City Council - Regular Meeting

City of Bellingham City Council Regular Meeting Minutes 06/06/2016, 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 Announcements & Upcoming Meetings: 1. There will be a Public Hearing on June 20, 2016, at 7pm in Council Chambers to afford an equal opportunity for the expression of views regarding a resolution in support of Initiative 1433. Pledge of Allegiance Led by Council President Pinky Vargas Roll Call Pinky Vargas, President Gene Knutson Michael Lilliquist April Barker Dan Hammill Terry Bornemann Excused: Roxanne Murphy Public Hearing 21243 1. Public Hearing Regarding Transportation Benefit District (TBD) Funding Allocation in the (2017-2022) Six-Year Transportation Improvement Program (TIP) Presented by Ted Carlson and Chad Schulhauser Public hearing opened. Lori Province, pointed out the risk side of changing funding from 1/3 to 1/2. Transit enhancement and services are important. Consider in the long-range planning with the closed Albertson's, for example. 1  Pete Stark, thanked the Council for its support to preserve service. WTA Sunday service will be expanding. He supports the TIP; recent success on Alabama Street. Asks staff to provide flexibility. Betsy Pernotto, is against taking the 1/3 money away from transit. The original vote was taken in 2010 and the public thought it would be used for public transit. Seniors need transit. It should maintain or restore transit. Bob Marshall, wants the money to go to transit. Increased density will pose a challenge. Increased availability is at issue. Jamie Donaldson, wants the money to stay in thirds. She is president of the Food Bank and she knows that lack of public transportation is an issue. The Food Bank has to go into neighborhoods. Albertson's closing will be an issue. More transit will help people. Public hearing closed. 21255 2. Public Works Presentation and Public Hearing Regarding the Draft 2017-2022 Transportation Improvement Program (TIP) Presented by Chris Comeau, Transportation Planner Public hearing opened. Deborah Middaugh, spoke in favor of modern day safety standards of quiet zones (#13 in TIP). Geoff Middaugh, spoke in favor of quiet zone completion. South Hill Neighborhood Association is glad to see progress made this year. If this is complete, 2 out of 4 may have qualification for quiet zone. There is great urgency. Greg Hoffenbacker, supports quiet zones. He talked about the detriment of sleep deprivation in regard to public health and safety. Jane Bright, supports quiet zones. Such a loud noise triggers the fight or flight response. Alarming data revolves around the danger to children. Tim Hostetler, is on the Sehome Neighborhood Board and is on the Transportation Commission. Wants Council to approve the TIP. What is missing? Lack of representation and action from the Administrative branch. Wants Public Works more involved. 2  Charles Dyer, believes there should be more transportation coordination on Samish Way. Need $100,000 in the TIP to figure out how to coordinate transportation. Chris Deile, neuro-psychiatric disease is exacerbated by train horns. Public hearing closed. 21247 3. Public Hearing for the Draft 2016 Bellingham Comprehensive Plan Presented by Rick Sepler and Lisa Pool Public hearing opened. Mary Kay Robinson, President of Realtors Association, her clients cannot afford a home with a yard in Bellingham. Jane Lowrey, against having ADUs in the Birchwood Neighborhood. The neighborhood should not be filled in anymore. David Nelson, a Professor at WWU, allow infill toolkit to be used throughout Bellingham. Linda Twitchell, BIAWC, single family housing is preferable to urban villages. John Soine, sold two homes with ADUs recently. There is a lack of affordable housing. Damian Provalenko, a realtor, wants the realtors to meet with the Planning Department. There is no affordable housing; eight houses under $250,000. Katharine Carey, there is no affordable housing; everyone has to go to Deming, Sudden Valley, or Everson. Eric Scott, Bellingham is full. We don't have the jobs and industry for people to afford houses. Barbara Machtey, detached ADUs don't belong in single family zoning. Roger Almskaar, vacancy rate is 1 to 1 1/2 and it should be 5%. Wants a neighborhood meeting. Bill Geyer, 20,000 square foot lot remains since the Comp Plan was approved in the 1960s. Wants language changed to 10,000 sq ft per unit. Jeff Kvamme, there is a huge housing demand, but no supply. 3 Bill Henshaw, we have to do something different. Government is 24% the cost of housing. Carla Stellwagen, Neighborhood President, against detached ADUs. Transportation needs to be planned for Samish Way in anticipation of the new housing authority building. Becky Bronck, realtor, there is a lack of affordable housing. Mimi Osterdahl, has seen a steady decline of housing inventory. Sean Wheeler, resident of York Neighborhood, there is a breach of trust between neighborhood and the City. This historic neighborhood ruined by subdividing. Louise Bjornson, Birchwood Neighborhood. Used to vote for attached ADUs and against detached ADUs. Submitted letter with recommended changes to the Housing Chapter. Nancy Davis, is against detached ADUs. Nikki Bailey, is against detached ADUs. Christopher Deile, where are homeless people supposed to go? Dick Conoboy, referenced group letter sent to Council. Sean Hixton, people want quality of life. Wants additional single family options in Yew Street. David Cunningham, housing affordability is a problem. Cal Leenstra, Real Estate Broker, distributed a report. Clayton Petree, believes this is a new Comp Plan. There is a toxic unaffordability in Bellingham. Public hearing closed. 15-Minute Public Comment Period Joseph McDonald, concerned with zealous religious followers. 4  Chris Deile, concerned about AA and religion. Against people being court-ordered to attend AA. Seth Fleetwood, thanked the Council on behalf of Greenways Levy IV Campaign for listening to the group. Now his group will begin the campaign. Comment period closed. Public Works / Public Safety 21256 1. An Ordinance Amending the Bellingham Municipal Code to Repeal BMC 10.30.020 and to Adopt a New Code Section Consistent with State Law to Prohibit the Unlawful Display or Carry of an Electronic Control Device AN ORDINANCE OF THE CITY OF BELLINGHAM, WASHINGTON, AMENDING BELLINGHAM MUNICIPAL CODE TITLE 10.30 TO REPEAL BMC 10.30.020 WHICH PROHIBITS THE POSSESSION, SALE, OR USE OF TASERS, STUN GUNS, AND SIMILAR ELECTRONIC OR ENERGY DEVICES OR WEAPONS; ADOPTING BMC 10.30.015 PROHIBITING THE UNLAWFUL DISPLAY OF WEAPONS INCLUDING ELECTRONIC CONTROL DEVICES; AND AMENDING BMC 10.30.005 BY REPEALING THE ADOPTION OF RCW 9.41.270 BY REFERENCE INFORMATION ONLY 21257 2. Advanced Life Support (ALS) Services Fee for 2017 Terry Bornemann / Michael Lilliquist moved to authorize the Mayor to approve the addendum to the Interlocal Agreement for Life Support Services, Contract #2013-0604 with the amendment as follows: delete the word "revenue" on page 159 of the packet. MOTION CARRIED 6-0. 21258 3. Noise Variance Request from Public Works Department for Sunset Drive Watermain Replacement Terry Bornemann / April Barker moved to approve noise variance request. MOTION CARRIED 6-0. 5 21259 4. East Illinois Street Turning Movement Restrictions INFORMATION ONLY 21260 5. Bid Award for ES-0512 Bicycle and Pedestrian Improvements Bid #6B- 2016 Terry Bornemann / April Barker moved to approve the bid award No. 6B-2016 for ES- 0512 Bicycle and Pedestrian Improvement to Ariston Pacific, 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 $387,508.83, which includes any applicable WSST. MOTION CARRIED 6-0. Planning 21261 1. Adoption of the 2015 Washington State Building Code with Local Amendments AN ORDINANCE AMENDING BELLINGHAM MUNICIPAL CODE CHAPTER 17.10, TO ADOPT BY REFERENCE THE 2015 EDITIONS OF THE INTERNATIONAL BUILDING CODE, INTERNATIONAL RESIDENTIAL CODE, INTERNATIONAL MECHANICAL CODE, INTERNATIONAL FUEL GAS CODE, INTERNATIONAL PROPERTY MAINTENANCE CODE, INTERNATIONAL EXISTING BUILDING CODE, NATIONAL FUEL GAS CODE, INTERNATIONAL PLUMBING CODE, INTERNATIONAL ENERGY CONSERVATION CODE, UNIFORM PLUMBING CODE, AND WASHINGTON CITIES ELECTRIC CODE, AND THE 2011 EDITION OF THE LIQUEFIED PETROLEUM GAS CODE, AS AMENDED, AS SET FORTH HEREIN INFORMATION ONLY Committee Of The Whole 21262 1. Municipal Court Probation Contract Through Interlocal Agreement Between the City of Bellingham and Whatcom County, Pursuant to R.C.W. Chapter 39.34, the Interlocal Cooperation Act Pinky Vargas / Gene Knutson moved to authorize the Mayor to enter into an interlocal agreement between the City of Bellingham and Whatcom County that would modify the current Contract #2013-0621 for probation services. 6 MOTION CARRIED 6-0. 21263 2. Recommendations for Improvements to the City's Commercial Zoning Code Presentation given in the afternoon by UW students. Council will have an opportunity to discuss these findings at future meetings. INFORMATION ONLY. 21264 3. Discussion of Bellingham City Council Ward Boundaries Council gave staff direction to schedule a public hearing. 21217 4. Resolution Directing the Placement of a Greenways IV Property Tax Levy on the Ballot for the November 8, 2016 Election A RESOLUTION PROVIDING FOR THE SUBMISSION TO THE QUALIFIED ELECTORS OF THE CITY OF BELLINGHAM AT AN ELECTION TO BE HELD ON NOVEMBER 8, 2016 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, ACQUISITION, AND MAINTENANCE OF GREENWAYS, OPEN SPACE, PARKS, PARK FACILITIES, AND TRAILS Pinky Vargas / Gene Knutson moved final approval of Resolution #2016-16, with revisions read into the record. MOTION CARRIED 6-0. 21265 5. Proposed Ordinance Amending BMC 4.84 AN ORDINANCE OF THE CITY OF BELLINGHAM AMENDING CHAPTER 4.84 OF THE BELLINGHAM MUNICIPAL CODE, DISPOSITION OF SURPLUS PROPERTY. INFORMATION ONLY. 21266 6. Interlocal Jail Facility Use Agreement Proposal by Whatcom County INFORMATION ONLY. 7. Approval of Minutes No minutes to approve. 7  8. Old/New Business Council Member Knutson reminded people to speak civilly during the public comment period. Executive Session - Report and Action only. 1. Collective Bargaining: Contract Negotiations Staff provided information on the proposed collective bargaining agreement between the City and IAFF, Local 106. WAGE INCREASES: 2% January 1, 2014 2% January 1, 2015 2% January 1, 2016 3% January 1, 2017 0.5% July 1, 2017 BENEFITS: The premium contributions for health benefits for 106 members will remain the same through the end of 2016. Beginning in January 2017, the members will have the option to elect between the Regence $250 Plan, the Group Health $200 Plan, or the Group Health PPO Plan offered by the AWC Trust. The City will also offer members the option of a high deductible health plan (HDHP) with a health savings account (HSA). Gene Knutson / Terry Bornemann moved to approve an agreement with the above terms. MOTION CARRIED 6-0. 2. Litigation: A.J. et al. v. City of Bellingham, et al. Dan Hammill / Michael Lilliquist moved to authorize the Mayor to enter into a contract for legal services with Kristofer Bundy to associate as legal counsel in this case in order to assist the City Attorney's office in representing the City and the City Defendants. MOTION CARRIED 6-0. 8  3. Litigation - Yew Street Associates, et al. v. Whatcom County, et al. (WWGMHB No. 10-2-009c) Staff provided information on a litigation matter. For information and discussion only. No action taken. 4. Litigation - Fred Meyers Stores Inc. appeal of the MDNS and Consolidated Permit issued for the Costco project (HE-14-PL-019) This motion authorizes the Mayor to execute the First Amendment to the Settlement Agreement that: a. Allows Costco to delay acquiring the necessary right of way (ROW) from the owner of the property on the northeast corner of Arctic Ave. and W. Bakerview Road and constructing the improvements in that ROW that include: 1. Curb, gutter, and sidewalk on the east side of Arctic; and 2. Eastbound right hand turn lane from W. Bakerview onto Arctic. b. Requires Costco to: 1. Bond for cost of acquiring the necessary ROW on the corner property and constructing the improvements once the ROW on the property is acquired; and 2. Continue good faith efforts to acquire the ROW from the property owner. Gene Knutson / Dan Hammill moved to authorize the Mayor to execute the First Amendment to the Settlement Agreement with the above terms. MOTION CARRIED 6-0. Mayor's Report Mayor Kelli recognized Brian Heinrich and KayCee Luxtrum for successful negotiations with the firefighters. She thanked Council for approving the terms. Consent Agenda 21267 1. Authorization of Payroll Labor Cost Payments Dated April 26, 2016 - May 10, 2016 21268 2. Authorization of A/P Checks Issued May 13, 2016 9  21269 3. Authorization of A/P Checks Issued May 20, 2016 21270 4. Authorization of A/P Checks Issued May 27, 2016 21271 5. Proposed Ordinance Accepting Donation of Conservation Easement AN ORDINANCE ACCEPTING THE DONATION OF A CONSERVATION EASEMENT ON REAL PROPERTY Gene Knutson / Terry Bornemann moved approval for first and second reading. Gene Knutson / Terry Bornemann moved approval of the Consent Agenda in its entirety. MOTION CARRIED 6-0. Adjournment at 10:30 PM ________________________________________ Pinky Vargas, Council President ________________________________________ ATTEST: Marie Marchand, Legislative Assistant APPROVED: June 20, 2016 10