City Council - Regular Meeting

City of Bellingham City Council Regular Meeting Minutes 07/21/2014, 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:  The next two Bellingham City Council meetings will take place on August 4th and August 11th. The Council will then be in recess until September 8th. Bellingham City Council meets all requirements of the State of Washington Open Meetings Act. Pledge of Allegiance Led by Council President Lehman. Roll Call All present. 15-Minute Public Comment Period Vince Biciunas is pleased to support the letter regarding rail impacts [AB20501]. Nora Weaver encouraged the Council to support Puget Sound Energy's (PSE) divesting from coal. Bob Aegeter endorsed comments made by Nora Weaver. Gene Marx submitted a resolution proposal, opposing the violence in Gaza and the targeting of civilians. Bill Distler reinforced and supports remarks made by Gene Marx and read names of children who have died during the past week in Gaza. City of Bellingham Regular City Council Meeting Page 1 of 12 7/21/2014  Leonard Lindstrom shared memories of his mother and discussed social issues. Carol Follett read names of children who have died during the past week in Gaza. Thelma Follett read names of children who have died during the past week in Gaza. Ellen Murphy read names of children who have died during the past week in Gaza. Public comment closed; to be re-opened after public hearings. Public Hearing(s) 20496 1. Consideration of a Comprehensive Plan Amendment and Rezone for approximately 4 acres of land in Areas 1, 1A, and 8 of the Sunnyland Neighborhood Staff presentation by Darby Cowles, Senior Planner who provided a brief review of the property's history, the location and actions to date. The current zoning is Residential Single Low Density. Sunnyland Neighborhood Association has submitted a proposal requesting Residential Single Medium Density, Detached/Attached 6,250 s.f./unit. Staff is recommending Residential Multiple, Duplex 5,000 s.f./unit. The Planning Commission recommends that the City Council deny both proposals because they are site-specific Comprehensive Plan amendments that were not requested by the property owner(s) or their authorized agent as required by BMC 21.10.150.B.1.b. Council President Lehman opened the public hearing. Mike Wheeler said this area should be zoned in keeping with the existing houses in order to keep the neighborhood intact. Hank Bledowski supports the amendment proposal from Sunnyland Neighborhood. Mickey McDiarmid supports the amendment proposal from Sunnyland Neighborhood. Linda Twitchell, Building Industry Association, reiterated the Planning Commission's opinion that only the land owner or his/her agent can request a site-specific Comprehensive Plan amendment. This property is on Sunset a few block from I-5 and is City of Bellingham Regular City Council Meeting Page 2 of 12 7/21/2014  not deep within the neighborhood. If the city is serious about controlling sprawl, allowing greater density is going to have to be possible in places like this. David Edelstein co-owner Sunset Commons, LLC, said there is no reason to act on either of the proposals. Neither of the proposals are from Sunset Commons and when it's logical, they will submit a proposal. Then, the city can re-docket all three proposals for consideration. Bill Geyer, representing Sunset Commons, LLC reviewed and submitted a letter which reflects his opinion on the proposed Comprehensive Plan Amendment and Rezone. He said, the application in its current form is incomplete and is not compliant with City code and should not proceed. He then submitted another letter which reflects his opinion with regard to a review of the SEPA Checklist. He said it contains numerous errors and omissions. The application has major problems, the SEPA is insufficient leading to improper analysis as to how this application meets the Comprehensive Plan and rezone requirements and it is his opinion that it does not. Jack Swanson, representing Sunset Commons, LLC said that the city needs housing that is affordable and the city has been following policies that drive people out of the city and creates more rentals. He feels, based on his reading of the code (BMC 20.19.020), that this would be a Type V-A process, instead of a Type VI. He also noted that a site specific rezone requires a filing fee. He said that this process is absent an application and absent a filing fee. He suggested the city allow a proposal from the owners and then consider it and the two other proposals in 2015. Diana Davidson lives a block from this property and said the neighborhood is not small cottage/carriage type houses. She added that when Mr. Edelstein brought his proposal to the neighborhood a few years ago, he didn't provide for adequate parking. She asked that, whatever is decided, to please make sure the proposal provides for parking. Mike Sumptor asked that the city preserve the character and quality of the neighborhood as opposed to maximizing numbers. Mike Rostron pointed out that the DOT 4 acres is a sub-area and may or may not be site-specific. The City Council has the authority to rezone it as they please. However, neighborhood concerns should have priority and any development should be consistent with the neighborhood character of Single Family - Medium Density. Please give this proposal the serious consideration it deserves. Christopher Grannis, supports the request by the Sunnyland Neighborhood Association. Judith Greene asked for a show of hands of people in audience who support the Sunnyland Neighborhood Association plan. City of Bellingham Regular City Council Meeting Page 3 of 12 7/21/2014  Chris Collins described his experience when a neighbor built a multi-family dwelling next to his home and attributes two thefts to the situation. Patrick McKee, asked that the Council approve the Sunnyland Neighborhood Association proposal. There being no further comments, the public hearing was closed. Council Member Vargas left Chambers. Terry Bornemann / Gene Knutson moved to refer the Sunnyland Neighborhood plan to the Planning Committee. MOTION CARRIED 6-0, Pinky Vargas out of Chambers. Council Member Vargas returned to Chambers. BREAK Council President Lehman called the meeting back to order at 9:13 p.m. 20497 2. A Public Hearing to consider two requests to docket comprehensive plan amendments for review in the 2014-15 City work program Staff and Planning Commission recommend approval. Staff presentation by Lisa Pool, Senior Planner. Ms. Pool reviewed the Comprehensive Plan amendment process and review criteria as described in BMC 20.20.030. The two proposals under consideration for the 2014-15 work program are:  ZON2014-00005 Samish Neighborhood, Area 1 proposal by owner: from Commercial, Auto to Commercial, Planned. Staff and Planning Commission recommend docketing. Ms. Pool noted that due to a miscommunication between staff and the applicant, staff accepted the application after the April 1 deadline.  ZON2014-00004 Samish Neighborhood, Area 9 proposal by owner: from Commercial, Nonretail to Commercial, Planned. Staff and Planning Commission recommend docketing this proposal with the condition that the 3,929 square foot parcel owned by the Elks Club within Area 9 be included with the rezone application. Ms. Pool also introduced a request from Samish Way Church of Christ, 801 Samish Way, who has asked that the boundaries of the proposed Comprehensive Plan change for the Samish neighborhood (ZON2014-00004) be City of Bellingham Regular City Council Meeting Page 4 of 12 7/21/2014  extended, and for their request to be included in this proposal. She said the request has not been evaluated by staff but the city council can docket it, along with this request, if they so desire. Ali Taysi, representing the applicants for both proposals believes that both applications meet the criteria for docketing. He noted that the request from the church property (ZON2014-00004) is not part of their application, nor do they have an opinion, other than they request that any decision made, be evaluated on the merits of the applicant's proposal, independent from the church's request. Scott Swanson, representing both applicants at the Planning Commission level. Mr. Swanson addressed the timing issue on the Ashley Street properties application. The matter was referred to the City Attorney's office. In response, the City Attorney has opined that the application could proceed. Mr. Swanson agreed with that analysis and said the BMC provides flexibility with the use of the word "should". Council President Lehman opened the public hearing. Dick Conoboy addressed the Ashley Rezone (ZON2014-00005) and said the neighborhood has begun to deteriorate. He suggested that the rezone will violate the express requirement of the Growth Management Act to maintain the character of the neighborhoods. Any proposed apartment complex will not attract couples or small families but will further the concentration of young university students, increased automobiles, street parking, traffic, noise and other disturbances. He feels that this is the perfect place for the infill toolkit. It would provide transitional housing, is affordable, would be owner occupied, would solve the problem of the crowding and perhaps reverse the deterioration of the neighborhood from rentals. With respect to the church property; the proposal came in on July 16th without going through the required process. The City Council should reject this request and have them go through the planning process. Simi Jain, Zender Thurston, spoke on behalf of the July 16th request by Pacific Harbor Holdings (PHH). They feel the time is right to docket this request. The neighborhood will have full opportunity to participate in the rezone process as the proposal will be fully vetted during the public process. Staff is already looking at Area 9 (ZON2014- 00004) and PHH thought it made sense to include review of this docket request. The church wants to sell their property and there is a willing buyer (Pacific Harbor Holdings) who would like to convert use of the building to office use. Area 9 allows for offices. There would be no further changes to property and there is sufficient parking. Ron Young, agent for Samish Way Church of Christ, read a letter asking for support in allowing the property to be added to the 2014-2015 docket. Altering the current zoning from Residential Single to Commercial would allow the church to sell its property to City of Bellingham Regular City Council Meeting Page 5 of 12 7/21/2014  Pacific Harbor Holdings for the purpose of establishing a psychology practice in their building. Kate Haskell, representing Pacific Harbor Psychology practice, clarified the intentions of the group, who have strong community ties. They are experiencing issues with parking, transit, etc. at their current rented location and believe that owning their own building and property would create better stability for their patients and for the future of their group. This property meets their primary requirements. Rodney Anderson, spoke in support of docketing the request from Pacific Harbor Holdings. George Sanders spoke in opposition to the ZON2014-00005 Ashley Street proposal. He said there hasn't been a guarantee that this will not be another University Ridge. The neighborhood does not need that type of density. It is right at the edge of a single family neighborhood and he does not want to see a mega-apartment building. Condominiums, duplexes or smaller apartment units would be fine. Steve Abell is reluctant to see the non-retail designation disappear (ZON2014-00004). It opens the door to things that would not be a pleasant addition to the Samish Neighborhood. He does not have a problem with what Pacific Harbor Holdings wants to do with the church building but they don't need commercial planned to do that. The city can keep the non-retail designation for that property and they can do exactly what they want to do. Barbara Beth Sire supports the request from Pacific Harbor Holdings however, she does have concerns about the possible change for Area 9 from non-retail. There being no further comments, the public hearing was closed. Staff reiterated that this process is only to determine whether the proposals should be docketed. Jack Weiss / Gene Knutson moved to docket the two comprehensive plan amendments, plus the parcel owned by the Elks Club and the request from Samish Way Church of Christ. Jack Weiss withdrew his motion. Jack Weiss / Gene Knutson moved to direct staff to prepare a resolution to docket the two comprehensive plan amendments, plus the 3,929 s.f. parcel owned by the Elks Club within Area 9 and the request from Samish Way Church of Christ. MOTION CARRIED 7-0. City of Bellingham Regular City Council Meeting Page 6 of 12 7/21/2014  20475 3. Consideration of the renewal of an emergency ordinance establishing interim zoning for the cultivation of medical marijuana for personal use and in collective gardens Alan Marriner, Deputy City Attorney reviewed council options and explained that following the public hearing, they may leave the ordinance in place, rescind the ordinance or modify the ordinance. Council President Lehman opened the public hearing. No citizen's spoke and the public hearing was closed. No action was taken by Council. PUBLIC COMMENT - continued Ken Holmes defended his actions during public comment on July 7th. Public comment period closed. Council Standing Committee Meetings: Public Works / Public Safety 20498 1. ES-495 Street Overlay Bid Award Terry Bornemann / Gene Knutson moved to award Bid No. 38B-2014 for 2014 Overlay Program ES-0495 to Colacurcio Brothers Construction of Blaine, 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 $1,428,935.94 and includes any applicable WSST. MOTION CARRIED 7-0. Committee Of The Whole 20499 1. Chamber of Commerce Board of Directors Liaison Position Council Member Bornemann left Chambers. Cathy Lehman / Gene Knutson moved to appoint a liaison position to the Chamber of Commerce Board of Directors. MOTION CARRIED 6-0, Terry Bornemann out of Chambers. City of Bellingham Regular City Council Meeting Page 7 of 12 7/21/2014  Cathy Lehman / Gene Knutson moved to appoint Council Member Lilliquist to the Chamber of Commerce Board of Directors for the remainder of the year. MOTION CARRIED 6-0, Terry Bornemann out of Chambers. 20500 2. Authorization for the City of Bellingham to continue with the Army Street Property Owners Memorandum of Agreement process Cathy Lehman / Jack Weiss moved to direct staff to approve the letter to the Bellingham Public Development Authority to continue with the Army Street Property Owners Memorandum of Agreement process, as presented. MOTION CARRIED 6-0, Bornemann out of Chambers. Council Member Bornemann returned to Chambers. 20501 3. Discussion of Comment Letter Regarding Rail Impacts of Proposed Gateway Pacific Terminal Cathy Lehman / Michael Lilliquist moved to approve the letter regarding Rail Impacts of Proposed Gateway Pacific Terminal, with amendments to the third paragraph, as recommended during committee. MOTION CARRIED 7-0. 20502 4. Discussion of Public Access Television Information only. 20503 5. A Resolution Designating BTV10 as a Public-Access ("P"), Educational ("E"), and Government ("G") Channel for a 12-Month Trial Period (PEG) "A RESOLUTION DESIGNATING BTV10 AS A PUBLIC-ACCESS ("P"), EDUCATIONAL ("E"), AND GOVERNMENT ("G") CHANNEL FOR A 12- MONTH TRIAL PERIOD." Cathy Lehman / Terry Bornemann moved final approval of Resolution #2014-28 and to amend the third sentence of the Now Therefore paragraph to read: "If content supply exists, the City shall set aside an average of six hours per week for public access programming on days to be determined." as recommended during committee. MOTION CARRIED 7-0 as amended. City of Bellingham Regular City Council Meeting Page 8 of 12 7/21/2014  20504 6. An Ordinance Appropriating Funds From The Estimated Ending Restricted Reserve In The Public Education And Government Access Television Fund To Increase One Part-Time Position In the Information Technology Services Department To Full-Time. "AN ORDINANCE APPROPRIATING FUNDS FROM THE ESTIMATED ENDING RESTRICTED RESERVE IN THE PUBLIC EDUCATION AND GOVERNMENT ACCESS TELEVISION FUND TO INCREASE ONE PART- TIME POSITION IN THE INFORMATION TECHNOLOGY SERVICES DEPARTMENT TO FULL-TIME." Cathy Lehman / Gene Knutson moved approval for first and second reading. MOTION CARRIED 7-0. 20505 7. Review Financial Guidelines and Facility Task Force Recommendations Review presented during committee. Information only. 20506 8. Lake Whatcom Watershed Total Maximum Daily Load (TMDL) Phosphorus Reduction Targets Report presented during committee. Information only. 9. Approval of Minutes Michael Lilliquist / Terry Bornemann moved to approve the June 23, 2014 minutes of the City Council regular meeting as submitted. MOTION CARRIED 6-0-1, Gene Knutson abstained. Michael Lilliquist / Gene Knutson moved to approve the July 7, 2014 minutes of the City Council regular meeting as submitted. MOTION CARRIED 7-0. 10. Old/New Business Council Member Bornemann obtained council consensus to consider a Veterans for Peace resolution at the next meeting. Council Member Vargas announced that the City has entered the third phase of the Georgetown University Energy prize. City of Bellingham Regular City Council Meeting Page 9 of 12 7/21/2014  Council President Lehman noted that a follow up report on the Fireworks Ban will be held at the next meeting. Executive Session 1. Litigation: Nash v. City of Bellingham, et al.: Staff provided an update on a litigation matter. Terry Bornemann / Gene Knutson moved to authorize the Mayor to enter into a settlement agreement with the following terms: dismissal of the lawsuit and resolution of all claims related thereto for the payment of $17,500.00 to the plaintiff. MOTION CARRIED 7-0. 2. Litigation: Newlun v. Sucee, et al.: Staff provided information on a litigation matter. Direction given. No action taken. 3. Potential Litigation: Staff provided information on a potential litigation matter. Direction given. No action taken. 4. Potential Litigation: Staff provided information on a potential litigation matter. No direction given. No action taken. 5. Potential Property Acquisition: Staff provided information on a potential property acquisition. Direction given. No action taken. 6. Potential Property Acquisition: Staff provided information on a potential property acquisition. Direction given. No action taken. 7. Potential Property Acquisition: Staff provided information on a potential property acquisition. Direction given. No action taken. Mayor's Report Mayor Linville reported that:  National Night Out is scheduled for August 5.  Emergency Coordination Center is now open. City of Bellingham Regular City Council Meeting Page 10 of 12 7/21/2014  20507 1. Mayor's Appointment of David Laws to the Parks and Recreation Advisory Board Information only. 20508 2. Mayor's reappointment of Brent Walker and Dunham Gooding to the Bellingham/Whatcom Public Facilities District Terry Bornemann / Michael Lilliquist moved to approve the Mayor's reappointment of Brent Walker and Dunham Gooding to the Bellingham/Whatcom Public Facilities District, term ending July 30, 2018. MOTION CARRIED 7-0. 20509 3. Mayor's reappointment of Ken Hertz to the Bellingham Public Development Authority (BPDA) Terry Bornemann / Gene Knutson moved to approve the Mayor's reappointment of Ken Hertz to the Bellingham Public Development Authority, term ending July 21, 2017. 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. 20486 1. Approve Budget Ordinance for Department of Ecology Grant Funding for Public Outreach on the Pharmaceutical Takeback Program "AN ORDINANCE RELATING TO THE 2014 BUDGET INCREASING REVENUE IN THE STORM AND SURFACE WATER UTILITY FUND BY $28,440.00 AS A RESULT OF A GRANT AWARD FROM THE WASHINGTON STATE DEPARTMENT OF ECOLOGY TO THE CITY OF BELLINGHAM FOR THE PHARMACEUTICAL TAKEBACK PROGRAM, AND APPROPRIATING RELATED EXPENDITURES." 20510 2. EU-145 Post Point Lagoon Fencing Bid Award 20511 3. Authorization of Payroll labor cost payments dated June 26, 2014 - July 10, 2014 20512 4. Authorization of A/P checks issued July 3, 2014 City of Bellingham Regular City Council Meeting Page 11 of 12 7/21/2014  20513 5. Authorization of A/P checks issued July 11, 2014 Gene Knutson / Roxanne Murphy moved to approve the Consent Agenda in its entirety. MOTION CARRIED 7-0. Final Consideration of Ordinances 20484 1. AN ORDINANCE RELATING TO THE 2014 BUDGET INCREASING THE SALARY FOR THE PLANNING/COMMUNITY DEVELOPMENT DIRECTOR POSITION, WHERE NO ADDITIONAL APPROPRIATION IS REQUIRED Terry Bornemann / Jack Weiss 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 #2014-07-038 Adjournment There being no further business, the meeting adjourned at 10:58 p.m. ____________________________________________ Cathy Lehman, Council President ___________________________________________ ATTEST: Linda D. Anderson, City Clerk Representative APPROVED: 8/4/14 City of Bellingham Regular City Council Meeting Page 12 of 12 7/21/2014