City Council - Regular Meeting

City of Bellingham City Council Regular Meeting Minutes 02/23/2015, 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. The meeting of the Transportation Benefit District scheduled for Monday, February 23, 2015, has been cancelled and rescheduled for Monday, March 23, 2015, at 12:00 Noon in Council Chambers. Bellingham City Council meets all requirements of the State of Washington Open Public Meetings Act. Pledge of Allegiance Led by Anne Mackie. 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 Michael Lilliquist, Council Member, Sixth Ward Roxanne Murphy, Council Member, At Large Excused: Terry Bornemann, Council Member, Fifth Ward City of Bellingham Regular City Council Meeting Page 1 of 8 2/23/2015  15-Minute Public Comment Period William C. Myers took issue with red lights and rough roads Yoshé Revelle discussed human behavior and connections. Anne Mackie asked that methamphetamine testing be included in rental inspections. Dick Conoboy said that the county is changing its rules about methamphetamine contamination and how it's treated, partially in response to state law, which has raised the allowable level of contamination. He feels this may affect our checklist as we should be tightening up regulations not loosening them. Patrick McKee referenced the public hearing regarding the new bicycle lanes on Ohio Street (2/9/15; AB 20721). In response to Council Member Weiss's remark that these are very important, Mr. McKee said, that because Bellingham High School already has, or will have, bike lanes on the west, east and north there is already a lot of bicycle infrastructure there. He also reminded the council that there was an unspoken agreement that a vote would not be taken on the same night as a public hearing in order that the public have an opportunity for rebuttal. Wendy Harris would like the city to form a citizens committee regarding wildlife management issues to help inform the Comprehensive Plan update. Public Hearing 20735 1. Ordinance creating an incentive program for innovative affordable low-income homeownership projects in single-family and multi- family residential zoning districts Staff presentation by David Stalheim, Community Development Block Grant Manager, who gave an overview of the proposed changes to the ordinance, which was originally adopted in 2004 as a demonstration ordinance. Two projects have been developed under this ordinance by Kulshan Community Land Trust (14 units at Matthei Place and 3 units on Lafayette in the Birchwood Neighborhood). Proposed changes to the ordinance include eliminating requirement for permanent affordability; adding a 50 year affordability requirement; reduce the requirement that 100% of the units be affordable; a mix of income; adding some design and mix requirements and design standards for single family homes and changes to the decision making process. There are several policy issues that are still under discussion. City of Bellingham Regular City Council Meeting Page 2 of 8 2/23/2015  Council President Knutson opened the public hearing. Anne Mackie supports the basic concepts of the demonstration ordinance and was glad to hear Mr. Stalheim say there are decisions still on the table. She expressed concern that some of the public process took place over the holidays where it did not receive attention from the public as it might have otherwise. She is concerned that there may be things at risk if the decision process is removed from the Council and she does not want to see those decisions relinquished to the Hearing Examiner; and there are unknown elements in the zoning changes that are embedded in this amendment. She hopes that some of the rentals that have been taken off the market and locked up as student housing might come back on the market as fixer-uppers for families as the market has driven families out of the neighborhoods simply because they cannot afford the rents. Lisa Anderson, York Neighborhood President noted that she had sent a letter on behalf of the York Neighborhood requesting inclusion of a text amendment and reiterated their support of protecting historic housing, including text that would help de- incentivize the tear down of current housing stock allowing more fixer-uppers so there is more affordable housing for families who want to live close in and maintain housing that is part of our community's heritage. She is not comfortable with the decision process being taken from the council and given to the Hearing Examiner. Steve James would like to see the city slow down the process, allow more public input, attack affordable housing on a broad scope and not make a Band-Aid fix. Patrick McKee addressed items in the affordable housing ordinance and said:  rather than establish a certain distance from public transportation, simply say, anywhere in the city where there is infrastructure;  he does not agree with an elimination or reduction of impact fees and suggested the possibility, for a new homeowner, of making payments over a period of years;  Section F (Request for Regulatory Modification) throws open the zoning code in every neighborhood; it is too big of a change and needs more refinement and could change the look and character of our neighborhoods.  he does not believe these decisions should be turned over to an itinerant Hearing Examiner who is not familiar with the neighborhoods. These should be considered by the council who are familiar with the characteristics of the neighborhoods.  he would like to see residency requirements added to this ordinance for those candidates who are applying for the benefits of this new program. City of Bellingham Regular City Council Meeting Page 3 of 8 2/23/2015  Wendy Harris does not support the proposed ordinance. While she does support the homeless, disabled and affordable housing/infill it is not appropriate everywhere. In addition to exempting the Lake Whatcom Watershed she believes there should also be prohibition in critical areas, sensitive watersheds and shorelines. She questioned why this is happening now and feels discussions about infill would be more appropriate along with the Comprehensive Plan discussions. She also feels that development of housing for the homeless would be more successful if the homeless were empowered to be part of the process; rather than developers building housing for the homeless. Dean Fearing, Executive Director, Kulshan Community Land Trust (KCLT), noted that two the affordable housing projects KCLT has built has helped 160 families. He asked council to consider that the distance to a transit stop be relaxed completely or to ½ mile to give more flexibility to a project such as theirs. Otherwise it takes large portions of the city out of the scope for doing affordable housing projects. Dick Conoboy is concerned that areas that would be great spots for small affordable homes are being rezoned along Samish Way and will probably be apartment complexes with retail underneath. There being no further comments, the public hearing was closed. The written record will remain open until council makes a final decision on the matter. Jack Weiss / Dan Hammill moved to schedule a worksession of the Planning Committee regarding the proposed ordinance. MOTION CARRIED 6-0. Public Works / Public Safety 20736 1. Interlocal Agreement Between City of Bellingham and Whatcom Council of Governments to help fund the Whatcom Smart Trips Program Roxanne Murphy / Michael Lilliquist moved to authorize the Mayor to execute an Interlocal Agreement with Whatcom Council of Government to help fund the Whatcom Smart Trips Program. Council Members and staff discussed the opportunities for decreasing the amount of funding with concerns expressed on how the funding is being used and its' effectiveness. The amount has been decreasing over the years and the program is well established. Staff works closely with the Council of Governments, schools and the police department with a focus on middle school children. Staff recommends the proposed funding through 2015 and will bring concerns expressed by council to the attention of the Council of Governments. City of Bellingham Regular City Council Meeting Page 4 of 8 2/23/2015  MOTION CARRIED 4-2, Jack Weiss, Gene Knutson opposed. 20737 2. Project Update - Upcoming closure of Chestnut/Bay Bridge, Project ER-0013 Information only. Committee Of The Whole 20738 1. Hearing Examiner Semi-Annual Report to Council Information only. 20739 2. Bid award for Boulevard Park Sewer Improvements - Bid number 14B- 2014 Council President Knutson noted a correction in the amount of the bid, that was published in the agenda packet, to $587,918.41 Gene Knutson / Jack Weiss moved to award Bid No. 14B-2014 for Boulevard Park Sewer Improvements to Ram Construction of Bellingham, Washington as the lowest responsive, responsible bidder and to authorize the Mayor to enter into a contract with them for the amount of their bid, which is $587,918.41, which includes any applicable WSST. MOTION CARRIED 6-0. 20740 3. Presentation to Council regarding the Marine Nearshore Connectivity Final Report and update on Bellingham Bay Juvenile Salmon Assessment Information only. 4. Approval of Minutes Jack Weiss / Michael Lilliquist moved to approve the February 9, 2015 minutes of the City Council regular meeting as submitted. MOTION CARRIED 6-0. City of Bellingham Regular City Council Meeting Page 5 of 8 2/23/2015  5. Old/New Business Council Member Weiss noted that the Public Works/Public Safety Committee will be addressing the issue of traffic calming. Council Member Vargas noted there will be an open house with regard to the Alabama Corridor Project, March 4, 6:00 - 7:00 p.m. at Roosevelt Elementary School. Council Member Vargas noted that the Request for Proposal for the Signature Event closed on February 13th with eighteen applications. Council Member Murphy noted that the council will be hosting a worksession of the Committee of the Whole regarding paid and protected sick leave. Mayor's Report Standing time for briefings, updates and reports to Council by the Mayor, if needed. Information only.  Mayor Linville noted that on March 9 & 23, there will be worksessions for the City Council on the County's proposal for the new jail, which will be on the ballot in November.  Brian Heinrich reported that recent program outages on BTV10 were caused by technical problems.  Mayor Linville, staff and the lobbyists were able to meet with legislators in Olympia with discussions including transportation, housing, border tax and revenue sharing. 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. 20741 1. Bid Award for Soda Ash at the Water Treatment Plant, Bid Number 5B-2015 20742 2. Interlocal Cooperative Agreement with Whatcom County Parks and Recreation for the use of the Rifle Range City of Bellingham Regular City Council Meeting Page 6 of 8 2/23/2015  20743 3. Authorization of A/P checks issued February 6, 2015 20744 4. Authorization of A/P checks issued February 13, 2015 20745 5. Authorization of Payroll labor cost payments dated January 24, 2015 - February 10, 2015 Roxanne Murphy / Jack Weiss moved to approve the Consent Agenda in its entirety. MOTION CARRIED 6-0. Executive Session - Report and action only. 1. Litigation: City of Bellingham v. Sang T. Yi et al - Whatcom County Superior Court No. 14-2-02670-2: Staff provided information on a litigation matter. Direction given. No action taken. Final Consideration of Ordinances 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 Jack Weiss / 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: HAMMILL, KNUTSON, LILLIQUIST, MURPHY, VARGAS, WEISS NAYS: EXCUSED: BORNEMANN MOTION CARRIED 6-0 and was thereafter named Ordinance 2015-02-004 City of Bellingham Regular City Council Meeting Page 7 of 8 2/23/2015  Adjournment There being no further business, the meeting adjourned at 8:27 p.m. ____________________________________________ Gene Knutson, Council President ____________________________________________ ATTEST: Linda D. Anderson, City Clerk Representative APPROVED: 3/9/2015 City of Bellingham Regular City Council Meeting Page 8 of 8 2/23/2015