City Council - Regular Meeting

City of Bellingham City Council Regular Meeting Minutes 07/11/2016, 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 Monday, July 25, 2016, the City Council will host a public hearing at 7pm in Council Chambers on 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 Mayor Linville. 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 11 7/11/2016  Presentation 21292 1. Presentation of 2016 Governor's Smart Project Award for Alabama Street Multimodal Safety Improvements Director Ike Nwankwo of the Washington State Department of Commerce presented the City with the Governor's Smart Project Award for Alabama Street Multimodal Safety Improvements. Information only. 21293 2. Presentation by Dr. Francisco Rios, Dean of the Woodring College of Education at Western Washington University Dr. Francisco Rios, spoke on social justice. Information only. Public Hearing 21294 1. Consideration of a Request by Lydia Place for Comprehensive Plan and Zoning Text Amendments to Allow Construction of up to 11 Studio Apartments Located at 1701 Gladstone Street in the Puget Neighborhood Greg Aucutt, Assistant Planning Director, introduced representatives from Lydia Place. Emily O'Connor, Executive Director of Lydia Place, addressed Council and gave an overview of the proposed neighborhood plan amendment. The amendment would allow the number of people to increase from 18 people per 33,000 square feet of property to 55 people per 62,384 square feet of property. The amendment and project would enable Lydia Place to expand housing opportunities for homeless persons while providing them with the supportive services necessary to be successful. Cherish Larson, gave a testimony about her experience living in transition at Lydia Place. Council President Vargas opened the public hearing. Greg Winter, Executive Director of Opportunity Council, spoke about the housing need for homeless families in Bellingham. He conveyed his support of the expansion. Janice Marlega, a resident in the neighborhood of Lydia Place, expressed her concern about the facility's removal of the resident cap and the lack of 24 - hour supervision for residents. She fears this will have a negative impact on the neighborhood. City of Bellingham Regular City Council Meeting Page 2 of 11 7/11/2016  Steve James, President of the Puget Neighborhood Association, lives less than of a mile away from Lydia Place. He expressed his support for the work that is done at Lydia Place and the help they provide to those in need. Geoff Beaumont, spoke in support of Lydia Place. Riannon Bardsley, of NW Youth Services, reported the need for housing for homeless families. Jeff Jacobi, addressed the petition against the proposed amendments to the Puget Neighborhood plan that was submitted to council. He informed Council it had 35 signatures. He fears that property values will decrease because of the presence and problems associated with Lydia Place. Bill Geyer, gave a history of the property of Lydia Place and the site it is located on. He reported that from 1980 - 1990 the site at 1701 Gladstone Street had seven Conditional Use Permit Hearings, either to approve or deny a permit or to review a permit. The uses included a juvenile group home, health retreat and school, home for the aged, juvenile group home (overnight), drug / alcohol day treatment center for juveniles, and an alternative day school for juveniles with a behavioral modification program. None of the programs lasted more than two years. Lydia Place purchased the property in 1990 and has been in operation ever since. He feels that Lydia Place is still in operation because of the good work they do. Byron Seegers, conveyed he is supportive of the work at Lydia Place. However, he expressed that their expansion could have an unfavorable impact on the neighborhood. He requested the Council consider the caps on residency, the need for supervision at the facility on a 24-hour basis, and parking concerns. Barbara Lewis, spoke about her experiences as a single mother. She relayed lessons learned and felt those lessons could be taught to mothers at Lydia Place. Christy Domingas, Director of Early Childhood Education at the Bellingham School District, spoke in support of Lydia Place. The written record will remain open until July 24, 2016. Council is scheduled to vote on the matter at the next meeting, July 25, 2016. 15-Minute Public Comment Period Joseph McDonald, spoke against the religious protestors that attend the Bellingham Farmer's Market. City of Bellingham Regular City Council Meeting Page 3 of 11 7/11/2016  Parks and Recreation 21295 1. Amendment to the Whatcom Falls Park Master Plan for the Addition of a Bicycle Pump Track April Barker / Roxanne Murphy moved to approve the amendment to the Whatcom Falls Park Master Plan for the addition of a Bicycle Pump Track. MOTION CARRIED 7-0. Lake Whatcom Reservoir and Natural Resources 21296 1. Ordinance Amending the 2015/2016 Adopted Budget to Account for Additional Funding in the Amount of $474,128 from the Department of Ecology for the Bioretention Hydrologic Performance Study, EV- 0133 AN ORDINANCE AMENDING THE 2015/2016 ADOPTED BUDGET INCREASING REVENUE IN THE PUBLIC WORKS STORM AND SURFACE WATER FUND BY $474,128.00 AS A RESULT OF ADDITIONAL FUNDING FROM THE DEPARTMENT OF ECOLOGY FOR AN EXISTING INTERLOCAL SERVICES AGREEMENT, AND APPROPRIATING $474,128.00 IN RELATED EXPENDITURES Dan Hammill / Michael Lilliquist moved approval for first and second reading. MOTION CARRIED 7-0. 21297 2. Report From the June 13, 2016, Lake Whatcom Policy Group Meeting Information only. The next meeting of the Lake Whatcom Policy Group is scheduled for July 18, 2016, 3:00 p.m. in the Fireplace Room at 625 Halleck Street, Bellingham. Finance and Personnel 21210 1. An Ordinance Amending the 2016 Fire Department Budget Relating to the City of Bellingham and Whatcom County Fire District 8 Interlocal Agreement (ILA) REVENUE BY $840,553.00 AND EXPENDITURES BY $672,792.00 IN THE FIRE DEPARTMENT GENERAL FUND AS A RESULT OF AN INTERLOCAL AGREEMENT FOR STAFF TRANSFER FROM FIRE DISTRICT 8 TO THE CITY OF BELLINGHAM FIRE DEPARTMENT, WITH $167,761.00 BEING PLACED IN ESTIMATED ENDING RESERVES. City of Bellingham Regular City Council Meeting Page 4 of 11 7/11/2016  Roxanne Murphy / Gene Knutson moved approval for first and second reading. MOTION CARRIED 7-0. Community and Economic Development 21299 1. Update on the Redevelopment of 301 & 315 N Samish Way (Aloha Property) Information only. Committee Of The Whole 21300 1. Presentation by Washington State Representative Jeff Morris Council President Vargas reported from the presentation that Representative Jeff Morris, who represents the 40th District, gave earlier in the day. So far this year, focus areas include alternatives to incarceration for mentally ill offenders, solar tax credits that were approved in the House but was not approved in the Senate, and funding for the McCleary decision. Information only. 21301 2. Bellingham Whatcom County Commission Against Domestic Violence Annual Report Susan Marks, Executive Director of the Bellingham Whatcom County Commission Against Domestic Violence, outlined some of the projects being implementing throughout the community. She spoke about their role in education and goals to end domestic violence. 21284 3. An Ordinance Establishing an Independent Salary Commission To Review and Set the Salaries for the Elected Officials of the City of Bellingham AN ORDINANCE ESTABLISHING AN INDEPENDENT SALARY COMMISSION TO REVIEW AND FIX THE SALARIES FOR THE ELECTED OFFICIALS OF THE CITY OF BELLINGHAM Gene Knutson / Roxanne Murphy moved approval for first and second reading. MOTION CARRIED 6-1. April Barker opposed. 21302 4. Adoption of the International Fire Code, 2015 Edition AN ORDINANCE OF THE CITY OF BELLINGHAM AMENDING BELLINGHAM MUNICIPAL CODE CHAPTER 17.20 TO ADOPT BY REFERENCE THE 2015 EDITION OF THE INTERNATIONAL FIRE CODE City of Bellingham Regular City Council Meeting Page 5 of 11 7/11/2016  Pinky Vargas /Dan Hammill moved approval for first and second reading. MOTION CARRIED 7-0. 21303 5. Authorize the Mayor to Enter into an Interlocal Agreement with Whatcom County for Economic Development Investment (EDI) Grant Funding to Construct Waterfront District Arterial Streets April Barker / Roxanne Murphy moved to authorize the Mayor to enter into an Interlocal Agreement with Whatcom County for Economic Development Investment (EDI) Grant Funding to Construct Waterfront District Arterial Street. MOTION CARRIED 7-0. 21304 6. Approve and Authorize the Mayor to Enter into an Interlocal Agreement Between the City of Bellingham and Whatcom County to Finance the 2016 Aquatic Invasive Species (AIS) Boat Inspection Program Gene Knutson / Roxanne Murphy moved to authorize the Mayor to enter into an Interlocal Agreement between the City of Bellingham and Whatcom County to Finance the 2016 Aquatic Invasive Species (AIS) Boat Inspection Program. MOTION CARRIED 6-1. Terry Bornemann opposed. 21305 7. Waterfront District Implementation Status Report An update that included Phase I of Harcourt's construction and a City park. The Granary building is scheduled for opening by July 2017. Information only. 21306 8. Update on Medical Marijuana Industry As of July 1, 2016, Medical and Recreational Marijuana stores will be under the same regulation statewide. All stores must obtain a new license from the Washington State Liquor and Cannabis Board. The City of Bellingham has12 licenses and nine operating vendors. Information only. 21247 9. Review of the Draft 2016 Comprehensive Plan, Specifically the Land Use Chapter and Housing Chapter Reviewed land supply methodology. Council voted to reinstate the policy regarding inclusionary zoning. Discussion of the ADU policy was also included. More discussion on the Comprehensive Plan will follow at the next meeting scheduled for July 25, 2016 (Economic and Environment chapters) and August 1, 2016 (Land Use and Housing chapter). City of Bellingham Regular City Council Meeting Page 6 of 11 7/11/2016  10. Approval of Minutes Gene Knutson / Roxanne Murphy moved approval of the June 20, 2016 minutes of the regular City Council meeting as submitted. MOTION CARRIED 7-0. 11. Old/New Business Council President Vargas thanked the organizers of last weekend's Pride Parade and commented on how well attended and organized it was. Executive Session - Report and Action only. 1. Potential Litigation Staff provided information on a potential litigation matter. For information and discussion only. No action taken. 2. Collective Bargaining: Contract Negotiations Staff provided information on the proposed collective bargaining agreement between the City and IAFF, Local 106S. Action: The Council will entertain a motion to approve the agreement with the following general terms: WAGE INCREASES: 2% January 1, 2014 2% January 1, 2015 2% January 1, 2016 3% January 1, 2017 0.5% July 1, 2017 BENEFITS: Health benefits will remain status quo through 2016. In 2017 the bargaining unit will move to the Regence $250 and Group Health $200 plans. An HDHP with HAS and the Group Health PPO will also be offered. Roxanne Murphy / Dan Hammill moved approval of the general terms of the agreement. MOTION CARRIED 6-0-1. Michael Lilliquist abstained. City of Bellingham Regular City Council Meeting Page 7 of 11 7/11/2016  Mayor's Report Standing time for briefings, updates and reports to Council by the Mayor, if needed. 21307 1. Mayor's Appointment of Charles Storrs 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. 21308 1. An Ordinance Amending the 2016 Budget, Transferring $52,413 from the Street Fund to the Governmental Debt Fund for Debt Service AN ORDINANCE AMENDING THE 2015-2016 BIENNIAL BUDGET TRANSFERRING $52,413 FROM THE STREET FUND TO THE GOVERNMENTAL DEBT FUND AND APPROPRIATING THOSE FUNDS FOR EXPENDITURE ON DEBT SERVICE COSTS Roxanne Murphy / Gene Knutson moved approval for first and second reading. MOTION CARRIED 7-0. 21309 2. Authorization of Payroll Labor Cost Payments Dated May 26, 2016 - June 10, 2016 21310 3. Authorization of A/P Checks Issued June 17, 2016 21311 4. Authorization of A/P Checks Issued June 24, 2016 21312 5. Authorization of A/P Checks Issued July 1, 2016 Roxanne Murphy / Gene Knutson moved approval of the Consent Agenda in its entirety. MOTION CARRIED 7-0. Final Consideration of Ordinances 21256 1. 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 City of Bellingham Regular City Council Meeting Page 8 of 11 7/11/2016  Roxanne Murphy / Gene Knutson 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, HAMMILL, KNUTSON, LILLIQUIST, MURPHY, VARGAS NAYS: EXCUSED: MOTION CARRIED and was thereafter named Ordinance #2016-07-017. 21276 2. 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 Michael Lilliquist / 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: BARKER, BORNEMANN, HAMMILL, KNUTSON, LILLIQUIST, MURPHY, VARGAS NAYS: EXCUSED: MOTION CARRIED and was thereafter named Ordinance #2016-07-018. 21261 3. 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, 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 Terry Bornemann / Dan Hammill 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, HAMMILL, KNUTSON, LILLIQUIST, MURPHY, VARGAS NAYS: EXCUSED: City of Bellingham Regular City Council Meeting Page 9 of 11 7/11/2016  MOTION CARRIED and was thereafter named Ordinance #2016-07-019. 21280 4. An Ordinance Relating to Land Use Planning, Amending the Western Washington University Institutional Master Plan, an Addendum to the WWU Neighborhood Plan April Barker / Gene Knutson 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, HAMMILL, KNUTSON, LILLIQUIST, MURPHY, VARGAS NAYS: EXCUSED: MOTION CARRIED and was thereafter named Ordinance #2016-07-020. 21265 5. An Ordinance of the City Of Bellingham Amending Chapter 4.84 of the Bellingham Municipal Code, Disposition of Surplus Property Gene Knutson / 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, HAMMILL, KNUTSON, LILLIQUIST, MURPHY, VARGAS NAYS: EXCUSED: MOTION CARRIED and was thereafter named Ordinance #2016-07-021. 21183 6. Approve Amendment #2 to the Interagency Agreement #C1400056 with the Washington State Department of Ecology to Add an Additional $200,000 Roxanne Murphy / Michael Lilliquist 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, HAMMILL, KNUTSON, LILLIQUIST, MURPHY, VARGAS NAYS: EXCUSED: MOTION CARRIED and was thereafter named Ordinance #2016-03-012. City of Bellingham Regular City Council Meeting Page 10 of 11 7/11/2016  Adjournment There being no further business, the meeting adjourned at 8:55 p.m. Pinky Vargas, Council President ATTEST: Elisabeth Oakes, City Clerk Representative APPROVED: July 25, 2016 City of Bellingham Regular City Council Meeting Page 11 of 11 7/11/2016