Planning at the University of Washington presented the City with their report on Potential Revision Recommendations for the Bellingham Commercial Zoning Code. Gene conveyed that the report is a comprehensive, well written document with excellent recommendations. He advised the public to look at the report. The Department may come back to Council with Action Items. 21261 3. Adoption of the 2015 Washington State Building Code with Local Amendments AN ORDINANCE AMENDING BELLINGHAM MUNICIPAL CODE CHAPTER 17.10, TO ADOPT BY REFERENCE THE 2015 EDITIONS OF THE INTERNATIONAL BUILDING CODE, INTERNATIONAL RESIDENTIAL CODE, INTERNATIONAL MECHANICAL CODE, INTERNATIONAL FUEL GAS CODE, City of Bellingham Regular City Council Meeting Page 4 of 10 6/20/2016  INTERNATIONAL PROPERTY MAINTENANCE CODE, INTERNATIONAL EXISTING BUILDING CODE, NATIONAL FUEL GAS CODE, INTERNATIONAL PLUMBING CODE, INTERNATIONAL ENERGY CONSERVATION CODE, UNIFORM PLUMBING CODE, AND WASHINGTON CITIES ELECTRIC CODE, AND THE 2011 EDITION OF THE LIQUEFIED PETROLEUM GAS CODE, AS AMENDED, AS SET FORTH HEREIN Gene Knutson / April Barker moved approval for first and second reading. MOTION CARRIED 6-0. City Council Special Meeting 21280 1. A Closed Record Hearing to Consider an Ordinance Amending the Western Washington University (WWU) Institutional Master Plan (IMP) to Enlarge IMP District 18 to Allow Student Housing Along South College Drive AN ORDINANCE RELATING TO LAND USE PLANNING, AMENDING THE WESTERN WASHINGTON UNIVERSITY INSTITUTIONAL MASTER PLAN, AN ADDENDUM TO THE WWU NEIGHBORHOOD PLAN Pinky Vargas / Gene Knutson moved to approve recommendations. MOTION CARRIED 6-0. Pinky Vargas / Michael Lilliquist moved approval for first and second reading. MOTION CARRIED 6-0. Committee Of The Whole 21281 1. Resolution Demonstrating Substantial Progress on the 2016 Comprehensive Plan Update A RESOLUTION DOCUMENTING PROGRESS TOWARD UPDATING BELLINGHAM’S 2016 COMPREHENSIVE PLAN AND SETTING FORTH A TIMELINE FOR THE REMAINDER OF THE REVIEW PROCESS AND CITY COUNCIL'S ADOPTION OF THE 2016 COMPREHENSIVE PLAN Pinky Vargas / Gene Knutson moved final approval of Resolution #2016-18. MOTION CARRIED 6-0. City of Bellingham Regular City Council Meeting Page 5 of 10 6/20/2016  21282 2. Addressing Town-Gown (T-G) Tension: Utilizing a Coordinated Approach to Address Issues Associated with Off-Campus Housing and Behaviors. Lessons Learned from Fort Collins, CO T-G Program Council President Vargas reported that staff gave a presentation on lessons learned from Fort Collins, Colorado. Fort Collins integrated a program called Town Gown. The program is designed to reduce conflict between college students and neighborhood residents. Their approach could be implemented within the City of Bellingham. 21151 3. Sustainable Services: Process Update Council President Vargas reviewed the Process Schedule that staff presented in the Committee Meeting. Some items will be on a "hold" status. Specifically the Metropolitan Parks District is on hold due to the Greenways Levy IV that is scheduled to be voted on in the November General Election. 21283 4. Review of Potential Surplus Property Criteria and Process Council President Vargas explained the criteria process that has been integrated. This process will be used to determine and recommend properties as potentially surplus to the City's needs. 21265 5. Proposed Ordinance Amending BMC 4.84 AN ORDINANCE OF THE CITY OF BELLINGHAM AMENDING CHAPTER 4.84 OF THE BELLINGHAM MUNICIPAL CODE, DISPOSITION OF SURPLUS PROPERTY Pinky Vargas / Roxanne Murphy moved approval for first and second reading. MOTION CARRIED 6-0. 21266 6. Interlocal Jail Facility Use Agreement Pinky Vargas / Gene Knutson moved to authorize the Mayor to enter into an Interlocal Jail Facility Use Agreement for corrections services between Whatcom County and the City of Bellingham with Option 2 as presented. MOTION CARRIED 6-0. 21284 7. Discussion of Salary Commission Following discussion of the afternoon Committee, the Council directed staff to make the following changes to the ordinance: City of Bellingham Regular City Council Meeting Page 6 of 10 6/20/2016   Under Section 1: Salary Commission Established, first paragraph, 3rd sentence, "The commission shall be filled and members appointed in accordance with Section 2, once every 4 years commencing in 2017."  Under Section 2, a) The commission shall consist of seven members who shall be appointed by the Mayor with the approval of the City Council, in conformance with RCW 35.21.015 as codified and as amended hereafter. MOTION CARRIED 6-0. 21243 8. Work Session Regarding Transportation Benefit District (TBD) Funding Allocation in the (2017-2022) Six-Year Transportation Improvement Program (TIP) Pinky Vargas / Michael Lilliquist moved final approval of Resolution #2016-19 as amended:  In the title to read "A Resolution of the City of Bellingham, Washington regarding the allocation of Transportation Benefit District Funds."  Under the sixth, "Whereas" to be added at the end," although WTA has indicated that they anticipate future capital projects in Bellingham for which they may seek TBD support;" and… MOTION CARRIED 6-0. 21255 9. Work Session Regarding the Draft 2017-2022 Transportation Improvement Program (TIP) Pinky Vargas / Michael Lilliquist moved final approval of Resolution #2016-20 as amended in project #2:  Project narrative wording amended to read (second to last sentence) "Non- motorized improvements are primarily prioritized through the Pedestrian and Bicycle Master Plans, but also through grant funding opportunities and other capital improvement needs, such as those of WTA for public transit."  Multimodal Transportation Benefits description to include, "Additional sidewalk connections, crosswalks and various bicycle facilities will help to complete and enhance the citywide non-motorized transportation network and the citywide transit network. City of Bellingham Regular City Council Meeting Page 7 of 10 6/20/2016   In the Project description under "Sidewalk and Bikeway Improvements" the note of "2) Current TBD expires 12/31/2020" was added. MOTION CARRIED 6-0. 10. Approval of Minutes Roxanne Murphy / Gene Knutson moved approval of the May 16, 2016 minutes of the regular City Council meeting as submitted. MOTION CARRIED 6-0. Roxanne Murphy / Michael Lilliquist moved approval of the June 6, 2016 minutes of the regular City Council meeting as submitted. MOTION CARRIED 6-0. 11. Old/New Business Council President Vargas announced that the City is requesting volunteers to be on a committee to prepare "For" and a committee to prepare "Against" statements for the Greenways IV Resolution slated for the November 8, 2016 General Election. The deadline for the committee statement is due to Whatcom County no later than 4:30 p.m. on August 8, 2016. Rebuttal is due no later than 4:30 p.m. on August 11, 2016. Please contact the Mayor's office at 360-778-8100 or email: mayorsoffice@cob.org Executive Session - Report and Action only. 1. Potential Litigation: Claim No. 2016-24 Staff provided information on a potential litigation matter. Action: Gene Knutson / Michael Lilliquist moved to authorize the Mayor to enter into a settlement agreement with the following terms: resolution of claim number 2016-24 for the payment of $21,663.08 to claimant for damages resulting from a water main break. MOTION CARRIED 6-0. 2. Potential Litigation: Claim No. 2015-50 Staff provided information on a potential litigation matter. For information and discussion only. No action taken. City of Bellingham Regular City Council Meeting Page 8 of 10 6/20/2016  Mayor's Report Standing time for briefings, updates and reports to Council by the Mayor, if needed. Information only. Mayor Linville commended the Bellingham Police Department for apprehending two suspects in recent criminal activity. 21285 1. Mayor's Appointment of James Hulbert to the Transportation Commission (Approval) Terry Bornemann / Roxanne Murphy moved approval of James Hulbert to the Transportation Commission, term ending June 20, 2019. MOTION CARRIED 6-0. 21286 2. Mayor's Appointment of Cameron Jennings to the Mayor's Neighborhood Advisory Commission (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. 21287 1. Authorization of Payroll Labor Cost Payments Dated May 11, 2016 - May 25, 2016 21288 2. Authorization of A/P Checks Issued June 3, 2016 21289 3. Authorization of A/P Checks Issued June 10, 2016 21290 4. Interlocal Agreement 21291 5. Bid Award 31B-2016 for Number 3 Steel Meter Box Lids Roxanne Murphy / Gene Knutson moved approval of the Consent Agenda in its entirety. MOTION CARRIED 6-0. City of Bellingham Regular City Council Meeting Page 9 of 10 6/20/2016  Final Consideration of Ordinances 21271 1. Proposed Ordinance Accepting Donation of Conservation Easement Michael Lilliquist / 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: BARKER, BORNEMANN, KNUTSON, LILLIQUIST, MURPHY, VARGAS NAYS: EXCUSED: HAMMILL MOTION CARRIED and was thereafter named Ordinance #2016-06-016. Adjournment There being no further business, the meeting adjourned at 8:05 p.m. Pinky Vargas, Council President ATTEST: Elisabeth Oakes, City Clerk Representative APPROVED: July 11, 2016 City of Bellingham Regular City Council Meeting Page 10 of 10 6/20/2016