City Council - Regular Meeting

City of Bellingham City Council Regular Meeting Minutes 09/22/2014, 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:  1There will be a Public Hearing on Monday, October 13th, for .consideration of a request to docket amendments to the Samish Neighborhood Plan for a rezone at 801 Samish Way.  2There 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 Pinky Vargas excused. 15-Minute Public Comment Period Ken Holmes spoke in opposition to a Rental Safety Program. Judy Collins, 210 Horton Road, repeated her request for water service at her home on Horton Road. Bob Knodt questioned the need for the City to provide classes on how to make videos when high schools and the college already do that. He also questioned the proposed City of Bellingham Regular City Council Meeting Page 1 of 8 9/22/2014  increase for fines on parking infractions and wondered if they are in line with other cities. Additionally, he took issue with people riding bicycles and not following the rules of the road. Pam Borso, President, North Cascades Audubon Society, thanked the City for accepting the donation, and taking over the stewardship, of Scudder's Pond [AB 20572]. Presentation 20554 1. Presentation by the Washington State Department of Ecology to the City of Bellingham for the Wastewater Treatment Plant's Outstanding Performance in 2013 Information only. 20555 1. Consideration of a site specific rezone of the eastern 10 acres of Area 1, Meridian Neighborhood to allow the City's planned industrial uses "AN ORDINANCE RELATING TO LAND USE PLANNING AND ZONING, SPECIFICALLY REZONING APPROXIMATELY 10 ACRES IN AREA 1 OF THE MERIDIAN NEIGHBORHOOD AND CREATING A NEW SUBAREA, AREA 1A, IN THE MERIDIAN NEIGHBORHOOD ZONING TABLE AND THE ZONING MAP. THE CREATION OF AREA 1A WILL ALLOW THE FULL RANGE OF THE CITY'S PLANNED INDUSTRIAL USES IN ADDITION TO THOSE ALREADY PERMITTED USES IN AREA 1, MERIDIAN NEIGHBORHOOD." Council President Lehman reported that the Council voted 4-1, Michael Lilliquist opposed, during the Closed Record Hearing, to accept the Planning Commission's recommendation to approve the rezone request. (Vargas, Lehman absent and excused during the hearing). Terry Bornemann / Gene Knutson moved approval for first and second reading. MOTION CARRIED 4-1-1, Michael Lilliquist opposed; Cathy Lehman abstained. Public Works / Public Safety 20556 1. Request for Variance to Allow Nighttime Construction on Aldrich Road to Minimize Disruptions to Cordata Elementary School. City of Bellingham Regular City Council Meeting Page 2 of 8 9/22/2014  Terry Bornemann / Gene Knutson moved to approve a noise variance for night construction on Aldrich Road, during October, subject to the condition that the developer provide appropriate notice to surrounding properties. MOTION CARRIED 5-1, Jack Weiss opposed. Order of business changed: 20527 3. Bicycle Master Plan Work Session Worksession continued to next regular meeting. 20557 2. Proposed Ordinance Amending Title 11 of the Bellingham Municipal Code Related to Parking "AN ORDINANCE OF THE CITY OF BELLINGHAM, WASHINGTON RELATING TO PARKING: INCREASING THE MAXIMUM ON-STREET PARKING TIME LIMIT TO SEVENTY-TWO HOURS; PROVIDING AUTHORITY FOR THE BELLINGHAM POLICE DEPARTMENT TO IMPOUND VEHICLES WITH FOUR OR MORE OUTSTANDING PARKING INFRACTIONS WHEN IN THE PUBLIC RIGHT-OF-WAY OR ON PUBLIC PROPERTY; INCREASING PARKING INFRACTION PENALTIES; UPDATING AND CLARIFYING VARIOUS REGULATORY AND ADMINISTRATIVE PROVISIONS OF THE PARKING CODE; AND AMENDING CHAPTERS 11.18, 11.33, AND 11.36 OF THE BELLINGHAM MUNICIPAL CODE." Worksession continued to next regular meeting. 20558 4. Water Use Efficiency Program Plan Terry Bornemann / Michael Lilliquist moved to direct staff to schedule a Public Hearing. MOTION CARRIED 6-0. Lake Whatcom Reservoir and Natural Resources 20559 1. Report from the September 15, 2014 Lake Whatcom Policy Group meeting Report presented during committee. Information only. City of Bellingham Regular City Council Meeting Page 3 of 8 9/22/2014  Committee Of The Whole 20560 1. Capital Facility Discussion Discussion held during committee. Information only. 20561 2. Bellingham Public Library: connecting with our schools Presentation during committee. Information only. 20562 3. A Resolution Establishing the Appointment Process To Fill The Vacancy In The Third Ward Councilmember Position During committee, the council recommended the following amendments: 1st WHEREAS: insert "at the conclusion of the Council's December 15, 2014 meeting" at end of sentence; 2 WHEREAS: insert "the time of her resignation" at end of sentence; nd NOW THEREFORE SECTION: Section 2: Insert December 17, 2014 Section 5: Replace first sentence with "Following the executive session, the Council will vote to appoint the interim Council member." Michael Lilliquist / Terry Bornemann moved final approval of Resolution #2014-30 as amended. MOTION CARRIED 5-0-1, Cathy Lehman abstained. Terry Bornemann / Gene Knutson moved to approve the form for Application for Appointment to Interim City Council 3rd Ward Representative Position. MOTION CARRIED 5-0-1, Cathy Lehman abstained. 20563 4. Presentation on the Community Health Improvement Plan (CHIP) Presentation during committee. Information only. 20547 5. Army Street Project Informational Briefing Briefing presented during committee. Information only. City of Bellingham Regular City Council Meeting Page 4 of 8 9/22/2014  6. Approval of Minutes Gene Knutson / Terry Bornemann moved to approve the minutes of the regular City Council Meeting held September 8, 2014, as submitted. MOTION CARRIED 6-0. 7. Old/New Business Council Member Murphy will draft a proposal to replace Columbus Day with Coast Salish Day. Council Member Lilliquist reported that the Downtown Bellingham Partnership has received its 501c3 status. Council Member Knutson reported that he and Mayor Linville had hosted the delegation from the Sister City Cheongju, South Korea. Mayor Linville presented the draft budget worksession schedule. Budget worksessions on regular council meeting days will be held at the end of business; all other worksessions will be held from 11:00 a.m. - 1:00 p.m. Executive Session 1. Potential Property Acquisition: Staff provided information on a potential property acquisition. Jack Weiss / Terry Bornemann moved to authorize the purchase of real property located in the Lake Whatcom watershed at Strawberry Shore Drive, Bellingham, Washington from Washington Federal, N.A. for $30,000.00 with an anticipated closing date of September 30, 2014. MOTION CARRIED 6-0. 2. Litigation: Newlun v. Rick Sucee, et al.: Staff provided information on a litigation matter. Direction given. No action taken. 3. 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 potential litigation matter. Direction given. No action taken. 4. Litigation: Fred Meyer Stores, Inc., appeal of the MDNS and Consolidated Permit issued for the Costco project (HE-14-PL-019) was cancelled. City of Bellingham Regular City Council Meeting Page 5 of 8 9/22/2014  5. Potential Property Acquisition was cancelled. 6. Potential Property Acquisition/Potential Litigation: Staff provided information on a potential property acquisition matter and a potential litigation matter. Direction given. No action taken. Mayor's Report Standing time for briefings, updates and reports to Council by the Mayor, if needed. Information only. Mayor Linville:  Acknowledged Ted Carlson's leadership for the City receiving the Washington State Department of Ecology Wastewater Treatment Plant Outstanding Performance award for the fourth year in a row;  A tabletop exercise regarding Oil Trail Derailment will be held;  Whatcom Creek Bridge has reopened;  Any new Items for the Joint Legislative Agenda need to be submitted to the Mayor's office by September 25th;  There are four finalists for the Planning & Community Development Director; and  Condemnation proceedings have begun at the Aloha Motel (Samish Way); innocent victims have been relocated. 20564 1. Mayor's Reappointment of William Dubay to the Mayor's Neighborhood Advisory Commission (Information) Information only. 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. 20565 1. Authorization of A/P checks issued Aug 29, 2014 20566 2. A Resolution setting the date for a public hearing before the Hearing Examiner for consideration of a petition to vacate a portion of the Samish Way/37th Alley south of Consolidation Avenue. City of Bellingham Regular City Council Meeting Page 6 of 8 9/22/2014  Res. #2014-31 "A RESOLUTION FIXING THE TIME FOR A PUBIC HEARING ON THE PROPOSED VACATION OF A PORTION OF THE SAMISH WAY/37TH ALLEY SOUTH OF CONSOLIDATION AVENUE." 20567 3. A Resolution setting the date for a Public Hearing before the Hearing Examiner for consideration of a petition to vacate an unnamed alley right-of-way generally located west of 15th Street centered between Taylor and Douglas Avenues Res. #2014-32 "A RESOLUTION FIXING THE DATE AND TIME FOR A PUBLIC HEARING TO CONSIDER A PETITION TO VACATE THE TAYLOR/DOUGLAS ALLEY WEST OF 15TH STREET LEGALLY DESCRIBED AS THE NORTH 20 FEET OF LOT 9, BLOCK 37, BELLINGHAM BAY LAND COMPANY'S FIRST ADD TO FAIRHAVEN." 20568 4. Authorization of Payroll labor cost payments dated August 26, 2014 - September 10, 2014 20569 5. Bid Award 45B-2014 Valves; Gate, Tapping, Check, and Tapping Sleeves 20570 6. Bid Award 46B-2014 for Ductile Iron Fittings, Couplings, Pipe restraints and Grip Rings 20571 7. Authorization of A/P checks issued Sept 12, 2014 20572 8. Proposed Ordinance Accepting Donation of Real Property known as Scudder's Pond from the North Cascades Audubon Society "AN ORDINANCE ACCEPTING NORTH CASCADES AUDUBON SOCIETY'S DONATION OF SCUDDER'S POND PROPERTY." Gene Knutson/Roxanne Murphy moved to approve the Consent Agenda in its entirety. MOTION CARRIED 6-0. Final Consideration of Ordinances 20542 1. AN ORDINANCE AMENDING ORDINANCE NO. 8527 TO PROVIDE FOR THE FULL-TIME CLOSURE OF A SEGMENT OF HIGH STREET LOCATED ON THE WESTERN WASHINGTON UNIVERSITY CAMPUS Jack Weiss / 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: City of Bellingham Regular City Council Meeting Page 7 of 8 9/22/2014  AYES: BORNEMANN, KNUTSON, LEHMAN, LILLIQUIST, MURPHY, WEISS NAYS: EXCUSED: VARGAS MOTION CARRIED 6-0 and was thereafter named Ordinance #2014-09-055 Adjournment There being no further business, the meeting adjourned at 7:58 p.m. ____________________________________________ Cathy Lehman, Council President ____________________________________________ ATTEST: Linda D. Anderson, City Clerk Representative APPROVED: 10/13/2014 City of Bellingham Regular City Council Meeting Page 8 of 8 9/22/2014