City Council - Regular Meeting

City of Bellingham City Council Regular Meeting Minutes 10/13/2014, 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: 1. There will be a Public Hearing on the Rental Safety Program on Monday, October 27th at the 7:00 PM meeting. 2. There will be a Public Hearing on the preliminary biennial budget on Monday, October 27th at the 7:00 PM meeting. Bellingham City Council meets all requirements of the State of Washington Open Public Meetings Act. Pledge of Allegiance Led by Council President Lehman. Roll Call Jack Weiss absent. 15-Minute Public Comment Period Ken Holmes spoke in opposition to rental licensing. Dick Conoboy spoke in opposition to surplussing the property at 46th & Byron [AB 20578]. Elliott Smith spoke in favor of increasing on-street parking to 72 hours [AB 20557]; asked that Clean Green be kept open and to keep the cost reasonable; and spoke in support of the resolution for Coast Salish Day [AB 20580]. City of Bellingham Regular City Council Meeting Page 1 of 11 October 13, 2014  Charles Law spoke in support of the resolution for Coast Salish Day [AB 20580] and asked that the City respond to the death of Terry Lee Bradley, a pedestrian killed on Alabama Street. He asked that the speed limit on Alabama Street be lowered now. Marian Beddill spoke in support of the resolution for Coast Salish Day [AB 20580]. Additionally, she noted that WRIA 1 (Water Resources Inventory Area 1), a community built program, is headed toward resolving a fair, adequate and respectful resolution of water distribution in Whatcom County. The following citizens spoke in support of the resolution for Coast Salish Day [AB 20580]: Beth Brownfield Patrick Austin Freeland Lloyd Zimmerman Matt Petryni Michael Vendiola Larry Hildes Karen Weill Dean Tuckerman Kate Harrison David Krzesni Theodore Wheland Bob Burr Marie Christenson has a business on Holly Street. She has strong concerns and asked for guidance about what can be done about the urinating, defecating and sleeping in the entry way of her business. The police have been very kind in their response to her requests for help but their resources are thin. Wendy Harris spoke in support of the resolution for Coast Salish Day [AB 20580]; in opposition to surplussing the property at 46th & Byron [AB 20578] and advocated for saving open spaces. Nicholas Courtney spoke in support of the resolution for Coast Salish Day [AB 20580]. He referred to HB1495, [encouraging that Washington's tribal history be taught in the common schools] and whose original language was amended from "requiring". He feels it will impact the community when the kids do not see themselves represented in educational material and careers. He would like to press the Bellingham School District to acknowledge traditional native lands and would like the community to join in solidarity. Additionally he proposed that a longhouse be built at Western Washington University such as those at Evergreen State College and the University of Washington. City of Bellingham Regular City Council Meeting Page 2 of 11 October 13, 2014  Candice Wilson spoke in support of the resolution for Coast Salish Day [AB 20580]; and read a letter from Tim Ballew of the Lummi Indian Business Council. Order of business changed: 20580 2. A Resolution Recognizing the Second Monday in October as Coast Salish Day "A RESOLUTION RECOGNIZING THE SECOND MONDAY IN OCTOBER AS COAST SALISH DAY." Roxanne Murphy / Terry Bornemann moved final approval of Resolution #2014-33. MOTION CARRIED 6-0. BREAK Council President Lehman called the meeting back to order at 8:02 p.m. Public Hearing 20574 1. A Public Hearing to consider a request to add a comprehensive plan amendment to the docket for review in 2014-15 "A RESOLUTION ADDING AMENDMENTS TO AREA 4 OF THE SAMISH NEIGHBORHOOD PLAN TO THE DOCKET OF PROPOSED COMPREHENSIVE PLAN AMENDMENTS TO BE REVIEWED IN 2014- 2015." Staff presentation by Lisa Pool, Planner. She reviewed criteria to be considered for adding a proposal to the docket. Staff and the Planning Commission recommend approval. Kate Haskell, Pacific Harbor Holdings, expressed thanks for considering the request and described the positive process and the good relationship they have built with the neighbors. Rodney Anderson, on behalf of Pacific Harbor Holdings, reviewed the process, the criteria met and their work with the neighbors. Simi Jain, Attorney, Zender Thurston, spoke on behalf of Pacific Harbor Holdings. Her clients look forward to working with the neighbors to resolve any issues and urged support of docketing this request. City of Bellingham Regular City Council Meeting Page 3 of 11 October 13, 2014  Council President Lehman opened the public hearing. Dick Conoboy asked the council to consider, what might be, unintended consequences of approving this. He addressed uses in the surrounding area, which may feel pressure over the next few years to rezone. The entire complexion of that part of Samish Way could be changed. He asked that the entire picture for this area be considered. Ken Chovil, spoke in support of approving this docketing request. He is very interested in preserving the quality of this neighborhood and allowing this process to further the conversation with regard to this property. Marian Beddill has strong concerns about the traffic, in particular the entrance/exits on this part of Samish Way, which can be subject to high speed traffic. Ron Judd lives on Samish Way and also has concerns about the amount and speed of the traffic on Samish Way as well as the domino affect a change of zoning might have on the other properties in this cluster. There being no further comments, the public hearing was closed. Gene Knutson / Roxanne Murphy moved final approval of Resolution #2014-34. MOTION CARRIED 6-0. 20558 2. Public Hearing and Resolution for the 2014-2019 Water Use Efficiency Program "A RESOLUTION OF THE CITY OF BELLINGHAM ADOPTING THE 2014 - 2019 WATER USE EFFICIENCY GOALS AND PERFORMANCE MEASURES." Staff presentation by Anitra Accetturo, Water Conservation Coordinator, who reviewed the key requirements of the Washington Administrative Code (WAC 246-290); progress to date and future plans for accomplishing these goals through 2019. The resolution reflects the goals and measures to be included into the water use efficiency program. These goals will support the state's mission to "…strive to ensure a safe and reliable supply of drinking water to meet current and future needs."; and the City's goal to "provide education and information that results in more efficient and source- appropriate use of our water resources." Council President Lehman opened the public hearing. No citizens spoke and the public hearing was closed City of Bellingham Regular City Council Meeting Page 4 of 11 October 13, 2014  Gene Knutson / Terry Bornemann moved final approval of Resolution #2014-35. MOTION CARRIED 6-0. Public Works / Public Safety 20575 1. Update on EMS System and Contract for Advanced Life Support (ALS) Update presented during committee. Information only. 20576 2. Community Paramedic Pilot Program Briefing provided during committee. Information only. 20557 3. Proposed ordinance amending Title 11 of the Bellingham Municipal Code relating 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." Committee set over for an additional worksession. No action taken. 20527 4. Bicycle Master Plan Work Session "A RESOLUTION OF THE CITY OF BELLINGHAM, WASHINGTON APPROVING THE 2014 BICYCLE MASTER PLAN." Terry Bornemann / Michael Lilliquist moved final approval of Resolution #2014-36 inserting the following in the Now Therefore section: "as amended by the Staff Memorandum dated October 7, 2014, and as further amended by Council action at its regular meeting on October 13, 2014." City of Bellingham Regular City Council Meeting Page 5 of 11 October 13, 2014  Michael Lilliquist / Gene Knutson moved to amended Action 1.3.2 at page 21 of the Plan as follows: remove "where appropriate and"; and insert "whenever" to read "…whenever feasible…". MOTION CARRIED 6-0. Michael Lilliquist / Gene Knutson moved to amend the staff memorandum dated October 7, 2014: to remove "less than" and insert "15" to read "…with the goal of completion in 15-20 years." MOTION CARRIED 4-2, Terry Bornemann, Roxanne Murphy opposed. MAIN MOTION CARRIED 6-0 as amended. Lake Whatcom Reservoir and Natural Resources 20577 1. Report from the October 6, 2014, Lake Whatcom Policy Group Meeting Report presented during committee. Information only. Parks and Recreation 20578 1. Report on Potential Surplus Real Property [located at 46th and Byron]. Roxanne Murphy / Gene Knutson moved to direct staff to schedule a public hearing. After discussion with council members, Mayor Linville said she would present the full list of properties to the council that are being considered as surplus; and acknowledged that it would be a good idea to review this proposal with the Parks Board. MOTION CARRIED 6-0 Committee Of The Whole 20579 1. Discussion of City Legislative Objectives During committee, the Council agreed to approve the Legislative Objectives as presented and to develop city [only] objectives. 20580 2. Order of business change; see action following public comment: A Resolution Recognizing the Second Monday in October as Coast Salish Day City of Bellingham Regular City Council Meeting Page 6 of 11 October 13, 2014  20581 3. Whatcom Mountain Biking Coalition's Contributions to the Community and the Economic Impacts of Mountain Biking to the City of Bellingham Presentation during committee. Information only. 20582 4. City Sources of Revenue Presentation during committee. Information only. 5. Approval of Minutes Michael Lilliquist / Roxanne Murphy moved to approve the minutes of the September 22, 2014 regular meeting, as submitted. MOTION CARRIED 5-0-1, Pinky Vargas abstained. 6. Old/New Business Council President Lehman will assess whether to move the October 27, 2014 meeting to a location that could accommodate a potentially larger audience. Ted Carlson, Public Works Director reported that WSDOT has approved the city's proposal for Alabama Street improvements including lowering the speed limit. Work is scheduled to begin in 2015. 20583 7. Work Session on the 2015-2016 Biennial Budget Discussion of Public Development Authority, Executive and Legislative budgets in the worksession. There were no amendments to the preliminary budget. Executive Session 1. Potential Litigation/Potential Property Acquisition: Staff provided information on a potential litigation matter and a potential property acquisition matter. Information only. No action taken. City of Bellingham Regular City Council Meeting Page 7 of 11 October 13, 2014  2. Potential Litigation: Staff provided information on a potential litigation matter. Direction given. No action taken. 3. Potential Property Acquisition: This item was cancelled. Mayor's Report Standing time for briefings, updates and reports to Council by the Mayor, if needed. Information only. The Mayor offered her congratulations on the successful passage of the resolution with regard to Coast Salish Day. She also noted:  The ASB Trail will open next spring.  Rick Sepler has accepted the position as Planning & Community Development Director.  There will be an Earthquake Drill at City Hall on October 16th.  On October 27th, there will be a resolution with regard to properties on Samish Way.  A list of all properties under consideration for surplussing will be brought forward to the council. 20584 1. Mayor's Appointment of Geoff Middaugh as the South Hill Primary Representative and Roberta DeBoard as the South Primary Representative to the Mayor's Neighborhood Advisory Commission (Information) Information only. 20585 2. Mayor's Reappointment of Ben Millar to the Community Development Advisory Board (Information) Information only. City of Bellingham Regular City Council Meeting Page 8 of 11 October 13, 2014  20586 3. Mayor's Appointment of Peter Hurd to the Parks & Recreation Advisory Board (Information) Information only. 20587 4. Mayor's Reappointment of Jim Bjerke and Tom Weller to the Transportation Commission (Approval) Terry Bornemann / Gene Knutson moved to approve the Mayor's reappointment of Jim Bjerke to the Transportation Commission, term ending October 19, 2017. MOTION CARRIED 6-0. Terry Bornemann / Roxanne Murphy moved to approve the Mayor's reappointment of Tom Weller to the Transportation Commission, term ending October 24, 2017. MOTION CARRIED 6-0. 20588 5. Mayor's Reappointment of Barbara Ryan to the Museum Foundation Board (Approval) Michael Lilliquist / Terry Bornemann moved to approve the Mayor's reappointment of Barbara Ryan to the Museum Foundation, term ending October 24, 2017. MOTION CARRIED 6-0. 20589 6. Mayor's Reappointment of Bob Ross to the Design Review Board (Approval) Terry Bornemann / Roxanne Murphy moved to approve the Mayor's reappointment of Bob Ross to the Design Review Board, term ending September 25, 2018. 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. 20590 1. Bid Award for UPS (Universal Power Supply) Replacement at WHAT- COMM 911, Bid #1B-2014 20591 2. Budget Amendment to allow for receipt and spending of grant funds from The Department of Justice in the amount of $41,035 City of Bellingham Regular City Council Meeting Page 9 of 11 October 13, 2014  "AN ORDINANCE AMENDING THE 2014 ADOPTED BUDGET RECOGNIZING A $41,035.00 GRANT FROM THE DEPARTMENT OF JUSTICE TO THE BELLINGHAM POLICE DEPARTMENT, GENERAL FUND, AND APPROPRIATING $41,035.00 IN RELATED EXPENDITURES IN THE POLICE PROACTIVE OPERATIONS GROUP." 20592 3. Authorization of A/P checks issued September 19, 2014 20593 4. Authorization of Payroll labor cost payments dated September 11, 2014 - September 25, 2014 20594 5. Authorization of A/P checks issued September 5, 2014 20595 6. Authorization of A/P checks issued September 26, 2014 20596 7. Authorization of A/P checks issued October 3, 2014 20597 8. Bid Award for Polymer for Wastewater Treatment Plant, Bid Number 42B-2014 Gene Knutson / Roxanne Murphy moved to approve the Consent Agenda in its entirety. MOTION CARRIED 6-0. Final Consideration of Ordinances 20555 1. "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." 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, MURPHY, VARGAS NAYS: LILLIQUIST EXCUSED: WEISS City of Bellingham Regular City Council Meeting Page 10 of 11 October 13, 2014  MOTION CARRIED 5-1-1 and was thereafter named Ordinance #2014-10-056 20572 2. AN ORDINANCE ACCEPTING NORTH CASCADES AUDUBON SOCIETY'S DONATION OF SCUDDER'S POND PROPERTY. 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 NAYS: EXCUSED: WEISS MOTION CARRIED 6-0-1 and was thereafter named Ordinance #2014-10-057 Adjournment There being no further business, the meeting adjourned at 9:36 p.m. ____________________________________________ Cathy Lehman, Council President ____________________________________________ ATTEST: Linda D. Anderson, City Clerk Representative APPROVED: 10/27/2014 City of Bellingham Regular City Council Meeting Page 11 of 11 October 13, 2014