City Council - Regular Meeting

City of Bellingham City Council Regular Meeting Minutes 10/09/2017, 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, October 23 at 7 p.m. in Council Chambers, there will be a Public Hearing for the consideration of a request to adopt an Institutional Master Plan for the Whatcom Community College. Bellingham City Council meets all requirements of the State of Washington Open Public Meetings Act. Pledge of Allegiance Led by Council President Lilliquist. 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 10 10/09/2017  Public Hearing 21735 1. Public Hearing to Consider Resolution Authorizing Relinquishment of a Surplus Utility Easement Located Within Vacated Taylor Avenue Between the Easterly Line of 10th Street to the Westerly Line of 29th Street Ted Carlson, Public Works Director, explained that staff has determined the easement is surplus to our needs. This is a partial relinquishment of a public utility easement that exists over a portion of vacated Taylor Street between the easterly line of 10th Street and westerly line of 29th Street. Council President Lilliquist opened the public hearing. No citizens spoke and the public hearing was closed. Gene Knutson / Dan Hammill moved final approval of Resolution # 2017-36. MOTION CARRIED 7-0. 15-Minute Public Comment Period Janet Marino, spoke in support of an ordinance that prohibits source of income discrimination for persons who apply for a rental residence {AB #21621}. Chris Deile, clarified a story that he relayed at the July 10, 2017 City Council Meeting about a 10-year old girl that was attacked by a black bear, instead of a grizzly bear. He spoke about the dangers of bear attacks. Giovanna Orecchio, urged Council to pass an ordinance that prohibits source of income discrimination for rentals. {AB #21621} Hill Cummings, relayed that he just came back from a summit where he learned other cities in Washington state are looking into drafting ordinances that would prohibit landlords from rejecting rental applications based on source of income. He stated that if enough cities in the state pass ordinances of this kind, the state would likely follow and make a law statewide to ban source of income discrimination for rental properties. {AB #21621} Paul Leuthold, President of the Lake Padden Senior Men's Club, reported that the golf course is financially sustainable and has never received a subsidy from the City of Bellingham. The golf course also subsidizes youth sports programs within the City of Bellingham. Sehome and Bellingham High School use the course as their home golf course and play at reduced rates and competing leagues play for free at their matches. City of Bellingham Regular City Council Meeting Page 2 of 10 10/09/2017  He urged Council to grant the exemption to the City's living wage requirement for the management of Lake Padden Golf Course. {AB #21754} Greg Winter, shared what a friend of his has experienced in the City of Vancouver, Washington, after passing an ordinance that prohibits renters from being discriminated against due to source of income. Two years later, after passing the ordinance he reported that persons with vouchers now have access to more rental inventory, more aid from non-profits to help persons find housing, and more dialogue in general about how property managers and renters can work together. {AB #21621} John Harmon, Director of Whatcom County Housing Authority, thanked landlords who do take Section 8 vouchers stating also that odds are against those who hold vouchers. He spoke in favor of a source of income discrimination ordinance. {AB #21621} Stephen Gockley, relayed that he has owned a home in Bellingham for 29 years. He stated that in all that time he has lived here, he has not seen the rental and affordability situation as bad as it is presently. Spoke in favor of a source of income discrimination ordinance to pass that would aid in reducing barriers that persons have who are trying to obtain housing. {AB #21621} Betsy Pernotto, voiced her support of banning income source discrimination against renters. She also suggested that the City ban increases of rent that are higher than the rate of inflation. {AB #21621} Emily O'Connor, Director of the Lydia Place, spoke in favor of passing a source of income discrimination ordinance. {AB #21621} Adrienne Solenberger, Landlord Liaison with the Opportunity Council, stated that marketing discrimination and income discrimination are not acceptable. She encouraged Council to pass an ordinance that would ban source of income discrimination for persons who hold vouchers for rental housing. {AB #21621} Brian Estes, spoke about land use policies that promote urban density. Many single- family neighborhoods do not allow density. He would like to see that changed to allow for more in-fill to prevent urban sprawl. Anna Kemper, Local Issues Liaison for Western Washington University, listed all the reasons why she likes to call Bellingham home. However, the lack of affordable housing is a problem for many and she urged Council to pass a source of income discrimination ordinance. {AB #21621} City of Bellingham Regular City Council Meeting Page 3 of 10 10/09/2017  Paul Moore, spoke about housing problems, and finding a new place to live that will take Section 8 vouchers. He asked Council to pass a source of income discrimination ordinance. {AB #21621} David Henken, staff attorney for Law Advocates. He wished to lend support for an ordinance to ban a source of income discrimination. {AB #21621} Pearl Follett, feels the increase of deer encounters is because of the lack of natural open spaces, not due to people feeding them. She described the increase of construction as an example of destruction of their natural habitat. She spoke against the ordinance to prohibit feeding deer and raccoons. {AB #21715} Thelma Follett, feels that we need a complete care of deer ordinance instead of banning feeding the deer. She requested that the ordinance be tabled for further study and long-term solutions that do not fine citizens and examine how development is harming wildlife. {AB #21715} Ed Moran, supports an ordinance to ban source of income discrimination. He relayed a history of rent increase in Silicon Valley where he grew up. He warned that Bellingham appears to be facing the same situation and warned that people will move further away and increase traffic, decrease in quality of life. {AB #21621} Michelle Ewing, spoke in favor of an ordinance that would ban income discrimination. {AB #21621} April McCabe, Housing Case Manager of the Opportunity Council, thanked Council for their efforts to pass an ordinance that would ban income discrimination. {AB #21621} Hannah Fishman, member of the Bellingham Tenants Union, spoke in favor of an ordinance that bans source of income discrimination. {AB #21621} Also spoke in support of lengthening the time frame for rent increases. Cora Cole, stated that recipients of Section 8 vouchers are many times disabled or veterans. She explained that by passing a source of income discrimination ordinance this will help those who are receiving vouchers, especially the most vulnerable of our community. {AB #21621} Everett Barton, thanked Council and the Opportunity Council and Law Advocates because he has received help from those agencies. He spoke about political will of the people. Sandy Frederick, member of Twilight League from the Lake Padden Golf Course, urged that Premier be selected as the company to manage the golf course. {AB #21754} City of Bellingham Regular City Council Meeting Page 4 of 10 10/09/2017  Bob Burr, spoke against the ordinance that prohibits feeding deer. He relayed that we are already an over regulated city and we do not need another law. {AB #21715} Council Standing Committee Meetings: Planning 21621 1. Follow Up to Discussion of Rental Barrier Issues Presentation during Committee. Gene Knutson / Pinky Vargas moved the topic of source of income discrimination for rentals to the full Council for discussion and to develop an ordinance for consideration. MOTION CARRIED 6-0-1, Terry Bornemann excused. Gene Knutson / Dan Hammill moved to include in the draft ordinance an exemption for persons who are renting a portion of a single-family dwelling when the owner or person entitled to possession of the dwelling maintains a permanent residence of the dwelling. MOTION CARRIED 7-0. Gene Knutson / Pinky Vargas moved to also include in the ordinance that there be a provision of a 60-day notice of eviction to renters if there is no good cause. And a 60- day notice of rent increase if the increase is 10% or higher. MOTION CARRIED 7-0. 21672 2. Committee Discussion of Potential Approaches and Techniques to Provide Additional Housing Choice in Bellingham Presentation during Committee. Information only. Justice 21736 1. Alternatives to Incarceration Discussion during Committee. Darlene Peterson, Municipal Court Administrator, and Ryan Anderson, Lead Prosecutor, presented on jail alternatives and diversion programs that the Bellingham Municipal Court offers. Information only. Public Works / Public Safety 21737 1. Bid Award for Granary Avenue and Laurel Street WF-1011, Bid 69B- 2016 City of Bellingham Regular City Council Meeting Page 5 of 10 10/09/2017  Terry Bornemann / Roxanne Murphy moved to award Bid No. 69B-2016 for Granary Avenue and Laurel Street 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 $8,710,938.08, which includes any applicable WSST. MOTION CARRIED 7-0. 21700 2. Amendment to Interlocal Agreement Between the City of Bellingham and the Port of Bellingham for Port Utility Infrastructure Installation Associated with the Granary Avenue and Laurel Street Project Terry Bornemann / Gene Knutson moved to authorize the Mayor to enter into an amendment to the interlocal agreement (Contract #2017-0552) between the City of Bellingham and the Port of Bellingham for Port Utility Infrastructure Installation Associated with the Granary Avenue and Laurel Street Project. MOTION CARRIED 7-0. Finance and Personnel 21738 1. Receipt and Spending of a Port Security Grant from US Department of Homeland Security in the Amount of $194,456 Roxanne Murphy / Dan Hammill moved to approve the receipt and spending of grant funds in the amount of $194,456.00 through US Department of Homeland Security Port Security Program to be used to fund a trailer mounted ARC 6 GT containment vessel to be used to improve the safe disposal and transport capabilities of our agency's Hazardous --Devices Unit when dealing with high risk materials. MOTION CARRIED 7-0. Parks and Recreation 21739 1. Easement for Public Access and Termination of Existing Easement for Trail Corridor Next to Bellingham Options High School April Barker / Roxanne Murphy moved to approve the easement for public access and termination of existing easement for the trail corridor next to Bellingham Options High School. MOTION CARRIED 7-0. 21740 2. Bid Award for Whatcom Waterway Park (Waypoint Park), Bid #38B- 2017 City of Bellingham Regular City Council Meeting Page 6 of 10 10/09/2017  April Barker / Roxanne Murphy moved to award Bid No. 38B-2017 for Whatcom Waterway Park (Waypoint Park) to Strider Construction Company, 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 $2,048,317.47, which includes any applicable WSST. MOTION CARRIED 7-0. Community and Economic Development 21741 1. Assessment of Fair Housing Update and Discussion Presentation during Committee. The draft Assessment of Fair Housing Update is open for public comment through October 16, 2017. Information only. Committee Of The Whole 21715 1. An Ordinance Prohibiting Feeding of Deer and Raccoons Within the City of Bellingham Presentation and discussion during Committee. Michael Lilliquist / Gene Knutson moved approval for first and second reading. MOTION CARRIED 6-1, April Barker opposed. 21754 2. Approval of an Exemption to the City's Living Wage Requirement for the Management of Lake Padden Golf Course Gene Knutson / Pinky Vargas moved to approve an exemption to the City's living wage requirements for the management of Lake Padden Golf Course. MOTION CARRIED 5-0-2, Terry Bornemann and Dan Hammill abstained. 21742 3. Presentation of the Mid-biennial Adjustments to the 2017-2018 Budget Presentation during Committee. Information only. 21743 4. Work Session on the Proposed 2017-2018 Biennial Budget Changes Discussion will continue on October 23, 2017 in the Mayor's Boardroom. Information only. City of Bellingham Regular City Council Meeting Page 7 of 10 10/09/2017  5. Approval of City Council Committee and/or Special Meeting Minutes Gene Knutson/ Roxanne Murphy moved approval of the September 25, 2017 minutes of the regular City Council meeting as submitted. MOTION CARRIED 7-0. 6. Old/New Business Roxanne Murphy thanked all for passing by resolution the creation of Coast Salish Day in the City of Bellingham in 2014. Terry Bornemann stated that the South Hill and Sehome neighborhoods will be changing from parking stickers and going to a new automated system. He expressed his displeasure with the new system. Executive Session - Report and Action only. 1. Litigation: Flint v. City of Bellingham Litigation: Flint v. City of Bellingham, U.S. District Court Case No. 2:17-cv-00772-RAJ: Staff provided information on a litigation matter. For information and discussion. No action taken. Mayor's Report Standing time for briefings, updates and reports to Council by the Mayor, if needed. Information only. 21744 1. Mayor's Reappointment of Tom Weller to the Transportation Commission (Approval) Roxanne Murphy / Terry Bornemann moved approval of the reappointment of Tom Weller to his final term on the Transportation Commission which will expire on October 24, 2020. MOTION CARRIED 7-0. 21745 2. Mayor's Reappointment of Becca Shew to the Design Review Board (Approval) Terry Bornemann / Roxanne Murphy moved approval of the reappointment of Becca Shew to her second term, on the Design Review Board, which will expire on October 14, 2021, at which time she may be reappointed. MOTION CARRIED 7-0. City of Bellingham Regular City Council Meeting Page 8 of 10 10/09/2017  21746 3. Mayor's Reappointment of Ann Beck to the Community Development Advisory Board (Information) The Mayor reappoints Ann Beck to her first full term, on the Community Development Advisory Board, which will expire on October 1, 2020, at which time she may be reappointed. 21747 4. Mayor's Appointment of Chris Roselli and Anna Kemper to the Mayor's Neighborhood Advisory Commission (Information) The Mayor appoints Chris Roselli as the WWU Administrative Representative to his first partial term on the Mayor's Neighborhood Advisory Commission, which ends on August 19, 2019, at which time he may be reappointed. The Mayor appoints Anna Kemper as the WWU Student Representative to her first term on the Mayor's Neighborhood Advisory Commission, which ends on October 1, 2019, at which time she 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. 21748 1. Authorize Agreement for Inmate Housing 2018 with Yakima County Department of Corrections 21749 2. Consideration of Final Plat Approval for Division 3 of the Highlands Preliminary Plat, Phase 2 Terry Bornemann / Roxanne Murphy moved final approval of Resolution # 2017-37. MOTION CARRIED 7-0. 21750 3. Interlocal Agreement Between The City of Bellingham and The Bellingham School District for the District Resource Officer Program Reimbursement 21751 4. Authorization of A/P Checks Issued September 22, 2017 21752 5. Authorization of A/P Checks Issued September 29, 2017 City of Bellingham Regular City Council Meeting Page 9 of 10 10/09/2017  21753 6. Authorization of Payroll Labor Cost Payments Dated September 9, 2017 - September 25, 2017 Terry Bornemann / Roxanne Murphy moved approval of the Consent Agenda in its entirety. MOTION CARRIED 7-0. Adjournment There being no further business, the meeting was adjourned at 9:00 pm. ____________________________________________ Michael Lilliquist, Council President ____________________________________________ ATTEST: Elisabeth Oakes, City Clerk Representative APPROVED: October 23, 2017 City of Bellingham Regular City Council Meeting Page 10 of 10 10/09/2017