City Council - Regular Meeting

City of Bellingham City Council Regular Meeting Minutes 02/08/2016, 7:00 PM Mayor Kelli Linville Contact: (360) 778-8200, ccmail@cob.org Council Members April Barker, 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 Vargas at 7:00 p.m. Announcements & Upcoming Meetings: On Monday, February 22, 2016, there will be a Public Hearing at 7:00 PM in Council Chambers to consider a redevelopment proposal for 315 West Holly Street. Bellingham City Council meets all requirements of the State of Washington Open Meetings Act. Pledge of Allegiance Led by Greg Winters. Roll Call Present: April Barker, 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 Rick Hannam, recited a political poem. Andy Metzler, representing Your Cab Company, spoke against the new ordinance that regulates Transportation Network Companies (TNC). He pointed out that the ordinance requires TNCs to arrange services through their digital network. He City of Bellingham Regular City Council Meeting Page 1 of 8 2/8/2016  reported that TNCs are distributing business cards and advertising on social media sites. He feels that those actions have violated the rules of advertising set forth in the ordinance. Elizabeth Kilanowski, spoke in support of the Planned Parenthood Resolution. {AB #21135} Caleb Sanders, President of the Mt. Baker Planned Parenthood Board of Directors, described services they provide. He emphasized the need for safe access for staff and patients to the clinic. {AB #21135} Russ Sapienza, spoke against the Planned Parenthood Resolution. He relayed a history of Planned Parenthood and feels their intent was to limit the size of poor, minority families. He explained that women are hurt by their services and they do more harm than good. {AB #21135} Gordon Durham, reported that in the past few months, there have been a lot of break- ins and car prowls in the Cornwall neighborhood. He appreciates the work the Police department has done to help. He would welcome more support from Council and the City for safety in his neighborhood. Public Hearing 21134 1. Public Hearing on a Redevelopment Proposal for the Real Property Located at 301 & 315 N. Samish Way Darby Cowles, Senior Planner, gave a presentation on the Redevelopment Proposal that was submitted to the City by the Bellingham Housing Authority. Council President Vargas opened the public hearing. Paul Moore, relayed his positive experience with the Housing Authority and encouraged the Council to authorize the contract for redevelopment of the N. Samish Way property. McKenzie Dent, Associated Students Local Issues Coordinator at WWU, affirmed the Associated Students support for the redevelopment project of the old Aloha Motel site on N. Samish Way. James Molyneux - Elliot, student at WWU, voiced his support for the redevelopment of the Aloha Motel site. City of Bellingham Regular City Council Meeting Page 2 of 8 2/8/2016  Griffin Crisp, Associated Students Engaged Programs Director and student at WWU, spoke in support of the redevelopment of the property along N. Samish Way. Lisa Anderson, spoke on behalf of the York Neighborhood Board, expressed support for the plan for redevelopment. She noted that it will provide much needed affordable housing options along with the urban village and a good parking plan is appreciated. She cautioned that with added residential units along N. Samish Way, the speed limit should be lowered. Tim Hostetler, Vice President of the Sehome Neighborhood Board, addressed a packet that he presented to Council. The packet was full of comments from neighbors in the neighborhood. He expressed their support of the redevelopment plan. He also recounted what a redevelopment consultant reported about the traffic on Samish Way; the area used to be a state highway and felt it would need to be revised. Greg Winter, Executive Director of Opportunity Council, emphasized how well the Bellingham Housing Authority develops sites and the excellent work they do in the community. He feels this proposal from the Housing Authority is a well thought out plan and will help revitalize the area along Samish Way. He advised that the City will need traffic calming strategies to make traffic safer as the plan is further developed. Sterling Fisher, warned that traffic will increase along N. Samish Way. He warned that it is already heavily travelled and the existing apartment construction is going to cause more traffic on the road. He predicted the area is going to have a lot more congestion if a plan to accommodate the increase in traffic is not implemented. Krister Fast, hopes stores other than minimarts and convenience shops will be given first consideration for the retail portion of the redevelopment project. He feels thoughtful retail shops will help raise the community environment. He warned of traffic bottle necking if a plan is not implemented to calm the flow. There being no further comments, the public hearing was closed. Terry Bornemann / Pinky Vargas moved to approve authorization of the contract for the Redevelopment Proposal from the Bellingham Housing Authority. MOTION CARRIED 7-0. Public Works / Public Safety 21135 1. Resolution Regarding the Safety of Planned Parenthood Patients, Staff and Facilities City of Bellingham Regular City Council Meeting Page 3 of 8 2/8/2016  RESOLUTION REGARDING THE SAFETY OF PLANNED PARENTHOOD PATIENTS, STAFF, AND FACILITIES Terry Bornemann / Dan Hammill moved final approval of Resolution #2016-04. MOTION CARRIED 7-0. Parks and Recreation 21136 1. Project Update on Squalicum Corridor - Bay to Baker Trail Information only. Committee Of The Whole 21137 1. Review of the Planning and Community Development Department's 2016 Key Initiatives Information only. 21138 2. Extension and Renewal of Emergency Ordinance Creating Interim Zoning for the Establishment of Facilities Producing, Processing and Retailing Recreational Marijuana AN ORDINANCE OF THE CITY OF BELLINGHAM, WASHINGTON, RELATING TO LAND USE AND ZONING; DECLARING AN EMERGENCY; ADOPTING AND RENEWING INTERIM ZONING REGULATIONS FOR THE SITING, ESTABLISHMENT, AND OPERATION OF ANY STRUCTURES OR USES RELATING TO THE PRODUCTION, PROCESSING, OR RETAILING OF RECREATIONAL MARIJUANA (SPECIFICALLY EXCLUDING MEDICAL MARIJUANA OR MEDICAL CANNABIS); AND SETTING SIX MONTHS AS THE EFFECTIVE PERIOD OF THE INTERIM ZONING TO ALLOW CITIZENS TO APPLY FOR LICENSES FROM THE WASHINGTON STATE LIQUOR AND CANNABIS BOARD TO PRODUCE, PROCESS, OR RETAIL RECREATIONAL MARIJUANA IN THE CITY WHILE THE CITY STUDIES THE LAND USE IMPACTS OF SUCH USES. Gene Knutson / Terry Bornemann moved approval of the ordinance. MOTION CARRIED 7-0 and was thereafter named Emergency Ordinance #2016-02-004. Brian Heinrich addressed Council Member Barker's question in regard to revenue the City of Bellingham receives from marijuana sales. He reported that the City should receive approximately $102,000.00 from the sales of liquor and marijuana sales as well as B & O taxes and sales tax revenue in the coming year. City of Bellingham Regular City Council Meeting Page 4 of 8 2/8/2016  21139 3. Authorize the Mayor to Enter into a Modification to the Interlocal Agreement for Facilities within the Waterfront District Between the Port of Bellingham and the City of Bellingham Dan Hammill / Terry Bornemann moved to authorize the Mayor to enter into a Modification of the Interlocal Agreement for Facilities within the Waterfront District between the Port of Bellingham and the City of Bellingham. MOTION CARRIED 7-0. 21140 4. A Resolution Authorizing the Mayor to Submit an Application Requesting Funding from Whatcom County's Economic Development Investment (EDI) Program to Partially Fund the Construction of Arterial Streets in the Waterfront District A RESOLUTION AUTHORIZING THE MAYOR TO SUBMIT AN APPLICATION REQUESTING FUNDING FROM WHATCOM COUNTY'S ECONOMIC DEVELOPMENT INVESTMENT (EDI) PROGRAM TO PARTIALLY FUND THE CONSTRUCTION OF ARTERIAL STREETS IN THE WATERFRONT DISTRICT Michael Lilliquist / Terry Bornemann moved final approval of Resolution #2016-05. MOTION CARRIED 7-0. 21141 5. Library Update - Whatcom READS! Information only. 6. Approval of Minutes Michael Lilliquist / Roxanne Murphy moved approval of the January 25, 2016, minutes of the regular City Council meeting as amended. MOTION CARRIED 7-0. 7. Old/New Business Michael Lilliquist reported that the Committee of the Whole moved to discuss the County Council's Resolution that may pass tomorrow evening at the Council's meeting. The Resolution addresses jail and criminal justice issues within Whatcom County. The County has invited all the Tribes and Cities of Whatcom County to consider joining them in the statement of the Resolution. If it passes, the City Council should discuss it. Mayor's Report Standing time for briefings, updates and reports to Council by the Mayor, if needed. Information only. City of Bellingham Regular City Council Meeting Page 5 of 8 2/8/2016  21142 1. Mayor's Reappointment of Teresa VanHaalen and John Gargett to the Bellingham Sister Cities Board (Information) Information only. 21143 2. Mayor's Reappointment of Sue Lobland to the Museum Foundation Board (Approval) Dan Hammill / Roxanne Murphy moved to approve the Mayor's appointment of Sue Lobland to the Museum Foundation Board, term ending February 11, 2019. MOTION CARRIED 7-0. 21144 3. Mayor's Appointment of Lisa Anderson to the Planning and Development Commission (Approval) April Barker / Gene Knutson moved to approve the Mayor's appointment of Lisa Anderson to the Planning and Development Commission, term ending March 24, 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. 21145 1. Authorization of Payroll labor cost payments dated January 9, 2016 - January 25, 2016 21146 2. Authorization of A/P checks issued January 22, 2016 21147 3. Authorization of A/P checks issued January 29, 2016 Gene Knutson / Roxanne Murphy moved approval of the Consent Agenda in its entirety. MOTION CARRIED 7-0. Final Consideration of Ordinances 21114 1. Consideration of the Draft Adopting Ordinance for the City's Proposed Update to the Critical Area Ordinance (CAO), BMC 16.55 AN ORDINANCE AMENDING MULTIPLE SECTIONS OF THE CITY'S CRITICAL AREAS ORDINANCE (BMC 16.55) IN ORDER TO INCORPORATE STATE REQUIRED UPDATES, IMPROVE PROTECTION OF CERTAIN WETLANDS AND IMPROVE CLARITY AND THE EFFICIENCY OF City of Bellingham Regular City Council Meeting Page 6 of 8 2/8/2016  ADMINISTERING THE REGULATORY PROVISIONS AND AMENDING THE CITY'S ADMINISTRATION OF DEVELOPMENT REGULATIONS (BMC 21.10) IN ORDER TO EXTEND THE TIMELINES OF CERTAIN CRITICAL AREA PERMITS AND TO INCLUDE MINOR CRITICAL AREA PERMITS AND OTHER DIRECTOR DECISIONS ISSUED UNDER BMC 16.55 AS "TYPE I" LAND USE DECISIONS Dan Hammill / Gene Knutson 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: BARKER, BORNEMANN, HAMMILL, KNUTSON, LILLIQUIST, MURPHY, VARGAS NAYS: EXCUSED: MOTION CARRIED and was thereafter named Ordinance #2016-02-005. 21117 2. An Ordinance of the City of Bellingham, Washington, Regarding Water Service Installation Fees, Amending Section 15.08.220 of the Bellingham Municipal Code AN ORDINANCE OF THE CITY OF BELLINGHAM, WASHINGTON REGARDING WATER SERVICE INSTALLATION FEES, AMENDING SECTION 15.08.220 OF THE BELLINGHAM MUNICIPAL CODE 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: BARKER, BORNEMANN, HAMMILL, KNUTSON, LILLIQUIST, MURPHY, VARGAS NAYS: EXCUSED: MOTION CARRIED and was thereafter named Ordinance #2016-02-006 21120 3. Appropriation of Funds From the State of Washington Department of Ecology for the Squalicum Creek Reroute Water Quality and Biotic Integrity Improvements Phase 3 Project AN ORDINANCE AMENDING THE 2016 BUDGET INCREASING REVENUE BY $1,322,507.00 AND APPROPRIATING RELATED EXPENDITURES IN THE STORM AND SURFACE WATER FUND AS A RESULT OF AN INTERGOVERNMENTAL LOAN AND GRANT FROM THE STATE OF City of Bellingham Regular City Council Meeting Page 7 of 8 2/8/2016  WASHINGTON DEPARTMENT OF ECOLOGY FOR THE SQUALICUM CREEK REROUTE PROJECT, PHASE 3 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: BARKER, BORNEMANN, HAMMILL, KNUTSON, LILLIQUIST, MURPHY, VARGAS NAYS: EXCUSED: MOTION CARRIED and was thereafter named Ordinance #2016-02-007 Adjournment There being no further business, the meeting adjourned at 8:40 p.m. Pinky Vargas, Council President ATTEST: Elisabeth Oakes, City Clerk Representative APPROVED: February 22, 2016 City of Bellingham Regular City Council Meeting Page 8 of 8 2/8/2016