City Council - Regular Meeting

City of Bellingham City Council Regular Meeting Minutes 06/01/2015, 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. The City Council will hold its Annual Retreat on Monday, June 8th 6:00-9:00 PM in the I.T. Fireplace Room in the basement of the Municipal Court Building, Halleck Street entrance. Pledge of Allegiance Led by Jack Petree 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 6/1/2015  Presentation 20846 1. Recognition of winners of the 2015 Essence of Bellingham Photography Competition Vanessa Blackburn presented winners of the 2015 Essence of Bellingham Photography Competition. Mayor Kelli Linville recognized winners; Best of Class in the K - 4th grade category; Best of Class in the 9th - 12th grade category; Best of Class in the College category; and winners 3rd through 1st Place. 15-Minute Public Comment Period Rick Hannam, spoke about climate change and the lack of help from President Obama. Lisa Anderson, President of the York Neighborhood Association, addressed the Council of concerns for a building permit that was issued to property owners of three lots in the 1600 block of Iron Street. She referenced her letter that was sent to Council members. The letter explained how the lots are being used to build homes the association feels are out of scale for the neighborhood. They feel they do not fit within zoning guidelines and may jeopardize the character of the neighborhood if the building is allowed to take place. Jen Bauer, a resident of the York Neighborhood, also added to the concern of the project being developed in the 1600 block of Iron Street. She quoted an ad from Craigslist that describes the proposed building project. She expressed her fear the ad is misleading and description is not consistent with what was listed on the building permit application. Stacey Stauber, resident of the York neighborhood, similarly voiced her concerns about building codes not being followed, lack of a backyard for the project and she feels the alley access will be compromised. Anne Mackie, resident of the York neighborhood, reminded Council about an emergency ordinance in the Happy Valley incident of 1997. She felt it was similar to the project of the York neighborhood that is currently taking place. This project is not compatible with the neighborhood or the zoning. She asked Council to take action and give better direction to the Planning Department on this project. Wendy Harris, opposes the incentive package that was discussed today. She expressed her concerns about how these incentives affect or cost the public. She feels incentives are becoming public subsidies. [AB20788] City of Bellingham Regular City Council Meeting Page 2 of 11 6/1/2015  Yoshé Revelle, spoke on performing deeds of loving kindness. Charles Law, provided his suggestion for land use. Specifically he addressed the lack of land for multi-zoned areas. He proposed a solution to lease land rather than sell it. He feels a 99 year lease to developers could work. George Sanders, addressed the Samish Neighborhood 1A rezone. He expressed concerns about proper development on that site and trees in the area to keep. Dick Conoboy, resident of Samish Neighborhood, addressed 3 rezones that have been proposed within the last year. He is opposed to the way the area is being developed and lack of affordable housing. He asked Council to carefully consider the rezone of the next ordinance. [AB20812] Public Hearing 20847 1. Public Hearing regarding the Draft 2016-2021 Transportation Improvement Program (TIP) "A RESOLUTION OF THE CITY OF BELLINGHAM, WASHINGTON ADOPTING THE 2016 - 2021 TRANSPORTATION IMPROVEMENT PROGRAM." Chris Comeau, Transportation Planner reviewed the projects including the TIP. Mr. Comeau noted that projects within the years 2016-2017-2018 are fully funded. Anything after that is not fully funded. Project #1: Annual Arterial Pavement Resurfacing Program. Annual program. Funding through 2018 by Transportation Benefit District (TBD) and Streets. Project #2: Transit Service Enhancements. TBD funded. TBD Board made decisions today to extend the contract with WTA and increase funding. He will make that change and get back to Council reflecting those changes before the next Council Meeting. Project #3: Non-Motorized Transportation Improvements. TBD funded. Project #4: Granary Ave - Bloedel Avenue (Phase 1) Multimodal Arterial Improvements. (Roeder Avenue to Commercial Street) Funded. Project #5: Bloedel Avenue, Phase 2 Multimodal Arterial Improvements. (Commercial Street to Cornwall Avenue) Funded. City of Bellingham Regular City Council Meeting Page 3 of 11 6/1/2015  Project #6: James/Woodstock Intersection Safety Improvements. Funded. Project #7: Arctic Avenue Multimodel Arterial Connection (W. Bakerview to Mahogany). Funded. Project #8: Mahogany Avenue Multimodal Arterial Connection (Northwest Avenue to Pacific Highway). Funded. Project #9: West Maplewood Avenue Multimodal Corridor Improvements (Northwest Avenue to Alderwood Avenue). Unfunded. Project #10: James/Bakerview Intersection Safety Improvements. Unfunded. Project #11: Orchard Drive Multimodal Arterial & Bay to Baker Trail Connection Beneath I-5. Unfunded. Project #12: West Horton Road Multimodal Corridor Extension, Phase 1. Unfunded. Project #13: Cordata/Stuart Intersection Safety Improvements. Unfunded. Project #14: Boulevard Park to Cornwall Avenue Overwater Pedestrian Walkway. Unfunded. Project #15: West Bakerview/Interstate 5 New Northbound On-Ramp. Unfunded. Project #16: Northwest/W. Bakerview Intersection Safety Improvements (Northleg: W. Bakerview to Aldrich). Unfunded. Project #17: Aldrich Road Multimodal Safety Improvements (Mahogany Ave to West Horton Road). Unfunded. Project #18: James Street Multimodal Safety Improvements (East Orchard Drive to East Bakerview Road). Unfunded. Project #19: North James Street Multimodal Arterial Connection (Gooding Ave to Van Wyck Road). Unfunded. Project #20: Commercial Green Loop Multimodal Improvements (Bloedel Ave to Shoreline). Unfunded. Project #21: BNSF Railroad Quiet Zone (Upgrading at-grade street/rail crossings). Provided handout on the estimated cost for designating the area to a Quiet Zone. Unfunded. City of Bellingham Regular City Council Meeting Page 4 of 11 6/1/2015  Project #22: Northshore Drive Non-Motorized Improvements (Britton Road to City Limits). Unfunded. Public Works recommended that #22 be removed due to cost and transportation benefit. Council Member Murphy asked for clarification of the TIP and what it serves as. Mr. Comeau answered that the six year TIP is an annual document that shows the Public what the City intends to seek funding for and chooses to construct and develop in the future. Council President Gene Knutson opened the public hearing. Greg Hoffenbacker, spoke in support of Project #21, Quiet Zone. He provided a handout showing a graph with Decibel levels of train whistles and comments from his neighborhoods. Jack Petree made suggestions he believes would make the Urban Growth Area (UGA) plan functional. He said the Comprehensive Plan established in 1995 and formalized in the 1997 neglected to be in compliance with growth that was outlined in the earlier plan. Adequate housing is also an issue. He said people have to drive too far to work because they cannot afford to live within in Bellingham City Limits. The TIP does not address growth in the UGA. Rob Janicki spoke in support of the Aldrich Road (Project #17). He was involved with building the project on Aldrich Road. He believes there is still a portion that is wetlands and owned by an estate. Because of that, it is only able to be developed by the TIP. Wes Frysztacki spoke in support of Project #21, Quiet Zone. Charles Law presented items he would like added to the TIP for the Roosevelt Neighborhood. He provided slides that included areas he thought would benefit from Safe Routes to School crossings, traffic calming devices and speed bumps. Ali Taysi voiced support for Project # 21, Quiet Zone. Council Member Lilliquist commented that train whistles are getting louder. He also addressed the presentation that Mr. Law gave and suggested that the Roosevelt Neighborhood may be eligible for a smaller program, the National Traffic Safety Board (NTSB) program. He asked Ted Carlson if that program was still available. Ted Carlson, Public Works Director, reported the program has not been funded since 2009. He indicated that staff, as directed by Council, brought a proposal earlier in the City of Bellingham Regular City Council Meeting Page 5 of 11 6/1/2015  year for a traffic calming program. Staff will bring more information for consideration later in the year. Council Member Hammill asked for clarification on Project #6. He asked if, during the project, Squalicum Creek would be taken out of Sunset Pond or out of Bug Lake or both. Mr. Carlson answered that there is currently a bid out to reroute Squalicum Creek for this project. The creek needs to be rerouted first before anything else can move forward. Council Member Weiss redirected the attention back to the question of the NTSB funding. He asked Mr. Carlson if funding for neighborhood traffic calming came from the NTSB program (in the event it was reinstated), would we not use the TIP for traffic calming? Mr. Carlson responded that the NTSB has always been funded by the Street Fund. He suggested other programs could fund these traffic calming concerns. Council Member Weiss asked if it was his intent to put traffic calming programs on the TIP. Mr. Carlson answered that if Council wants to approve funding, those programs could be added. He stated he would need direction from Council to modify the budget. Council President Knutson closed the public hearing. There being no further comments, the public hearing was closed. The written record will remain open until a final decision, per Resolution #2013-09. This item will be brought back before Council on June 15th for further consideration. Council Member Weiss asked Mr. Carlson to bring information to the next meeting that shows alternative funding sources available for Quiet Zones. Specifically, he requested sources available that do not rely on TBD funding. Mr. Carlson responded that he would bring that material to the next Council Meeting. Public Works / Public Safety 20848 1. Community Paramedic Program Proposal Terry Bornemann/Roxanne Murphy moved to direct staff to prepare an ordinance. MOTION CARRIED 7-0. City of Bellingham Regular City Council Meeting Page 6 of 11 6/1/2015  20849 2. Downtown Bellingham Partnership Proposal for Parkade Vacancy at 1302 Commercial Street Terry Bornemann/Gene Knutson moved to approve Downtown Bellingham Partnership Proposal for Parkade Vacancy at 1302 Commercial Street. MOTION CARRIED 7-0 20850 3. Bid Award for the North End Regional Pond, Bid Number 24B-2015 Terry Bornemann/Roxanne Murphy moved to award Bid No. 24B-2015 for North End Regional Pond and Wetland Mitigation Site EV-0111 to Ram Construction of Bellingham, WA 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 $4,510,588.03, which includes any applicable WSST. MOTION CARRIED 7-0 20851 4. Bid Award for Eliza Avenue Sidewalk and Overlay, Project No. ES-0490, Bid No. 31B-2015 Terry Bornemann/Roxanne Murphy moved to award Bid No. 31B-2015 for Eliza Avenue Sidewalk and Overlay to Larry Brown Construction, Inc. of Bellingham 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 $490,455.45, which includes any applicable WSST. MOTION CARRIED 7-0 Planning 20812 1. Consideration of amendments to the Samish Neighborhood Plan and Bellingham Municipal Code to create Area 1A in the Samish Neighborhood with a Commercial land use designation and a Commercial, Planned zoning designation "AN ORDINANCE OF THE CITY OF BELLINGHAM, WA COMPREHENSIVE PLAN AND ZONING, SPECIFICALLY AMENDING THE SAMISH NEIGHBORHOOD BY CREATING A NEW SUBAREA, AREA 1A, AND AMENDING SECTION 20.00.150 OF THE BELLINGHAM MUNICIPAL CODE TO CREATE A NEW SUBAREA, AREA 1A." Jack Weiss/Roxanne Murphy moved approval for first and second reading. MOTION CARRIED 7-0 Council Member Lilliquist commended the effort of George Sander's presentation for tree saving in the area. He asked the applicant to do the right thing with regard to the trees. City of Bellingham Regular City Council Meeting Page 7 of 11 6/1/2015  Parks and Recreation 20852 1. Rejection of All Bids for Cordata Trail to Elementary School, Bid Number 25B-2015 Roxanne Murphy/Terry Bornemann moved approval to reject all bids for Cordata Trail to Elementary School, Bid Number 25B-2015. MOTION CARRIED 7-0 Community and Economic Development 20788 1. Incentives for targeted development forms Michael Lilliquist/Jack Weiss moved approval for Targeted Development Forms and City-Wide Economic Incentives contingent upon the ADU ordinance being revisited before ADU incentives are considered. MOTION CARRIED 7-0 Council Member Bornemann provided clarification that approval is not contingent on Council working on the ADU ordinance but rather, Council will consider approval after the ordinance has been worked on by staff. Committee Of The Whole 1. Approval of Minutes Gene Knutson/Terry Bornemann moved to approve for first and second reading. Jack moved to approve the minutes with corrections to the meeting minutes, Executive Session, item 2, to change the vote to a NO vote. Alan Marriner provided legal council on this issue and advised that it will not affect the outcome of the item. Gene Knutson/Terry Bornemann moved approval of the May 18th minutes of the regular City Council meeting as corrected. MOTION CARRIED 7-0 2. Old/New Business Council Member Bornemann expressed his concern that Council asked staff to bring back responses from Jack Louws, County Executive, so that Council could formulate opinions with regard to the proposed jail. He expected those responses at this meeting and would like the reports before the next Council meeting. Mayor Linville City of Bellingham Regular City Council Meeting Page 8 of 11 6/1/2015  addressed that the staff is putting together a list of core concerns. A packet addressing concerns will be provided before the next meeting. Council Member Bornemann commended the York Neighborhood citizens in their opposition of the houses being built. Rick Sepler addressed the Council and assured Council of the Planning Department's review of the project earlier in the day. He reported no permits will be issued until all parties are in compliance. Council Member Murphy shared a story of friend who had a high utility bill and asked for help. She is grateful that the Opportunity Council is available to help. Council Member Vargas attended the Department of Energy's Better Building Summit in Washington D.C. She met with Georgetown University's Energy Prize representatives and believes Bellingham will do very well with regard to prize eligibility. Council Member Weiss would like the Council to look at single family design standards to ensure good contributions will be made to the character of the neighborhood and catch potential problems. He asked the Council if they'd be interested in discussing at next week's retreat or next year. Executive Session-Report and Action only 1. Potential Litigation (Marriner, approx. 10 min) Direction given. No action taken. 2. Labor Relations (Ruffatto, approx. 10 min) Terry Bornemann/Dan Hammill moved to approve the agreement with the following general terms: Wages:  1% January 1, 2013  2% January 1, 2014  2% January 1, 2015  3% January 1, 2016 Benefits: The 2015 employer and employee contributions will remain the same as implemented on January 1, 2015. The employer contribution for 2016 is capped at a 5% increase above the 2015 employer contribution for Group Health. MOTION CARRIED 7-0 City of Bellingham Regular City Council Meeting Page 9 of 11 6/1/2015  Mayor's Report Standing time for briefings, updates and reports to Council by the Mayor, if needed. Information only. Mayor Linville reported she attended the Annual Boards and Commission Appreciation Reception in the Federal Building and was impressed with the character of the building. Public Works staff is expected to move to the Federal Building in the fall. She also reported that she attended AWC's Large City Advisory Committee at SeaTac last week. In addition to that committee, Brian Heinrich is on the Operation Strong City Advisory Committee, which is the staff portion of the Mayor's committee. As initiatives come through legislation, she will report to Council. 20853 1. Mayor's Reappointment of Peter Border to the Museum Foundation Board (Approval) Terry Bornemann/Roxanne Murphy moved to approve the Mayor's reappointment of Peter Border term ending June 18th, 2018. MOTION CARRIED 7-0 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. 20854 1. Approve Amendment #2 to the original 2006 Interlocal Agreement to continue Lake Whatcom Management Program Tributary Monitoring Project through May 31, 2017 20855 2. Authorization of Payroll labor cost payments dated May 9, 2015 - May 22, 2015 20856 3. Authorization of A/P checks issued May 15, 2015 20857 4. Authorization of A/P checks issued May 22, 2015 Roxanne Murphy/Michael Lilliquist moved approval of the Consent Agenda in its entirety. MOTION CARRIED 7-0 City of Bellingham Regular City Council Meeting Page 10 of 11 6/1/2015  There being no further business, the meeting adjourned at 9:10 p.m. Gene Knutson, Council President ATTEST: Elisabeth A. Oakes, City Clerk Representative APPROVED: June 15, 2015 City of Bellingham Regular City Council Meeting Page 11 of 11 6/1/2015