City Council - Regular Meeting

City of Bellingham City Council Regular Meeting Minutes 04/21/2014, 7:00 PM Mayor Kelli Linville Contact: (360) 778-8200, ccmail@cob.org Council Members Jack Weiss, Gene Knutson, Cathy www.cob.org/council Lehman, 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 Announcements & Upcoming Meetings: No new announcements. Pledge of Allegiance Led by Council President Lehman. Roll Call All present. 15-Minute Public Comment Period Leonard Lindstrom shared memories. Rick Hannam spoke in opposition to landlord licensing [rental registration, AB 20382]. Joseph Levy submitted a resolution on behalf of the Associated Students of Western Washington University Board of Directors, entitled "A Resolution Regarding Rental Safety" in support of rental registration [AB 20382]. Ric Ghirardini implored the Council to listen to the Roosevelt Neighborhood citizens asking that a C-curb not be installed on Alabama Street. Samantha Goldblatt spoke in support of rental registration [AB 20382]. She appreciates the gravity of the issue and also the progress made. Landlords have been raising rent because they don't know what will happen with this process and what it is going to cost them. She urged the city to clarify these details so landlords and tenants know how much this is going to cost and can make decisions for next year. City of Bellingham Regular City Council Meeting Page 1 of 8 April 21, 2014  Wendy Harris addressed restoration assessment on the waterfront. She discussed the differences between restoration and mitigation and said that staff is offering a restoration plan for the nearshore. What's needed is, a baseline standard of ecological function, that's quantifiable in the future if there's a loss of ecological function. That will determine whether or not the mitigation standards are adequate. The restoration plan being offered doesn't do that and will not protect against: no net loss, if mitigation standards are adequate, or give a good sense of how we're doing ecologically. Given the problems in Bellingham Bay it's a waste of money to be doing any kind of restoration project in the nearshore without a fuller understanding of what's going on in the bay that it's connected to. Please make sure that we get the baseline comprehensive habitat assessment that is missing. Bob Burr approves of the council's actions regarding landlord registration. However, he is discontent with city's environmental stewardship and noted three items in particular: 1) Permission to proceed with the Planned Development of the wetlands above Hoags Pond without the protection of the CAO was wrongfully vested by a previous planning director and the city chooses to be bound by this prior malfeasance rather than correct it. 2) Lake Whatcom watershed development is the major cause of the deteriorating quality of our water supply so the plans for the city to build a boathouse on the lake at Bloedel Donovan "leave me incredulous". 3) The promised waterfront habitat assessment has not occurred. We have learned that it is a nearshore assessment only and that upland species and connectivity does not matter. Charles Law addressed safety on Alabama Street [AB 20370], including a strategy to employ safety signage and animal detection systems and clear sight lines to decrease vehicle and wildlife collisions along the Alabama corridor and Alabama Hill. Additionally, he reviewed the discussion by staff during committee regarding the speed limit on Alabama Street. Presentation 20380 1. Greenway Advisory Committee Report to Council Tom Slocum, Greenway Advisory Committee, presented. Mr. Slocum reviewed the makeup of the Board, the establishment in 2007 of the Greenway III Levy and how the funds were to be spent according to the guideline summary. The 2011 Strategic Plan Goals for Land Acquisition include:  Link neighborhoods with recreation and conservation land.  Enhance wildlife corridors and scenery.  Equitable siting of greenways around the city, especially in under-served areas. City of Bellingham Regular City Council Meeting Page 2 of 8 April 21, 2014  He reviewed Strategic Plan Goals and explained that the plan identifies fifteen project areas throughout the city. Recently completed projects are: Phase 1 Samish Crest Trail, Boulevard Park Shoreline, Pattle Point Trestle reconstruction and Northridge Park Trails. Projects underway are: Whatcom Creek Burnt Bridge replacement, South Bay Trail crossing at Boulevard Park, Overwater Walkway design and permit and Squalicum Creek Park Phase 3. The Greenways Committee recommends continuing an aggressive acquisition program to buy parcels that are identified in the 2011 Strategic Plan. Information only. Public Works / Public Safety 20381 1. Resolution in support of City's Grant Application to Washington State Historical Society's Heritage Capital Projects Fund "A RESOLUTION IN SUPPORT OF THE CITY'S GRANT APPLICATION TO THE WASHINGTON STATE HISTORICAL SOCIETY'S HERITAGE CAPITAL PROJECTS FUND TO ASSIST WITH REHABILITATION OF THE HISTORIC DOWNTOWN FEDERAL BUILDING." Terry Bornemann / Gene Knutson moved final approval of Resolution #2014-12. MOTION CARRIED 7-0. 20370 2. Work Session on the Alabama Corridor Safety Improvements Direction to staff provided during committee: to meet with neighborhood and have further discussion about the East North option before bringing back to council. Planning 20382 1. A briefing on a draft ordinance to establish a rental registration program Committee scheduled another worksession for the Planning Committee on May 5, 2014. Information only. City of Bellingham Regular City Council Meeting Page 3 of 8 April 21, 2014  Finance and Personnel 20383 1. Budget Amendment "AN ORDINANCE ADDING A NEW CLASSIFICATION TO THE E-TEAM SALARY PLAN AND AMENDING THE 2014 BUDGET BY ADDING ONE NEW POSITION IN THE POLICE DEPARTMENT, POLICE DISPATCH OPERATIONS GROUP, WHERE NO ADDITIONAL APPROPRIATION IS REQUIRED IN THE PUBLIC SAFETY DISPATCH FUND." Michael Lilliquist / Gene Knutson moved to approve for first and second reading. MOTION CARRIED 7-0. Lake Whatcom Reservoir and Natural Resources 20384 1. Follow up discussion about waterfront habitat enhancements Information only. Parks and Recreation 20385 1. Resolution authorizing the City to apply for a grant to develop the Squalicum Creek/Bay to Baker Trail "A RESOLUTION OF THE CITY OF BELLINGHAM AUTHORIZING THE CITY TO APPLY FOR A WASHINGTON WILDLIFE AND RECREATION PROGRAM GRANT FOR SQUALICUM CREEK/BAY TO BAKER TRAIL." Roxanne Murphy / Gene Knutson moved final approval of Resolution #2014-13. MOTION CARRIED 7-0. Committee Of The Whole 20386 1. State Legislative Review Presentation during committee. Information only. City of Bellingham Regular City Council Meeting Page 4 of 8 April 21, 2014  20387 2. Update on the Bellingham-Whatcom County Commission Against Domestic Violence's work in the community Presentation during committee. Information only. 20388 3. Work Session on Business and Occupation Tax Related to Nonprofit Health Care Providers Cathy Lehman / Terry Bornemann moved to schedule a public hearing to hear the Option #1 proposal. MOTION CARRIED 6-1. Opposed: Gene Knutson 20389 4. An ordinance granting a non-exclusive telecommunications franchise to Noel Communications, Inc. "AN ORDINANCE GRANTING NOEL COMMUNICATIONS, INC. A NON- EXCLUSIVE FRANCISE TO CONSTRUCT, OPERATE AND MAINTAIN TELECOMMUNICATIONS FACILITIES FOR THE TRANSMISSION OF TELECOMMUNICATIONS IN, THROUGH, OVER AND UNDER THE RIGHTS- OF-WAY WITHIN THE CITY OF BELLINGHAM." Cathy Lehman / Terry Bornemann moved to approve for first and second reading. MOTION CARRIED 7-0. 5. Approval of Minutes Michael Lilliquist / Jack Weiss moved to approve minutes from April 7, 2014. MOTION CARRIED 7-0. 6. Old/New Business Executive Session 1. Potential Litigation: item cancelled. 2. Potential Litigation: Added to agenda. Staff provided information on the potential litigation matter. Information only. No action taken. City of Bellingham Regular City Council Meeting Page 5 of 8 April 21, 2014  Mayor's Report 20390 1. Mayor's appointment of Daniel Austin to the Bellingham-Whatcom County Housing Authorities Board Information only. 20391 2. Mayor's appointment of Ryan Smith to the Bellingham Sister Cities Advisory Board Information only. 20392 3. Mayor's appointment of Iris Maute-Gibson to the Lake Whatcom Watershed Advisory Board Jack Weiss / Michael Lilliquist moved to approve appointment. MOTION CARRIED 7-0. 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. 20393 1. Authorization of A/P checks issued April 4, 2014 20394 2. Authorization of Payroll labor cost payments March 26 - April 10, 2014 20395 3. Resolution to Accept Loan Agreement for Stormwater Main Replacement and Water Quality Res. #2014-14 "A RESOLUTION AUTHORIZING LOAN AGREEMENT BETWEEN THE CITY OF BELLINGHAM AND THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY FOR THE TEXAS STREET AND COLUMBIA NEIGHBORHOOD WATER MAIN REPLACEMENT PROJECT." 20396 4. Bid Award for Right-of-Way Vegetation Spraying - Bid #12B-2014 20397 5. Bid Award for Alley Grading Equipment Rental and Services - Bid #13B-2014 City of Bellingham Regular City Council Meeting Page 6 of 8 April 21, 2014  Gene Knutson / Terry Bornemann moved approval of the Consent Agenda in its entirety. MOTION CARRIED 7-0. Final Consideration of Ordinances 20375 1. AN ORDINANCE CLOSING THE LOCAL IMPROVEMENT DISTRICT NO. 1106 (BAKERVIEW LID) BOND FUND. 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: BORNEMANN, KNUTSON, LEHMAN, LILLIQUIST, MURPHY, VARGAS, WEISS NAYS: EXCUSED: MOTION CARRIED 7-0 and was thereafter named Ordinance #2014-04-021. 20369 2. AN ORDINANCE AMENDING BELLINGHAM MUNICIPAL CODE (BMC) 20.00.100 LETTERED STREETS NEIGHBORHOOD TABLE OF ZONING REGULATIONS FOR AREA 8, REMOVING THE SPECIAL REGULATION LANGUAGE 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: BORNEMANN, KNUTSON, LEHMAN, LILLIQUIST, MURPHY, VARGAS, WEISS NAYS: EXCUSED: MOTION CARRIED 7-0 and was thereafter named Ordinance #2014-04-022. City of Bellingham Regular City Council Meeting Page 7 of 8 April 21, 2014  Adjournment There being no further business, the meeting adjourned at 8:12 p.m. ____________________________ Cathy Lehman, Council President ____________________________ ATTEST: Linda D. Anderson, City Clerk Representative APPROVED: May 19, 2014 City of Bellingham Regular City Council Meeting Page 8 of 8 April 21, 2014