City Council - Regular Meeting

City of Bellingham City Council Regular Meeting Minutes 11/16/2015, 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. Announcements & Upcoming Meetings: Bellingham City Council meets all requirements of the State of Washington Open Public Meetings Act. Pledge of Allegiance Led by Council President Knutson 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 No public comment was given. Presentation 21045 1. Semi-annual Hearing Examiner's Report Information only. City of Bellingham Regular City Council Meeting Page 1 of 7 11/16/2015  Public Hearing 21046 1. Public Hearing on the City of Bellingham's 2015-2016 Mid-biennial Budget Modifications Brian Henshaw, Finance Director, gave a presentation on the budget modifications. Council President Knutson opened the public hearing. Craig Jewell, co-owner of the Wild Buffalo House and Music, requested Council consider a tax exemption for admission tax (currently at 5%) for small music venues. He stated that the City of Seattle currently has this exemption to incentivize local music performances. He suggested it would be helpful if Bellingham had a similar exemption. There being no further comments, the public hearing was closed. The written record will remain open until December 6, 2015, per Resolution #2013-09. 21047 2. A Request From the Bellingham School District (BSD) for an Emergency Amendment to the Bellingham Comprehensive Plan to Incorporate by Reference the District's New Six-year Capital Facilities Plan (CFP) AN ORDINANCE OF THE CITY OF BELLINGHAM UPDATING THE PUBLIC SCHOOL FACILITY SECTION OF THE CAPITAL FACILITIES CHAPTER OF THE BELLINGHAM COMPREHENSIVE PLAN TO INCORPORATE BY REFERENCE THE BELLINGHAM SCHOOL DISTRICT'S 2015-2021 CAPITAL FACILITIES PLAN AND UPDATING BELLINGHAM'S SCHOOL IMPACT FEE ORDINANCE IN BELLINGHAM MUNICIPAL CODE (BMC) 19.08 TO BE CONSISTENT WITH THE DISTRICT'S NEW CFP Moshe Quinn, Planner II, gave a presentation. Council President Knutson opened the public hearing. Fred Wagner, commented on behalf of the Northwest Chapter of American Institute of Architects (AIA), about the study that they performed on school impact fees. He felt the impact fees are very helpful. Council President Knutson referred the ordinance back to committee for further discussion. There being no further comments, the public hearing closed. The written record will remain open per Resolution #2013-09. City of Bellingham Regular City Council Meeting Page 2 of 7 11/16/2015  21048 3. Public Hearing to Consider Amendments to BMC 17.82 Regarding Multi-Family Tax Exemption AN ORDINANCE AMENDING BELLINGHAM MUNICIPAL CODE CHAPTER 17.82 TO ADD TARGET AREA 4, FAIRHAVEN URBAN VILLAGE AND TARGET AREA 5, BARKLEY VILLAGE AND TO REVISE REQUIREMENTS FOR 12-YEAR EXEMPTIONS FOR AFFORDABLE LOW-INCOME HOUSING David Stalheim, Block Grant Programs Manager, presented amendments to the proposed ordinance. Council President Knutson opened the public hearing. Fred Wagner, represented the Northwest Chapter of the American Institute of Architects (AIA), reported that the AIA considers the incentives to be useful to builders of multi-family and low income dwellings. However, he felt the the provision in the ordinance to protect historic buildings may hinder development in areas that could otherwise be suitable for development. Peter Nygren, expressed he would like more information on how this ordinance would affect his neighborhood. Michael Lilliquist moved to amend the ordinance to remove the Donovan Ave area of the Fairhaven district from the proposed ordinance. Motion failed 1-6. Terry Bornemann/Michael Lilliquist moved to send the ordinance back to committee for further discussion. MOTION CARRIED 7-0. There being no further comments, the public hearing closed. The written record will remain open until December 7, 2015, per Resolution #2013-09. Community and Economic Development 21049 1. An Ordinance Establishing an Infill Incentive Program Reducing System Development Charges and Permit Fees for Qualifying Projects in Targeted Urban Villages and Amending Titles 14, 15 and 20 of the Bellingham Municipal Code AN ORDINANCE ESTABLISHING AN INFILL INCENTIVE PROGRAM REDUCING SYSTEM DEVELOPMENT CHARGES AND PERMIT FEES FOR QUALIFYING PROJECTS IN TARGETED URBAN VILLAGES AND AMENDING TITLES 14, 15, AND 20 OF THE BELLINGHAM MUNICIPAL CODE City of Bellingham Regular City Council Meeting Page 3 of 7 11/16/2015  Michael Lilliquist/Pinky Vargas moved approval for first and second reading. MOTION CARRIED 7-0. 21050 2. An Ordinance Amending Chapter 6.04 of the Bellingham Municipal Code to Establish a Phased Business & Occupations Tax Credit to Incentivize Persons to Open New Businesses or New Branch Locations in Targeted Urban Villages AN ORDINANCE AMENDING CHAPTER 6.04 OF THE BELLINGHAM MUNCIPAL CODE TO ESTABLISH A PHASED BUSINESS AND OCCUPATIONS TAX CREDIT TO INCENTIVIZE PERSONS TO OPEN NEW BUSINESSES OR NEW BRANCH LOCATIONS IN TARGETED URBAN VILLAGES Terry Bornemann/Pinky Vargas moved approval for first and second reading. MOTION CARRIED 6-1. Michael Lilliquist opposed. Committee Of The Whole 1. Approval of Minutes Michael Lilliquist/Dan Hammill moved approval of the November 9, 2015, minutes of the regular City Council meeting as submitted. MOTION CARRIED 6-0. (Roxanne Murphy excused.) 2. Old/New Business None. 21051 3. Work Session on the 2016 Supplemental Budget Modifications Information only. Executive Session - Report and Action only. 1. Potential Litigation: Claim No. 2015-41 Staff provided information on a potential litigation matter. Dan Hammill/Pinky Vargas moved to authorize the Mayor to enter into a settlement agreement with the following terms: resolution of claim number 2015-41 for the City of Bellingham Regular City Council Meeting Page 4 of 7 11/16/2015  payment of $16,723.14 to the claimant for damages relating to a sewer connection. MOTION CARRIED 6-0 (Roxanne Murphy excused). 2. Potential Property Acquisition Staff provided information on a potential property acquisition. Direction given. No action taken. Mayor's Report Standing time for briefings, updates and reports to Council by the Mayor, if needed. Information only. Mayor Linville reported that the City's new website has launched. The website is designed to be more mobile user friendly, have more robust search tools and better content. The Mayor also announced that the City is collecting food for the local food bank. Donations are being accepted in the lobby of City Hall. 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. 21052 1. Consideration of Final Plat Approval for Division 2B on the Highlands Preliminary Plat, Phase 2 RES. #2015-26 "A RESOLUTION GRANTING FINAL PLAT APPROVAL FOR DIVISION 2B OF THE HIGHLANDS PRELIMINARY PLAT, PHASE 2, CONSISTING OF 9 SINGLE-FAMILY DETACHED LOTS, LOCATED IN AREA 8, WHATCOM FALLS NEIGHBORHOOD, GENERALLY LOCATED ON WESTCOTT STREET, SOUTH OF LOPEZ STREET." 21053 2. Authorization of A/P checks issued November 6, 2015 Roxanne Murphy/Michael Lilliquist moved approval of the Consent Agenda in its entirety. MOTION CARRIED 7-0. Final Consideration of Ordinances 21010 1. Consideration of the E. Bakerview Road / Mt. Baker Highway Annexation City of Bellingham Regular City Council Meeting Page 5 of 7 11/16/2015  AN ORDINANCE RELATING TO THE ANNEXATION OF APPROXIMATELY 163.5 ACRES OF UNINCORPORATED PROPERTY LOCATED ADJACENT TO THE NORTHERN BOUNDARY OF THE BELLINGHAM CITY LIMITS AND COMMONLY KNOWN AS THE E. BAKERVIEW ROAD/MT. BAKER HIGHWAY ANNEXATION; ASSIGNING CITY LAND USE AND ZONING DESIGINATIONS AND ESTABLISHING AN EFFECTIVE DATE Terry Bornemann/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 #2015-11-044. 21029 2. Proposed Ordinance for a Smoking Ban in City Parks AN ORDINANCE OF THE CITY OF BELLINGHAM AMENDING CHAPTER 8.16 OF THE BELLINGHAM MUNICIPAL CODE, SMOKING IN PUBLIC PLACES, TO INCLUDE PARKS AND TRAILS AND TO INCLUDE ELECTRONIC SMOKING DEVICES. Jack Weiss/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: BORNEMANN EXCUSED: MOTION CARRIED 6-1 and was thereafter named Ordinance #2015-11-045. 21033 3. 2016 Property Tax Levy Ordinance AN ORDINANCE OF THE CITY OF BELLINGHAM, WASHINGTON RELATING TO THE LEVYING OF TAXES AND ESTABLISHING THE AMOUNT TO BE RAISED IN 2016 ON THE ASSESSED VALUATION OF THE PROPERTY WITHIN THE CITY Terry Bornemann/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: City of Bellingham Regular City Council Meeting Page 6 of 7 11/16/2015  AYES: BORNEMANN, HAMMILL, KNUTSON, LILLIQUIST, MURPHY, VARGAS, WEISS NAYS: EXCUSED: MOTION CARRIED and was thereafter named Ordinance #2015-11-046. Adjournment There being no further business, the meeting adjourned at 8:10 p.m. ___________________________________________ Gene Knutson, Council President ___________________________________________ ATTEST: Elisabeth A. Oakes, City Clerk Representative APPROVED: 12/07/2015 City of Bellingham Regular City Council Meeting Page 7 of 7 11/16/2015