City Council - Regular Meeting

City of Bellingham City Council Regular Meeting Minutes January 22, 2018, 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 210 Lottie Street, Bellingham, WA, unless otherwise noted. Roxanne Murphy Call to Order The meeting was called to order by Council President Murphy at 7:00 p.m. Announcements & Upcoming Meetings: Bellingham City Council meets all requirements of the State of Washington Open Public Meetings Act. On Monday, February 12, 2018, at 7 p.m. there will be a public hearing regarding parking removal on Roeder Avenue. Pledge of Allegiance Led by Council President Murphy. Roll Call Present: Council President Roxanne Murphy, At Large Council Member April Barker, First Ward Council Member Gene Knutson, Second Ward Council Member Dan Hammill, Third Ward Council Member Pinky Vargas, Fourth Ward Council Member Terry Bornemann, Fifth Ward Council Member Michael Lilliquist, Sixth Ward Presentation 21840 1. Presentation - Punta Arenas Exchange Students Mayor Linville introduced students, Fernanda Barrientos, Emilia Cortes, Daniela Utreras, David Gamin of Punta Arenas, Chile, our Sister City. The students are studying at Sehome High School. City of Bellingham Regular City Council Meeting Page 1 of 11 1/22/2018 Minutes Public Hearing 21841 1. Resolution Authorizing Relinquishment of a Surplus Utility Easement Located Within Vacated East Oak Street Ted Carlson, Public Works Director, gave an overview of the requested relinquishment. Staff determined it is surplus to the City's needs and recommended relinquishment of the easement. Council President opened the public hearing. No citizens spoke and the public hearing was closed. Gene Knutson / Dan Hammill moved final approval of Resolution #2018-01. MOTION CARRIED 7-0. 15-Minute Public Comment Period Jim Peterson, President of Homes Now, Not Later expressed frustration with requests he presented to city staff and the mayor for consideration. He explained that Homes Now will go ahead with their plan without the City. Doug Gustafson, of Homes Now, Not Later, warned that the homeless crisis will get worse because there is a lack of leadership on a national level. He feels there must be a creative way to help solve the lack of housing for those experiencing homelessness and we must think "outside of the box" rather than do sweeps of homeless camps. Ingela Abbott, relayed that throughout her travels she has not seen as much homelessness in other countries as there are here at home. She feels it is shameful that we have many homeless people in our society. She listed things that we need for affordable housing, mental help including counseling, and drug rehabilitation. Daniel Starnes, discussed the homeless population in the downtown area and feels that we have failed as a community. There is no help on a federal level so the local government must help. He expressed that the City of Bellingham could be a leader in ending homelessness if we use creative ways to do solve it. John Jolly, volunteers with Homes Now, Not Later. He relayed that they are currently working on a plan for an organized encampment to house the homeless. He shared a story of a person he took in over Christmas who was unhoused. Lynn Allen, feels Bellingham could become a model city for solving homelessness. She feels the sweeping of camps is not an effective way to help them. City of Bellingham Regular City Council Meeting Page 2 of 11 1/22/2018 Minutes  Anton Ziska, expressed surprise at how many homeless are in our city and shared the volunteer work that happens at the Opportunity Council called COFFEE AND SANDWICHES TOGETHER (CAST). Joanne Patters, relayed her experience with helping the homeless. Michael Stoothoff, relayed the hardships of homeless persons. He would like more programs for those experiencing homelessness. He suggested the old Aloha site that could be a site for Homes Now, Not Later. Seth Mangold, spoke in support of the Camp Out at City Hall last month. Margaret Hashmi, suggested we provide lockers to help those experiencing homelessness. She feels that is a good place to start. Maureen Darras, spoke about how many persons have come with solutions but feels they are not heard and implemented. Kelli Hall, would like more than a shelter, would like more choices for the homeless. Andi Douglass, supports Homes Now, Not Later. Jamie Douglass, feels homelessness is caused by public policies that fail persons. Feels that we can do more to prevent homelessness. Carmen Gilmore, listed ways we can help the homeless population. She suggested affordable housing, designated housing for Section 8 voucher holders, access to toilets and free storage, a safe place to park vehicles and a place to camp, land to build tiny homes, access to free child care and jobs. Lou Peterson, H/R director at Evergreen Supported Living, relayed his concern about the crosswalk on Fraser Street on behalf of Dale Whipple. Mr. Whipple is a resident there and is concerned about caution & safety and needs to get across the street safely. He brought forth a petition from people who signed to have a crosswalk installed in the area. Amy Glasser, relayed things the City could do to help the homeless. Zak Nelson, mocked the City's efforts to help the homeless. Shelly Grant, spoke on homelessness. Kody Bosch, relayed his story about someone he attended high school with that passed away living on the street. City of Bellingham Regular City Council Meeting Page 3 of 11 1/22/2018 Minutes  Jamie Cornell, reported that the Bellingham Herald had an article that cited Bellingham as the number one city for foreign investments, which drives up our taxes and cost of living. On another topic, he is looking for guidance on 32nd Street. He believes there is too much traffic. There is a need to consider lowering the speed limit. Council Standing Committee Meetings: Public Works and Natural Resources Gene Knutson, Chair Terry Bornemann; Michael Lilliquist 21842 1. Bid Award for James Street Water Quality for Sunset Drive, Bid 54B-2017 Gene Knutson / April Barker moved to award Bid No. 54B-2017 for James Street Water Quality for Sunset Drive to Tiger Construction of Everson, 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 $169,225.00, which includes any applicable WSST. MOTION CARRIED 6-0, Michael Lilliquist excused. 21848 2. Bid Award for the 2017 Watermain Improvements EW-0231 Bid #53B-2017 Gene Knutson / Dan Hammill moved to award Bid No. 53B-2017 for the 2017 Watermain Improvements EW-0231 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 $1,797,869.55, which includes any applicable WSST. MOTION CARRIED 7-0. 21820 3. Water District 7 Request for Service for Gradual Valley II Short Plat The City's received a request on October 17, 2017 to authorize Whatcom County District 7 to provide service to three lots to be created by the Gradual Valley II Cluster Short Plat, located outside the City's UGA at 1915 Academy Road in the Lake Whatcom watershed. Given the City's policy to limit the number of potential new development units in the watershed, staff recommends that Council not authorize WD7 to provide water service to the three new lots to be created by the Gradual Valley II Cluster Short Plat. Gene Knutson / Dan Hammill moved to recommend denial of service. MOTION CARRIED 7-0. City of Bellingham Regular City Council Meeting Page 4 of 11 1/22/2018 Minutes 21843 4. Appeal of a Latecomer Assessment for 1200 Block of Powell Street An appeal of a latecomer's assessment for the partial reimbursement of the cost of construction of a sewer main and street was submitted to the Hearing Examiner. Ordinance no. 2001-01-003 directs an appeal first to the Hearing Examiner for recommendation then to the City Council for final review and decision. The Hearing Examiner conducted an open record hearing on the appeal on December 3, 2017. Gene Knutson / Terry Bornemann moved to uphold the hearing examiner's recommendation. MOTION CARRIED 7-0. 21844 5. Industrial Pretreatment Program Delegation Ted Carlson, Public Works Director, explained the industrial pre-treatment program. Currently the Department of Ecology administers this program but is moving to delegate the program to the City. City staff is in support of the program and is moving forward on the timing of taking over the program. Information only. Justice April Barker, Chair Pinky Vargas; Daniel Hammill 21815 1. Presentation by the Office of Civil Legal Aid Presentation during Committee. The Office of Civil Legal Aid (OCLA) presented on the legal challenges experienced by low income residents of Bellingham and Whatcom County and the services provided by the NW Justice Project and Law Advocates of Whatcom County. They reported that more than 70% of the state's low income households experience at least one civil legal matter each year. Due to more state funding, the NW Washington Justice Project will be hiring two more full time employees. Information only. Public Safety Terry Bornemann, Chair Gene Knutson; Dan Hammill 21845 1. Interlocal Agreement For First Response Emergency Medical Services Dan Hammill / Gene Knutson moved to authorize the Mayor to enter into an interlocal agreement between the City of Bellingham and Whatcom County for First Response Emergency Medical Services. MOTION CARRIED 7-0. City of Bellingham Regular City Council Meeting Page 5 of 11 1/22/2018 Minutes Parks and Recreation Pink Vargas, Chair Gene Knutson; Michael Lilliquist 21823 1. An Ordinance Amending BMC 19.04 Park Impact Fees to Update the Park Impact Fee Formula Pinky Vargas reported that the park impact fees were reduced from 35% based on the ELOS (existing level of service) to 31% as recommended by staff. Pinky Vargas / Gene Knutson moved for first and second reading. MOTION CARRIED 5-2. Opposed: Dan Hammill, Terry Bornemann Committee Of The Whole Roxanne Murphy, Chair April Barker; Gene Knutson; Daniel Hammill; Pinky Vargas; Terry Bornemann; Michael Lilliquist 21778 1. Work Session Regarding Ordinance Adopting Protections for Residential Tenants April Barker / Gene Knutson moved to forward the ordinance to a work session for further discussion at the next meeting. MOTION CARRIED 6-1. Opposed: Michael Lilliquist 21561 2. A Briefing on the Update to the 2009 Annexation Phasing Plan Presentation during Committee. At the February 26, 2018 meeting this item will be discussed in greater detail. Information only. 21846 3. An Interdepartmental Presentation on the City's Response to Addressing Homelessness in Bellingham Council members listed many concerns about ways to help homeless persons. Information only. 4. Approval of Minutes Michael Lilliquist / April Barker moved approval of the January 8, 2018 minutes of the regular City Council meeting as submitted. MOTION CARRIED 7-0. City of Bellingham Regular City Council Meeting Page 6 of 11 1/22/2018 Minutes  5. Old/New Business Pinky Vargas announced that she will attend the Association of Washington Cities this week. The meeting will focus on energy efficiency and she will share what Bellingham has done to lower energy consumption as well as the work that was done to compete for the Georgetown Energy Prize. Michael Lilliquist reported on the development of the Regional Fire Authority Planning Committee. It would have to be approved by Council and then go to the public for a vote. If approved, it means the City of Bellingham would no longer have a Fire department, but would combine with Fire District 8, and have a separate tax basis. April Barker thanked the First Congregational Church of Bellingham for hosting and providing filing assistance with tax preparation. Gene Knutson relayed that last weekend he was able to attend a Sister City potluck luncheon Saturday. They were sending off some teams to go Tateyama, Japan. Roxanne Murphy announced that today is the Nooksack Indian Tribe Treaty Day, a day which created legal sovereignty of the individual tribes of Whatcom County. Executive Session - Report and Action only. 1. Potential Property Acquisition Potential Property Acquisition: Staff provided information on a potential property acquisition matter. For information and discussion. No action taken. 2. Potential Property Acquisition Staff provided information on a potential property acquision matter. For information and discussion. No action taken. 3. Litigation City of Bellingham v. Department of Ecology - PCHB #17-108: Staff provided information on a litigation matter. For information and discussion. No action taken. 4. Potential Litigation Staff provided information on a potential litigation matter. For information and discussion. No action taken. City of Bellingham Regular City Council Meeting Page 7 of 11 1/22/2018 Minutes  5. Collective Bargaining: Review Proposal for the Fraternal Order of Police Labor Negotiations with the Fraternal Order of Police: Staff provided information on the proposed collective bargaining agreement between the City and the Fraternal Order of Police. Action: April Barker / Pinky Vargas moved to ratify the agreement with the following general terms: WAGE INCREASES: 2.0% January 1, 2018 Lieutenant base rate of pay will be set at 15.5% above top step Sergeant base rate of pay (Step C) January 1, 2019 Lieutenant base rate of pay will be set at 16% above top step Sergeant base rate of pay (Step C) January 1, 2020 Increase Bachelor's Degree Premium by 1% to a total of 5% Increase Longevity at 20 year and 25 years each by 1.5% BENEFITS: Increase in the City's contribution to Medical Health Care at 6% in each 2018, 2019, and 2020. MOTION CARRIED 7-0. Mayor's Report Standing time for briefings, updates and reports to Council by the Mayor, if needed. Information only. Mayor Linville appointed Chief Bill Hewitt to the Whatcom County EMS Technical Advisory Board. Information only. The Mayor thanked all who came to speak for the vulnerable population, the unhoused persons in our community. We have people who are willing to help with lockers and tent cities but we still need to find a location. She brought forth an emergency ordinance. The ordinance states: "An ordinance of the City of Bellingham, relating to land use and zoning; declaring an emergency; adopting interim zoning regulations for the siting, establishment, and operation of temporary tent encampments; and setting twelve months as the effective period of the interim zoning regulations to allow the City to study the land use impacts of such uses." City of Bellingham Regular City Council Meeting Page 8 of 11 1/22/2018 Minutes  Michael Lilliquist / Dan Hammill moved to approve the emergency ordinance. The ordinance thereafter was named Ordinance #2018-01-001. MOTION CARRIED 6-1. Opposed: Roxanne Murphy 21847 1. Mayor's Reappointment of Denise Snyder to the Bellingham Arts Commission (Approval) Terry Bornemann / Dan Hammill moved approval of the Mayor's reappointment of Denise Snyder to the Bellingham Arts Commission. This is her sixth term, which will expire on January 1, 2021. MOTION CARRIED 7-0. 21849 2. Mayor's Appointment of David Falk and Lisa Distler to the Historic Preservation Commission (Approval) Terry Bornemann / Dan Hammill moved approval of David Falk and Lisa Distler to the Historic Preservation Commission. This is the first term for both of them, which will expire on January 22, 2021, at which time they may be reappointed. MOTION CARRIED 7-0. 21850 3. Mayor's Appointment of Jeff Daffron to the Lake Whatcom Watershed Advisory Board (Approval) Dan Hammill / Gene Knutson moved approval of Jeff Daffron to the Lake Whatcom Watershed Advisory Board. This is his first term, which will expire on January 22, 2021, at which time he may be reappointed. MOTION CARRIED 7-0. 21851 4. Mayor's Appointment of Michael Brunt and Cheryl Kelly to the Mayor's Neighborhood Advisory Commission (Information) The Mayor appoints Michael Brunch and Cheryl Kelly to the Mayor's Neighborhood Advisory Commission. This is Michael Brunt's first partial term, which will expire on June 8, 2018, at which time he may be reappointed. This is Cheryl Kelly's first term, which will expire on December 27, 2019, at which time she may be reappointed. Information only. 21852 5. Mayor's Appointment of Kathleen Morton and Michael Watson to the Community Development Advisory Board (Information) The Mayor appoints Kathleen Morton and Michael Watson to the Community Development Advisory Board. This is Kathleen Morton's first partial term, which will expire on October 1, 2019, at which time she may be reappointed. This is Michael City of Bellingham Regular City Council Meeting Page 9 of 11 1/22/2018 Minutes  Watson's first partial term, which will expire on October 1, 2019, at which time he may be reappointed. Information only. 21853 6. Mayor's Appointment of Janet Ott and Joan Drinkwin to the Sehome Hill Arboretum Board of Governors (Information) The Mayor appoints Janet Ott and Joan Drinkwin to the Sehome Hill Arboretum Board of Governors. This is Janet Ott's first term, which will expire on December 18, 2020. This is Joan Drinkwin's first term, which will expire on February 9, 2021. Information only. 21854 7. Mayor's Reappointment of Riannon Bardsley and Katie Plewa to the Bellingham-Whatcom County Commission Against Domestic Violence (Information) The Mayor reappoints Riannon Bardsley and Katie Plewa to the Bellingham-Whatcom County Commission Against Domestic Violence. This is Riannon Bardsley's first full term, which will expire on January 31, 2022, at which time she may be reappointed. This is Katie Plewa's first full term, which will expire on January 31, 2022, at which time she may be reappointed. Information only. 21855 8. Mayor's Reappointment of Susan Gribbin to the Bellingham Housing Authorities Board of Commissioners (Information) The Mayor reappoints Susan Gribbin to the Bellingham Housing Authorities Board of Commissioners. This is her second term, which will expire on January 14, 2023, at which time she may be reappointed. Information only. 21856 9. Mayor's Reappointment of Brad Burdick, Todd Elsworth, Drew Schmidt and Connie Shannon to the Tourism Commission (Information) The Mayor reappoints Brad Burdick, Todd Elsworth, Drew Schmidt and Connie Shannon to the Tourism Commission. This is Brad Burdick's, Toddd Elsworth's and Drew Schmidt's fourth term, which will expire on December 31, 2020. This is Connie Shannon's third term, which will expire on December 31, 2020. 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. 21857 1. Interlocal Agreement Between Bellingham Housing Authority and City of Bellingham Police Department for a Detective City of Bellingham Regular City Council Meeting Page 10 of 11 1/22/2018 Minutes 21858 2. Authorization of Payroll Labor Cost Payments Dated November 23, 2017 - December 8, 2017 21859 3. Authorization of Payroll Labor Cost Payments Dated December 9, 2017 - December 22, 2017 21860 4. Authorization of Payroll Labor Cost Payments Dated December 23, 2017 - January 10, 2018 21861 5. Authorization of A/P Checks Issued January 5, 2018 21862 6. Authorization of A/P Checks Issued January 12, 2018 Gene Knutson / Dan Hammill moved approval of the Consent Agenda in its entirety. MOTION CARRIED 7-0. Final Consideration of Ordinances 21825 1. An Ordinance Adopting a "Limited Amendment" to the City's Shoreline Master Program 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: Murphy, Barker, Knutson, Hammill, Vargas, Bornemann, Lilliquist NAYS: (None) EXCUSED: (None) MOTION CARRIED and was thereafter named Ordinance #2018-01-002. Adjournment There being no further business, the meeting was adjourned at 9:18 pm. Roxanne Murphy, Council President ATTEST: Elisabeth Oakes, City Clerk Representative APPROVED: 2/12/2018 City of Bellingham Regular City Council Meeting Page 11 of 11 1/22/2018 Minutes