City Council - Regular Meeting

City of Bellingham City Council Regular Meeting Minutes 06/23/2014, 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:  On July 7th there will be a Public Hearing on the South Neighborhood Area 4 Comprehensive Plan Amendment A Rezone at 7:00 PM in Council Chambers.  On July 7th there will be a Joint Meeting of the Bellingham City Council and the Library Board of Trustees at 1:00 PM in Council Chambers.  On July 21st there will be a Public Hearing related to amending areas 1, 1A, and 8 of the Sunnyland Neighborhood at 7:00 PM in Council Chambers.  On July 21st there will be a Public Hearing related to the 2014-2015 Docketing Request at 7:00 PM in Council Chambers. Bellingham City Council meets all requirements of the State of Washington Open Meetings Act. Pledge of Allegiance Led by Council President Lehman Roll Call Council Member Knutson excused. 15-Minute Public Comment Period Judy Collins, 210 Horton Road still doesn't have city water at her home on Horton Road. She wIll keep trying. Leonard Lindstrom discussed social issues and education. City of Bellingham Regular City Council Meeting Page 1 of 13 6/23/2014  Mary Muller discussed the development on Lincoln Street near Fred Meyer. The residents need to know what's happening and when it's happening. There is currently a terrible problem with drainage, which is only going to get worse with more development in that area. The traffic study was done early in the morning, which is not a true picture of the traffic. Another traffic study should be done. Dick Conoboy took issue with the proposed public comment guidelines. He feels they are overly restrictive, especially the part that says you must speak to the council as a whole. There are times when the public should address a specific council member. The language is overly broad and may be left to interpretation Aileen Satuschek addressed rental registration. She is proposing that instead of utilizing code inspectors and building inspectors from the city, to instead use inspectors certified in Section 8 Housing Quality Standards. If the city assessed $11.66 per unit for the 13,500 rental units it could cover the cost of inspecting each unit every 5 years; and if $25 were assessed each unit could be inspected once every 2-1/2 years with a small reserve fund established. Anne Mackie emphasized that after years of research, public debate and input; it's time for the City Council to approve a rental safety and inspection ordinance. Jim Sutherland has concerns about increased traffic on Lincoln Street. With development, traffic volumes increase exponentially. He asked that the city make the following a priority: a traffic study for the proposed development on the west side of Lincoln be made before any more building permits are approved; the current left turning lane into Lakeway Estates, just south of the crosswalk, not be shortened or eliminated and the city revisit the dangerous conditions at that crosswalk. Charles Herrick cited several incidents where he felt he was treated unfairly by the police department and transit system. He requested liberty and justice for all. Ken Holmes feels the city is spending money to solve a problem that hasn't been established with regard to rentals. Karen Ruggles, Lakeway Mobile Estates, spoke for herself and two neighbors, who live up against the brick wall, which is consistently inundated with water during rainy season. With the new building going in down the street she is concerned about additional water problems. She asked Mr. Bornemann's help to get this resolved. Carole Jacobson said a rental safety program is much needed in the community. City of Bellingham Regular City Council Meeting Page 2 of 13 6/23/2014  Presentation 20462 1. Resolution of Commendation for Dawn Sturwold Jack Weiss / Michael Lilliquist moved final approval of Resolution #2014-24. MOTION CARRIED 6-0. Public Hearing 20463 1. A Public Hearing for consideration of an application for Bureau of Justice Grant in the amount of $25,834 Council President Lehman opened the public hearing. Dick Conoboy has concerns and questions with regard to the grant. He cautioned the council on accepting it at face value. Joy Gilfilen spoke in opposition to the grant. Larry Hildes spoke in opposition to the grant. Karen Weil spoke in opposition to the grant. Dean Tuckerman spoke in opposition to the grant. Bob Burr has mixed emotions about this grant and asked that it be checked over thoroughly before applying. Mayor Linville asked the council to delay action on this item until the Police Chief can explain it further. There being no further comments, the public hearing was closed. Jack Weiss / Pinky Vargas moved to continue the public hearing to July 7 with a staff report and opportunity to ask questions and then entertain further public hearing comments. MOTION CARRIED 5-1, Opposed: Terry Bornemann 20464 2. A Public Hearing to consider adoption of the Downtown Bellingham Plan and associated development regulations Staff presentation by Darby Cowles, Senior Planner. Ms. Cowles described the process of gathering information through the Downtown Bellingham Plan, surveys and discussions with City of Bellingham Regular City Council Meeting Page 3 of 13 6/23/2014  citizens. She described the proposal and implementation strategy, including the ten core visions:  Downtown is a place where people come to play, work, shop and live - a vibrant and important community gathering place.  Downtown is safe and friendly for people of all ages, income levels and cultures.  Downtown continues to serve as an economic engine for the City and region, promoting a diverse economic environment and supports both local entrepreneurial ventures as well as larger businesses.  Downtown is a successful and desirable neighborhood with a variety of housing choices and mix of uses.  Downtown protects and restores natural resources and incorporates environmentally friendly elements into new projects.  Downtown's network of public parks, plazas, trails and open spaces is enhanced and interconnected.  Downtown values its historic buildings and encourages compatible, high-quality new construction.  Downtown’s streets safely accommodate many modes of travel: pedestrians, bicyclists, automobiles, transit and freight.  Downtown has a thriving cultural and arts community, and its lively public spaces are local and regional destinations.  Downtown’s streetscape is active and comfortable day and night, with pedestrian-scale lighting, street trees, landscaping, seating, and other coordinated amenities that establish a distinct identity. The proposal reduces the zoning districts from 23 to five:  Residential Transition-1 (RT-1)  Residential Transition-2 (RT-2) - York Neighborhood  Commercial Transition (CT)  Commercial Core  Industrial Transition (IT) Council President Lehman opened the public hearing. John Templeton has property in the proposed new CT zone, and said it would be a major economic problem for him. He has owned the building at 770 East Holly Street for 20 years and has looked forward to the opportunity to revitalize that part of Bellingham, to put a multi-story building on that property with high-level housing. This does not speak to the plan that Bellingham has been espousing for over ten years of higher density. Therefore, he opposes the plan to rezone that area. He said, there is a real economic taking if the council approves the zoning and he hopes the council will not approve it. Don Hilty-Jones, York Neighborhood Association, read a letter which, overall, supports the plan; however, the Association does not support spot rezones. He referenced the Binyon Vision City of Bellingham Regular City Council Meeting Page 4 of 13 6/23/2014  Center (411 East Magnolia Street), which he believes has applied for a rezone to CT, which would remove restrictions for land use, height limits and setbacks required in the Residential Transition-2 zone. The York Neighborhood recommends no change to this property's zoning designation but does support the option for it to remain in the RT-2 Zone with standard residential-multiple setbacks and height limits of 35'. Going forward, the property owner could seek a variance. James Willson, downtown property owner, said that all drive-through facilities do not present the same and he does not support a blanket exclusion of them. He discussed various options and types of drive-through facilities; one logical format might be a parking exempt zone that could allow drive-through facilities within the Commercial Core and Commercial Transition zones only on designated arterials. Bill Geyer, representing Bellingham Seventh Day Adventist Church, 919 North Forest Street. He asked that the City Council approve the Downtown Bellingham Plan with the proposed designation of RT-1 for the North Forest Street site. He asked the city to consider amending the proposed development regulation for Usable Space in Table 20.37.530, which includes a footnote that allows the bonus in BMC 20.32.040.F.2 of counting 1 s.f. of common recreational usable space as 2 s.f. which gives incentives to the developer if he provides design opportunity to meet the overall density goal in the proposed plan while creating opportunities for common recreational spaces. George Dyson, 425 W. Holly, is very happy to see a stipulation in the plan talking about access to water but there is still no mention of access to Bellingham from the water. Make Bellingham accessible from the water! Bellingham is the only city on the northwest coast where you cannot tie up a boat. It should be in these documents that Bellingham, in the future, becomes part of the waterfront community. Jolie Cole is interested in a community garden downtown. Jim Bjerke, 114 W. Magnolia Street, is pleased with the My Downtown Study and the Downtown Partnership. He suggested:  listening to the comments closely;  the city will have to put funding into this;  the city can remove barriers by providing the private sector with the right incentives;  drive-through facilities are not a positive in the hard commercial space but as you get to the outer rims there should be discretion and that specific type of use should be allowed;  COB does a great job with parking; and  the parking fund is a source to help fund all these things that are going on downtown. He considered things that the Parking Fund has funded and would like the ordinance changed from 'parking' fund to a 'downtown' fund that can only be spent in the downtown. City of Bellingham Regular City Council Meeting Page 5 of 13 6/23/2014  Grant McEathron, 411 E Magnolia, requested that Binyon Vision Center be included in the CT zoning. The existing structure is not an historical property and it was built under a commercial code and it is used as a commercial property. Under RT-2 zoning the existing building is non- conforming. Joy Gilfilen is pleased with the energy towards rebuilding economic sustainability in the downtown core. Tiny businesses are having more trouble being profitable, and parking fees can put people out of business. She asked that in the processing and development of this plan the council do some kind of review of how much is different being in business today as compared to 10-15 years. How can we inspire tiny business investment downtown or cooperative endeavors; or help fund some private local business enterprises? She also believes that there needs to be a waterfront shore connection. There being no further comments, the public hearing was closed. Council Member Murphy left Council Chambers. Terry Bornemann / Pinky Vargas moved to refer item to the Planning Committee at the July 7 meeting. MOTION CARRIED 5-0, Murphy out of Chambers. Staff and council briefly discussed topics to be covered in future discussions including downtown/waterfront connections, wayfinding, details of regulations and council priorities. Council Member Murphy returned to Council Chambers. 20465 3. A Public Hearing for consideration of an Ordinance amending the Multi- Family Tax Exemption Program (Chapter 17.82 BMC) to adjust the boundaries of Targeted Area 1 in the City Center "AN ORDINANCE AMENDING BELLINGHAM MUNICIPAL CODE (BMC) CHAPTER 17.82 TO ADJUST THE BOUNDARIES OF TARGETED AREA 1 IN THE CITY CENTER." Staff presentation by Chris Koch, Planner, who briefly described the amendments and noted this will align the Multi-family Tax Exemption Program with the City Center Design Review district, the Parking District and the Downtown District boundaries. The name "City Center Master Plan Area" is being repealed and replaced as "City Center Area" Council President Lehman opened the public hearing. No citizen's spoke and the public hearing was closed. Terry Bornemann / Jack Weiss moved to approve for first and second reading. MOTION CARRIED 6-0. City of Bellingham Regular City Council Meeting Page 6 of 13 6/23/2014  20466 4. A Public Hearing for consideration of an Ordinance approving minor Waterfront District development code amendments Staff presentation by Chris Koch, Planner, who briefly described the amendments. He noted that the amendments are described as 'housekeeping', and there are no substantive changes. Council President Lehman opened the public hearing. No citizen's spoke and the public hearing was closed. Terry Bornemann / Roxanne Murphy moved to approve for first and second reading. MOTION CARRIED 6-0. BREAK Council President Lehman called the meeting back to order at 10:11 p.m. Public Works / Public Safety 20467 1. Senior Activity Center Parking Interlocal Agreement Terry Bornemann / Jack Weiss moved to authorize the Mayor to enter into an Interlocal Agreement with Whatcom County for Bellingham Senior Activity Center Parking. MOTION CARRIED 6-0. Terry Bornemann / Michael Lilliquist moved to ask the Mayor to find a funding source, other than the Parking Fund, in the 2015-2016 budget for the Senior Activity Center Parking Interlocal Agreement. MOTION CARRIED 6-0. 20468 2. An update on the Police and Fire Department's plan for fireworks education and enforcement Update provided during committee. Information only. 20469 3. Post Point Construction Final Report Report presented during committee. Information only. Planning 20470 1. 2016 Bellingham Comprehensive Plan Update Project City of Bellingham Regular City Council Meeting Page 7 of 13 6/23/2014  Jack Weiss / Roxanne Murphy moved to approve the proposed scope, schedule and public participation plan for the 2016 Comprehensive Plan update project with minor amendments as made during committee. MOTION CARRIED 6-0. Finance and Personnel 20471 1. Budget Amendment to Reclassify One Position in the Planning Department and One Position in the Public Works Department "AN ORDINANCE RELATING TO THE 2014 BUDGET RECLASSIFYING ONE POSITION IN THE PLANNING DEPARTMENT AND ONE POSITION IN THE PUBLIC WORKS DEPARTMENT TO EXISTING CLASSIFICATIONS, WHERE NO ADDITIONAL APPROPRIATION IS REQUIRED AND THERE IS NO CHANGE IN FTE'S." Michael Lilliquist / Roxanne Murphy moved approval for first and second reading. MOTION CARRIED 6-0. Parks and Recreation 20472 1. Bloedel Donovan Park Stormwater and Shoreline Project Update Update provided during committee. Information only. Committee Of The Whole 20473 1. Resolution Adopting City Council Rules of Procedure "A RESOLUTION ADOPTING BELLINGHAM CITY COUNCIL RULES OF PROCEDURE." Michael Lilliquist / Terry Bornemann moved final approval of Resolution #2014-25 as amended during committee and read into the record, of which include, that election of officers and appointment of committees will occur annually. MOTION CARRIED 6-0 as amended. 20474 2. Consideration of a contract for a pro tem Hearing Examiner Cathy Lehman / Michael Lilliquist moved to authorize the Mayor to execute a contract for Pro Tem Hearing Examiner services. MOTION CARRIED 6-0. City of Bellingham Regular City Council Meeting Page 8 of 13 6/23/2014  20475 3. An Ordinance related to the extension of emergency interim zoning related to the cultivation of medical marijuana for personal use and in collective gardens "AN ORDINANCE OF THE CITY OF BELLINGHAM, WASHINGTON, RELATING TO LAND USE AND ZONING, DECLARING AN EMERGENCY AND ADOPTING AND RENEWING INTERIM ZONING REGULATIONS FOR THE CULTIVATION OF MEDICAL CANNABIS (MARIJUANA) FOR PERSONAL USE AND IN COLLECTIVE GARDENS AND SETTING SIX MONTHS AS THE EFFECTIVE PERIOD OF THE INTERIM ZONING REGULATIONS TO ALLOW THE CITY TO STUDY THE LAND USE IMPACTS OF SUCH USES." Cathy Lehman / Jack Weiss moved final consideration of the Emergency Ordinance #2014-06- 036. MOTION CARRIED 6-0. 20476 4. Waterfront District Implementation Status Report Report presented during committee. Information only. 20440 5. Resolution to adopt the 2015-2020 Transportation Improvement Program (TIP) "A RESOLUTION OF THE CITY OF BELLINGHAM, WASHINGTON ADOPTING THE 2015 - 2020 TRANSPORTATION IMPROVEMENT PROGRAM." Jack Weiss / Roxanne Murphy moved to refer to the Public Works/Public Safety Committee for additional discussion regarding the street overlay funding and policy. MOTION CARRIED 6-0. Roxanne Murphy / Pinky Vargas moved final approval of Resolution #2014-26. Michael Lilliquist / Jack Weiss moved to amend the TIP, Project #3, Non-Motorized Transportation Improvements and strike the specific listing of the improvements and only list the dollar amounts for the non-motorized program. MOTION FAILED 3-3, Opposed: Vargas, Bornemann and Murphy Jack Weiss / Michael Lilliquist moved to amend the TIP to delete project #21 Commercial Green Loop, Multi-Modal Improvements (Bloedel Avenue to Shoreline). MOTION FAILED 3-3, Opposed: Lehman, Vargas, Murphy MAIN MOTION (RESOLUTION) CARRIED 5-1, Opposed: Weiss. City of Bellingham Regular City Council Meeting Page 9 of 13 6/23/2014  6. Approval of Minutes Roxanne Murphy / Terry Bornemann moved to approve the June 9, 2014 minutes of the City Council regular meeting as submitted. MOTION CARRIED 6-0. 7. Old/New Business Council Member Weiss noted that Dean Kahn recently wrote an article in The Bellingham Herald discussing the 25th anniversary of curbside recycling, which will occur on July 3rd. Executive Session - Report and action 1. Potential Litigation: Staff provided information on a potential litigation matter. This was for information only. No action taken. Mayor's Report 20477 1. Mayor's appointment of Sue Willis to the Mayor's Neighborhood Advisory Commission as the Fairhaven Neighborhood Alternate Representative Information only. Mayor Linville noted:  The Aquatic Invasive Species program is working well.  Gregg Aucutt has been named Interim Planning Director.  Vanessa Blackburn has been assigned duties of Communications Director.  Ribbon cutting at Post Point on June 24th.  The city has received a WellCity Award. 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. 20478 1. Authorization of Payroll labor cost payments dated May 24 - June 10, 2014 20479 2. Authorization of A/P checks issued June 6, 2014 20480 3. Authorization of A/P checks issued June 13, 2014 Terry Bornemann / Roxanne Murphy moved to approve the Consent Agenda in its entirety. MOTION CARRIED 6-0. City of Bellingham Regular City Council Meeting Page 10 of 13 6/23/2014  Final Consideration of Ordinances 20388 1. AN ORDINANCE OF THE CITY OF BELLINGHAM, WASHINGTON, REPEALING THE BUSINESS AND OCCUPATIONS TAX EXEMPTION FOR NONPROFIT RELIGIOUS HEALTHCARE PROVIDERS AND ADOPTING CERTAIN HEALTHCARE- SPECIFIC DEDUCTIONS AND EXEMPTIONS CONTAINED IN THE WASHINGTON STATE BUSINESS AND OCCUPATIONS TAX CODE Terry Bornemann / 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: BORNEMANN, LILLIQUIST, VARGAS, WEISS NAYS: LEHMAN, MURPHY EXCUSED: KNUTSON MOTION CARRIED 4-2-1 and was thereafter named Ordinance #2014-06-031 20443 2. AN ORDINANCE RELATING TO THE 2014 BUDGET INCREASING REVENUE IN THE GENERAL FUND, FIRE DEPARTMENT, BY $875,000.00 AS A RESULT OF A FEDERAL GRANT AWARD AND A CONTRIBUTION FROM THE PORT OF BELLINGHAM, AND APPROPRIATING A RELATED EXPENDITURE OF $1,000,000.00 FOR THE PURCHASE OF A FIRE BOAT WITH $125,000.00 TAKEN FROM THE GENERAL FUND ESTIMATED ENDING UNASSIGNED BALANCE Terry Bornemann / 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, LEHMAN, LILLIQUIST, MURPHY, VARGAS, WEISS NAYS: EXCUSED: KNUTSON MOTION CARRIED 6-0-1 and was thereafter named Ordinance #2014-06-032 20444 3. AN ORDINANCE OF THE CITY OF BELLINGHAM, WASHINGTON, AMENDING CHAPTER 14.02 OF THE BELLINGHAM MUNICIPAL CODE REGARDING LATECOMER AGREEMENTS FOR STREET AND UTILITY SYSTEM IMPROVEMENTS Cathy Lehman / 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: City of Bellingham Regular City Council Meeting Page 11 of 13 6/23/2014  AYES: BORNEMANN, LEHMAN, LILLIQUIST, MURPHY, VARGAS, WEISS NAYS: EXCUSED: KNUTSON MOTION CARRIED 6-0-1 and was thereafter named Ordinance #2014-06-033 20446 4. AN ORDINANCE ESTABLISHING A BIENNIAL BUDGET FOR THE CITY OF BELLINGHAM BEGINNING JANUARY 1, 2015, FOR THE 2015-2016 BUDGET BIENNIUM Cathy Lehman / 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, LEHMAN, LILLIQUIST, MURPHY, VARGAS, WEISS NAYS: EXCUSED: KNUTSON MOTION CARRIED 6-0-1 and was thereafter named Ordinance #2014-06-034 20447 5. AN ORDINANCE RELATING TO THE 2014 BUDGET APPROPRIATING AN ADDITIONAL $35,000.00 FROM ESTIMATED ENDING RESTRICTED RESERVES IN THE LIBRARY GIFT FUND TO PROVIDE FOR THE PURCHASE OF MINOR EQUIPMENT, OFFICE SUPPLIES AND BOOKS 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: BORNEMANN, LEHMAN, LILLIQUIST, MURPHY, VARGAS, WEISS NAYS: EXCUSED: KNUTSON MOTION CARRIED 6-0-1 and was thereafter named Ordinance #2014-06-035 City of Bellingham Regular City Council Meeting Page 12 of 13 6/23/2014  Adjournment There being no further business, the meeting adjourned at 11:08 p.m. ____________________________________________ Cathy Lehman, Council President ____________________________________________ ATTEST: Linda D. Anderson, City Clerk Representative APPROVED: 7/21/2014 City of Bellingham Regular City Council Meeting Page 13 of 13 6/23/2014