City Council - Regular Meeting

City of Bellingham City Council Regular Meeting Minutes 07/27/2015, 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. The following items are heard in the Regular Meeting only: Call to Order The meeting was called to order by Council President Knutson at 7:00 p.m. The meeting was opened with a moment of silence to honor Dennis Lane, President of Whatcom Community Television and Communications (WCTC), who recently passed. Announcements & Upcoming Meetings: Bellingham City Council meets all requirements of the State of Washington Open Meetings Act. Pledge of Allegiance Led by Bob and Barbara Harnell 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 7/27/2015  15-Minute Public Comment Period James, informed Council about his struggles to obtain housing and the systemic contributions to homelessness in Bellingham. Frank Youngblood, requested the Council direct staff to improve the area along Indian Street, which will soon be renamed to Billy Frank, Jr. Street. Judy Collins, provided the Council with a map of her property to demonstrate her proximity to City water. She requested the Council include her property in the Urban Growth Area. Anne Mackie, of the York Neighborhood Association, submitted 61 signatures of a petition to support design guidelines in her neighborhood. Tom Slocum, of the Greenways Advisory Committee, urged the Council to delay voting on the Greenways IV Levy until next year so the committee can review its purpose and plan of creating parks and greenways. Sara Sutton, petitioned Council to look into preserving Bellingham's access to organically grown marijuana for Medical Marijuana patients. She stated the recent State Senate Bill 5052 would make it hard to regulate non-organically grown marijuana and compromise the immune system of sick patients. Wendy Harris, asked the Council to have a conversation about adopted policies concerning the Whatcom Lake watershed. Kay Sardo, thanked the Council for acknowledging her life partner, Dennis Lane, and the work that he did in the community as well as the careful consideration of alternatives to incarceration. Public Hearing 20898 1. Consideration of New 20-Year Population and Employment Growth Forecasts and Potential Changes to Bellingham's Urban Growth Boundary Greg Aucutt, Assistant Planning Director, gave a presentation on a 20 year population and employment growth forecast and potential changes to the Bellingham Urban Growth Boundary before the public hearing. City of Bellingham Regular City Council Meeting Page 2 of 11 7/27/2015  He outlined four alternatives which includes the City's adopted plan. Staff's recommendation was Alternative A or B. The Planning Commission recommended Alternative D. The City makes a recommendation. All final decisions are made by Whatcom County. Council President Knutson opened the public hearing. Mary Anne Rangel, urged the Council to recommend a low population growth forecast to the County. Linda Twitchell, representing the Building Industry Association of Whatcom County, asked the Council to ask the question of whether or not they want Bellingham to remain the urban center of Whatcom County. John Lesow, served on the Whatcom County Planning Commission from 2004 -2012 and advocates for a low population growth forecast. He gave a formula to project the population growth that Skagit County used in 2004 and recommends the City use the same formula. He felt that formula was almost identical and accurate. Anne Mackie, requested the Council adopt the projection of a low population growth plan. Mary Kay Robinson, real estate agent in Bellingham, spoke about a need for housing and more affordability to citizens that work in Bellingham who want the option to buy a home in Bellingham. Eric Scott, feels Bellingham has reached its population capacity and advocates for the low population growth forecast. Roger Almskaar, former Whatcom County Planner and a current Land Use Consultant, pointed out that there are 13 goals of the Growth Management Act. He stressed those goals include affordable housing, economic development, permit process and property rights. He supports development of buildable lots for affordable housing. He referenced a letter he submitted to Council for review. Donna Macomber, spoke against the Caitac planning area for the northern UGA. She does not want her street, West Larson Road, to be included in the UGA. JoAnn Roe, spoke in favor of the Caitac property being added to the UGA. City of Bellingham Regular City Council Meeting Page 3 of 11 7/27/2015  Christopher Grannis, asked the Council to adopt the low growth forecast plan. He outlined reasons that included a financial burden to the City. Keith Howard, spoke in support of adding the Caitac area in reserve to the UGA. Jack Petrie, spoke about his memo he submitted to Council last Friday. He outlined points for growth from an advocacy group called Smart Growth America. He felt those points provide direction and guidelines for growth within cities that enhance the quality of life for its citizens. He spoke in favor of the Planning Commission's recommendation. Wendy Harris, spoke about the need for biodiversity and the eco-system services that that biodiversity provides. She would like to see biodiversity issues considered in the planning of our UGA. Mimi Osterdahl, real estate agent in Bellingham, spoke in favor of affordable housing and the need to plan for more housing. Cal Leenstra, a real estate broker, spoke in favor of the high growth population forecast. He feels there is a shortage of housing. Darcy Jones, representing Caitac USA, in regard to their property, he referred to as South Caitac, and spoke in favor of Alternative D. John McLaughlin, conveyed he felt the recommendations were not accurate and the consultants were wrong. Pat Hammell, spoke in favor of the lower projections for the Population Growth Forecast and urged Council to direct staff to exclude West Larson Road from the UGA. Dan McShane, discussed potential impacts to the Lake Padden watershed should that area be included in the UGA. Clayton Petree, spoke in favor of the S. Yew Street Reserve and Alternative D. Richard Conoboy, asked the Council to consider the lowest population forecast model. Bob Carmichael, on behalf of Caitac, stated he is in favor of the high growth rate because it is a long process to bring houses to the market and the planning process includes annexation. He reiterated that the process is long and arduous. Public Hearing closed. City of Bellingham Regular City Council Meeting Page 4 of 11 7/27/2015  Public comment continued after the public hearings. PUBLIC COMMENT REOPENED Warren Levine, conveyed to Council that he would like to continue to have access to organically grown marijuana that was prescribed to him for pain management. Because of Senate Bill 5052 he fears his access to organically grown marijuana will be limited. He requested Council provide provisions within City limits to access to organic marijuana. Planning 20899 1. New Construction and Character Issues in Historic Residential Districts Committee recommended two phases of draft regulations. Jack Weiss/Terry Bornemann moved to recommend adding Phase 1 standards to the 2016 Planning Department Work Plan. MOTION CARRIED 7-0. Public Works / Public Safety 20900 1. Bid Award for Carl Cozier Safe Routes to School, Project No. ES-0477, Bid No 14B-2015 Terry Bornemann/Dan Hammill moved to award Bid No. 14B-2015 for Carl Cozier Safe Routes to School to Bianchi Construction of Mt. Vernon 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 $332,625.45, which includes any applicable WSST. MOTION CARRIED 7-0. Parks and Recreation 20901 1. Greenways IV Levy A RESOLUTION PROVIDING FOR THE SUBMISSION TO THE QUALIFIED ELECTORS OF THE CITY OF BELLINGHAM AT AN ELECTION TO BE HELD ON NOVEMBER 3, 2015, OF A PROPOSITION AUTHORIZING THE CITY TO INCREASE ITS REGULAR PROPERTY TAX LEVY ABOVE THE LIMIT ESTABLISHED IN RCW 84.55.010 TO FUND THE DEVELOPMENT, City of Bellingham Regular City Council Meeting Page 5 of 11 7/27/2015  ACQUISITION, AND MAINTENANCE OF GREENWAYS, OPEN SPACE, PARKS, AND TRAILS Council concluded to discuss further. Committee will decide at a later date to add the levy to the ballot in 2016. 20902 2. Repurpose the Locomotive at Bloedel Donovan Park Roxanne Murphy/Dan Hammill moved to recommend staff work with the proposal from the Northwest Railway Museum. MOTION CARRIED 7-0. Finance and Personnel 20903 1. 911 Phone System Purchase Information only. 20904 2. AN ORDINANCE AMENDING THE 2015/2016 ADOPTED BUDGET, APPROPRIATING $35,000.00 FROM ESTIMATED ENDING RESTRICTED RESERVES IN THE LIBRARY GIFT FUND FOR THE PURCHASE OF DIGITAL MEDIA, STAFF DEVELOPMENT AND SUMMER READING SOFTWARE Pinky Vargas/Michael Lilliquist moved approval for first and second reading. MOTION CARRIED 7-0. Lake Whatcom Reservoir and Natural Resources 20905 1. Aquatic Invasive Species Prevention Program Information only 20906 2. Interlocal Agreement Between the City of Bellingham and Whatcom County to Finance the 2015 Aquatic Invasive Species (AIS) Boat Inspection Program Mixed recommendation of approval of the Interlocal Agreement. Dan Hammill/Pinky Vargas moved approval of the Interlocal Agreement. MOTION CARRIED 5-2. Jack Weiss/Terry Bornemann opposed. City of Bellingham Regular City Council Meeting Page 6 of 11 7/27/2015  20907 3. Interlocal Agreement Between the City of Bellingham and Lake Whatcom Water and Sewer District to Finance the 2015 Aquatic Invasive Species (AIS) Boat Inspection Program Mixed recommendation of approval of the Interlocal Agreement. Dan Hammill/Pinky Vargas moved approval of the Interlocal Agreement. MOTION CARRIED 5-2. Jack Weiss/Terry Bornemann opposed. 20908 4. Report from the July 13, 2015, Lake Whatcom Policy Group Meeting information only Committee Of The Whole 20909 1. 2015 State Legislative Briefing Information only. 20910 2. Technology Update Report Information only. 20911 3. A RESOLUTION AFFIRMING THE ESTABLISHMENT OF THE INCARCERATION AND REDUCTION TASK FORCE AND ITS GOALS AS ADOPTED BY THE WHATCOM COUNTY COUNCIL AND PROPOSING AMENDMENTS TO THE ORDINANCE REQUESTING THE ESTABLISHMENT OF ALTERNATIVES FUNDED WITH EXISTING REVENUES, THE ESTABLISHMENT OF AN EXPANDED INTERIM TRIAGE FACILITY, ESTABLISHES THE IMMEDIATE USE OF EXISTING ALTERNATIVES AT NO COST TO CITIES, AND THE DESIGNATION OF THE MAYOR OF BELLINGHAM AS A PERMANENT MEMBER OF THE INCARCERATION AND REDUCTION TASK FORCE No action was taken by Council. 20912 4. Update on Negotiations with Caitac USA Corp. ("Caitac") Regarding the Development of its E8/E9 Subdivision in the Cordata PUD City of Bellingham Regular City Council Meeting Page 7 of 11 7/27/2015  Michael Lilliquist/Dan Hammill moved to recommend scheduling a public hearing. MOTION CARRIED 7-0. 5. Approval of Minutes Michael Lilliquist/Dan Hammill moved approval of the July 6, 2015 minutes of the regular City Council meeting as submitted. MOTION CARRIED 7-0. 6. Old/New Business Roxanne Murphy reported the unintended effects of homeowners selling their rentals due to the Rental Registration program. Roxanne heard from a resident that is being forced to move because her landlord is selling the property she rents. Dan Hammill thanked the Police, Public Works and Parks departments for the opportunity to ride-along and provide clean-up of homeless camps in Bellingham. He thanked the Fire Department for allowing him to ride-along Engine Company 3 on July 7th. Dan also thanked the volunteers who helped with Project Homeless Connect on July 24th. There were 180 volunteers and 50 service providers at the event that took place at Bellingham High School. Pinky Vargas reported Whatcom County and the Tourism Commission had an agency perform a tourism evaluation in the surrounding area. The agency went throughout the county and made suggestions on way finding and connections to other cities. There will be a slide presentation available soon to view at www.bellingham.org Terry Bornemann/Roxanne Murphy moved to recommend scheduling a public hearing to discuss the County's Charter. MOTION CARRIED 7-0. Jack Weiss/Michael Lilliquist moved to request the staff draft a resolution that states Council policy requires the Aquatic Invasive Species Boat Inspection Program include 45% cost recovery in 2016 and 60% cost recovery in 2017 and be submitted for review at an August 2015 meeting. MOTION CARRIED 7-0. Executive Session 1. Potential Litigation (Marriner, approx. 15 min) Information only. No action taken. City of Bellingham Regular City Council Meeting Page 8 of 11 7/27/2015  2. Litigation Update (Stamps, approx. 5 min) City of Bellingham v. Sang T. Yi, et al- Whatcom County Superior Court No. 14-2-02670-2 and Sang T. Yi, et al v. City of Bellingham - Washington State Court of Appeals Division 1, No. 73136-0-1: Staff provided an update on this condemnation action filed by the City of Bellingham to acquire the Aloha Motel property pursuant to Washington's Condemnation of Blighted Properties Act. Terry Bornemann/Michael Lilliquist moved to authorize the Mayor to execute a settlement agreement with the following terms: a) The City will pay to the Yis the sum of $1,588,512.00 as just compensation for the Aloha Motel property located at 301 and 315 N. Samish Way, Bellingham, Washington; b) The Parties will dismiss the pending lawsuit and appeal with prejudice and without an award of attorney's fees or costs. Closing is expected to occur on September 1, 2015. MOTION CARRIED 7-0. 3. Potential Property Acquisition Information only. No action taken. Mayor's Report Standing time for briefings, updates and reports to Council by the Mayor, if needed. Information only. 20913 1. Mayor's Appointment of Katie Stephens and Eric Scott to the Parks & Recreation Advisory Board (Information) Information only. 20914 2. Mayor's Appointment of Ken Levinson to the Bellingham-Whatcom County Commission on Domestic Violence (Information) Information only. 20915 3. Mayor's Reappointment of Jim Gebhardt to the Public Works Advisory Board (Information) Information only. 20916 4. Mayor's Appointment of Lori Clough to the Museum Foundation Board (Approval) City of Bellingham Regular City Council Meeting Page 9 of 11 7/27/2015  Michael Lilliquist/Roxanne Murphy moved to approve the Mayor's appointment of Lori Clough to the Museum Foundation Board. 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. 20917 1. Bid Award for City Hall Fire Alarm Upgrades - Bid Number 29B-2015 20918 2. Bid Award for Yew Street Sidewalk and Water Main Replacement, Project No. ES-0510, Bid No. 44B-2015 20919 3. Authorization of Payroll labor cost payments dated June 26, 2015 - July 10, 2015 20920 4. Authorization of A/P checks issued July 10, 2015 20921 5. Authorization of A/P checks issued July 17, 2015 Roxanne Murphy/Terry Bornemann moved approval of July 27, 2015 Consent Agenda in its entirety. MOTION CARRIED 7-0. Final Consideration of Ordinances 20879 1. Budget Amendment for the 2015-2016 Budget Re-appropriating $1,313,000 for Public Works Expenditures AN ORDINANCE AMENDING THE 2015/2016 ADOPTED BUDGET APPROPRIATING $1,313,000.00 IN PUBLIC WORKS EXPENDITURES FROM ESTIMATED ENDING RESERVES IN THE STREET, WASTEWATER AND FACILITIES ADMINISTRATION FUNDS FOR PROJECTS, GOODS AND SERVICES THAT WERE INADVERTENTLY OMITTED FROM THE 2015 REAPPROPRIATION ORDINANCE 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: City of Bellingham Regular City Council Meeting Page 10 of 11 7/27/2015  MOTION CARRIED and was thereafter named Ordinance #2015-07-031 20892 2. Budget Amendment for the Appropriation of TIB Grant Funds in the Amount of $60,000 for the Yew St. Sidewalks, Texas to Alabama Project ES-0510 AN ORDINANCE AMENDING THE 2015/2016 ADOPTED BUDGET, INCREASING REVENUE IN THE STREET FUND BY $60,000.00 AS A RESULT OF A STATE OF WASHINGTON TRANSPORTATION IMPROVEMENT BOARD GRANT, AND APPROPRIATING $60,000.00 IN RELATED EXPENDITURES 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: MOTION CARRIED and was thereafter named Ordinance #2015-07-032 Adjournment There being no further business, the meeting adjourned at 9:45 p.m. Next City Council Meeting 08/10/2015 ___________________________________________ Gene Knutson, Council President ____________________________________________ ATTEST: Elisabeth A. Oakes, City Clerk Representative APPROVED: 8/10/2015 City of Bellingham Regular City Council Meeting Page 11 of 11 7/27/2015