City Council - Regular Meeting

City of Bellingham City Council Regular Meeting Minutes 10/27/2014, 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 Transportation Benefit District Meeting on Monday, November 10th at 12:30 PM in Council Chambers. 2. There will be a Final Budget Public Hearing on Monday, November 24th at 7:00 PM in Council Chambers. 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 All present. (Council Member Knutson was excused from the meeting at approximately 10:30 p.m.) 15-Minute Public Comment Period Angela Murray Executive Director, Volunteer Center of Whatcom County requested that the city reconsider funding the Center's program. Lisa Anderson lives near Aloha Motel and encouraged closure of this business and said that other motels in the vicinity need to be closed as well. City of Bellingham Regular City Council Meeting Page 1 of 15 10/27/2014  Abe Jacobson lives near the Aloha Motel and supports its closure and asked that other motels be closed as well. Matt Petryni, Clean Energy Program Manager, ReSources for Sustainable Communities, spoke in support of relationships being built in the community in support of the Georgetown Community Energy Prize. Cynthia Sue Ripker Kutzagoitz addressed the multiple problems related to the Aloha Motel and surrounding area. Brad Swanson, Attorney, Belcher Swanson Law Firm, representing Albert and Margaret Figaro, 2454 Yew Street [AB 20601] requested that council reconsider the committee's recommendation to deny and revisit the current policy. Public Hearing 20382 1. A Public Hearing to consider an Ordinance establishing a Rental Housing Registration Program Peter Ruffatto, City Attorney, provided a brief overview of the ordinance which sets up a requirement for half the rental properties to register with the city by July 1, 2015 and for the remaining rental properties to register by January 1, 2016. BMC 6.15.030.B. notes those conditions that could exist in a rental until that could endanger or impair the health or safety of a tenant. He highlighted several portions of the ordinance, which also provides for exemptions and fees. Unless council takes action, there is a sunset clause of January 1, 2019. Greg Aucutt, Interim Planning Director noted that staff has attempted to estimate costs of the program based on the provisions of the ordinance, as written. If council approves the ordinance, or some form of the ordinance, then staff would return to council with a number of options for fees. Mr. Ruffatto noted that an educational component and a process for self-certification are discussed in the staff memo as options for council consideration. Council President Lehman opened the public hearing. Harriet Spanel supports inspections and a registration system. Don Keenan does not think a complaint based system will work and asked the council to complete the ordinance by adding a program to inspect all rental units in Bellingham every 3 years. City of Bellingham Regular City Council Meeting Page 2 of 15 10/27/2014  Jon Shaughnessy discussed problems at a rental on East Maple and said that passing this ordinance would be one step in the right direction. Annika Wolters, Western Washington University student, does not feel the property management company managing the apartments where she lives, takes her concerns seriously. Michael Barnes opposes the ordinance. He believes the Washington State Tenant Law provides processes for tenants who have problems with their landlords. He said, this is more of a social/civil issue and not a city issue. The costs for the city to implement such a program will ultimately fall on renters. Marlene Jensen agrees with Michael Barnes that this is more of a social problem and difficult to legislate. An ordinance targeting those properties that are not being managed correctly, would be more effective and cost less. Lisa McShane supports the rental registration ordinance and asked that it be amended to include required inspections. Maggie Hanson noted that the ordinance does not provide a timetable and wondered when the penalty charges would start - when the complaint is called in or at another time? This could be a problem as it takes quite a bit of time to get some permits. Kim Vlas owns several rental properties in Bellingham and wished that there could somehow be a distinction in the ordinance that would allow for people who do a good job. She asked the council to be careful with the fees and the inspection process because it can be quite onerous. Sears Taylor feels the city is using a shotgun approach to hit every owner and is concerned about the $200/day. It took three days to get a roofing contractor for his rental and if zoning requirements are involved, it could take up to three months Jack Eirrikson has a four-plex and said it is not fair to lump everyone in the same category and then pay for inspections. Ken Holmes spoke in opposition to rental registration. Luke Kosbab, university student, supports rental registration. Claudia Hollod supports inspection and registration of all rental units. Mark Schofield supports mandatory inspections. City of Bellingham Regular City Council Meeting Page 3 of 15 10/27/2014  Dave McCloskey does not support rental registration. Bob Marshall shared his experience as a renter. Jack Hovenier, Misty Mountain Realty, feels this ordinance is unnecessary and the landlord/tenant laws cover the issues. This would just create a new level of bureaucracy. Iris Maute-Gibson supports rental safety and recommended amending the ordinance to include mandatory inspections. Gretchen Anderson does not believe inspections or registration will solve the problems. She asked the council to oppose the proposed ordinance. Breck Anderson opposes this legislation as there are already rules in place. Mary Ellen Grimes opposes rental registration. Tim Hostetler supports inspection and rental registration. Lew Stevenson is opposed to this ordinance as the state already has laws. This would increase rents and reduce the number of units available. Abe Jacobson said that he has done some canvassing and 70% of the rentals are in good condition. He supports rental registration. Gloria Calderhead is concerned about the hygiene of many of the rentals and family homes. Carole Jacobson supports rental standards, registration and inspection. She feels that all new residential developments should include some form of affordable housing. BREAK Council President Lehman called the meeting back to order at 8:56 p.m. Harley Brown, Western Washington University student, shared her experience as a renter. Kendra Thomas, Western Washington University student, supports and would like mandatory inspections. She encouraged the city to commission a survey of all renters, students and non-students, to rate satisfaction and target bad landlords. City of Bellingham Regular City Council Meeting Page 4 of 15 10/27/2014  Sarah Kohout, Western Washington University student, supports a survey. Registration is not enough; the city needs mandatory inspections and a survey would help alleviate those concerns. Lane Anliker supports the ordinance and mandatory inspections. Peter Roberts asked council to consider taking no action. What is being proposed will eliminate any affordable housing in Bellingham except for those that are heavily subsidized. He proposed that anything built before 2012 be grandfathered in. Brian Kennedy said it is hard to find good housing and feels there needs to be a baseline for adequate housing. Tim Seth, Washington Landlord Association, submitted a letter which addressed concerns regarding rights of privacy, discrimination, and excessive fees. Bill Henshaw said that some problems are caused by renters, such as unhooking smoke detectors, and said the ordinance is not specific enough. He added that perhaps owner occupied houses should be inspected as well. Phyllis McKee can see some merits to this proposal and suggested another step - to fill out a form that has minimum information on it, such as when was the house built. Then take those forms and randomly do inspections and select out those that should be on the more chronic inspection list. James Everidge supports rental registration and mandatory inspections. Beth Beyers spoke in support of rental registration and advocated for inspections. Darleen Page does not feel rentals need to be registered as all of that information can already be obtained online. Any fee charged should be strictly for filing the paperwork/registration. Her biggest concern about the ordinance, as she understands it, is that there would be a discount in the fee structure for people who own larger complexes. Heather Res authored the 2012 off-campus WWU Student Life Survey. She shared data from the survey and noted that it would be important to have an education component with this program. This is an issue of health, safety and shelter and asked the Council to support rental registration and inspection. Betsy Pernotto spoke in support of rental registration and mandatory regular inspections. City of Bellingham Regular City Council Meeting Page 5 of 15 10/27/2014  Stephen Gockley, Attorney, said registration is a positive step, a reasonable and manageable expectation of property owners, but is not enough to achieve the stated goals of rental safety. He feels a survey has merit but will not resolve the issues and registration-only would not improve rental safety. Periodic, on-site safety inspections are needed. Judy Hopkinson advocated for single mothers, the disabled and others, 40% of whom are below poverty level and who cannot be responsible for landlords meeting their legal responsibilities. She said, we need to stand up and take care of those individuals and to make sure they have access to habitable dwellings. Rick Hannam spoke in opposition to rental registration. David Finet, Executive Director, Opportunity Council. He feels, the current version of the rental registration program does not go far enough and he advocated for regularly scheduled safety inspections. Linda Twitchell, Building Industry Association of Whatcom County. The Association has concerns that this will not resolve safety issues but will create bureaucracy; the fees have not yet been specified and they understand that mandatory inspections will cost $400-$500, which will be passed on to consumers. She said to be very clear about what the fees will be and noted that the Association does support code enforcement. Gaythia Weis stated that the city does need a proactive inspection system and code enforcement officers are a good idea. She likes the idea of a survey as proposed by the WWU students and she urged the council to make inspections a part of the proposal. Adrienne Lederer feels that registration-only will not suffice and the city must have qualified inspectors to do safety inspections of rental properties as well. Matt Petryni spoke in favor of the proposal. It is a good start but he would support amending the proposal to add a mandatory inspection element. Angela Barnes, President, Northwest Rental Association. She expressed support of the proposal with complaint driven inspection because she feels it will empower the people who have not been able to resolve their problems. She does not support mandatory inspections as she feels they are not necessary and will add to the expense of the tenant. Vince Crocker emphasized that he does not know how to budget for this because the language for the inspections is not specific. City of Bellingham Regular City Council Meeting Page 6 of 15 10/27/2014  Perry Eskridge, Whatcom Association of Realtors, supports registration and suggested color coding of rentals so that renters can tell, at a glance, whether or not the property has: no complaints, is the subject of a current complaint or has active regulatory enforcement (green, yellow, red). He also recommends code compliance for all housing, regardless of ownership status. Bob Burr supports rental registration and feels inspections need to be added to this ordinance. Catherine Chambers suggested that the proposed ordinance needs more work. She discussed a number of things that affect the rental situation: Western Washington University not providing adequate student housing; as housing stock is added one of the positives would be is that the less desirable properties will not be rented; she feels there should be restrictions on property management companies who are not taking care of the units that they manage; and she feels that any system requiring inspections should require all properties be inspected. There being no further comments, the public hearing was closed. It was the consensus of the Council to schedule a worksession on November 17, 2014 at 1:00 p.m. in Council Chambers and following the scheduled budget worksession. Council Member Weiss requested that staff 1) create a FAQ from comments/ questions heard during public hearing, and 2) create more detailed financial information with regard to how money would be generated and how it would be spent with a registration-only component. Council Member Knutson was excused from the remainder of the meeting. BREAK Council President Lehman called the meeting back to order at 10:40 p.m. 20599 2. Public Hearing on the City of Bellingham 2015-2016 Revenue Projections including an increase in the Property Tax Levy Staff presentation by Brian Henshaw, Finance Director. Mr. Henshaw briefly reviewed revenue projections for the General Fund, Sales Tax Citywide, Business & Occupation Tax, Utility Taxes and several of the major funds. Assuming a 1% Levy increase the estimated impact would be approximately $210,000.00. City of Bellingham Regular City Council Meeting Page 7 of 15 10/27/2014  Budget worksessions are scheduled for department presentations. Additionally, the upcoming schedule includes: November 10th Introduce Property Tax Ordinance November 24th Public Hearing on Budget Final Consideration of Property Tax Ordinance December 8th Introduce Budget Ordinance December 15th Final Consideration of Budget Ordinance Council President Lehman opened the public hearing. No citizen's spoke and the public hearing was closed. Written public comment will remain open until November 10, 2014. Public Works / Public Safety 20600 1. Padden Creek Estuary Habitat Enhancement Project, EN-0038 Update and Noise Variance Terry Bornemann / Roxanne Murphy moved to approve the variance for EN-0038, Padden Creek Estuary Habitat Enhancement Project subject to the condition that appropriate notice is provided to surrounding properties. MOTION CARRIED 6-0. 20601 2. Appeal of denial of request for water and sewer service at 2454 Yew Street Road Council Member Bornemann introduced the request. The property is outside of the City but in the Urban Growth Area. Requests for water service at this property have previously been denied based on council directed policy with regard to not extending water and sewer lines outside the city limits until an area has been annexed unless it meets certain conditions of health and safety. This property is a vacant lot. Terry Bornemann / Jack Weiss moved to affirm the denial of retail water and sewer service to 2454 Yew Street Road. MOTION CARRIED 6-0. 20602 3. Request for Water Service at 4703 Aldrich Road Council Member Bornemann introduced the request. Staff recommended approval based on health and safety but the committee recommended denial. This property is outside of the City and outside the Urban Growth Area. There is a history on this City of Bellingham Regular City Council Meeting Page 8 of 15 10/27/2014  property of failed wells. The current owner bought the property in May as a foreclosure property knowing the history of bad water and failed wells. Terry Bornemann / Roxanne Murphy moved to deny the request for retail water service to 4703 Aldrich Road. Jon Kornelis, owner, explained his situation and said that he is living in the home. The water line abuts the property. He is currently hauling in water, which he is purchasing from the city and does not know what he will do if the request is not approved. Council President Lehman said this is an existing home and based on health and safety issues, will oppose the motion. Council Member Vargas will oppose as she feels the property owner has done his due diligence in trying to get water to his property and the property owner would be responsible for all connection fees. MOTION CARRIED 4-2, Cathy Lehman, Pinky Vargas opposed. 20557 4. An 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." The committee recommended the following amendments: Section 6. Section 11.33.230 B. [p. 112, agenda packet]. Reduce civil penalty from $20.00 to $15.00 Remove consumer price index increase language. Terry Bornemann / Roxanne Murphy moved approval for first and second reading as amended during committee. MOTION CARRIED 6-0. City of Bellingham Regular City Council Meeting Page 9 of 15 10/27/2014  Council Member Bornemann asked for a more thorough downtown Parking Study. Mayor Linville indicated that staff will start reviewing in the new year and bring it back to committee. Executive Session 1. Potential Litigation/Property Acquisition: Staff provided information on a potential litigation matter and a potential property acquisition matter. Information only. No action taken. 2. Potential Litigation: Staff provided information on a potential litigation matter. Direction given. No action taken. 3. Potential Litigation: Staff provided information on a potential litigation matter. Direction given. No action taken. Committee Of The Whole 20603 1. A Resolution declaring that the acquisition of property known as the Aloha Motel Property is necessary to eliminate neighborhood blight "A RESOLUTION OF THE CITY OF BELLINGHAM, WASHINGTON, DECLARING THE PROPERTY LOCATED AT 301 AND 315 NORTH SAMISH WAY, BELLINGHAM, WASHINGTON, COMMONLY KNOWN AS THE ALOHA MOTEL, TO BE A NEIGHBORHOOD BLIGHT REQUIRING ACQUISITION BY THE CITY OF BELLINGHAM IN ACCORDANCE WITH RCW 35.80A.010." Terry Bornemann / Pinky Vargas moved final approval of Resolution #2014-37. MOTION CARRIED 6-0. 20604 2. An Ordinance providing for the City of Bellingham to acquire by eminent domain certain real property known as the Aloha Motel for the purpose of eliminating neighborhood blight "AN ORDINANCE OF THE CITY OF BELLINGHAM, WASHINGTON PROVIDING FOR THE ACQUISITION BY EMINENT DOMAIN OF PROPERTY LOCATED AT 301 AND 315 NORTH SAMISH WAY, BELLINGHAM, WASHINGTON, COMMONLY KNOWN AS THE ALOHA MOTEL, FOR THE PURPOSE OF ELIMINATING NEIGHBORHOOD BLIGHT." City of Bellingham Regular City Council Meeting Page 10 of 15 10/27/2014  Terry Bornemann / Roxanne Murphy moved final approval of Emergency Ordinance #2014-10-058. MOTION CARRIED 6-0. 20605 3. License for an Interim Public Trail Between Bellwether Way and the ASB/ Marina Trail Cathy Lehman / Terry Bornemann moved to authorize the Mayor to enter into a license agreement with the Port of Bellingham for an interim public trail connection between Bellwether Way and the ASB/Marina Trail. MOTION CARRIED 6-0. 20606 4. 2014 Third Quarter Financial Review Information only. 20607 5. A Resolution in support of the Bellingham Energy Efficiency Program Plan and endorsing the City of Bellingham's participation in the Georgetown University Energy Prize competition "A RESOLUTION IN SUPPORT OF THE BELLINGHAM ENERGY EFFICIENCY PROGRAM PLAN AND ENDORSING BELLINGHAM'S PARTICIPATION IN THE GEORGETOWN UNIVERSITY ENERGY PRIZE COMPETITION." Cathy Lehman / Roxanne Murphy moved final approval of Resolution #2014-38. MOTION CARRIED 6-0. 20608 6. Waterfront District Implementation Status Report Information only. 20609 7. Work Session on the 2015-2016 Biennial Budget Discussion of Human Resources, Parks and Public Facilities District budgets in the worksession. There were no amendments to the preliminary budget. City of Bellingham Regular City Council Meeting Page 11 of 15 10/27/2014  8. Approval of City Council Committee and/or Special Meeting Minutes Terry Bornemann / Roxanne Murphy moved to approve the October 13, 2014 minutes of the City Council regular meeting as submitted. MOTION CARRIED 5-0-1, Jack Weiss abstained. 9. Old/New Business Reminder to vote on November 4th. Concerns were expressed about the Clean Green program closing. Mayor's Report Standing time for briefings, updates and reports to Council by the Mayor, if needed. Information only. The dissolution of the Public Development Authority, as required by ordinance, requires a public hearing. Roxanne Murphy / Terry Bornemann moved to schedule a public hearing with regard to the dissolution of the Public Development Authority (PDA). MOTION CARRIED 6-0. Mayor Linville noted that the Volunteer Center is eligible to apply for a CDAB grant. 20610 1. Mayor's Reappointment of Andrew Good as the Lettered Streets Primary Representative to the Mayor's Neighborhood Advisory Commission (Information) Information only. 20612 2. Mayor's Appointment of Trula Nicholas to the Community Development Advisory Board (Information) Information only. 20611 3. Mayor's Reappointment of Jim McCabe to the Transportation Commission (Approval) City of Bellingham Regular City Council Meeting Page 12 of 15 10/27/2014  Michael Lilliquist / Roxanne Murphy moved approval of the Mayor's reappointment of Jim McCabe to the Transportation Commission, term ending October 19, 2017. MOTION CARRIED 6-0. 20613 4. Mayor's Appointment of Matthew Burke to the Lake Whatcom Watershed Advisory Board (Approval) Jack Weiss / Roxanne Murphy moved approval of the Mayor's appointment of Matthew Burke to the Lake Whatcom Watershed Advisory Board, term ending October 27, 2017. MOTION CARRIED 6-0. 20614 5. Mayor's Appointment of Emily Derenne to the Greenway Advisory Committee (Approval) Roxanne Murphy / Cathy Lehman moved approval of the Mayor's appointment of Emily Derenne to the Greenway Advisory Committee, term ending October 27, 2017. 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. 20615 1. Interlocal Agreement Bellingham Public Library - Whatcom County Rural Library District Mutual Extension of Borrowing Privileges and Services 20616 2. 2014 Interlocal Agreement Bellingham Public Library - Western Washington University Library Establishment and Maintenance of the WWU Connection 20617 3. 2015 Interlocal Agreement Bellingham Public Library - Bellingham Technical College Library Establishment and Maintenance of the BTC Connection 20618 4. 2015 Interlocal Agreement Bellingham Public Library - Whatcom Community College Library Establishment and Maintenance of the WCC Connection 20619 5. Authorization of Payroll labor cost payments dated September 26, 2014 - October 10, 2014 City of Bellingham Regular City Council Meeting Page 13 of 15 10/27/2014  20620 6. Authorization of A/P checks issued October 17, 2014 Michael Lilliquist / Roxanne Murphy moved to approve the Consent Agenda in its entirety. MOTION CARRIED 6-0. Final Consideration of Ordinances At its regular meeting on October 13, 2014, Council approved an Ordinance accepting the North Cascades Audubon Society's donation of property known as Scudder's Pond. The Ordinance included in the agenda packet for final consideration on October 13 erroneously omitted language that was included in the Ordinance approved by Council on first and second reading. The omitted language prescribed the form of the deed to be used for the conveyance. That vote was void. The Ordinance now includes the inadvertently omitted language and is being presented to Council for final consideration: 20572 1. AN ORDINANCE ACCEPTING NORTH CASCADES AUDUBON SOCIETY'S DONATION OF SCUDDER'S POND PROPERTY 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, LEHMAN, LILLIQUIST, MURPHY, VARGAS, WEISS NAYS: EXCUSED: KNUTSON MOTION CARRIED 6-0-1 and was thereafter named Ordinance #2014-10-057 20591 2. 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 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: City of Bellingham Regular City Council Meeting Page 14 of 15 10/27/2014  AYES: BORNEMANN, LEHMAN, LILLIQUIST, MURPHY, VARGAS, WEISS NAYS: EXCUSED: KNUTSON MOTION CARRIED 6-0-1 and was thereafter named Ordinance #2014-10-059* *See AB 20572 for Ord. #2014-10-058. Adjournment There being no further business, the meeting adjourned at 11:58 p.m. ____________________________________________ Cathy Lehman, Council President ____________________________________________ ATTEST: Linda D. Anderson, City Clerk Representative APPROVED: 11/24/2014 City of Bellingham Regular City Council Meeting Page 15 of 15 10/27/2014