City Council - Regular Meeting

City of Bellingham City Council Regular Meeting Minutes 11/24/2014, 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 Dissolution of the Bellingham Public Development Authority on Monday, December 8th at 7:00 PM here in Council Chambers. Pledge of Allegiance Led by Council President Pro Tem Bornemann. Roll Call Council President Cathy Lehman, excused. 15-Minute Public Comment Period Joseph McDonald discussed problems with animal control and expressed his appreciation for Council Member Murphy. Ken Holmes spoke in opposition to a rental safety ordinance. Marian Beddill recommended Michelle Magee for council and discussed water utilities and water rights. Steve Wilson, Board President, Center for Local Self Reliance updated the Council on the Caretaker's House at Fairhaven Park. He said they now have a final building permit. They will be doing the interior remodel first and exterior work next summer. He City of Bellingham Regular City Council Meeting Page 1 of 11 11/24/2014  thanked Parks and Planning staff for their guidance and appreciated the monetary, In- kind donations and many volunteers. Wendy Harris took issue with several items in regard to the City Center Implementation Strategy report [AB 20647]. She believes:  The document announces that the city's highest priority should be on actions that support private development. Council members were elected by the public, not corporations, and our highest priority needs to be the public's best interest. This is exactly what happened in the Waterfront Plan that went so wrong. While I agrees that it is important to develop downtown and Old Town and create dense development; downtown retail development strategies should not be one of the primary goals.  Maritime Heritage Park. It's important to remember that the park was built on a garbage dump site and the stated purpose when we were getting grants was for restoration. It's important that we maintain that habitat corridor and connectivity and that's not even mentioned. The habitat corridor was developed as a native plant project for the public to go through and be informed and now the document says we have to thin the plants for safety and get rid of the homeless so that more people will come.  The things that are being suggested are not compatible with habitat and wildlife.  Leasing the Learning Center and using it for something commercial is not appropriate. Why aren't we helping people learn? Ms. Harris asked the council to please to take a look at the policy statement because she believes it is fundamentally flawed. Public Hearing 20638 1. Public Hearing on the City of Bellingham's 2015-2016 Budget Council President Lehman opened the public hearing. Iris Maute-Gibson spoke on behalf of the Lake Whatcom Watershed Advisory Board. She thanked the City for including the Watershed Position Specialist in the budget, which will benefit the protection, cleanup and restoration of the watershed and surrounding area. Wendy Harris would like an informal question and answer session with regard to the budget. She noted that we are on the precipice of climate change and a focus on private development is the opposite of what is needed. City of Bellingham Regular City Council Meeting Page 2 of 11 11/24/2014  There being no further comments, the public hearing was closed. Written public comment will remain open until December 8, 2014. Information only. Public Works / Public Safety 20639 1. Extension of Lease Term for the Bellingham Railway Museum in the Parkade Building Terry Bornemann / Gene Knutson moved to extend the lease with the Bellingham Railway Museum in the Parkade Building for three years. MOTION CARRIED 6-0. 20640 2. Extension of Lease Term for the Whatcom Symphony Orchestra in the Former Federal Building Terry Bornemann / Roxanne Murphy moved to extend the term of the lease for the Whatcom Symphony Orchestra in the former Federal Building for 18 months at $400.00 per month. MOTION CARRIED 6-0. 20641 3. Interlocal Funding Agreement with Whatcom County for Slater Road and I-5 Compact Roundabouts This is a regional project that includes funding from the Washington State Department of Transportation, Lummi Nation, and Ferndale. Terry Bornemann / Roxanne Murphy moved to authorize the Mayor to execute an Interlocal Funding Agreement with Whatcom County for Slater Road and I-5 Compact Roundabouts. MOTION CARRIED 6-0. Special Meeting 20642 1. Closed Record Hearing to consider a petition to vacate an alley west of 15th Street centered between Taylor and Douglas Avenues City of Bellingham Regular City Council Meeting Page 3 of 11 11/24/2014  "AN ORDINANCE RELATING TO THE VACATION OF AN UNNAMED EAST WEST RIGHT-OF-WAY GENERALLY LOCATED WEST OF THE WEST LINE OF 15TH STREET CENTERED BETWEEN TAYLOR AND DOUGLAS AVENUES ALL WITHIN THE CITY OF BELLINGHAM." Council President Pro Tem Bornemann reported that the Council voted 6-0 (Lehman excused) during the Closed Record Hearing to accept the Findings, Conclusions and Recommendation of the Hearing Examiner and also voted 6-0 (Lehman excused) to require no compensation for the street vacation because of the public benefit of the proposed improvements to the Lowell Elementary School. Terry Bornemann / Jack Weiss moved approval for first and second reading. MOTION CARRIED 6-0 20643 2. Closed Record Hearing to consider a petition to vacate an alley between Samish and 37th Streets South of Consolidation "AN ORDINANCE RELATING THE VACATION OF AN ALLEY BETWEEN SAMISH WAY AND 37TH STREET, SOUTH OF CONSOLIDATION AVENUE AS SHOWN IN ATTACHMENT 1." Council President Pro Tem Bornemann reported that the Council voted 6-0 (Lehman excused) during the Closed Record Hearing to accept the Findings, Conclusions and Recommendations of the Hearing Examiner and also voted 6-0 (Lehman excused) to require as compensation, the dedication to the City of additional right-of-way along the west side of 37th Street of an equal or greater square footage than the right-of-way to be vacated. Terry Bornemann / Jack Weiss moved approval for first and second reading. MOTION CARRIED 6-0 Committee Of The Whole 20644 1. Barkley Company recognized for 2014 Corporations for Communities Award Presentation during committee. Information only. City of Bellingham Regular City Council Meeting Page 4 of 11 11/24/2014  20645 2. Whatcom READS! Update Update presented during committee. Information only. 20646 3. Setting the 2015 City Council Meetings Schedule Terry Bornemann/ Michael Lilliquist moved to approve the draft City Council meeting schedule for 2015 as amended during committee. MOTION CARRIED 6-0. A resolution setting the 2015 Council Meeting dates will be brought forward for consideration. 20631 4. Access Bellingham Update Update presented during committee. Information only. 20647 5. Adoption of the City Center Implementation Strategy Terry Bornemann / Gene Knutson moved to approve the City Center Implementation Strategy providing action plans for the Downtown, Waterfront and Old Town Districts. MOTION CARRIED 6-0. Council Member Lilliquist said the plan is well balanced and is consistent with the vision in other public documents. 20382 6. Rental Housing Registration Program Work Session Terry Bornemann / Jack Weiss moved to amend the rental registration draft to modify the list of exemptions from inspections so that the rental unit associated with properties containing a detached accessory dwelling unit or carriage house be required to be inspected as provided for in the ordinance. MOTION CARRIED 6-0. Terry Bornemann / Jack Weiss moved to amend the rental registration draft to reflect a requirement that all rental units subject to inspection be inspected once every three years provided that an exception be made for units that pass inspection or first re- inspection, whereby the inspection frequency shall be every five years. MOTION CARRIED 4-2, Pinky Vargas, Roxanne Murphy opposed. City of Bellingham Regular City Council Meeting Page 5 of 11 11/24/2014  Terry Bornemann / Jack Weiss moved to amend the rental registration draft: "Section 6.15.170 City Council Review and Sunset Provision: Before January 1, 2019, the City Council shall review the chapter's effects on the community and the problems the chapter was intended to remedy. and shall repeal, continue or modify this chapter. Failure by the City Council to act in accordance with this section shall cause this chapter to expire at 12:01 .m. on January 1, 2019." MOTION CARRIED 6-0. Terry Bornemann / Jack Weiss moved to direct staff to prepare an ordinance reflecting Council-approved amendments to the rental registration draft for presentation at the December 15, 2014 meeting. MOTION CARRIED 6-0. 7. Approval of Minutes Gene Knutson / Jack Weiss moved to approve the October 27, 2014 minutes of the City Council regular meeting as submitted. MOTION CARRIED 6-0. Jack Weiss / Roxanne Murphy moved to approve the November 10, 2014 minutes of the City Council regular meeting as submitted. MOTION CARRIED 5-0-1, Terry Bornemann abstained. 8. Old/New Business  Council President Pro Tem Bornemann reported that, during committee, the Council approved an addendum to Resolution #2014-30 establishing the appointment process to fill the vacancy due to the anticipated resignation of Third Ward City Council Member Cathy Lehman: The presiding member will open the floor to nominations. Nominations will be recorded in the order made. The nominations will be closed by motion and vote. After the close of nominations, a vote will be taken on each of the nominees, in the order of nomination. Council members may vote for only one nominee per round of voting. As soon as any nominee receives four affirmative votes, voting will cease and that nominee will be appointed to the vacancy. If no nominee receives four votes, then the Council will adjourn to Executive Session to further discuss the qualifications of the candidates before voting again in open session. City of Bellingham Regular City Council Meeting Page 6 of 11 11/24/2014   Council Member Knutson reported that there will be a thank you gathering from the Birchwood Neighborhood Association for City Council and City Staff at Birchwood Elementary School, November 25, 2014 at 6:30 p.m. 20648 9. Work Session on the 2015-2016 Biennial Budget Review of ITSD budget and presentation of the Capital Budget. Information only. Executive Session 1. Potential Property Acquisition: Staff provided information on the potential acquisition of the Schwald Property, a 20,000 sq. ft. parcel located in the Padden Gorge west of 40th Street and south of Wilken Street. The purchase will assist the City in consolidating riparian forest properties in the Padden Creek Gorge Greenway for stream protection and public enjoyment purposes. The City will purchase the property for its assessed value of $5,000.00 Jack Weiss / Michael Lilliquist moved to authorize the purchase of said property at a purchase price of $5,000.00. MOTION CARRIED 6-0. 2. Potential Litigation: Claim No. 2014-44: 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. 4. Litigation: Figaro v. City of Bellingham: Staff provided information on a 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. 20649 1. Mayor's Reappointment of Jeff Brown to the Planning and Development Commission (Approval) City of Bellingham Regular City Council Meeting Page 7 of 11 11/24/2014  Jack Weiss / Pinky Vargas moved to approve the Mayor's reappointment of Jeff Brown to the Planning and Development Commission, term ending January 1, 2019. MOTION CARRIED 6-0. 20650 2. Mayor's Reappointment of Rod Burton and Curt Carpenter to the Historic Preservation Commission (Approval) Gene Knutson / Pinky Vargas moved to approve the Mayor's reappointment of Rod Burton and Curt Carpenter to the Historic Preservation Commission, terms ending January 1, 2018. MOTION CARRIED 6-0. 20651 3. Mayor's Reappointment of Denise Snyder and Margot Myers to the Bellingham Arts Commission (Approval) Michael Lilliquist / Roxanne Murphy moved to approve the Mayor's reappointment of Denise Snyder and Margot Myers to the Bellingham Arts Commission, terms expiring January 1, 2018. MOTION CARRIED 6-0. 20652 4. Mayor's Appointment of Kendra Thomas as the WWU Liaison Representative and Steven James as the Puget Neighborhood Primary Representative to the Mayor's Neighborhood Advisory Commission (Information) Information only. 20653 5. Mayor's Reappointment of Connie Shannon, Todd Elsworth, Drew Schmidt, Brad Burdick and Jody Finnegan to the Tourism Commission (Information) Information only. 20654 6. Mayor's Reappointment of Darla Woolman to the Bellingham- Whatcom County Commission Against Domestic Violence (Information) Information only. City of Bellingham Regular City Council Meeting Page 8 of 11 11/24/2014  20655 7. Mayor's Reappointment of Bolar Smith and Ross Grier to the Bellingham Sister Cities Advisory Board (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. 20656 1. Ordinance amending the 2014 Budget "AN ORDINANCE AMENDING THE 2014 ADOPTED BUDGET TRANSFERRING $14,820.00 FROM THE GENERAL FUND TO THE GOVERNMENTAL DEBT SERVICE FUND AND APPROPRIATING AN ADDITIONAL $14,820.00 IN THE GOVERNMENTAL DEBT SERVICE FUND." 20657 2. Padden Creek Estuary Habitat Enhancement Project, EN-0038; Bid No. 51B-2014 Bid Award 20658 3. Authorization of Payroll labor cost payments dated October 25, 2014 - November 10, 2014 20659 4. Authorization of A/P checks issued November 7, 2014 20660 5. Authorization of A/P checks issued November 14, 2014 Roxanne Murphy / Gene Knutson moved to approve the Consent Agenda in its entirety. MOTION CARRIED 6-0. Final Consideration of Ordinances 20622 1. AN ORDINANCE OF THE CITY OF BELLINGHAM, WASHINGTON, PROVIDING FOR THE ISSUANCE OF ONE OR MORE SERIES OF LIMITED TAX GENERAL OBLIGATION REFUNDING BONDS OF THE CITY IN THE AGGREGATE PRINCIPAL AMOUNT OF NOT TO EXCEED $6,100,000 TO REFUND CERTAIN OUTSTANDING LIMITED TAX GENERAL OBLIGATION BONDS AND TO PAY COSTS OF ISSUING THE BONDS; PROVIDING THE FORM AND TERMS OF THE BONDS; APPROVING AN ESCROW DEPOSIT AGREEMENT; AND DELEGATING THE AUTHORITY TO APPROVE THE FINAL TERMS OF THE BONDS City of Bellingham Regular City Council Meeting Page 9 of 11 11/24/2014  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, LILLIQUIST, MURPHY, VARGAS, WEISS NAYS: EXCUSED: LEHMAN MOTION CARRIED 6-0 and was thereafter named Ordinance #2014-11-061 20623 2. AN ORDINANCE OF THE CITY OF BELLINGHAM, WASHINGTON, RELATING TO THE LEVYING OF TAXES AND ESTABLISHING THE AMOUNT TO BE RAISED IN 2015 ON THE ASSESSED VALUATION OF THE PROPERTY WITHIN THE CITY 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, LILLIQUIST, MURPHY, VARGAS, WEISS NAYS: EXCUSED: LEHMAN MOTION CARRIED 6-0 and was thereafter named Ordinance #2014-11-062 20627 3. AN ORDINANCE AMENDING THE 2014 ADOPTED BUDGET APPROPRIATING AN ADDITIONAL $70,000.00 IN THE GOLF COURSE FUND Gene Knutson / Michael Lilliquist 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, LILLIQUIST, MURPHY, VARGAS, WEISS NAYS: EXCUSED: LEHMAN MOTION CARRIED 6-0 and was thereafter named Ordinance #2014-11-063 City of Bellingham Regular City Council Meeting Page 10 of 11 11/24/2014  Adjournment There being no further business, the meeting adjourned at 7:59 p.m. ____________________________________________ Cathy Lehman, Council President ____________________________________________ ATTEST: Linda D. Anderson, City Clerk Representative APPROVED: 12/8/2014 City of Bellingham Regular City Council Meeting Page 11 of 11 11/24/2014