City Council - Regular Meeting

City of Bellingham City Council Regular Meeting Minutes 05/04/2015, 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 Bellingham City Council meets all requirements of the State of Washington Open Public Meetings Act. Pledge of Allegiance Led by Mike Smith. 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: 15-Minute Public Comment Period Arthur Steger related problems he is having getting a ride sharing business started in Bellingham. City of Bellingham Regular City Council Meeting Page 1 of 12 5/4/2015  Clarence Holmes shared union issues related to the PeaceHealth St. Joseph Medical Center union contract negotiations. He asked the city to support a fair contract. Simi Jain supports the rezone of 801 Samish Way [AB 20782]. Kate Haskell supports the rezone of 801 Samish Way [AB 20782]. Ken Chovil supports the rezone of 801 Samish Way [AB 20782]. Marissa McGrath supports a comprehensive plan for the jail that includes mental health care and treatment for drug and alcohol addiction. Michael Smith, Chair, Arts Commission, supports the One Percent for the Arts ordinance [AB 20772]. Christopher Grannis discussed the growth forecast, coming from the point of view of protecting Puget Sound. He said, enlarging the Urban Growth Area is sprawl and puts tremendous pressure on the environment. In order to encourage urban core growth and for people who want to live without cars, a good transit system is important. He suggested using incentives for urban growth with affordable housing (building up, not out) and increasing user fees on greenspace development and decreasing user fees on urban growth. Additionally, Bellingham is becoming a mature city and the population trend has been going down. He supports a low growth number rather than the proposed high growth number. Bob Burr does not support the proposed Samish rezones [AB 20781, 20782 & 20812], or asked that they at least be deferred until the Comprehensive Plan is achieved and the UGA is decided. Public comment continued after the two public hearings. Public Hearing(s) 20812 1. Consideration of amendments to the Samish Neighborhood Plan and Bellingham Municipal Code to create a new Area 1A in the Samish Neighborhood with a Commercial land use designation and a Commercial, Planned zoning designation Ali Taysi, AVT Consulting, LLC, spoke on behalf of the property owners [Ashley Street Properties]. First, Mr. Taysi noted that he had recused himself from the Planning Commission meetings in regard to this subject. He addressed traffic and parking City of Bellingham Regular City Council Meeting Page 2 of 12 5/4/2015  concerns and explained that this will not be student housing but would be housing for all demographics. Staff presentation by Kathy Bell, Planner. She reviewed a map of the subject area and a matrix [p. 76, Agenda Packet] of permitted uses comparing Commercial, Planned and Commercial, Auto. She said this area is no longer appropriate for Commercial, Auto; noted that critical areas will be protected by the Critical Area Ordinance and that the Planning Commission found that residential uses should be considered as an outright permitted use. Exhibit D [p. 16, Agenda Packet] of the proposed ordinance will be amended should the city council approve the rezone. Staff and the Planning Commission recommend support. Council President Knutson opened the public hearing. Kevin Moore with Dan Parcher, owners [Ashley Street Properties] said the property has unique features and good opportunities for what they are proposing. They have high standards and they have a property management company that also has high standards resulting in good tenants. He feels this site will do well and asked for approval of this rezone. Randi Sanders spoke in opposition to the proposed rezone. George Sanders asked that easements are put in place to insure ecological protection of the Lincoln Falls conservation area. Dick Conoboy feels this rezone should be defeated and suggested making it multi- family and using the infill toolkit instead. There being no further comments, the public hearing was closed. Jack Weiss / Roxanne Murphy moved to continue to the next meeting of the Planning Committee for further review and consideration. MOTION CARRIED 7-0. 20813 2. A Public Hearing Regarding a Resolution Declaring Certain Whatcom Medic One Property Surplus to the City of Bellingham Staff presentation by Peter Ruffatto, City Attorney. He noted that the property under consideration for being declared surplus includes a 2003 double-wide manufactured home located at 1886 Grandview Road, Ferndale, WA; a 2007 Ford E450 ambulance; a LifePak 15 defibrillator and a hydraulic rescue unit. Council President Knutson opened the public hearing. City of Bellingham Regular City Council Meeting Page 3 of 12 5/4/2015  No citizen's spoke and the public hearing was closed. Michael Lilliquist / Pinky Vargas moved final approval of Resolution #2015-06. MOTION CARRIED 7-0. PUBLIC COMMENT REOPENED Dick Conoboy shared a cartoon he feels reflects his concerns about the Samish rezones. Ali Taysi responded to questions that were raised during the Planning Committee regarding heights of the property for the rezone of Area 9. The height limit is 35' except for the very center of the property. Additionally, traffic improvements will have curb, gutter and sidewalk improvements. Public Works / Public Safety 20814 1. Discussion on Transportation Network Companies Terry Bornemann / Roxanne Murphy moved to direct staff to proceed with a draft ordinance that includes issues discussed in the staff memo. MOTION CARRIED 7-0. 20815 2. Consideration of an Interlocal Agreement between the City of Bellingham and Whatcom County Regarding Division of Whatcom Medic One Assets and Liabilities Terry Bornemann / Michael Lilliquist moved to authorize the Mayor to execute the Interlocal Agreement with Whatcom County Regarding Division of Whatcom Medic One Assets and Liabilities. MOTION CARRIED 7-0. 20816 3. A Resolution in Support of the City of Bellingham's Application to Obtain Financing Through the Washington State Treasurer's Local Option Capital Asset Lending (LOCAL) Program to Pay for the Retrofitting of Approximately 3,600 City Street Lights with LED Fixtures "A RESOLUTION IN SUPPORT OF THE CITY OF BELLINGHAM'S APPLICATION TO OBTAIN FINANCING THROUGH THE WASHINGTON STATE TREASURER’S LOCAL OPTION CAPITAL ASSET LENDING (LOCAL) PROGRAM TO PAY FOR THE RETROFITTING OF APPROXIMATELY 3,600 CITY STREET LIGHTS WITH LED FIXTURES." City of Bellingham Regular City Council Meeting Page 4 of 12 5/4/2015  Terry Bornemann / Roxanne Murphy moved final approval of Resolution #2015-07. MOTION CARRIED 7-0. 20817 4. An Ordinance Authorizing the Acquisition of Approximately 3,600 LED Street Light Fixtures and Execution of a Financing Contract and Related Documentation Relating to the Acquisition of Said Personal Property Through the Washington State Treasurer's Local Option Capital Asset Lending (LOCAL) Program "AN ORDINANCE AUTHORIZING THE ACQUISITION OF APPROXIMATELY 3,600 LED STREET LIGHT FIXTURES AND EXECUTION OF A FINANCING CONTRACT AND RELATED DOCUMENTATION RELATING TO THE ACQUISITION OF SAID PERSONAL PROPERTY THROUGH THE WASHINGTON STATE TREASURER'S LOCAL OPTION CAPITAL ASSET LENDING (LOCAL) PROGRAM." Terry Bornemann / Pinky Vargas moved approval for first and second reading. MOTION CARRIED 7-0. 20818 5. Presentation of the Fairhaven Parking Task Force final draft report and recommendations Council Member Bornemann reported that consideration would be continued, to allow council additional time to review the report and consider a resolution adopting the report along with funding recommendations. Planning 20819 1. Review of the Planning and Community Development Department's 2015-2016 current planning and permitting work program Review presented during committee. Information only. 20781 2. Consideration of 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 City of Bellingham Regular City Council Meeting Page 5 of 12 5/4/2015  "AN ORDINANCE OF THE CITY OF BELLINGHAM RELATING TO BELLINGHAM'S COMPREHENSIVE PLAN, AMENDING THE SAMISH NEIGHBORHOOD PLAN AND SECTION 20.00.150 OF THE BELLINGHAM MUNICIPAL CODE TO REZONE AREA 9 OF THE SAMISH NEIGHBORHOOD FROM COMMERCIAL, PLANNED, NON- RETAIL TO COMMERCIAL, PLANNED." Jack Weiss / Pinky Vargas moved approval for first and second reading. Council Member Bornemann said that he is concerned about a domino effect if these rezones are approved and will not support the proposed rezone. MOTION CARRIED 6-1, Terry Bornemann opposed. 20782 3. Consideration of 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 AN ORDINANCE OF THE CITY OF BELLINGHAM RELATING TO BELLINGHAM'S COMPREHENSIVE PLAN, AMENDING THE SAMISH NEIGHBORHOOD PLAN AND SECTION 20.00.150 OF THE BELLINGHAM MUNICIPAL CODE TO REZONE 801 SAMISH WAY IN AREA 4 OF THE SAMISH NEIGHBORHOOD FROM RESIDENTIAL, SINGLE TO COMMERCIAL, PLANNED, OFFICES ONLY ALLOWED, AND CREATING A NEW AREA 10 IN THE SAMISH NEIGHBORHOOD." Jack Weiss / Pinky Vargas moved approval for first and second reading. Council Member Bornemann said that because the proposed ordinance says offices, not office, he feels there is a potential for multiple offices and will not support the proposed rezone. MOTION CARRIED 6-1, Terry Bornemann opposed. Community and Economic Development 20820 1. Resolution Authorizing 2015 HUD Annual Action Plan "A RESOLUTION RELATING TO THE 2015 ACTION PLAN, THE USE OF COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG), HOME INVESTMENT PARTNERSHIP PROGRAM (HOME) AND BELLINGHAM 2012 HOUSING LEVY FUNDS, THE ALLOCATION OF FUNDS TO SUPPORT City of Bellingham Regular City Council Meeting Page 6 of 12 5/4/2015  SELECTED CITY HOUSING AND HUMAN SERVICES AGENCIES AND DIRECTING THE MAYOR TO SUBMIT THE 2015 ACTION PLAN TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT." Michael Lilliquist / Roxanne Murphy moved final approval of Resolution #2015-08. MOTION CARRIED 6-0-1 Jack Weiss out of Chambers. 20772 2. One Percent for the Arts Ordinance "AN ORDINANCE ESTABLISHING BELLINGHAM MUNICIPAL CODE CHAPTER 4.92 FOR THE PURPOSE OF ESTABLISHING A ONE PERCENT FOR ART PROGRAM." Michael Lilliquist / Roxanne Murphy moved approval for first and second reading. MOTION CARRIED 6-0-1, Jack Weiss out of Chambers. 20788 3. Urban Village Redevelopment Incentives Continued to worksession of the Community and Economic Development Committee. 20821 4. Presentation on the Economic Contribution of Outdoor Recreation Study Presentation during committee. Information only. Committee Of The Whole 20822 1. Annual Update from Bellingham Whatcom County Commission Against Domestic Violence Update presented during committee. Information only. 20789 2. An Ordinance amending Chapter 10.28 BMC to authorize voluntary compliance agreements with property owners where the violation does not create an imminent risk of harm to public health or safety "AN ORDINANCE AMENDING CHAPTER 10.28 BMC TO AUTHORIZE VOLUNTARY COMPLIANCE AGREEMENTS WITH PROPERTY OWNERS City of Bellingham Regular City Council Meeting Page 7 of 12 5/4/2015  WHERE THE VIOLATION DOES NOT CREATE A RISK OF IMMINENT HARM TO PUBLIC HEALTH OR SAFETY." Gene Knutson / Roxanne Murphy moved approval for first and second reading. MOTION CARRIED 7-0. 20757 3. Discussion of Proposed New Jail Facility Gene Knutson / Pinky Vargas moved that the administration present the entire memorandum, as presented in the agenda packet (pps. 519-522), to the County Executive for a response on each item. MOTION CARRIED 7-0. Brian Heinrich, Deputy Administrator, clarified that August 4th is the last date the council can send an item to the Whatcom County Auditor's Office for the General Election ballot. 4. Approval of Minutes Roxanne Murphy/ Dan Hammill moved to approve the April 13, 2015 minutes of the City Council regular meeting as submitted. MOTION CARRIED 7-0. Roxanne Murphy / Dan Hammill moved to approve the April 20, 2015 minutes of the City Council regular meeting as submitted. MOTION CARRIED 5-0-2, Gene Knutson, Terry Bornemann abstained. 5. Old/New Business Council Member Murphy praised the presentation by Author Timothy Egan of the works, Images from The North American Indian by Edward S. Curtis, held recently at the Mt. Baker Theatre. The Edward S. Curtis exhibit is on display at The Whatcom Museum. Council Member Hammill expressed his appreciation for the opportunity to ride along with Community Paramedic Rob Stevenson, Community Paramedic Program, and described the diverse circumstances that the program attends to. Council Member Vargas noted that the Lodging Tax Advisory Committee (LTAC) has chosen the Bellingham Waterfront and Seafood Festival as a new signature event for the community. City of Bellingham Regular City Council Meeting Page 8 of 12 5/4/2015  Council Member Vargas expressed her appreciation for the Western Washington University journalism students. Executive Session - Cancelled 1. Potential Property Acquisition - Cancelled 2. Potential Property Acquisition - Cancelled 3. Potential Property Acquisition - Cancelled Mayor's Report 20823 1. Mayor's Appointment of James York and Megan Lee to the Greenway Advisory Committee (Approval) Jack Weiss / Terry Bornemann moved to approve the Mayor's appointment of James York and Megan Lee to the Greenway Advisory Committee, terms ending May 4, 2018. MOTION CARRIED 7-0. 20824 2. Mayor's Reappointment of Steven James as the Puget Neighborhood Primary Representative and Kate Nichols as the Happy Valley Neighborhood Primary Representative to the Mayor's Neighborhood Advisory Commission (Information) Information only. 20825 3. Mayor's Appointment of Nina Talbot and Cheryl Ann Myers and Reappointment of Meredith Ross and Karen Stuen to the Bellingham Sister Cities Advisory Board (Information) Information only. Standing time for briefings, updates and reports to Council by the Mayor, if needed. Information only. Brian Heinrich, Deputy Administrator, said the Revitalize Washington 2015 Annual Conference starts on Wednesday, May 6th. City of Bellingham Regular City Council Meeting Page 9 of 12 5/4/2015  The training program for Access Bellingham has started and he anticipates much more content on BTV10. 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. 20804 1. Amend the Public Works Natural Resources budget for the addition of a .25 FTE of the Environmental Monitoring Coordinator Position "AN ORDINANCE AMENDING THE 2015/2016 ADOPTED BUDGET RECLASSIFYING ONE FULL TIME POSITION BUDGETED IN MULTIPLE FUNDS IN THE PUBLIC WORKS DEPARTMENT, REPLACING THE FULL TIME POSITION WITH TWO PART TIME POSITIONS AND REALLOCATING EXPENDITURES IN THE WATER, STREET, STORM AND SURFACE WATER AND OLYMPIC PIPELINE INCIDENT FUNDS TO PROVIDE FUNDING FOR THE CHANGE." 20826 2. An ordinance appropriating remaining funds in the Park Site Acquisition Fund and closing the fund "AN ORDINANCE APPROPRIATING $84,868.00 REMAINING FUNDS IN THE PARK SITE ACQUISITION FUND AND CLOSING THE FUND." 20827 3. Authorization of A/P checks issued April 17, 2015 20828 4. Authorization of A/P checks issued April 24, 2015 20829 5. Authorization of Payroll labor cost payments dated April 11, 2015 - April 24, 2015 Roxanne Murphy / Terry Bornemann moved to approve the Consent Agenda in its entirety. MOTION CARRIED 7-0. Final Consideration of Ordinances 20801 1. AN ORDINANCE RELATING TO THE 2015/2016 BIENNIAL BUDGET RECONCILING THE DIFFERENCES BETWEEN BUDGETED ESTIMATED 2015 BEGINNING RESERVE BALANCES AND ACTUAL 2015 BEGINNING RESERVE BALANCES, AND PLACING THE DIFFERENCES IN THE ENDING RESERVE BALANCES FOR A NET RESERVE INCREASE OF $45,574,784.00 City of Bellingham Regular City Council Meeting Page 10 of 12 5/4/2015  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: AYES: BORNEMANN, HAMMILL, KNUTSON, LILLIQUIST, MURPHY, VARGAS, WEISS NAYS: EXCUSED: MOTION CARRIED 7-0 and was thereafter named Ordinance #2015-05-014 20802 2. AN ORDINANCE RELATING TO THE 2015 BUDGET APPROPRIATING $11,751,064.84 IN ADDITIONAL FUNDS TO PAY FOR GOODS AND SERVICES ORDERED IN 2014 BUT UNPAID AT YEAR END CLOSING, FROM REVENUE AND ESTIMATED ENDING RESERVE BALANCES Roxanne Murphy / 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, HAMMILL, KNUTSON, LILLIQUIST, MURPHY, VARGAS, WEISS NAYS: EXCUSED: MOTION CARRIED 7-0 and was thereafter named Ordinance #2015-05-015 20803 3. AN ORDINANCE RELATING TO THE 2015 BUDGET APPROPRIATING $53,154,416.00 FROM ESTIMATED RESERVES AND OUTSTANDING REVENUE TO PAY FOR GOODS AND SERVICES THAT WERE AUTHORIZED IN 2014 BUT WERE NOT OBLIGATED BY PURCHASE ORDER OR CONTRACT BY YEAR END, AND PLACING $949,015.00 IN ESTIMATED ENDING RESTRICTED RESERVES 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, HAMMILL, KNUTSON, LILLIQUIST, MURPHY, VARGAS, WEISS NAYS: EXCUSED: City of Bellingham Regular City Council Meeting Page 11 of 12 5/4/2015  MOTION CARRIED 7-0 and was thereafter named Ordinance #2015-05-016 Adjournment There being no further business, the meeting adjourned at 8:48 p.m. ___________________________________________ Gene Knutson, Council President ____________________________________________ ATTEST: Linda D. Anderson, City Clerk Representative APPROVED: 5/18/2015 City of Bellingham Regular City Council Meeting Page 12 of 12 5/4/2015