City Council - Regular Meeting

City of Bellingham City Council Regular Meeting Minutes 08/04/2014, 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 City Council Meeting will be on August 11th. The Council will then be in recess until September 8th.  Downtown National Night Out August 5 in Maritime Heritage Park Bellingham City Council meets all requirements of the State of Washington Open Meetings Act. Council President Lehman called for a moment of silence for Leonard Lindstrom who passed away over the weekend. He was a long time contributor at City Council meetings. Pledge of Allegiance Led by Council President Lehman. Roll Call All present. 15-Minute Public Comment Period Kate Haskell, Pacific Harbor Holdings, LLC addressed the request for docketing the property at 801 Samish Way. She asked that the request for docketing not be delayed as it will encumber the property and increase the financial burden for the buyer and seller. [AB 20497]. City of Bellingham Regular City Council Meeting Page 1 of 11 8/4/2014  Ken Chovil supports the rezone of the property at 801 Samish Way and the purchase by Pacific Harbor Holdings, LLC. He asked that the request to docket the property move forward. [AB 20497]. Simi Jain, Zender Thurston, representing Pacific Harbor Holdings, LLC, requested that the council support their request to docket 801 Samish Way. [AB 20497]. Ellen Murphy spoke in support of the council approving a Resolution Opposing the Violence in Gaza and the Targeting of Civilians. [AB 20522]. Patrick McKee, Chairman, Sunnyland Neighborhood Association (SNA) addressed the Sunnyland Amendment. He referred to narrative changes he had submitted, which he feels more reflect their position on how the sub area of their neighborhood should be used and which, is more in keeping with neighborhood character. [AB 20496]. Gene Marx spoke in support of the council approving a Resolution Opposing the Violence in Gaza and the Targeting of Civilians. [AB 20522]. Pearl Follett spoke in support of the council approving a Resolution Opposing the Violence in Gaza and the Targeting of Civilians. [AB20522]. Additionally, she called for the replacement of American Ambassador Keith Harper. Thelma Follett spoke in support of the council approving a Resolution Opposing the Violence in Gaza and the Targeting of Civilians. [AB 20522]. Judith Green is concerned about the additional traffic in the Sunnyland Neighborhood from the proposed development. Additionally, she asked to see the number of Accessory Dwelling Units allowed and how they will be enforced. [AB 20496]. Janet Marino spoke in support of the council approving a Resolution Opposing the Violence in Gaza and the Targeting of Civilians. [AB 20522]. Michael Jacobson addressed the violence in Gaza. Dean Tuckerman addressed the violence in Gaza. Maggie Lohkemper spoke in opposition to a Resolution Opposing the Violence in Gaza and the Targeting of Civilians. [AB 20522]. Eric Bostrom spoke in opposition to the Resolution Opposing the Violence in Gaza and the Targeting of Civilians. [AB 20522]. Carolyn DeSilva addressed the violence in Gaza. City of Bellingham Regular City Council Meeting Page 2 of 11 8/4/2014  Jacob Sager spoke in opposition to the Resolution Opposing the Violence in Gaza and the Targeting of Civilians. [AB 20522]. Pamela Hinton, partner, Sunset Commons, LLC, asked that the council consider the proposal they submitted on July 30th, which includes single family housing along Illinois. [AB 20496]. Charles Law addressed affordable housing and the violence in Gaza Carol Follett addressed the violence in Gaza. Cory Ertel, Community Services Manager, Puget Sound Energy (PSE) said that PSE shares the Council's views on environmental stewardship, renewable energy, energy affordability and reliability and will continue to work with the communities they serve to balance all these important objectives. Jack Swanson, Attorney, representing Sunset Commons, LLC, discussed the economics of the current building situation. While interest rates are at an unprecedented low it might seem that people are eager to build; however, the extra regulations and costs make it difficult for people to build and conduct business here in Bellingham. He said, the extra regulations the city has proposed for this area [Sunnyland] are only going to affect local builders who have put their life's work into Bellingham; the others [builders] will go somewhere else. [AB 20496]. Linda Twitchell, Building Industry Association of Whatcom County, addressed the Sunset Commons, LLC project in the Sunnyland Neighborhood. One of the things included in this proposal is a requirement that the only housing forms considered can be some of those housing forms in the infill toolkit. While the BIA promotes the use of the infill tool kit in single family zones; allowing use of it is very different from requiring use. In this case, there is a single entity who owns one parcel of land and this proposal dictates the options. If the Sunnyland community is seriously concerned about lack of design standards then consider that these design standards are not going to be required anywhere else in the neighborhood. If we need design standards in Sunnyland, why isn't the neighborhood association proposing that they be applied to the entire neighborhood? In general, the BIA would discourage the city from requiring the infill toolkit at this site. It's a great idea to allow its use but the property owners should have the ability to develop it as they believe appropriate and what their customers will go for. [AB 20496]. Ken Holmes spoke in opposition to a rental registration ordinance. J Peter Van der Veen expressed gratitude to Veterans for Peace and what they stand for. Bill Geyer, representing Sunset Commons, LLC, said that the Sunnyland Neighborhood proposal and the city staff proposal do not address or meet the goals for the infill requirements in the Comprehensive Plan. The proposal would require two stories and is not City of Bellingham Regular City Council Meeting Page 3 of 11 8/4/2014  the preferred housing type by a growing portion of the market - retired individuals, older heads of households or those that are less ambulatory. He asked Council to consider the compromise proposal he submitted [dated July 30, 2014]. The property owners' compromise proposal provides a residential, single designation; provides flexibility in the regulations. provides a process for approval by the Hearing Examiner, meets the city's goals on density and provides quality design [AB 20496]. Ali Taysi, representing applicants for the Ashley Street rezone and the Samish Way rezone, encouraged the council to docket both proposals and asked that the three proposals presented be evaluated on their own individual merits. [AB 20497]. Yoshé Revelle shared his thoughts on the violence in Gaza and the homeless. Dianne Foster spoke in support of the council approving a Resolution Opposing the Violence in Gaza and the Targeting of Civilians. [AB 20522]. Bob Baird-Levine reviewed the Resolution Opposing the Violence in Gaza and the Targeting of Civilians and called out items that he did, and did not, see expressed in the resolution. [AB 20522]. BREAK Council President Lehman called the meeting back to order at 8:36 Planning 20496 1. A Work Session to consider a Comprehensive Plan Amendment from the Sunnyland Neighborhood Association to rezone approximately 4 acres of land in Areas 1, 1A and 8 of the Sunnyland Neighborhood Council Member Weiss reported that the Planning Committee had reviewed the Sunnyland Neighborhood Association, (SNA) proposal, as well as the staff proposal, and recommended approval of the staff compromise proposal. Council and staff discussed and clarified the differences between the proposals. Jack Weiss / Gene Knutson moved to direct staff to prepare an ordinance, supporting staff proposal #2, for the August 11, 2014 meeting. Terry Bornemann / Gene Knutson moved to amend the staff recommendation and allow only single family homes along Illinois Street. MOTION FAILED 2-5, Pinky Vargas, Cathy Lehman, Roxanne Murphy, Michael Lilliquist, Jack Weiss opposed. City of Bellingham Regular City Council Meeting Page 4 of 11 8/4/2014  Roxanne Murphy / Terry Bornemann moved to amend the staff recommendation to allow the infill toolkit as an option, not a requirement. MOTION FAILED 2-5, Gene Knutson, Terry Bornemann, Cathy Lehman, Michael Lilliquist, Jack Weiss opposed. (MAIN) MOTION CARRIED 7-0. 20497 2. Discussion regarding a resolution to docket three proposed comprehensive plan amendments for review in the upcoming year "A RESOLUTION ESTABLISHING THE DOCKET OF PROPOSED COMPREHENSIVE PLAN AMENDMENTS TO BE REVIEWED IN 2014-2015." Jack Weiss / Gene Knutson move to support the resolution docketing Samish Areas 1 & 9. MOTION CARRIED 7-0. Jack Weiss / Gene Knutson moved that the proposal by Pacific Harbor Holdings, LLC for 801 Samish Way in the Samish Neighborhood Area 4 & 9, be docketed for purposes of zoning from Residential, Single to Commercial, Planned, and to be asked to fulfill the pre- docketing requirements with the proposal brought forward to the council at a future date. Jack Weiss withdrew the motion. Jack Weiss / Gene Knutson moved final approval of Resolution #2014-29 to be amended as follows:  To add a Whereas (number nine of 10), which says:  "WHEREAS, the City Council considered a resolution including all three proposals during a Planning Committee meeting on August 4, 2014, and directed Pacific Harbor Holdings, LLC to follow the Comprehensive Plan amendment docketing procedures in BMC 21.10.150 (including a neighborhood meeting) prior to a final Council decision on docketing their proposal for review in 2014-2015; and"  Remove the second 'bullet' from the Now therefore section referring to the change in zoning at 801 Samish Way.  Remove item 3. from Attachment 1a. MOTION CARRIED as amended 7-0. City of Bellingham Regular City Council Meeting Page 5 of 11 8/4/2014  Public Works / Public Safety 20514 1. Report on a test of body-worn cameras by the Bellingham Police Department Report presented during committee. Information only. Parks and Recreation 20515 1. Noise Variance for Lake Padden Golf Course Pond Restoration Roxanne Murphy / Pinky Vargas moved to grant a noise variance for the Lake Padden Golf Course Pond Restoration from August 5 - August 29, 2014. MOTION CARRIED 7-0. Community and Economic Development 20516 1. Project Update on Opportunity Zones Update presented during committee. Information only. Committee Of The Whole 20517 1. Health care benefits strategies now and into the future Report presented during committee. Information only. 20518 2. Extension and renewal of an emergency ordinance creating interim zoning for the establishment of facilities producing, processing and retailing recreational marijuana "AN ORDINANCE OF THE CITY OF BELLINGHAM, WASHINGTON, RELATING TO LAND USE AND ZONING; DECLARING AN EMERGENCY; ADOPTING AND RENEWING INTERIM ZONING REGULATIONS FOR THE SITING, ESTABLISHMENT, AND OPERATION OF ANY STRUCTURES OR USES RELATING TO THE PRODUCTION, PROCESSING, OR RETAILING OF RECREATIONAL MARIJUANA (SPECIFICALLY EXCLUDING MEDICAL MARIJUANA OR MEDICAL CANNABIS); AND SETTING SIX MONTHS AS THE EFFECTIVE PERIOD OF THE INTERIM ZONING TO ALLOW CITIZENS TO APPLY FOR LICENSES FROM THE WASHINGTON STATE LIQUOR CONTROL BOARD TO PRODUCE, PROCESS, OR RETAIL RECREATIONAL City of Bellingham Regular City Council Meeting Page 6 of 11 8/4/2014  MARIJUANA IN THE CITY WHILE THE CITY STUDIES THE LAND USE IMPACTS OF SUCH USES." Michael Lilliquist / Terry Bornemann moved final consideration of the Emergency Ordinance #2014-08-039. MOTION CARRIED 7-0. 20519 3. 2014 Second Quarter Financial Review Review presented during committee. Information only. 20520 4. Update on Fireworks Ban Enforcement Update presented during committee. Information only. 20521 5. A Letter to Puget Sound Energy Regarding Divestment in Coal Power Cathy Lehman / Michael Lilliquist moved to authorize the Council President to sign the letter as presented on behalf of the Council. Council Member Vargas recused herself as she is an employee of Puget Sound Energy. MOTION CARRIED 6-0-1, Pinky Vargas abstained. 20522 6. Consideration of a Resolution Opposing the Violence in Gaza and the Targeting of Civilians This resolution died in committee. No action taken. 7. Approval of Minutes Gene Knutson / Roxanne Murphy moved to approve the July 21, 2014 minutes of the regular City Council meeting as corrected. MOTION CARRIED 7-0. 8. Old/New Business OLD/NEW Council President Lehman noted that the link to the City Council page on the city's web site is www.cob.org\council. City of Bellingham Regular City Council Meeting Page 7 of 11 8/4/2014  Council President Lehman said that it has been agreed that staff resources in the City Council office will be directed to create an annual report for the City Council as well as helping to bring the Martin Luther King event back to City Hall. Council President Lehman reported that on July 31, she and Mayor Linville had met with Governor Inslee, members of his staff, officials from Whatcom County and the Port of Bellingham to discuss matters about Whatcom County and Bellingham. They then attended a presentation regarding waterfront redevelopment at the Ferry Terminal. She said that Governor Inslee had some pertinent questions and was impressed with the opportunities at the waterfront and asked how the State could help. Executive Session 1. Litigation: Fred Meyer Stores Inc. and Lummi Nation's appeal of the MDNS and Consolidated Permit issued for the Costco project (HE-14-PL- 019): Staff provided an update on a litigation matter. Direction given. No action taken. 2. Potential Property Acquisition: Staff provided information on a potential property acquisition. Jack Weiss / Pinky Vargas moved to authorize the purchase of real property located near Agate Bay in the Lake Whatcom Watershed from the Shetabi trust for $700,000.00 with an anticipated closing date of August 12, 2014. MOTION CARRIED 7-0. 3. Labor Relations Bargaining Strategy: Staff provided information on labor relations bargaining matters. This was for information only. No action taken. 4. Potential Property Acquisition: Staff provided information on a potential property acquisition. Roxanne Murphy / Terry Bornemann moved to authorize the purchase of real property located at 1714 22nd Street, Bellingham, Washington from Carolyn Sue Blethen for $194,000.00 with an anticipated closing date of September 15, 2014. MOTION CARRIED 7-0. 5. Potential Litigation Ferlin et al. v. Chuckanut Community Forest Park District, Whatcom County, Steven Oliver, and the City of Bellingham (Whatcom County Superior Court No. 14-2-01694-4): Staff provided information on a litigation matter. Direction given. No action taken. City of Bellingham Regular City Council Meeting Page 8 of 11 8/4/2014  Mayor's Report Standing time for briefings, updates and reports to Council by the Mayor, if needed. Information only. Mayor Linville reported:  Whatcom County Council has approved funding for Mental Health Court downtown.  A letter went to the Parks Commission with regard to the naming of Cornwall Beach Park. The Commission has recommended naming the park Klipsun Beach Park.  The city has exceed the 50% goal of participation by employees and has been named an AWC WellCity. The participation by employees saves 2% on the city's health care costs.  The city issued a press release on Opportunity Zones. 20523 1. Mayor's Appointment of Loraine Boland to the Museum Foundation Board Terry Bornemann / Michael Lilliquist moved to authorize the Mayor's appointment of Loraine Boland to the Museum Foundation Board. 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. 20464 1. Adoption of the Downtown Bellingham Plan and associated development regulations "AN ORDINANCE RELATED TO LAND USE PLANNING AND ZONING, AMENDING THE BELLINGHAM COMPREHENSIVE PLAN; REPEALING THE CBD NEIGHBORHOOD PLAN; REPEALING THE 2002 CITY CENTER MASTER PLAN; AMENDING THE LETTERED STREETS NEIGHBORHOOD PLAN, INCLUDING LAND USE AREAS 8, 12, 13, 14, AND 15; AMENDING THE SEHOME NEIGHBORHOOD PLAN, INCLUDING LAND USE AREAS 2, 3, 4, AND 5; AMENDING THE SUNNYLAND NEIGHBORHOOD PLAN, INCLUDING LAND USE AREA 6; AMENDING THE YORK NEIGHBORHOOD PLAN, INCLUDING LAND USE AREAS 2 AND 4; AMENDING THE CITY OF BELLINGHAM ENVIRONMENTAL PROCEDURES (CHAPTER 16.20 BMC); City of Bellingham Regular City Council Meeting Page 9 of 11 8/4/2014  AND AMENDING THE LAND USE DEVELOPMENT CODE (TITLE 20 BMC) FOR THE PURPOSE OF ADOPTING THE CITY CENTER NEIGHBORHOOD PLAN, DOWNTOWN BELLINGHAM PLAN, AND ASSOCIATED DESIGN STANDARDS AND DEVELOPMENT REGULATIONS." 20524 2. Authorization of Payroll labor cost payments dated July 11 2014 - July 25 2014 20525 3. Authorization of A/P checks issued July 18, 2014 20526 4. Authorization of A/P checks issued July 25, 2014 Gene Knutson / Roxanne Murphy moved to approve the Consent Agenda in its entirety. Michael Lilliquist / Gene Knutson moved to remove item 1, AB 20464 from the Consent Agenda. MOTION FAILED 2-5, Pinky Vargas, Terry Bornemann, Cathy Lehman, Roxanne Murphy, Jack Weiss, opposed. (MAIN) MOTION CARRIED 7-0. Final Consideration of Ordinances 20504 1. 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. Terry Bornemann / Gene Knutson 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 #2014-08-040 20486 2. 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 City of Bellingham Regular City Council Meeting Page 10 of 11 8/4/2014 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 #2014-08-041 Adjournment There being no further business, the meeting adjourned at 10:07 p.m. ___________________________________________ Cathy Lehman, Council President ___________________________________________ ATTEST: Linda D. Anderson, City Clerk Representative APPROVED: 9/8/2014 City of Bellingham Regular City Council Meeting Page 11 of 11 8/4/2014