City Council - Regular Meeting

City of Bellingham City Council Regular Meeting Minutes 02/09/2015, 7:00 PM Mayor Kelli Linville Contact: (360) 778-8200, ccmail@cob.org Council Members Jack Weiss, Gene Knutson, Daniel www.cob.org/council Hammill, 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 The meeting was called to order by Council President Knutson at 7:00 p.m. Announcements & Upcoming Meetings 1. On Monday, February 23, at 7:00 PM there will be a public hearing regarding an incentive program for innovative affordable low-income homeownership projects. Bellingham City Council meets all requirements of the State of Washington Open Public Meetings Act. Pledge of Allegiance Led by Boy Scout Troop #7. Roll Call Present: Jack Weiss, Council Member, First Ward Gene Knutson, Council Member, Second Ward Daniel Hammill, Council Member, Third Ward Pinky Vargas, Council Member, Fourth Ward Terry Bornemann, Council Member, Fifth Ward Michael Lilliquist, Council Member, Sixth Ward Roxanne Murphy, Council Member, At Large Excused: City of Bellingham Regular City Council Meeting Page 1 of 11 2/9/2015  15-Minute Public Comment Period - moved to follow Presentation Presentation 20720 1. Presentation of Employee Recognition Awards Fire Years of Service Danny Anderson 40 Dave Tveit 35 Cary Gustafson 30 Brian Cain 25 John Scurlock 25 Sheila Hanlon 20 Timothy Kays 20 Erica Martin 20 Human Resources Mary Ann VanderVeen 30 ITSD Scott Elsner 20 Library Shari Emley 35 Stacy James 35 Fay Fenske 30 Municipal Court Kathy Cramer 20 Becky Curtis 20 Elena Dixon 20 Parks & Recreation Richard Barnes 35 Michael Love 25 Leslie Bryson 20 Mitch Roberts 20 Brian Smith 20 City of Bellingham Regular City Council Meeting Page 2 of 11 2/9/2015  Years of Service Planning & Community Development Greg Aucutt 25 Jacquelyn Lynch 25 Brian Smart 20 Police Rick Sucee 40 David Richards 35 David Doll 30 Shan Hanon 25 Flo Simon 25 Greg Erickson 25 Ruben Baca 20 Amy Garland 20 Craig Johnson 20 Alfredo L. Wright 20 Public Works Bill Evans 35 Gary Gilfilen 35 David Reeck 35 Jay Greenwood 30 Mark A. Jimmie 30 Dave May 25 Renee M. Aiumu 20 Mary Knight 20 Jeanne Tinker-Smith 20 Department Heads presented length of service awards to their employees with 20 or more years of service. A reception followed. Information only. BREAK Council President Knutson called the meeting back to order at 7:53 p.m. 15-Minute Public Comment Period Yoshé Revelle addressed homelessness in our community. Patrick McKee disagreed with the population growth estimate the city has chosen to use during the review of the Comprehensive Plan update. The city has chosen an estimate City of Bellingham Regular City Council Meeting Page 3 of 11 2/9/2015  that is quite high and will need to find enough dwelling units to accommodate those growth figure. He feels the city hasn't taken enough public comment with regard to the growth figures and would like a planning perspective that is more conservative. Public Hearing 20721 1. Parking Removal for ES-0491 Ohio Street Bike Lanes Staff presentation by Chris Comeau, Transportation Planner and Colleen Mitchell, Project Engineer. Mr. Comeau reviewed the project history and process to date, which included meeting with businesses and a public open house. The Transportation Commission endorsed the staff recommendation of removing parking on the south side of Ohio to install bike lanes. Funding by the Transportation Benefit District was approved in November 2014. Construction is anticipated for June - August, 2015 if the removal of parking is approved. Ms. Elliott reviewed design considerations, which include narrowing of travel lanes and the loss of eight parking stalls with the removal of parking on the south side of the street. Site drawings of the intersections were projected to clarify the proposed work. In response to an inquiry from Council Member Lilliquist asking if other scenarios were considered using more than the 40' right-of-way, Ted Carlson, Public Works Director explained that one of the assumptions for this project was that the city would work within the existing curb-to-curb areas. Widening the street would have allowed other alternatives but at a much higher cost. Council President Knutson opened the public hearing. Patrick McKee voiced several concerns:  the parking survey was done in late summer and he feels the survey does not represent the other months, when people use their car more often;  the 22' standard was used for a parking space, which is very large, and he thinks this parking survey underestimated the parking spaces that are potentially available;  nor did the parking survey anticipate future growth and future parking needs. Cornwall Avenue to Franklin Street has just been incorporated into the new Downtown Urban Village area, therefore anticipating future growth which includes housing with the need for more parking; and City of Bellingham Regular City Council Meeting Page 4 of 11 2/9/2015   on-street parking in front of many of the businesses is a decade's old expectation and removing parking should not be done lightly. Cars are not going away, he said, and without a mass transit system people are going to rely on cars. Because this is a short distance, it's flat and the speed limit is 25 mph he proposed that this arterial be a shared lane area. There being no further comments, the public hearing was closed. Jack Weiss / Dan Hammill moved to approve parking removal for ES-0491 Ohio Street Bike Lanes as proposed by staff. MOTION CARRIED 7-0 Public Works / Public Safety 20734 1. Public Works Operations Update Update presented during committee. Information only. Planning 20722 1. Extension and renewal of an emergency ordinance creating interim zoning for the establishment of facilities producing, processing, and retailing recreational marijuana "AN ORDINANCE OF THE CITY OF BELLINGHAM, WASHINGTON, RELATING TO LAND USE AND ZONING; DECLARING AN EMERGENCY; ADOPTING AND RENEWING INTERIM ZONING REGULATIONS FOR THE SITING, ESTABLISHMENT, AND OPERATION OF ANY STRUCTURES OR USES RELATING TO THE PRODUCTION, PROCESSING, OR RETAILING OF RECREATIONAL MARIJUANA (SPECIFICALLY EXCLUDING MEDICAL MARIJUANA OR MEDICAL CANNABIS); AND SETTING SIX MONTHS AS THE EFFECTIVE PERIOD OF THE INTERIM ZONING TO ALLOW CITIZENS TO APPLY FOR LICENSES FROM THE WASHINGTON STATE LIQUOR CONTROL BOARD TO PRODUCE, PROCESS, OR RETAIL RECREATIONAL MARIJUANA IN THE CITY WHILE THE CITY STUDIES THE LAND USE IMPACTS OF SUCH USES." City of Bellingham Regular City Council Meeting Page 5 of 11 2/9/2015  Jack Weiss / Michael Lilliquist moved final approval of Emergency Ordinance #2015-02-003. MOTION CARRIED 7-0. A public hearing will be held within 60 days. Community and Economic Development 20723 1. Resolution approving the 2014 HUD Action Plan Amendment allocating federal funds from HUD for low- and moderate-income citizens of Bellingham "A RESOLUTION RELATING TO THE MODIFICATION OF THE 2014 ACTION PLAN OF THE 2013-2017 CONSOLIDATED PLAN, THE USE OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS AND HOME INVESTMENT PARTNERSHIP PROGRAM FUNDS AND DIRECTING THE MAYOR TO SUBMIT THE MODIFICATION OF 2014 ACTION PLAN TO THE U. S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT." Michael Lilliquist / Jack Weiss moved final approval of Resolution #2015-02. MOTION CARRIED 7-0. Committee Of The Whole 20724 1. "AN ORDINANCE OF THE CITY OF BELLINGHAM, WASHINGTON, AMENDING CHAPTER 4.76.040 OF THE BELLINGHAM MUNICIPAL CODE REGARDING THE SOLID WASTE FUND TO INCLUDE NUISANCE ABATEMENT AS AN INTENDED USE OF THE FUND." Gene Knutson / Roxanne Murphy moved approval for first and second reading. MOTION CARRIED 7-0. 20382 2. Rental Registration and Inspection Program Update Three options for rental registration fees were presented during committee: Option 1: $23 per property Option 2: $9 per unit Option 3: 1 unit $12 2 to 19 units $10 City of Bellingham Regular City Council Meeting Page 6 of 11 2/9/2015  20 to 49 units $8 50 and up $6 Gene Knutson / Jack Weiss moved to recommend an Option #4 for the rental registration fees based on a per unit charge of 1-19 units at $10.00 each and 20+ units at $8.00 each. Jack Weiss / Roxanne Murphy moved to amend the motion to a per unit charge of 1-20 units at $10.00 each and 21+ units at $8.00 each, to work within existing state law. MOTION CARRIED 7-0. MAIN MOTION CARRIED AS AMENDED 7-0. 3. Approval of Minutes Roxanne Murphy / Michael Lilliquist moved to approve the January 26, 2015 minutes of the City Council regular meeting as submitted. MOTION CARRIED 7-0. 4. Old/New Business Council Member Murphy asked that a worksession be considered for Committee of the Whole regarding paid and protected sick leave. Council Member Lilliquist and Council Member Vargas will represent the council on a Social Media Working Group for the city and he noted that council agreed to refer a discussion of the State water quality standards to a worksession of the Council. Council Member Hammill thanked all the staff members who met with him over the past several weeks to help him get oriented to the city departments and his new responsibilities. Council Member Vargas thanked Marie Marchand, Legislative Assistant for the new brochure: "A Citizen's Guide to the Bellingham City Council". Council President Knutson noted that the Council Retreat date is to be determined. Mayor Linville and Department Heads will attend and present. City of Bellingham Regular City Council Meeting Page 7 of 11 2/9/2015  Executive Session 1. Labor Negotiations: Staff provided information on the ratification of the Fraternal Order of Police (Lieutenants) bargaining agreement for 2015-2017. Jack Weiss / Pinky Vargas moved to approve the agreement with the following general terms: Wages: 0% January 1, 2015 1.25% January 1, 2016 1.75% January 1, 2017 Longevity Pay: Increase up to 4% based on the years of service Benefits: The City's contribution towards health insurance premiums will be calculated as a flat dollar amount rather than a percentage. The City's contribution amount will increase no more than 6% each year over the prior year's contribution amount. MOTION CARRIED 6-0 (Roxanne Murphy out of Chambers). 2. Litigation - Fred Meyer Stores Inc. appeal of the MDNS and Consolidated Permit issued for the Costco project (HE-14-PL-019): Staff provided an update on Fred Meyer's appeal of Costco's proposal to construct a new store on West Bakerview Road. Terry Bornemann / Jack Weiss moved to authorize the Mayor to execute a settlement agreement that provides for: 1. Fred Meyer's dismissal of its appeal; 2. The City's construction of a new east west arterial called Mahogany Avenue just north of the Costco site which will connect Pacific Highway to Northwest Avenue; 3. Costco's construction of a new north south arterial called Arctic Avenue just east of the Costco site which will connect West Bakerview Road to Mahogany Avenue; and 4. Costco's construction of additional turn lanes on West Bakerview Road at its intersection with Arctic Avenue and the Fred Meyer parking lot. MOTION CARRIED 7-0. City of Bellingham Regular City Council Meeting Page 8 of 11 2/9/2015  3. Potential Property Acquisition: Staff provided information on a potential property acquisition. Direction given. No action taken. 4. Potential Property Acquisition: Staff provided information on a potential acquisition of a trail easement on the Schutt Property south of Telegraph Road and north of the Palakika Apartments property. The City will use the easement to construct a trail from the Palakika Apartments property to Telegraph Road. Jack Weiss / Roxanne Murphy moved to authorize the purchase of the trail easement on the Schutt Property at its appraisal value of $10,500.00. MOTION CARRIED 7-0. 5. Potential Property Sale: Staff provided information on the potential sale of a mitigation easement to Costco on two City-owned parcels totaling approximately 14.3 acres located on Northwest Avenue across the street from Cornwall Church. Costco will use the easement to mitigate for the wetland impacts from the construction of its new store on West Bakerview Road. Costco's purchase price will reimburse the City for all its costs of acquiring the two parcels. Jack Weiss / Terry Bornemann moved to authorize the sale of a mitigation easement to Costco on the two City-owned parcels located on Northwest Avenue for $497,606.23. MOTION CARRIED 7-0. 6. City of Bellingham v. Sang T. Yi, et al - Whatcom County Superior Court No. 14-2-026700-2: 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. 20725 1. Mayor's Appointment of Jasmine Fast to the Greenway Advisory Committee (Approval) City of Bellingham Regular City Council Meeting Page 9 of 11 2/9/2015  Michael Lilliquist / Terry Bornemann moved to approve the Mayor's appointment of Jasmine Fast to the Greenway Advisory Committee, term ending December 3, 2015. MOTION CARRIED 6-0 (Pinky Vargas out of Chambers) 20726 2. Mayor's Appointment of Alan Artman to the Bellingham-Whatcom County Commission on Domestic Violence (Information) Information only. 20727 3. Mayor's Appointment of Randy Osborn to the Civil Service Commission (Approval) Terry Bornemann / Roxanne Murphy moved to approve the Mayor's appointment of Randy Osborn to the Civil Service Commission, term ending January 1, 2019. MOTION CARRIED 6-0 (Pinky Vargas out of Chambers). 20728 4. Mayor's Appointment of Robert Hendricks to the Citizens' Transportation Advisory Group (Information) Information only. 20729 5. Mayor's Appointment of Richard Osen to the Bellingham Public Library Board of Trustees (Approval) Terry Bornemann / Roxanne Murphy moved to approve the Mayor's appointment of Richard Osen to the Bellingham Public Library Board of Trustees, term ending February 9, 2020. MOTION CARRIED 6-0, (Pinky Vargas out of Chambers). 20730 6. Mayor's Appointment of Katrina Poppe to the Sehome Hill Arboretum Board of Governors (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. City of Bellingham Regular City Council Meeting Page 10 of 11 2/9/2015  20731 1. Authorization of Payroll labor cost payments dated January 10, 2015 - January 23, 2015. 20732 2. Interlocal Agreement Between the City and the Port of Bellingham for Mutual Use of Facilities 20733 3. Authorization of A/P checks issued January 30, 2015 Roxanne Murphy / Terry Bornemann moved to approve the Consent Agenda in its entirety. MOTION CARRIED 7-0. Final Consideration of Ordinances 20709 1. AN ORDINANCE AMENDING THE 2015 / 2016 ADOPTED BUDGET APPROPRIATING AN ADDITIONAL $106,748.00 / $58,910.OO FROM ESTIMATED ENDING UNRESERVED BALANCE IN THE DEVELOPMENT SERVICES FUND TO PROVIDE STAFFING AND SERVICES IN THE PLANNING DEPARTMENT FOR THE NEW RENTAL REGISTRATION AND INSPECTION PROGRAM. Jack Weiss / 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, HAMMILL, KNUTSON, LILLIQUIST, MURPHY, VARGAS, WEISS NAYS: EXCUSED: MOTION CARRIED 7-0 and was thereafter named Ordinance #2015-02-002 Adjournment There being no further business, the meeting adjourned at 8:51 p.m. ____________________________________________ Gene Knutson, Council President ____________________________________________ ATTEST: Linda D. Anderson, City Clerk Representative APPROVED: 2/23/2015 City of Bellingham Regular City Council Meeting Page 11 of 11 2/9/2015