City Council - Regular Meeting

City of Bellingham City Council Regular Meeting Minutes 12/15/2014, 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. The City Council will have its 2015 Reorganization Meeting at 1:00 PM on Monday, January 5, 2015, in the Mayor's Board Room. Election of officers and committees will occur at the 7:00 PM meeting 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. 15-Minute Public Comment Period Rick Hannam took issues with the financing of city government and in particular the proposed city ambassador program. Matt Petryni thanked everyone for their work on the rental safety initiative and feels this will be an important legacy for the city. City of Bellingham Regular City Council Meeting Page 1 of 10 12/15/2014  Seth Woolsun, Attorney, representing the Ric & Mary Wilson annexation proposal [AB 20681]. He understands there is some concern about the shape of the proposal and whether or not it would pass muster with the Boundary Review Board (BRB). Based on case law that he has researched there is a difference between irregular and abnormally irregular. He feels Wilson's annexation proposal would be considered slightly irregular and believes it would still meet BRB criteria. This is an opportunity to get this extra property in, which is in the Urban Growth Area and would support 40% more potential housing unit than the other proposal. Nancy Braam the [Wilson] annexation proposal [AB 20681] is a great opportunity to get more land with these properties fronting on Mt. Baker Highway. She urged the city to include these properties. Ray Ballweg thanked the Mayor and staff for introducing the resolution for the establishment of a Quiet Zone [AB 20680], which will make the city safer and improve the quality of life in Bellingham. Greg Hoffenbacker supports establishment of a Quiet Zone [AB 20680]. Charles Law acknowledged the Coast Salish people and their relationship with water and land. He spoke for the right of (the so-called) Fever Creek, to be part of the functional unit of water by asking for the removal of culverts, piping and drainage systems that hamper the natural flow. Preston Schiller supports the resolution for a Quiet Zone [AB 20681]. He would like to ensure that the trail crossing at the north end of Boulevard Park is not permanently closed. Yoshé Revelle thanked Council President Lehman for her service. Additionally, he discussed mental illness and its' relationship to our culture and noted his support of the resolution for a Quiet Zone [AB 20681]. Marian Beddill addressed three topics:  she is pleased with the gender balance on council;  she took issue with those who have shown a recent interest in abandoning Lake Whatcom as the city's water source and said we need to, "clean up the water and keep it clean". She would like the Mayor to issue a statement declaring the city's opinion on keeping Lake Whatcom as the city's water source so there is a clear policy statement to the public; and  she would like a report on the costs and percentage of protection achieved on abatement of phosphorous on residential properties around the lake from the Homeowner Incentive Program. City of Bellingham Regular City Council Meeting Page 2 of 10 12/15/2014  Martha Benedict spoke in opposition to an ordinance concerning rental registration and inspections. She said that 85-90% of the properties to be inspected are expected to pass on first inspection. If we only have a small percentage that are not going to pass, she feels they could be adequately managed using present legislation. And, she feels there will be some unpleasant surprises down the road as far as actual cost of implementation for the city, landlords and tenants. Jeff Ragsdale fully supports [Mt. Baker Highway] annexation of 163+ acres [AB 20681, Proposal 2]. Patrick Freeland has read that Bellingham was named number eight in cities for beer quality. He recommended establishing a coalition between the various agencies to institute a retail bar coalition to promote health and human safety. Patrick Stickney spoke in support of a rental safety ordinance. Presentation 20688 1. Resolution Honoring Cathy Lehman See Old & New Business. Public Hearing 20677 1. Amendments to Bellingham Municipal Code (BMC) Titles 20 and 21 to improve the design review process for new and existing development based on LEAN process recommendations "AN ORDINANCE AMENDING THE BELLINGHAM MUNICIPAL CODE (BMC) TITLES 20 AND 21 TO IMPROVE THE DESIGN REVIEW PROCESS FOR NEW AND EXISTING DEVELOPMENT BASED ON LEAN PROCESS RECOMMENDATIONS." Staff presentation by Kurt Nabbefeld and Chris Koch, Planners. Mr. Nabbefeld discussed the LEAN process that was used to make recommendations for the Design Review Process. While this ordinance does not include changes to development standards it does incorporate ways to improve the process, one being, to hold two Design Review Board meetings per month to review projects in a timelier manner. City of Bellingham Regular City Council Meeting Page 3 of 10 12/15/2014  A summary of the main changes includes:  Required reviews by the Design Review Board (DRB) or Historic Preservation Commission (HPC) reduced to a single meeting.  Gives project applicants an option to request a pre-application design guidance meeting with the DRB or HPC, whichever is applicable.  Gives the Planning Director authority to refer any project that is subject to staff review to the DRB or HPC, whichever is applicable, for review and recommendation.  Gives the Planning Director authority to refer any project that is subject to a single review by the DRB or HPC, back to the DRB or HPC for review and recommendation.  Revised thresholds give the Planning Director broader discretion to exempt projects from design review.  $50,000 project valuation threshold for DRB/HPC review replaced with revised exemption and staff review thresholds.  Intent of the Design Guidance Meeting and Design Response Meeting is clarified.  Public gets earlier notice of, and input into, project proposals in urban villages. The Design Review Board has reviewed the proposed changes and recommends approval. The Planning Commission recommends approval with minor modifications. Council President Lehman opened the public hearing. Matt Petryni, Clean Energy Program Manager, ReSources for Sustainable Communities - said that it is important to take a close look at this. A lot of the proposed changes make sense. It makes sense to move forward and will make a difference in compliance. His only concern relates to fairness of process and he is a little nervous about not having a second meeting for review. There being no further comments, the public hearing was closed. Terry Bornemann / Jack Weiss moved approval for first and second reading. MOTION CARRIED 7-0. Public Works / Public Safety 20678 1. Northwest Youth Services Lease (Federal Building) City of Bellingham Regular City Council Meeting Page 4 of 10 12/15/2014  Terry Bornemann / Gene Knutson moved to approve a two year lease with Northwest Youth Services with no rent or security deposit in the former Federal Building. MOTION CARRIED 7-0. Planning 20679 1. Extension of emergency interim zoning related to the cultivation of medical marijuana for personal use and in collective gardens "AN ORDINANCE OF THE CITY OF BELLINGHAM, WASHINGTON, RELATING TO LAND USE AND ZONING, DECLARING AN EMERGENCY AND ADOPTING AND RENEWING INTERIM ZONING REGULATIONS FOR THE CULTIVATION OF MEDICAL CANNABIS (MARIJUANA) FOR PERSONAL USE AND IN COLLECTIVE GARDENS AND SETTING SIX MONTHS AS THE EFFECTIVE PERIOD OF THE INTERIM ZONING REGULATIONS TO ALLOW THE CITY TO STUDY THE LAND USE IMPACTS OF SUCH USES." Jack Weiss / Roxanne Murphy moved final approval of Emergency Ordinance #2014- 12-066. MOTION CARRIED 7-0. A public hearing will be held within 60 days. Executive Session 1. Potential Litigation: Staff provided information on a potential litigation matter. Information only. No action taken Committee Of The Whole 20680 1. A Resolution of the City of Bellingham, Washington, supporting the establishment of railroad "Quiet Zones" within City Limits "A RESOLUTION OF THE CITY OF BELLINGHAM, WASHINGTON, SUPPORTING THE ESTABLISHMENT OF RAILROAD "QUIET ZONES" WITHIN CITY LIMITS." Cathy Lehman / Michael Lilliquist moved final approval of Resolution #2014-44. MOTION CARRIED 7-0. City of Bellingham Regular City Council Meeting Page 5 of 10 12/15/2014  20681 2. Consideration of two petitions for annexation of properties in the City's Northern UGA. Proposal 1: Mt. Baker Hwy annexation of 188.6 acres; Proposal 2: E. Bakerview Rd./Mt. Baker Hwy annexation of 163.5 acres "A RESOLUTION ACCEPTING A PETITION FOR ANNEXATION OF PROPERTIES WITHIN BELLINGHAM'S NORTHERN URBAN GROWTH AREA WITHIN THE DEWEY VALLEY PLANNING AREA TO THE CITY OF BELLINGHAM AND INITIATING THE ANNEXATION REVIEW PROCESS." Cathy Lehman / Terry Bornemann moved to approve Proposal #2, amend the resolution to remove "Proposal 1"; and move final approval of Resolution #2014-45 as amended . MOTION CARRIED 7-0. 20382 3. Rental Housing Registration Program Work Session "AN ORDINANCE OF THE CITY OF BELLINGHAM, WASHINGTON RELATING TO RESIDENTIAL RENTAL REGISTRATION AND CODE COMPLIANCE, ADDING A NEW CHAPTER 6.15 TO THE BELLINGHAM MUNICIPAL CODE, AND PROVIDING FOR AN EFFECTIVE DATE OF JANUARY 1, 2015." During committee, the following amendments were recommended to BMC 6.15.040 Residential rental housing registration required for each rental property: Replace "July" with "August" A. Remove second sentence. G. After "…shall be posted on the inside of each residential housing unit…" insert "in a visible location". Cathy Lehman / Jack Weiss moved approval for first and second reading as amended during committee. MOTION CARRIED 7-0. Council Member Weiss read a statement in support of the ordinance. Final consideration will be held for further administrative work and development of fiscal aspects. City of Bellingham Regular City Council Meeting Page 6 of 10 12/15/2014  4. Old/New Business AB 20688 "A RESOLUTION HONORING CATHY LEHMAN FOR HER PUBLIC SERVICE." Council President Pro Tem Bornemann read the resolution into the record. Terry Bornemann / Gene Knutson moved final approval of Resolution #2014-43. MOTION CARRIED 7-0.  Council President Pro Tem Bornemann explained that there will be a special meeting on Wednesday, December 17, 2014 to elect a council person to fill the remaining year of the position for Ward 3. He drew names to determine the order of the candidate's remarks. Andrew Reding will not be able to attend. The order of speakers will be: Scot Barg, Iris Maute-Gibson, Dan Hammill and Michelle Magee. (Richard Dean Johnson was determined ineligible as he does not live within the Ward boundary).  The Martin Luther King Celebration will be held at noon, January 19, 2015 at City Hall.  Council Member Murphy announced that Judge Montoya-Lewis has been appointed to the Whatcom County Superior Court. 5. Approval of Minutes No regular meeting minutes submitted for approval. Mayor's Report Standing time for briefings, updates and reports to Council by the Mayor, if needed. Information only.  The Planning Department sponsored a training on removing barriers for restoring buildings.  The City filed a condemnation proceeding against Aloha Motel. 20682 1. Mayor's Appointment of Jeffrey Cook and Don Hilty-Jones to the Mayor's Neighborhood Advisory Commission (Information) City of Bellingham Regular City Council Meeting Page 7 of 10 12/15/2014  Information only. 20683 2. Mayor's Appointment of Paul Schissler to the Community Development 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. 20684 1. Consideration of Final Plat Approval for Phase 3 of the Birch Street Preliminary Plat Res. #2014-46 "A RESOLUTION GRANTING FINAL PLAT APPROVAL FOR PHASE 3 OF THE BIRCH STREET PRELIMINARY PLAT, CONSISTING OF 11 SINGLE FAMILY LOTS, TWO PUBLIC OPEN SPACE TRACTS, AND A RESERVE TRACT FOR FUTURE PHASES; LOCATED IN AREA 11, WHATCOM FALLS NEIGHBORHOOD, GENERALLY SOUTH OF BIRCH FALLS WAY ON CREEKWOOD LANE." 20685 2. Modification to Whatcom Transportation Authority Interlocal Agreement 20686 3. Authorization of A/P checks issued December 5, 2014 Gene Knutson / Terry Bornemann moved to approve the Consent Agenda in its entirety. MOTION CARRIED 7-0. Final Consideration of Ordinances 20664 1. AN ORDINANCE OF THE CITY OF BELLINGHAM, WASHINGTON, ADOPTING A TRANSPORTATION IMPACT FEE BASE RATE AND RATE SCHEDULE FOR 2015 Terry Bornemann / 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: City of Bellingham Regular City Council Meeting Page 8 of 10 12/15/2014  AYES: BORNEMANN, KNUTSON, LEHMAN, LILLIQUIST, MURPHY, VARGAS, WEISS NAYS: EXCUSED: MOTION CARRIED 7-0 and was thereafter named Ordinance #2014-12-067 20666 2. AN ORDINANCE RELATING TO THE 2014 BUDGET AUTHORIZING USE OF UP TO $52,000.00 FROM THE CEMETERY CASH ENDOWED CARE RESERVE TO MAKE UP FOR REVENUE SHORTFALLS AND COVER CEMETERY OPERATING EXPENDITURES IN 2014 Gene Knutson / 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 NAYS: WEISS EXCUSED: MOTION CARRIED 6-1 and was thereafter named Ordinance #2014-12-068 20667 3. AN ORDINANCE TO CLOSE THE BELLINGHAM PUBLIC DEVELOPMENT AUTHORITY FUND Cathy Lehman / 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 #2014-12-069 20668 4. AN ORDINANCE RELATING TO THE 2015-2016 BIENNIAL BUDGET OF THE CITY OF BELLINGHAM, PROVIDING FOR THE ADOPTION OF SUCH BUDGET PURSUANT TO THE TERMS OF RCW 35.34.120, AND SETTING THE EFFECTIVE DATE City of Bellingham Regular City Council Meeting Page 9 of 10 12/15/2014  Cathy Lehman / 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 #2014-12-070 20674 5. AN ORDINANCE CREATING A NEW INTERNAL SERVICE FUND FOR PUBLIC WORKS ADMINISTRATION AND ENGINEERING SERVICES Michael Lilliquist / 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 #2014-12-071 Adjournment There being no further business, the meeting adjourned at 9:05 p.m. Council President Lehman read her resignation as 3rd Ward Representative to the City Council, effective immediately and turned the gavel over to Council President Pro Tem Terry Bornemann, who will act as Council President until a new president is elected. ____________________________________________ Terry Bornemann, Council President Pro Tem for Cathy Lehman, Council President ____________________________________________ ATTEST: Linda D. Anderson, City Clerk Representative APPROVED: 1/5/15 City of Bellingham Regular City Council Meeting Page 10 of 10 12/15/2014