City Council - Regular Meeting

City of Bellingham City Council Regular Meeting Minutes 05/08/2017, 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 Lilliquist at 7:00 p.m. Announcements & Upcoming Meetings: 1. On Monday, May 15th from 7:00-8:30 PM, the City Council will host a Town Hall Meeting in the Encore Room of Mount Baker Theatre. There is seating capacity for 80 people, and standing room for an additional 20. Doors open and sign-ups begin at 6:30. Council President Lilliquist announced that the Town Hall Meeting will be postponed. A larger venue is needed. A later date and different venue will be announced soon. 2. On Monday, May 22nd at 7:00 PM, the City Council will host a Public Hearing on the 6-Year Transportation Improvement Program (TIP). 3. On Monday, June 5th at 7:00 PM, the City Council will host a Public Hearing to consider a Comprehensive Plan amendment related to the Barkley Neighborhood. 4. On Monday, June 5th at 7:00 PM, or shortly thereafter, the City Council will host a Public Hearing to consider a Comprehensive Plan amendment to the Cordata Neighborhood Plan. Bellingham City Council meets all requirements of the State of Washington Open Public Meetings Act. Pledge of Allegiance Led by Council President Lilliquist. City of Bellingham Regular City Council Meeting Page 1 of 10 5/8/2017  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: Public Hearing 21603 1. Public Hearing to Consider a Resolution Authorizing Release of a Utility Easement Located at 1514 12th Street Council President Lilliquist opened the public hearing. No citizens spoke and the public hearing was closed. Gene Knutson / Roxanne Murphy moved final approval of Resolution # 2017-20. MOTION CARRIED 7-0. 21604 2. Public Hearing to Consider a Resolution Authorizing Relinquishment of a Utility Easement Previously Retained by the City upon Vacating a Portion of East Laurel Street Council President Lilliquist opened the public hearing. No citizens spoke and the public hearing was closed. Pinky Vargas / Gene Knutson moved final approval of Resolution # 2017-21. MOTION CARRIED 7-0. 21605 3. Public Hearing to Consider Sign Code Amendments to Fairhaven Urban Village Sign Regulations Council President Lilliquist opened the public hearing. No citizens spoke and the public hearing was closed. Terry Bornemann / Gene Knutson moved approval for first and second reading. MOTION CARRIED 7-0. City of Bellingham Regular City Council Meeting Page 2 of 10 5/8/2017  21606 4. Public Hearing to Consider Development Regulation Updates to Fencing Materials Between Commercial and Residential Zones in Urban Villages Council President Lilliquist opened the public hearing. No citizens spoke and the public hearing was closed. Roxanne Murphy / Dan Hammill moved approval for first and second reading. MOTION CARRIED 7-0. 21607 5. Public Hearing to Consider Code Amendments Establishing a Process and Criteria When Evaluating Unclassified Uses in Commercial or Industrial Zones Council President Lilliquist opened the public hearing. No citizens spoke and the public hearing was closed. Terry Bornemann / Gene Knutson moved approval for first and second reading. MOTION CARRIED 7-0. 15-Minute Public Comment Period Theresa Meurs, thanked the Council, Mayor and City employees who worked on getting the City a low-barrier shelter. Despite that the Port property did not work out, she feels there are some other buildings that could be options for a low-barrier shelter or housing that the City should look into. Sonny Meeham, suggested the Council hold a Public Hearing about the proposed jail to discuss the Public's concerns. {AB #21266} Lisa Farino, urged the Council to reject any plans for increased sales taxes to fund a new jail facility, and to work on jail alternatives. She also suggested the current County jail be renovated. {AB #21266} Amy Glasser, reported that she attended a stakeholder's meeting about the proposed new jail. She objected to the planned size of the jail. {AB #21266} Clint Lincoln, objected to building a large jail and feels they will only fill it if they build it. He endorses jail diversion programs rather than a large facility for incarceration. {AB #21266} City of Bellingham Regular City Council Meeting Page 3 of 10 5/8/2017  Joy Gilfilen, of Restorative Community Coalition, thanked the Council for helping to reduce the amount of people going to jail by offering jail alternatives. She asked the Council to give time to implement more of the jail alternative plans rather than move forward with constructing a jail facility. {AB #21266} Irene Morgan, thanked the Council, City staff and the Mayor for the work they have done to increase jail alternatives. She believes the system can be changed and would urge the Council to work with her to change it. {AB #21266} Lynne Lohr, spoke about her experience as an emergency chaplain and feels offenders need to have jail alternatives. {AB #21266} Kelly Krieger, shared her concerns about the planning of the new jail facility and is confused about the process. {AB #21266} Amy Pashow, relayed that she spoke with the Sheriff about the new jail building so she could gain more information. She is confused that the proposed jail facility is near the Lummi Reservation and would like the current County jail remodeled. {AB #21266} Robert Leib, spoke against the bail system. He feels it is unconstitutional and a large jail perpetuates the cycle of incarcerating offenders to extort them for profit. {AB #21266} Jordan Leib, spoke against the plan to build a jail and feels the system is broken. He would like the current jail to be renovated. {AB #21266} Jacob Malloy, feels the current prison system is not effective. {AB #21266} Emily Merrill, spoke against incarceration rates in Whatcom County and feels we should fund jail diversion programs. {AB #21266} Yeshaia Van Leeuwen, relayed that there is over policing in our culture and we do not need a new jail. {AB #21266} Cora Cole, feels that people with mental health problems should not be in jail, but cared for by separate services. She spoke against the jail proposal. {AB #21266} Council Standing Committee Meetings: Public Works / Public Safety 21588 1. Approve Resolution for Job Order Contracting Process Terry Bornemann / Roxanne Murphy moved final approval of Resolution # 2017-22. MOTION CARRIED 7-0. City of Bellingham Regular City Council Meeting Page 4 of 10 5/8/2017  21332 2. Update to the Water Treatment Plant Dissolved Air Flotation (DAF) Pretreatment Project Presentation during Committee. An update was provided. Information only. 21608 3. Bid Award for ES-522 12th and Mill Intersection Improvments, Bid 14B-2017 Terry Bornemann / April Barker moved to award Bid No. 14B-2017 for 12th and Mill Intersection Improvements to Colacurcio Brothers Inc. of Bellingham, Washington 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 $236,222.00, which includes any applicable WSST. MOTION CARRIED 7-0. 21609 4. Bid Award for E North Street (EV-125) and E Oregon Street (EV-139) Phosphorus Reduction Retrofit Bid 7B-2017 Terry Bornemann / Roxanne Murphy moved to award Bid No. 7B-2017 for E. North Street and E. Oregon Street Phosphorous Reduction Retrofit Bid to Colacurcio Brothers Inc. of Bellingham, Washington 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 $788,668.50, which includes any applicable WSST. MOTION CARRIED 7-0. Lake Whatcom Reservoir and Natural Resources 21610 1. Participation in Puget Sound Energy's Green Direct Program Presentation during Committee. Puget Sound Energy has a program called Green Direction that allows for purchase of renewable energy from a new wind farm that will be available to municipal customers soon. The wind farm is anticipated to come online in 2019. Information only. Parks and Recreation 21611 1. Bid Award for Central Ave Pier Public Access Improvements: Pier Construction, Bid #11B-2017 City of Bellingham Regular City Council Meeting Page 5 of 10 5/8/2017  April Barker / Roxanne Murphy moved to award Bid No. 11B-2017 for Central Avenue Pier Public Access Improvements to RAM Construction General Contractors LLC, of Bellingham, Washington, 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 $1,141,959.38, which includes any applicable WSST. MOTION CARRIED 7-0. Community and Economic Development 21619 1. Resolution Authorizing 2017 HUD Annual Action Plan Presentation during Committee. The 2017 HUD Annual Action Plan explains where the funds are being directed to, what housing is being worked on, and the projects that are upcoming. The Action Plan is posted online. Pinky Vargas / Dan Hammill moved final approval of Resolution # 2017-23. MOTION CARRIED 7-0. Committee Of The Whole 21612 1. Annual Report from the Commission Against Domestic Violence Presentation during Committee. Services are delivered by many different agencies and the City partners with those agencies, particularly the faith communities. Information only. 21587 2. A Resolution to Form a Regional Fire Authority Planning Committee Michael Lilliquist / Gene Knutson moved final approval of Resolution # 2017-24. MOTION CARRIED 7-0. Council Member Lilliquist and Council Member Bornemann were selected to sit on the board of the Regional Fire Authority Planning Committee. 21266 3. Proposed Jail Facility Use Agreement Presentation during Committee. Key terms of the proposal were discussed. No terms have been agreed upon. Information only. 21593 4. An Ordinance Authorizing $23,854,031.15 in Reappropriations for Goods and Services Ordered in 2016, but Unpaid at Year End City of Bellingham Regular City Council Meeting Page 6 of 10 5/8/2017  Discussion during Committee on amendments that were made. Michael Lilliquist / Pinky Vargas moved approval for first and second reading. MOTION CARRIED 7-0. 5. Approval of City Council Committee and/or Special Meeting Minutes Gene Knutson / Pinky Vargas moved approval of the April 24, 2017 minutes of the regular City Council meeting as submitted. MOTION CARRIED 6-0-1, Dan Hammill abstained. 6. Old/New Business Rick Sepler, Planning and Community Development Director, reported that though the Roeder Ave site for the low barrier homeless shelter is no longer available to the City, the Lighthouse Mission is still willing to partner with the City to come up with another site for a shelter. In the meantime, the City is working with the Lighthouse Mission to provide temporary space to house persons experiencing homelessness. Executive Session - Report and Action only. 1. Litigation: Rideout v. City of Bellingham and David Frick Litigation: Rideout v. City of Bellingham and David Frick: Staff provided information on a litigation matter. Under Bellingham Municipal Code 4.16.080 and state law, an employee whose actions are intentional or willful and wanton, or were not performed in the scope of the employee's duties, is not entitled to be held harmless, indemnified or defended by the City in a suit for damages that results from the employee's actions. The City Council is responsible for determining whether the actions of an employee that give rise to a suit warrant defense and indemnification. Action: Michael Lilliquist / Gene Knutson moved to find that the actions of David Frick as alleged in this lawsuit were intentional, willful, wanton, and not within the scope of his official duties as a City employee and that the City therefore will not provide him with a hold harmless, indemnification, or legal defense in this matter. MOTION CARRIED 7-0. 2. Collective Bargaining Strategy Session: Fraternal Order of Police Staff provided information regarding a labor relations bargaining strategy. Direction given. No action taken. City of Bellingham Regular City Council Meeting Page 7 of 10 5/8/2017  3. Collective Bargaining Strategy Session: Teamsters Local no. 231 Staff provided information regarding a labor relations bargaining strategy. Direction given. No action taken. 4. Potential Litigation and Potential Property Acquisition Staff provided information on this matter. For information and discussion only. No action taken. Mayor's Report Standing time for briefings, updates and reports to Council by the Mayor, if needed. Information only. 21613 1. Mayor's Appointment of Beth Boyd to the Bellingham-Whatcom County Commission Against Domestic Violence (Information) The Mayor appoints Beth Boyd to her first partial term on the Bellingham Whatcom County Commission Against Domestic Violence, which will expire on January 31, 2021, at which time she may be reappointed. Information only. 21614 2. Mayor's Appointment of John Paul Van Mieghem, MD to the Transportation Commission (Approval) Roxanne Murphy / Gene Knutson moved approval of the Mayor's appointment of John Paul Van Mieghem, MD, to his first full term on the Transportation Commission, which will expire on May 8, 2020, at which time he may be reappointed. 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. 21615 1. Consideration of Final Plat Approval for Division 2 of the E8-E9 Preliminary Plat Roxanne Murphy / Gene Knutson moved final approval of Resolution # 2017-25. MOTION CARRIED 7-0. City of Bellingham Regular City Council Meeting Page 8 of 10 5/8/2017  21616 2. Authorization of A/P Checks Issued April 21, 2017 21617 3. Authorization of A/P Checks Issued April 28, 2017 21618 4. Authorization of Payroll Labor Cost Payments Dated April 11, 2017 - April 25, 2017 Roxanne Murphy / Gene Knutson moved approval of the Consent Agenda in its entirety. MOTION CARRIED 7-0. Final Consideration of Ordinances 21593 1. An Ordinance Authorizing $23,854,031.15 in Reappropriations for Goods and Services Ordered in 2016, but Unpaid at Year End Roxanne Murphy / 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 # 2017-05-010 21594 2. An Ordinance Authorizing $12,944,281.92 in Reappropriations for Goods and Services Budgeted in 2016, but Unencumbered at Year End Roxanne Murphy / 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: MOTION CARRIED and was thereafter named Ordinance # 2017-05-011 City of Bellingham Regular City Council Meeting Page 9 of 10 5/8/2017  21595 3. An Ordinance Adjusting Estimated 2017-2018 Budgeted Beginning Reserves by $60,704,320 Pinky Vargas / 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 # 2017-05-012 Adjournment There being no further business, the meeting was adjourned at 9:13 pm. Michael Lilliquist, Council President ATTEST: Elisabeth Oakes, City Clerk Representative APPROVED: 5/22/2017 City of Bellingham Regular City Council Meeting Page 10 of 10 5/8/2017