City Council - Regular Meeting

City of Bellingham City Council Regular Meeting Minutes 04/13/2015, 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 Wednesday, April 22nd, the Annual Lake Whatcom Management Program Joint Councils and Commissions Meeting will take place 6:30- 8:30 PM in Council Chambers. It will be preceded by an Open House at 6:00 PM in the lobby of City Hall. 2. On Monday, May 4th at 7:00 PM in Council Chambers, there will be a Public Hearing to consider an amendment to the Samish Neighborhood Plan that creates a new subarea, Area 1A. Bellingham City Council meets all requirements of the State of Washington Open Public Meetings Act. Pledge of Allegiance Led by Gary Vodopich. Roll Call Present: Jack Weiss, Council Member, First Ward Gene Knutson, Council Member, Second Ward Daniel Hammill, Council Member, Third Ward City of Bellingham Regular City Council Meeting Page 1 of 12 4/13/2015  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 15-Minute Public Comment Period Council President Knutson requested a moment of silence for the late Robin duPre. Council President Knutson, on behalf of Council Member Terry Bornemann and his family, thanked Bellingham for all the support in the loss of their son, Aaron. Council President Knutson requested that the community give the family time to heal. Steve Crooks thanked the City for the latest addition to the City parks system with the purchase of the Cordata Community Park Garden property for a park on the north side of town. Hill Cummings discussed mental health issues. Eleanor Hines, Whatcom County Marine Resources Committee, invited citizens and the council members to an opportunity to learn skills to help prepare in the event of an oil spill on April 23, 2015, 1:00 - 4:00 p.m. at the Bellingham Yacht Club. George Dyson feels that in order to bring our downtown and Old Town back to life the city needs a dock. In the Master Development Agreement with the Port the city is committed to endless specifications, time schedules and amounts of money to build the roads to enable the sale of this land. And, there is nothing in the document about if, when or ever, the Port will build the City of Bellingham a downtown dock. He believes this is a mistake. Also in that agreement, the city has to buy back 'our own park land' at a much higher price than the land is being sold to foreign speculators. Please try to balance the scale so the Port also has a timeline at which, they will commit to something about their responsibility to our waterfront; not to change the deal we have but to make it better. Daniel Myrick spoke in opposition to the proposed jail, to the tune of $80,000 a cell and 300 poorly chosen job opportunities. Instead of building jail cells he proposed a City of Bellingham Regular City Council Meeting Page 2 of 12 4/13/2015  solution to both economic growth and increased tourism in Bellingham that would restore empty buildings to commercial status and employ a potentially larger job base than would a jail, while increasing our ever-expanding cultural identity. He noted the Dutch influence in our area economically and socially. In addition to the many similarities between Bellingham and Amsterdam and having acceptance of marijuana as does Amsterdam he feels we are, in many ways, primed to become the New Amsterdam upon the consideration and implementation of Amsterdam-style coffee shop licensing. These new venues would be point of purchase as well as consumption of legal cannabis in an environment with beverages, snacks and cannabis products open to the buying public. In diverse environments that express their unique owners this would remove any public consumption, a citable offense. He requested that if the City adopts his idea as an economic endeavor that he receive the first shop license issuance gratis. Marian Beddill remembered the late Robin duPre. She then addressed clean water in Lake Whatcom and the waterfront and her concerns that it would be the responsibility of the City and the Port to clean up the land and what is underneath it. She noted, that she had not heard anything about the Y Road Dump where the mill regularly hauled their discharge materials. While the dump is in the County it is tied to a city property. She asked that the city talk to the county and get the county to reviewing and evaluating the on-going pollution from the Y Road Dump because it sits in the Lake Whatcom watershed. Public Hearing(s) 20781 1. A Public Hearing to consider amendments to the Samish Neighborhood Plan and Bellingham Municipal Code to rezone Area 9 in the Samish Neighborhood from Commercial, Planned, non-retail to Commercial, Planned Lisa Pool, Senior Planner made the staff presentation. The applicant's request is to remove the non-retail restriction from the Commercial, Planned, non-retail designation. Removing this designation expands the uses to include retail facilities, personal services, daycares, apartments in conjunction with other uses, as well as other uses. A site-specific proposal has not been submitted but the applicant has indicated that future development on the site will include a multi-family project. Staff recommends approval and the Planning Commission recommendation is Commercial, Planned , including residential uses permitted outright. Ali Taysi, ABT Consulting, representing the property owner, explained that this is already Planned Commercial and their proposal is to remove the use qualifier, which City of Bellingham Regular City Council Meeting Page 3 of 12 4/13/2015  would give the property owner an opportunity to provide a residential project or a mixed use project. Recently there have been citations for transient populations, trash and criminal trespass. Redevelopment of this property would improve public safety and if a proposal is brought forward the project would require a public process. He noted that there has been a great deal of concern about retail uses. He said they do not believe a retail use could be effectively developed on this property and would be comfortable with a true retail restriction in the zoning table, as long as it allowed the other Commercial Planned uses that are not retail. He encouraged council to support the proposed rezone which would allow development of this underutilized property. Council Member Lilliquist asked for further clarification on the proposed uses. Ms. Pool said that the Planning Commission recommendation is for all of the Planned Commercial uses, in addition to residential permitted outright. Agenda packet, page 113 (BMC 20.38.050) Council President Knutson opened the public hearing. Dick Conoboy said this is the sole commercial lot along that part of Samish Way. He just found out that about 50 years ago there was a gas station at that site so he has concerns about traces of gasoline, fuel and other contaminants that may be left in the ground and whether that will be considered when, and if, this rezone is approved. He would like to see the lot rezoned to single-family, like everything else around it but, that is not on the table. We don't really know what the build-out is going to be and he has concerns about the density and traffic because of all the uses allowed. Gary Vodopich would like the property to remain as it is rather than putting in a multi- unit apartment building. He cited concerns of the increased traffic load, especially turning left onto Samish Way. This is a single-family residential neighborhood and he would like it to remain that way. Steve Abell feels that changing zoning to allow retail on either of the two parcels under consideration would put the neighborhood character at risk. He asked that if the current non-retail qualifier is eliminated, the city also create language in the new ordinance to exclude retail from Area 9. Marian Beddill has concerns about traffic from this kind of development. She asked that, whatever the development is, the developer and the city institute very careful traffic controls. City of Bellingham Regular City Council Meeting Page 4 of 12 4/13/2015  There being no further comments, the public hearing was closed. Michael Lilliquist / Jack Weiss moved to refer to the Planning Committee on May 4th for consideration of the ordinance. MOTION CARRIED 6-0. 20782 2. A Public Hearing to consider amendments to the Samish Neighborhood Plan and Bellingham Municipal Code to rezone 801 Samish Way in Area 4 of the Samish Neighborhood from Residential, Single to Commercial, Planned, office uses only Lisa Pool, Senior Planner made the staff presentation. Pacific Harbor Holdings, LLC, a psychology practice, has requested a rezone to 801 Samish Way from Residential, Single to Commercial, Planned with a non-retail restriction. Staff supports the request and recommends 801 Samish become part of Area 9. However, the Planning Commission recommended that these areas be kept separate and that a new sub-area; "Area 10" be created and further restricted the uses to Commercial, Planned, offices only. This is the recommendation that is being brought forward. Dr. Rodney Anderson, on behalf of Pacific Harbor Holdings, LLC, described the psychology group and its proposal. The building is single story, ADA accessible, along a bus line and near I-5 with sufficient parking. While the interior would require some remodeling, no exterior architectural or structural changes would be needed. He noted that the Comprehensive Plan Amendment Criteria and Rezone Criteria have been met and is in alignment with the Comprehensive Plan. He added that, should the psychology practice ever leave, any future changes to the property/building would require an additional permitting process. Their estimation is that the practice expects an additional 3-8 vehicle trips during peak commuting hours and the intention of the ownership group is to remain there long term. Council President Knutson opened the public hearing. Dick Conoboy spoke in opposition to the proposal and is concerned that there could be changes in the future that would totally change the character of the property. Steve Abell said his concern is preventing retail use of this parcel. He asked that any proposed ordinance have safeguards to prevent inappropriate or out-of-character land uses that would be sure to threaten the residential character of the neighborhood. He hopes the council will support the office-only restriction. Ken Chovil, a neighbor, supports the proposal as it, for the foreseeable future, promises to maintain the character of the neighborhood. City of Bellingham Regular City Council Meeting Page 5 of 12 4/13/2015  Gary Vodopich, Samish Neighborhood Board, said they would welcome the doctors to their neighborhood but would like to have reassurance that if the doctors did leave, the property would be turned back into R1 zoning. Ron Judd, a neighbor, has concerns about long term impacts. He said this property is residential on three sides and provides a buffer to the neighborhood. He asked that these two rezones be considered together and consider the impacts both to traffic and the neighborhood. Simi Jain, Attorney, on behalf of Pacific Harbor Holdings, LLC recommends approval. It meets the criteria for approval, there is a long term plan to keep the business at this property and planned commercial standards are in place to protect the city and the neighborhood from future development should the applicant's long-term plans not be realized. Nate Marino, neighbor, is opposed to both rezones. They are in the middle of the neighborhood and are not consistent with Samish Neighborhood's character. His concerns include: that this is an area of single family homes, the new development on Lincoln Street and traffic. He noted that the traffic data was done when Western Washington University was out of session and therefore, the traffic data is not accurate. There being no further comments, the public hearing was closed. Roxanne Murphy / Michael Lilliquist moved to refer to the Planning Committee on May 4th for consideration of the ordinance. MOTION CARRIED 6-0. BREAK Council President Knutson called the meeting back to order at 8:34 p.m. Public Works / Public Safety 20751 1. Proposed Ordinance Accepting Donation of Real Property and Improvements known as the Padden Lake Hills Stormwater Facility "AN ORDINANCE ACCEPTING THE DONATION OF REAL PROPERTY AND IMPROVEMENTS KNOWN AS THE PADDEN LAKE HILLS STORMWATER FACILITY." Roxanne Murphy / Dan Hammill moved approval for first and second reading. MOTION CARRIED 5-1, Michael Lilliquist opposed. City of Bellingham Regular City Council Meeting Page 6 of 12 4/13/2015  20752 2. Proposed Ordinance Accepting the Donation of Real Property and Improvements known as the 22nd Street Stormwater Facility "AN ORDINANCE ACCEPTING THE DONATION OF REAL PROPERTY AND IMPROVEMENTS KNOWN AS THE 22ND STREET STORMWATER FACILITY." Roxanne Murphy / Pinky Vargas moved approval for first and second reading. MOTION CARRIED 5-1, Michael Lilliquist opposed. 20753 3. Proposed Ordinance Accepting Donation of Property South of Birch Street "AN ORDINANCE ACCEPTING THE DONATION OF REAL PROPERTY LOCATED SOUTH OF AND ADJACENT TO BIRCH STREET." Roxanne Murphy / Michael Lilliquist moved approval for first and second reading. MOTION CARRIED 6-0. 20783 4. LED Street Lighting Retrofit Project Council Member Murphy reported that the Council had directed staff to continue to develop the LED Street Lighting Retrofit project. Planning 20784 1. Review of the Planning and Community Development Department's 2015-2016 long range planning work program Presentation during committee. Information only. Parks and Recreation 20785 1. Cooperation Agreement for Construction of Improvements for the Interim Public Trail Between Bellwether Way and ASB/Marina City of Bellingham Regular City Council Meeting Page 7 of 12 4/13/2015  Roxanne Murphy / Jack Weiss moved to authorize the Mayor to enter into an Interlocal Cooperation Agreement with the Port of Bellingham for construction of improvements for the Interim Public Trail between Bellwether Way and ASB/Marina. MOTION CARRIED 6-0. Lake Whatcom Reservoir and Natural Resources 20786 1. Informational Presentation by the Watershed Advisory Board Presentation during committee. Information only. 20787 2. Lake Whatcom Management Program (2015-2019) 5 Year Plan Presentation during committee. Information only. Community and Economic Development 20788 1. Urban Village Redevelopment Incentives Presentation during committee. Any questions should be forwarded to staff and this item will be revisited at a future worksession. Committee Of The Whole (Items heard in order as noted below) 20790 3. Presentation by Port of Bellingham on Waterfront District Master Development Agreement Presentation during committee. Information only. 20757 2. Discussion of Whatcom County Jail Proposal Presentation during committee. Discussions will continue with the County regarding language in the proposal. Information only. City of Bellingham Regular City Council Meeting Page 8 of 12 4/13/2015  20789 1. An ordinance amending Chapter 10.28 BMC to authorize voluntary compliance agreements with property owners where the violation does not create a risk of imminent harm to public health or safety "AN ORDINANCE AMENDING CHAPTER 10.28 BMC TO AUTHORIZE VOLUNTARY COMPLIANCE AGREEMENTS WITH PROPERTY OWNERS WHERE THE VIOLATION DOES NOT CREATE A RISK OF IMMINENT HARM TO PUBLIC HEALTH OR SAFETY." Presented during committee as Information Only. The item will be brought back before Council on April 20th for consideration. 4. Approval of Minutes Jack Weiss / Roxanne Murphy moved to approve the March 23, 2015 minutes of the City Council regular meeting as submitted. MOTION CARRIED 6-0. 5. Old/New Business Council Member Lilliquist requested that the administration develop and present additional funding sources for the cleanup of Lake Whatcom. Council Member Weiss expressed frustration with regard to the Waterfront presentation. A Master Plan was approved for 5.3 million square feet for the entire waterfront; 3.8 million of which, was south of the waterway and yet this proposal is for one million square feet, which will not be reached until 2034. Council Member Weiss requested that staff look at possibilities for rescheduling the Retreat, previously scheduled for this date. Mayor's Report Standing time for briefings, updates and reports to Council by the Mayor, if needed. Information only. Mayor Linville attended a meeting with Senator Maria Cantwell regarding oil train safety and noted that Senator Cantwell's legislation mirrors much of what the City of Bellingham feels is important. She offered to draft a letter in support of the legislation. City of Bellingham Regular City Council Meeting Page 9 of 12 4/13/2015  Mayor Linville reported that Paul Gazdik has been hired as the city's new Emergency Management Coordinator. 20791 1. Mayor's Reappointment of Markku Kanervikkoaho and Lauren McClanahan to the Bellingham Sister Cities Advisory Board (Information) Information only. 20792 2. Mayor's Appointment of Izaac Post to the Citizens' Transportation Advisory Group (Information) Information only. 20793 3. Mayor's Appointment of Olga Kurochkina 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. 20794 1. Interlocal Agreement Amendment No. 2 with Whatcom County for Traffic Signal Maintenance 20795 2. Authorization of Payroll labor cost payments dated March 11, 2015 - March 25, 2015 20796 3. Authorization of A/P checks issued March 20, 2015 20797 4. Authorization of A/P checks issued March 27, 2015 Roxanne Murphy / Pinky Vargas moved to approve the Consent Agenda in its entirety. MOTION CARRIED 6-0. City of Bellingham Regular City Council Meeting Page 10 of 12 4/13/2015  Final Consideration of Ordinances 20769 1. AN ORDINANCE AMENDING THE 2015 / 2016 ADOPTED BUDGET APPROPRIATING AN ADDITIONAL $72,100.00 IN 2015 AND $88,738.00 IN 2016 FROM ESTIMATED ENDING RESTRICTED RESERVES IN THE PUBLIC SAFETY DISPATCH FUND TO PROVIDE FOR THE ADDITION OF ONE NEW POSITION IN THE BELLINGHAM POLICE DEPARTMENT Michael Lilliquist / 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: HAMMILL, KNUTSON, LILLIQUIST, MURPHY, VARGAS, WEISS NAYS: EXCUSED: BORNEMANN MOTION CARRIED 6-0 and was thereafter named Ordinance #2015-04-008. 20770 2. AN ORDINANCE AMENDING THE 2015 / 2016 ADOPTED BUDGET INCREASING REVENUE IN THE GENERAL FUND BY $1,000,000.00 AS A RESULT OF PROCEEDS FROM AN INTERGOVERNMENTAL LOAN AND APPROPRIATING THE ADDITIONAL $1,000,000.00 FOR THE PURCHASE OF SIX BASIC LIFE SUPPORT AID CARS FOR THE BELLINGHAM FIRE DEPARTMENT Roxanne Murphy / Pinky Vargas 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 #2015-04-009. 20774 3. AN ORDINANCE OF THE CITY OF BELLINGHAM, WASHINGTON, ESTABLISHING FEES FOR RENTAL REGISTRATION City of Bellingham Regular City Council Meeting Page 11 of 12 4/13/2015  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 #2014-04-010. Adjournment There being no further business, the meeting adjourned at 9:05 p.m. ____________________________________________ Gene Knutson, Council President ____________________________________________ ATTEST: Linda D. Anderson, City Clerk Representative APPROVED: 5/4/2015 City of Bellingham Regular City Council Meeting Page 12 of 12 4/13/2015