City Council - Regular Meeting

City of Bellingham City Council Regular Meeting Minutes 07/07/2014, 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 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 Pro Tem Bornemann. Roll Call Cathy Lehman, excused. 15-Minute Public Comment Period Adrienne Lederer addressed rental registration and asked the council to finalize the ordinance with all the stipulations as indicated in BMC 6.15, 6.15.010 through 6.15.120. Judy Collins 210 Horton Road again requested city water service at her home. Anne Mackie reviewed the history behind rental licensing and inspection. She hopes there will be a public hearing in the fall when the important stakeholderes are back in town. Ken Holmes spoke in opposition to a rental registration program Dick Conoboy spoke in opposition to a rental registration/complaint based program. City of Bellingham Regular City Council Meeting Page 1 of 12 7/7//2014  Mark Schofield asked the council to pass a robust rental registration/inspection ordinance. Janet Marino addressed rental registration and urged the city to go forward with a public hearing. She supports rental registration. Matt Petryni spoke in favor of a strong rental inspection and licensing program. Larry Hildes said that regular, standard inspections will help solve the problems and ensure that there is safe and affordable housing. Joseph Levy is disappointed because there needs to be an inspection program. He submitted a petition in support of an inspection program and said without the threat of inspection a list won't be enough. Yoshé Revelle is concerned about the access to alcohol and marijuana, which cause tremendous damage in our communities. Cynthia Bach thanked council for coming up with the beginning of a tenable solution in regard to rental registration. She is very concerned about the proposed work-release expansion on Garden Street. She believes the public disclosure has been inadequate because it's only been going out to certain property owners within 500'; many of whom are university students and tenants. She believes the proposed expansion:  will double or triple number the number of convicted felon inmates being served at that residential location; and noted that it serves the Washington State Prison System and is not a community based system;  is inappropriate and detrimental to a neighborhood;  is less than a block from a community oriented program, which treats victims of sexual abuse, sexual assault and incest;  impacts of the work release on the neighborhood will only increase with expansion; and  there are safety concerns as well as parking issues, trespassing, second hand smoke, and traffic congestion. She would love for the public to make comments to Jackie Lynch in the Planning Department regarding this proposed expansion. Perry Eskridge, Whatcom County Association of Realtors, discussed rental registration. He noted that the tenant has a present possessory interest of that house - it is their home. The landlord is not entitled to do an inspection unless they give proper notice to the tenant. He has met with the Associated Students of Western Washington University Legal Liaison who handles the tenant complaints; there were three complaints. As part of this process, the two largest property management firms offered to open their complaint records to the City and no one went to check those records. This is a reasonable proposal and one everyone can get behind. He said that he would love to take the leadership role on educational outreach on behalf of the realtors. City of Bellingham Regular City Council Meeting Page 2 of 12 7/7//2014  Grandson of Brooks Anderson expressed his concern about having potable water. He is from Los Angeles and described the drought situation there. He said there is a lot of pollution going into the water at Lake Whatcom from boats and planes and fifty years is too long to wait to have clean water. Mimi Osterdahl, President, Whatcom County Association of Realtors discussed the rights of landlords and tenants, and said the realtors are absolutely behind doing what they can to educate renters and landlords. A registration opportunity would give us the opportunity to educate a lot of folks in our community who really do care. Mary Kay Robinson supports a rental registration-only program, education and code enforcement. Peter Roberts supports rental registration with a complaint based system. Junga Subedar, attorney and landlord, supports a registration/rental licensing system and finds that a complaint based system would be totally ineffective and would do nothing to address the issues. The fees that would be imposed on landlords are negligible compared to what we're trying to achieve. The benefits of safety and health that such a system would have would be well worth the costs. Irene Morgan, Restorative Community Coalition, briefly described the benefits of having a Department of Corrections Work Release Center. A citizen spoke and was determined to be out of order Public Hearing(s) 20463 1. Consideration of Application for Bureau of Justice Grant in the amount of $25,834 Police Chief Clifford Cook and Deputy Chief David Doll described the Intrado Beware/Address service and software that the department proposes the city purchase with this Bureau of Justice Grant. This service could enhance officer safety for the members of the Bellingham Police Department as well as the citizens of the community. Chief Cook said the police department has heard the concerns expressed by members of the community and take those concerns seriously. Chief Cook and Deputy Doll clarified further what the service could provide, and would not provide, and answered questions of the council. Public hearing continued from June 23, 2014. Council President Pro Tem Bornemann re-opened the public hearing. Dick Conoboy said he couldn't find out much information about this company and feels this is a privatization of a police function. It's important to take an overall look at this system. City of Bellingham Regular City Council Meeting Page 3 of 12 7/7//2014  Carol Follett feels there should be more investigation before a decision is made. She is concerned about her rights and would like more information. Thelma Follett expressed concerns about the Intrado system. Edward Ury said this system may present opportunities for rights to be infringed upon and there should be an evaluation of their [Intrado] track record. Larry Hildes spoke in opposition to purchasing this system and has concerns about privatization of law enforcement. Dean Tuckerman spoke in opposition to purchasing this system and has concerns about the algorithms being used. Karen Weil spoke in opposition to purchasing this system and has concerns about the algorithms being used, giving up civil liberties for the occasional time that this might help; and the cost of the yearly maintenance. Robert Knodt spoke in opposition to purchasing this system with the grant, concerns about ongoing support costs, the cost of training, and the cost of possible law suits in case of a mistake or stolen data. Joy Gilfilen spoke in opposition to purchasing this system with the grant and sees trouble all over this process. Irene Morgan spoke in opposition to purchasing this system and has concerns about who owns the data and feels the money should be used to implement restorative justice. Edward Alexander spoke in opposition to purchasing this system and has concerns about the funding, the 4th amendment and privacy concerns. Gaythia Weis spoke in opposition to purchasing this system. John [last name unknown] said Intrado should not be trusted and this system is too private. Gene Marx spoke in opposition to purchasing this system and feels that mandates and training will be circumvented. We do not know how Intrado will use this information, he said, and he is concerned about loss of privacy. There being no further comments, the public hearing was closed. Council and staff further discussed the grant, and the application to use the funds for the Intrado Beware/Address software and service; the purpose of the software, continuing costs and privacy concerns. City of Bellingham Regular City Council Meeting Page 4 of 12 7/7//2014  Weiss/Lilliquist moved to respectfully request that the Police Department not use the Bureau of Justice Grant funds for the Intrado purchase and to pursue other needs for the department with that money. MOTION CARRIED 5-1, Knutson opposed. BREAK Council President Pro Tem Bornemann called the meeting back to order at 10:07 p.m. 20481 2. Consideration of a Comprehensive Plan Amendment and Rezone for approximately 114 acres in Area 4 of the South Neighborhood "AN ORDINANCE OF THE CITY OF BELLINGHAM RELATING TO THE COMPREHENSIVE PLAN AND ZONING, AMENDING THE SOUTH NEIGHBORHOOD PLAN AND BELLINGHAM MUNICIPAL CODE TITLE 20, SOUTH NEIGHBORHOOD TABLE OF ZONING REGULATIONS." Greg Aucutt, Interim Planning Director presented the proposal and noted that the Planning Commission and staff recommend approval. James King, Director Parks Department, reviewed maps and parcels of property in the rezone area. Council President Lehman opened the public hearing. Vince Biciunas, Commissioner, Chuckanut Community Forest Park District thanked the Council and is looking forward to the master planning process. Ross Marcourt is very excited about this and very much wants to see this happen. There being no further comments, the public hearing was closed. Weiss/Lilliquist moved approval for first and second reading. MOTION CARRIED 6-0. 20482 1. Special Joint Meeting of the Library Board and City Council Meeting held at 1:00 p.m. Information only. Planning 20464 1. A Work Session to consider adoption of the Downtown Bellingham Plan and associated development regulations City of Bellingham Regular City Council Meeting Page 5 of 12 7/7//2014  [MAIN MOTION] Weiss / Lilliquist moved to approve the adoption of the Downtown Sub-area Plan, replacing the Central Business District Neighborhood Plan with the City Center Neighborhood Plan, the Land Use Development Code and associated development regulations and all of the other land use changes that are associated with it, including amending portions of the Lettered Streets, Sehome, Sunnyland and York Neighborhood Plans and zoning tables that reflect the new overlays and amendment as recommended by the Planning Commission and staff and the following amendments, as recommended from committee: DOWNTOWN BELLINGHAM PLAN: Policy 3.22: Include a live link to the Community Solutions Workgroup recommendations. Policy 4.10: Add language to specify the characteristics of the existing streetscape: Policy 4.10: Maintain the existing streetscape, especially in the RT-2 zone, with sidewalks separated from the street curb by landscaping, street parking, and development having windows and prominent front entries oriented to the street. Revise Policy 8.3: "Pricing for parking should be based on market demand and supply and tied to specific performance benchmarks. Areas and times with higher demand for parking should have a higher cost to park. Variable rates responding to demand should be considered for implementation." Revise Policy 8.10: Consider using Target net revenues from parking fees and fines to provide public improvements in the City Center Neighborhood. DEVELOPMENT REGULATIONS: Expand the RT-1 zone to include the properties bound by D, Ellsworth and Girard Streets, and Battersby Field. Expand the Multi-family Tax Exemption and City Center Design Review boundaries to align with the Downtown Plan boundary. Amend Table 20.37.520 - Permitted Uses to expand the permitted locations for Jail and Correctional Facilities to include the blocks north and south of the courthouse. Clarify booking facilities as a permitted use throughout Downtown. Add language to BMC 20.37.540 F(1) - Parking Design: No portion of any open parking facility or drive lane shall be located within five feet (5') of any property line, or within any required yard. Exceptions to this provision include ingress/egress lanes, when an alley is used for direct maneuvering, or when the Planning Director determines that a reduction in this requirement will provide a net public benefit over what currently exists, such as an increase in public sidewalk width or the provision of additional public parking. In such cases, parking may encroach into the public right-of-way with approval of the Public Works Director. City of Bellingham Regular City Council Meeting Page 6 of 12 7/7//2014  Bornemann / Knutson moved to amend the motion for Policy 8.10 to revert to the previous language of "Consider using…" and eliminate the word "Target". MOTION CARRIED 5-1, Lilliquist opposed. Lilliquist / Weiss moved to amend the plans and documents as brought forward and amend:  Goal 3.5 to add the words "on-site control measures and" modifying the goal to read "The impacts of untreated stormwater on Whatcom Creek and Bellingham Bay are reduced through the application of low-impact development techniques, such as on- site control measures and green stormwater infrastructure." ; and  Related to Goal 3.12, add a new policy, which says: "Encourage and provide incentives for on-site measures to reduce or eliminate runoff from private properties, such as green roofs and low-impact landscaping practices." MOTION CARRIED 6-0. Lilliquist moved to amend Table 20.37.520: A. Residential 11. Single Family, Detached Dwelling Unit with less than 5,500 square feet of total floor area: 1st Column entitled CC (1), CT (1); replace "P" (permitted) with "C" (conditional); and 12. Single Family Residence with 5,500 square feet or more total floor area, subject to BMC 20.16.020(L)(3): 1st Column entitled CC (1), CT (1); replace "P" (permitted) with "C" (conditional) There was no second, the motion failed. Lilliquist / Knutson moved to add an additional policy to Goal 5.1 stating: "Encourage better design and construction practices to reduce unwanted sound transmission arising from musical and other entertainment establishments, minimizing potential conflicts with residents and other users to the downtown." MOTION CARRIED 6-0. Lilliquist moved that a sentence be added to the City Center Implementation Strategy, Comprehensive Update to the City Center Design Standards as underlined below: A comprehensive analysis is needed to identify the best approach for the City Center Design Review, including the process and the design guidelines and standards. This may result in additional substantial changes to improve the process and regulations. Include consideration of standards and practices for reducing unwanted sound transmission from new buildings, which may affect nearby users. Council Member Weiss noted that this motion is not part of the main motion. Lilliquist withdrew the motion. Lilliquist / Weiss moved to adopt the waterfront noise reduction language directly into the Downtown Plan by adding a new Section C in BMC 20.378.530 to mirror BMC 20.37.430 Section I. Council Member Bornemann asked staff to respond as to whether there were potential problems with this. Darby Cowles, Senior Planner, indicated that a primary goal is to City of Bellingham Regular City Council Meeting Page 7 of 12 7/7//2014  remove barriers to redevelopment and that it could add 3-5% of construction costs to projects. MOTION FAILED 2-4: Knutson, Vargas, Bornemann, Murphy opposed. MAIN MOTION CARRIED 6-0. Lilliquist / Weiss moved that a sentence be added to the City Center Implementation Strategy, Comprehensive Update to the City Center Design Standards as underlined below: A comprehensive analysis is needed to identify the best approach for the City Center Design Review, including the process and the design guidelines and standards. This may result in additional substantial changes to improve the process and regulations. Include consideration of standards and practices for reducing unwanted sound transmission from new buildings, which may affect nearby users. MOTION CARRIED 6-0. Public Works / Public Safety 20483 1. Request for City Council review of the Public Works Director's denial of sewer service to residential property located in the urban growth area at 1183 Mt. Baker Highway Bornemann / Weiss moved to uphold the Public Works Director's denial of sewer service. MOTION CARRIED 6-0. Finance and Personnel 20484 1. Ordinance to move wage placement for the Planning and Community Development Director from Group B of the Department Head salary plan to Group A for 2014 "AN ORDINANCE RELATING TO THE 2014 BUDGET INCREASING THE SALARY FOR THE PLANNING/COMMUNITY DEVELOPMENT DIRECTOR POSITION, WHERE NO ADDITIONAL APPROPRIATION IS REQUIRED." Lilliquist / Knutson moved approval for first and second reading. MOTION CARRIED 6-0. Lake Whatcom Reservoir and Natural Resources 20485 1. North Cascades Audubon Society's Offer to Donate "Scudder's Pond" Property to the City of Bellingham Vargas / Murphy moved to authorize the site assessment of the Scudder's Pond property. MOTION CARRIED 6-0. City of Bellingham Regular City Council Meeting Page 8 of 12 7/7//2014  20486 2. Department of Ecology Grant Funding for Public Outreach on Pharmaceutical Take-Back Program Vargas / Murphy moved to approve the Department of Ecology Coordinated Prevention Grant (CPG) Agreement for Pharmaceutical Take-Back Program Outreach. MOTION CARRIED 6-0. Bornemann / Lilliquist moved to direct the Policy Analyst to work with Public Works staff to research language relating to outlawing flushing medications. MOTION CARRIED 6-0. Editor's Note: A motion was made to approve the budget ordinance related to this item. However, the ordinance was not included in the packet. The ordinance will be presented for first and second reading in the July 21, 2014 agenda packet under the Consent Agenda. Parks and Recreation 20487 1. Bid Award for Joe Martin Field Synthetic Turf Project Bornemann / Lilliquist moved to award Bid No. #34B-2014 for Joe Martin Field Synthetic Turf to FieldTurf USA, Inc. of Montreal, Quebec 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 $1,456,439.78, which includes alternates 2 and 4 and any applicable WSST. MOTION CARRIED 6-0. Committee Of The Whole 20488 1. Bellingham Public Development Authority - Army Street Project Informational Briefing Briefing provided during committee. Information only. 20489 2. Withdrawal of Thornberg Trust from the Non-binding Army Street Property Owners Memorandum of Agreement Bornemann / Knutson moved to direct staff to bring back a document to express the City's consent to continue with the remaining parties in the Memorandum of Agreement process. MOTION CARRIED 6-0. City of Bellingham Regular City Council Meeting Page 9 of 12 7/7//2014  20382 3. A Work Session Regarding a Rental Registration Program Bornemann / Knutson moved to direct staff to prepare the ordinance as described in Option 2 (base ordinance revised to reflect registration only) for a public hearing. MOTION CARRIED 6-0. Staff will work with the Council office to schedule the public hearing, which will not occur before September. 4. Approval of Minutes No evening minutes submitted. 5. Old/New Business Council Member Lilliquist is working with staff to draft a comment letter on the Gateway Pacific Terminal Permit, to Whatcom County, which will be presented for council review on July 21, 2014. Council members discussed how to handle a disruption in the meeting, ways to be proactive and strategies to use. Executive Session 1. Litigation: Nash vs. City of Bellingham, et. al. Staff provided information on a litigation matter. Direction given. No action taken. 2. Potential Property Acquisition: Staff provided information on a potential property acquisition. Direction given. No action taken. Mayor's Report Mayor Linville reported:  There will be an open house July 18th at the Emergency Coordination Center.  There will be a Rail Safety Op-Ed in the newspaper on July 13th. She is participating on the Association of Washington Cities ad hoc Rail Safety Committee and working with Seattle Mayor Ed Murray and King County Executive Dow Constantine and the Leadership against Coal.  The search for the Director of Planning & Community Development has begun. The job description is being reviewed, the position will open on July 11th with plans for interviews in early October.  The Mayor will be writing letters to the Whatcom County Council: 1) in opposition to eliminating any meth standards and supporting, at least, maintaining the State City of Bellingham Regular City Council Meeting Page 10 of 12 7/7//2014  standards for meth contamination; and 2) a letter in support of a Mental Health Court. These letters could be joint with the Council and the Mayor, if the Council so desires. 20490 1. Mayor's Appointment of Sue Lobland to the Museum Foundation Board Knutson / Murphy moved to approve the Mayor's appointment of Sue Lobland to the Museum Foundation Board, term ending February 11, 2016. MOTION CARRIED 6-0. 20491 2. Mayor's Reappointment of Alex McLean to the Greenway Advisory Committee Weiss / Knutson moved to approve the Mayor's reappointment of Alex McLean to the Greenway Advisory Committee, term ending May 31, 2017. MOTION CARRIED 6-0. 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. 20492 1. Consideration of Final Plat Approval for Division 2A of the Highlands Preliminary Plat, Phase 2 Res. 2014-27 "A RESOLUTION GRANTING FINAL PLAT APPROVAL FOR DIVISION 2A OF THE HIGHLANDS PRELIMINARY PLAT, PHASE 2, CONSISTING OF 8 SINGLE FAMILY DETACHED LOTS, LOCATED IN AREA 8, WHATCOM FALLS NEIGHBORHOOD, GENERALLY LOCATED ON NEWTON STREET, SOUTH OF LOPEZ STREET." 20493 2. Authorization of Payroll labor cost payments dated June 11, 2014 - June 25, 2014 20494 3. Authorization of A/P checks issued June 20, 2014 20495 4. Authorization of A/P checks issued June 27, 2014 Knutson / Murphy moved to approve the consent agenda in its entirety. MOTION CARRIED 6-0. City of Bellingham Regular City Council Meeting Page 11 of 12 7/7//2014  Final Consideration of Ordinances 20471 1. 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 Weiss / 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, KNUTSON, LILLIQUIST, MURPHY, VARGAS, WEISS NAYS: EXCUSED: LEHMAN MOTION CARRIED 6-0 and was thereafter named Ordinance #2014-07-037 Adjournment There being no further business, the meeting adjourned at 11:29 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 12 of 12 7/7//2014