City Council - Regular Meeting

City of Bellingham City Council Regular Meeting Minutes 09/08/2014, 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:  There will be a Public Hearing on the Rental Safety Program on Monday, October 27th at 7:00 PM. 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 Ken Holmes spoke in opposition to a Rental Safety Program. Christopher Bruce Deile expressed concern that several government agencies endorse a bear pepper spray for bear attacks, which he says, is not effective. Bruce Smith noted that a petition had been delivered to council members and city staff regarding the design and building of the new Happy Valley Elementary School. For 30 years, the traffic plan for the school has been served via 24th Street. The school district's new design plan intends to open a back door to the school and route school traffic down neighborhood streets: Mill Avenue, 27th Street and Durbin Court, which are City of Bellingham Regular City Council Meeting Page 1 of 12 9/8/2014  not adapted to that kind of traffic - they are narrow without sidewalks. He is asking the city's help to bring the school district to the table to come up with a better traffic plan. Sean Hegstad, Haven Design Workshop, discussed the RT-1 Area [AB 20464] (Downtown Bellingham Plan), specifically the area south of Holly between the college and downtown Bellingham. In Table 20.37.520 - Permitted Uses; Land Use Classification A.4. Boarding & Rooming Houses, he supports changing the use in RT-1 from Conditional to Permitted and a text amendment to allow an unlimited amount of bedrooms within a unit with unrelated occupants. Bill Geyer, representing the Seventh Day Adventist Church, also addressed the Downtown Bellingham Plan [AB 20464] in reference to the Table 20.37.520 - Permitted Uses; Land Use Classification A.4. Boarding & Rooming Houses/RT-1 Area. The Council has approved the densities for this area and encouraged redevelopment in the RT-1 area. He specifically requests that item A.4. be changed on the RT-1 Area from Conditional to Permitted use, which would allow the city's goal for redevelopment of this portion of downtown to be much more seamless and transparent. He also requests parallel language in item #4 that says that there is no limit to the number of bedroom of unrelated persons. These two changes would enable the council's direction for redevelopment of this area giving it high density for the city and student housing in a good location, midpoint between downtown and Western Washington University. Wendy Harris is concerned that the Public Access Television programming plan [AB 20534, AB 20535[ is not what the public anticipated and wants to ensure that this is a program that everyone has access to. Additionally, she addressed the Park & Recreation Open Space Plan [AB 20283]. She cited Bloedel Donovan and the need to have monitoring protocols inserted regarding the stormwater program. It has been five years since the Silver Beach ordinance was enacted and we still have no idea if those stormwater standards are successful. At Bloedel Donovan, near the parking lot, there is a wetland and a degraded habitat corridor that are not being restored. The city is re- sculpting the shoreline of the park to make it more accessible to people, pets and recreational vehicles and that is an intensity of use that is not being mitigated by increasing the buffer around that wetland. This is rare habitat that needs to be protected. Current plans call for putting more trails adjacent to the habitat corridor. She said, the habitat corridor is needed and will provide for human safety as well. Richard Wilson Starry Road/ Dewey Road noted that he has met with the Planning Department and will be submitting a new, revised annexation request for the Dewey Road area. City of Bellingham Regular City Council Meeting Page 2 of 12 9/8/2014  Public Hearing 20540 1. Consideration of application for Bureau of Justice Grant in the amount of $25,834 Chief Cook reviewed the proposal. Council President Lehman opened the public hearing. Gaythia Weiss is concerned because of the size of the vest, she hopes it does not give the officers a false sense of confidence. She spoke to the general idea of the Homeland Security Grants and feels these grants are becoming a national phenomenon and that it is part of a switch in concepts of policing towards a more militarized version. How police officers are equipped affect how they will respond and it affects how people will respond to the officers. She hopes that this will inspire our Department of Justice to come up with new funding programs about how we portray, create, fund and train for a community-oriented sense of policing. Wendy Harris feels that this kind of armor gives the appearance of safety not the reality of safety. Studies indicate that when police are more militarized it creates a different reaction in the crowd that's more likely to lead to violence. She said she does not know the different options for these type of grants but wondered if there are any that have to do with negotiation skills and things that are more moderating. There being no further comments, the public hearing was closed. Information only. Public Works / Public Safety 20541 1. Patrol Staffing and Deployment Study Presentation during committee. Information only. 20542 2. High Street Closure through Western Washington University's Campus Staff recommended that the word "permanently" be removed from the Now Therefore section: Section 1, paragraph 2, sentence 1. There was consensus by the council. Terry Bornemann / Gene Knutson moved approval for first and second reading and amending the ordinance to remove the word "permanently" from the Now Therefore City of Bellingham Regular City Council Meeting Page 3 of 12 9/8/2014  section: Section 1, paragraph 2, sentence 1 as recommended by staff. MOTION CARRIED 7-0. 20543 3. Request for Council to authorize night paving for 2014 overlay Terry Bornemann / Jack Weiss moved to approve a noise variance for night paving on 14th Street, Electric and Hawthorn. MOTION CARRIED 7-0. 20527 4. Bicycle Master Plan Work Session Worksession continued to September 22, 2014. Parks and Recreation 20544 1. Bid Award for Bloedel Donovan Park Improvements Roxanne Murphy / Gene Knutson moved to award Bid No. 39B-2014 for Bloedel Donovan Park Improvements EV-0103 to Matia Contractors, Inc. of Bellingham, 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 $509,664.95, which includes base bid, alternate 1 and any applicable WSST. MOTION CARRIED 7-0. Committee Of The Whole 20545 1. Public Access TV Update Update presented during committee. Information only. There will be two information sessions at the Library and a Request for Proposal will be issued at a future date to provide training for the public. Additionally, there will be equipment available for checkout through the city's technology services. 20546 2. Energy Initiatives: The Georgetown University Energy Prize City staff will continue to work toward competing for the Georgetown University Energy Prize. City of Bellingham Regular City Council Meeting Page 4 of 12 9/8/2014  20547 3. Army Street Project Informational Briefing Briefing presented during committee. Information only. A full update will be presented on September 22, 2014. 4. Approval of Minutes Gene Knutson / Roxanne Murphy moved to approve the minutes of the regular City Council meeting held August 4, 2014 as submitted. MOTION CARRIED 7-0. Terry Bornemann / Pinky Vargas moved to approve the minutes of the regular City Council meeting held August 11, 2014 as submitted. MOTION CARRIED 6-0, Jack Weiss abstained. 5. Old/New Business Council Member Bornemann asked for discussion on AB 20464 [Downtown Bellingham Plan], which will be heard under Final Consideration of Ordinances. Council Member Bornemann will work with the City Attorney to prepare a framework and timeline in regard to a replacement for the last year of Cathy Lehman's term on the City Council. Council Member Murphy will bring forward a proposal with regard to renaming Columbus Day as Coast Salish Day. Mayor's Report 20548 1. Mayor's Reappointment of Jean Melious to the Historic Preservation Commission (Approval) Gene Knutson / Jack Weiss moved to approve the reappointment of Jean Melious to the Historic Preservation Commission, term ending June 30, 2017. MOTION CARRIED 7-0. City of Bellingham Regular City Council Meeting Page 5 of 12 9/8/2014  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. 20549 1. Authorization of Payroll labor cost payments dated July 26, 2014 - August 8, 2014 20550 2. Authorization of Payroll labor cost payments August 9, 2014 - August 25, 2014 20551 3. Authorization of A/P checks issued August 8, 2014 20552 4. Authorization of A/P checks issued August 15, 2014 20553 5. Authorization of A/P checks issued August 22, 2014 Gene Knutson / Roxanne Murphy moved to approve the Consent Agenda in its entirety. MOTION CARRIED 7-0. Final Consideration of Ordinances 20481 1. 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 Michael Lilliquist / 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 #2014-09-042 20466 2. AN ORDINANCE RELATED TO LAND USE PLANNING AND ZONING, AMENDING BMC CHAPTER 20.25 FOR THE PURPOSE OF ADOPTING THRESHOLDS UNDER WHICH DESIGN REVIEW IS APPLICABLE IN THE City of Bellingham Regular City Council Meeting Page 6 of 12 9/8/2014  WATERFRONT DISTRICT, ADOPTING A WATERFRONT DESIGN REVIEW DISTRICT MAP, AND REPEALING BMC CHAPTER 20.39 MIXED USES 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 #2014-09-043 20465 3. AN ORDINANCE AMENDING BELLINGHAM MUNICIPAL CODE (BMC) CHAPTER 17.82 TO ADJUST THE BOUNDARIES OF TARGETED AREA 1 IN THE CITY CENTER (Multi-family Tax Exemption) Jack Weiss / 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 #2014-09-044 20283 4. AN ORDINANCE OF THE CITY OF BELLINGHAM RELATING TO LAND USE PLANNING AND UPDATING CHAPTER 7 OF THE BELLINGHAM COMPREHENSIVE PLAN, WITH THE NEW PARKS, RECREATION AND OPEN SPACE PLAN 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, KNUTSON, LEHMAN, LILLIQUIST, MURPHY, VARGAS, WEISS NAYS: EXCUSED: MOTION CARRIED 7-0 and was thereafter named Ordinance #2014-09-045 City of Bellingham Regular City Council Meeting Page 7 of 12 9/8/2014  20261 5. AN ORDINANCE OF THE CITY OF BELLINGHAM RELATING TO BELLINGHAM'S COMPREHENSIVE PLAN, AMENDING AREAS 2 AND 3 OF THE CORNWALL PARK NEIGHBORHOOD PLAN AND SECTION 20.00.050 OF THE BELLINGHAM MUNICIPAL CODE 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 #2014-09-046 20214 6. AN ORDINANCE OF THE CITY OF BELLINGHAM RELATING TO BELLINGHAM'S COMPREHENSIVE PLAN, ADDING NEW SUB-AREAS TO THE SAMISH, HAPPY VALLEY, CORDATA NEIGHBORHOOD PLANS, AMENDING EACH COMPREHENSIVE PLAN LAND USE DESIGNATION MAP, AND AMENDING BMC 20.00.045 CORDATA NEIGHBORHOOD TABLE OF ZONING REGULATIONS Jack Weiss / 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 #2014-09-047 20496 7. AN ORDINANCE OF THE CITY OF BELLINGHAM RELATING TO THE BELLINGHAM COMPREHENSIVE PLAN, AMENDING THE SUNNYLAND NEIGHBORHOOD PLAN AND REZONING THE PROPERTIES FORMERLY OWNED BY THE WASHINGTON STATE DEPARTMENT OF TRANSPORTATION (DOT) WITHIN AREAS 1, 1A, AND 8 OF THE SUNNYLAND NEIGHBORHOOD, AMENDING THE NEIGHBORHOOD PLAN, LAND USE MAP, ZONING MAP, BELLINGHAM MUNICIPAL CODE (BMC) 20.00.200, AND BMC 20.28.020 City of Bellingham Regular City Council Meeting Page 8 of 12 9/8/2014  Gene Knutson / 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: KNUTSON, LEHMAN, LILLIQUIST, MURPHY, VARGAS, WEISS NAYS: BORNEMANN EXCUSED: MOTION CARRIED 6-1 and was thereafter named Ordinance #2014-09-048 20464 8. 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); 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 Gene Knutson / Roxanne Murphy moved to amend BMC 20.37.520; Land Use Classification A. Residential, 4. Boarding & Rooming Houses in Area RT-1 from "C" Conditional to "P" Permitted. Staff reported that they are not opposed to this change. Council Member Lilliquist will oppose. He feels the boarding and rooming house ordinance is poorly written and while he does not oppose the density, he is concerned that this use may be misused. Staff reviewed permitting through the conditional use process. Council Member Weiss will oppose. He is concerned about the impacts on neighbors and feels the downtown area needs more market based housing, rather than low income/student housing. MOTION CARRIED 5-2, Michael Lilliquist, Jack Weiss opposed. City of Bellingham Regular City Council Meeting Page 9 of 12 9/8/2014  Michael Lilliquist / Gene Knutson moved approval for third and final reading as amended. 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 #2014-09-049 as amended. 20532 9. AN ORDINANCE AMENDING THE 2014 ADOPTED BUDGET AND UPGRADING ONE FULL TIME POSITION IN THE LEGISLATIVE DEPARTMENT WHERE NO ADDITIONAL APPROPRIATION IS REQUESTED 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 #2014-09-050 20533 10. AN ORDINANCE AMENDING THE 2014 ADOPTED BUDGET UPGRADING TWO FULL TIME POSITIONS IN THE EXECUTIVE DEPARTMENT AND DELETING ONE FULL TIME VACANT POSITION, WHERE NO ADDITIONAL APPROPRIATION IS REQUIRED Gene Knutson / 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: KNUTSON, LEHMAN, LILLIQUIST, MURPHY, VARGAS NAYS: BORNEMANN, WEISS EXCUSED: MOTION CARRIED 5-2 and was thereafter named Ordinance #2014-09-051 City of Bellingham Regular City Council Meeting Page 10 of 12 9/8/2014  20534 11. AN ORDINANCE AMENDING THE 2014 ADOPTED BUDGET APPROPRIATING AN ADDITIONAL $35,000.00 FROM ESTIMATED ENDING RESTRICTED RESERVES IN THE PUBLIC ACCESS TELEVISION PILOT TRAINING PROGRAM AND STARTUP EXPENDITURES Jack Weiss / 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 #2014-09-052 20535 12. AN ORDINANCE AMENDING THE 2014 ADOPTED BUDGET APPROPRIATING AN ADDITIONAL $15,000.00 FROM ESTIMATED ENDING RESTRICTED RESERVES IN THE RESTRICTED EQUIPMENT PEG FUND TO PROVIDE FOR THE PUBLIC ACCESS TELEVISION PILOT INCLUDING TRAINING PROGRAM EQUIPMENT AND STARTUP EQUIPMENT 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 #2014-09-053 20538 13. AN ORDINANCE AMENDING BELLINGHAM MUNICIPAL CODE (BMC) SECTION 2.56.020 TO CORRECT A SCRIVENER'S ERROR Gene Knutson / 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: City of Bellingham Regular City Council Meeting Page 11 of 12 9/8/2014  AYES: BORNEMANN, KNUTSON, LEHMAN, MURPHY, VARGAS, WEISS NAYS: LILLIQUIST EXCUSED: MOTION CARRIED 6-1 and was thereafter named Ordinance #2014-09-054 Adjournment There being no further business, the meeting adjourned at 8:34 p.m. ____________________________________________ Cathy Lehman, Council President ____________________________________________ ATTEST: Linda D. Anderson, City Clerk Representative APPROVED: 9/22/14 City of Bellingham Regular City Council Meeting Page 12 of 12 9/8/2014