City Council - Regular Meeting

City of Bellingham City Council Regular Meeting Minutes 08/29/2016, 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: Bellingham City Council meets all requirements of the State of Washington Open Public Meetings Act. 1. On Monday, October 17, 2016, the City Council will host a Public Hearing on the matter of the Comprehensive Plan Update at 7:00 PM in Council Chambers. Pledge of Allegiance Led by Council Member Lilliquist. 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: Presentation 21327 1. Puget Sound Energy's New Campaign City of Bellingham Regular City Council Meeting Page 1 of 11 8/29/2016  Scott Harder, of Puget Sound Energy, gave a presentation on the new campaign that will be conducted in September and October of this year. 21328 2. Presentation by Flag Designer Brad Lockhart Brad Lockhart, graphic artist and designer of the flag gave a presentation on the symbolism behind the design. Public Hearing 21329 1. Resolution Authorizing the Partial Relinquishment of a Utility Easement Located Within Vacated Bennett Avenue Council President Vargas opened the public hearing. Craig Ferguson, neighbor of the property that the easement resides on, spoke in favor of the partial relinquishment. There being no further comments, the public hearing was closed. Roxanne Murphy / Gene Knutson moved final approval of Resolution #2016-21. MOTION CARRIED 7-0. 15-Minute Public Comment Period Dixie Cheek, urged the Council to reinstate the owner occupancy requirement in the ADU section of the Comprehensive Plan. She acknowledged that the Council had already reinstated the requirement and thanked them for it. Deborah Middaugh, gave suggestions to Council for accepting Public Comment. She asked for civility from both the Council and the Public. Terri Marshall, addressed the owner occupancy ADU requirement that was recently voted on by the Council. However, because the Council has reinstated the requirement, she declined to further comment. Mike Kimmeth, cited RCW 42.521.020, and felt that a conflict of interest occurred at the August 1, 2016 Comprehensive Plan meeting. He requested that an investigation take place and to notify the Public of the findings of the investigation. City of Bellingham Regular City Council Meeting Page 2 of 11 8/29/2016  Sean Wheeler, objected to the conduct of Council members during the Public Comment period at the last Regular Council meeting. Chris Diele, commented on gun rights. Jude Green, thanked some Council members for voting against the ADU owner occupancy requirement. She asked the Council to be mindful in listening to testimony from the Public during the Public Comment period. Steve Abell, thanked the Council for restoring the ADU housing language in the Comprehensive Plan. Yoshé Revelle, advocated for the homeless persons within the City. He encouraged all to take care of the "voiceless." Christopher Grannis, thanked the Council for rescinding the vote to eliminate the owner occupancy requirement for ADU's. He feels the requirement is essential to maintaining neighborhood character. He conveyed he supports the language to require the owners live on the property and to keep that requirement in the Comprehensive Plan. Scott Hillius, objected to the bid award to Stellar J for the Water Treatment Plant Dissolved Air Flotation Project, Bid no. 41B-2016 [AB 21332]. He requested the Council reject the award and reconsider the proposal submitted by Hillco Contracting Inc, of Bellingham. David Cunningham, expressed that he feels an increase of residential construction is not a good contribution to affordable housing solutions. Wendi Scheer, representative of the Happy Valley Neighborhood Association, relayed that they Association is willing to try detached ADUs. However, they do not want non- owner occupied ADUs. Mike McAuley, spoke in support of the prototype flag for the City of Bellingham. Joseph McDonald, reported that the City has been relieved of the religious protestors at the farmer's market for a month. Virginia Herrick, thanked the Council for rescinding the vote on the ADU non owner occupied requirement. Mark Schofield, member of the York Neighborhood Board of Directors, addressed the owner occupied ADU requirements that the Council voted on. He outlined possible consequences if the owner occupancy requirement were to be removed. He stated City of Bellingham Regular City Council Meeting Page 3 of 11 8/29/2016  consequences may include, increase in property prices, loss of single family homes in single family zoned neighborhoods, increase of rental rates of single family homes, and loss of livability and safety in the neighborhoods. He also conveyed that the Association feels there was not sufficient notice given about the topic discussed at the August 1, 2016 meeting and a violation of the Open Meetings Act was committed. He requested that the vote be rescinded. He expressed that he was pleased to hear that the vote was rescinded by the City Council. James Spaich, expressed his gratitude that the Council rescinded the vote about the owner occupied requirements for ADU's. Louise Bjornson, explained the intent of the ADU ordinance as it was written by staff and designed by Council. She spoke in favor of the rescinded vote and passed out a copy of Senate Bill 5567 which explains how to provide preservation of single-family residential neighborhoods. She requested the Council keep this language in mind when discussing how the ADU requirements would impact our neighborhoods. Kathy Hasenjaeger, requested that Council give more thoughtful consideration to ADU requirements. She expressed gratitude that the vote from the August 1st's meeting was rescinded. Steve James, President of the Puget Neighborhood Association, relayed that he emailed the Council and gave his comments regarding the vote at the August 1st's meeting. He thanked the Council members that originally voted "no" to remove the owner occupancy requirement for ADUs. He also thanked the Council for rescinding the vote. He offered that the Puget Neighborhood Association is happy to give thoughts and ideas on this issue at any time. Lynn Barton, requested that the zoning and building codes of the City be enforced. Mona Danforth, experiencing a problem with an ADU that was built in his neighborhood and described problems that it has created. Public Works / Public Safety 21330 1. An Ordinance of the City of Bellingham, Washington, Regarding the Latecomer Process, Amending Chapters 14.02 and 2.56 of the Bellingham Municipal Code AN ORDINANCE OF THE CITY OF BELLINGHAM, WASHINGTON REGARDING THE LATECOMER PROCESS, AMENDING CHAPTERS 14.02 AND 2.56 OF THE BELLINGHAM MUNICIPAL CODE City of Bellingham Regular City Council Meeting Page 4 of 11 8/29/2016  Information only. 21331 2. Complete Networks Ordinance for Multimodal Transportation Planning AN ORDINANCE OF THE CITY OF BELLINGHAM, WASHINGTON ADOPTING BELLINGHAM'S COMPLETE NETWORKS APPROACH TO MULTIMODAL TRANSPORTATION PLANNING STATING THE GUIDING PRINCIPLES AND PRACTICES TO ENSURE COMPLIANCE WITH RCW 47.04.320 COMPLETE STREETS GRANT FUNDING PROGRAM Terry Bornemann /Roxanne Murphy moved approval for first and second reading as amended with typographical errors corrected. MOTION CARRIED 7-0. 21332 3. Bid Award for the Water Treatment Plant Dissolved Air Flotation Project, Bid No. 41B-2016 Terry Bornemann / Gene Knutson moved to reject the bid protest that was submitted by Hillco Contracting, Inc., of Bellingham and award Bid No.41B-2016 for the Water Treatment Plant Dissolved Air Flotation Project to Stellar J Corporation of Woodland, 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 $11,375,685.56, which includes any applicable WSST. MOTION CARRIED 7-0. Finance and Personnel 21333 1. 2016 Second Quarter Financial Review Information only. Parks and Recreation 21334 1. A Resolution Authorizing the City to Apply for and Enter into an Agreement for a Boating Facilities Grant for Assisting with the Development of Replacement Docks and Piling at Bloedel Donovan Park A RESOLUTION OF THE CITY OF BELLINGHAM AUTHORIZING THE CITY TO APPLY FOR AND ENTER INTO A BOATING FACILITIES PROGRAM City of Bellingham Regular City Council Meeting Page 5 of 11 8/29/2016  GRANT FOR ASSISTING WITH DEVELOPMENT OF FLOATING DOCK AND PILING REPLACEMENT AT BLOEDEL DONOVAN PARK ("PROJECT") Michael Lilliquist / April Barker moved final approval of Resolution #2016-22. MOTION CARRIED 7-0. 21335 2. Discussion Regarding Alternative Level of Service Options to Improve Public Access and Equity of Access to Bellingham Parks and Park Programs Over Time Council Member Lilliquist reported that during the afternoon session a discussion on equity, accessibility, prioritization and planning for new parks and parks services and maintenance of existing parks in the Comprehensive Plan update of the PRO plan. Council requested staff augment language on future levels of service that are being developed for review at the next PRO Comprehensive Plan update meeting. Information only. Lake Whatcom Reservoir and Natural Resources 21336 1. Resolution Authorizing Submittal of an Application to the Recreation and Conservation Office for the Little Squalicum Estuary Restoration Project A RESOLUTION OF THE CITY OF BELLINGHAM, WASHINGTON AUTHORIZING THE MAYOR TO SUBMIT A GRANT APPLICATION TO THE WASHINGTON STATE RECREATION AND CONSERVATION OFFICE TO FUND THE LITTLE SQUALICUM ESTUARY RESTORATION PROJECT Dan Hammill / Gene Knutson moved final approval of Resolution #2016-23. MOTION CARRIED 7-0. 21337 2. Update on Statewide Aquatic Invasive Species Legislation Highlights included five key points: 1. A diversion of the public utility tax over the next three biennium that will ultimately raise over $2.1 million annually. 2. The creation of a new local AIS management grant, capped at $1 million. 3. A new permit for small watercraft. 4. A new permit for nonresident watercraft. City of Bellingham Regular City Council Meeting Page 6 of 11 8/29/2016  5. Ability to form public/private partnerships. Information only. Committee Of The Whole 21266 1. Amendment to Interlocal Agreement for Jail Services Pinky Vargas / Terry Bornemann moved to authorize the Mayor to enter into an Interlocal Agreement for Jail Services, Option 1 of the Contract. MOTION CARRIED 7-0. 21247 2. Continued Discussion on the Draft 2016 Bellingham Comprehensive Plan Rick Sepler, Planning and Community Development Director, gave a review of the procedures and status of the Comprehensive Plan. He reported that a Public Hearing was held on June 6, 2016 on the Comprehensive Plan. A significant body of testimony (both oral and written) were given at that meeting. Work sessions were identified by topic and broken down into work sessions for comments to be reviewed. In the work sessions, Council gave and will continue to provide direction to staff. He also reported that the purpose of work sessions is to present a draft for a review and that a Public Hearing be held again before a final vote takes place. Draft has no weight of law. It is a draft and Council may further modify, amend or reject the document based on public comments. After the final Public Hearing (scheduled for October 17, 2016), Council may take action to finalize the document. The Planning Department aims to make available to the Public a draft of the recommendations of the plan a full two weeks prior to the October 17, 2016's meeting. A period of written comment will still be accepted after the Public Hearing. 3. Approval of Minutes April Barker / Gene Knutson moved approval of the August 8, 2016 minutes of the regular City Council meeting as submitted. MOTION CARRIED 7-0. 4. Old/New Business Roxanne Murphy reported she participated in a Century Bike Ride through support from the Mt. Baker Bicycle Club. The club hosted the bike ride, the Chuckanut Classic, which fosters good economic development in the community. City of Bellingham Regular City Council Meeting Page 7 of 11 8/29/2016  April Barker reported that Sustainable Connections applied for a grant from Whatcom Community Foundation. They received funds to work with the Birchwood Neighborhood Association to host a KAPOW! event to raise money for food security solutions. The Birchwood neighborhood has struggled with grocery availability since the Albertson's store closed earlier this year. Executive Session - Report and Action only. 1. Litigation: Swatosh v. City of Bellingham Staff provided information on a litigation matter. For information and discussion only. No action taken. 2. Potential Property Acquisition Staff provided information on a potential property acquisition. For information and discussion only. No action taken. 3. Potential Property Acquisition (Stamps, approx. 5 min) Staff provided information on a potential property acquisition. For information and discussion only. No action taken. Mayor's Report Standing time for briefings, updates and reports to Council by the Mayor, if needed. Information only. 21338 1. Mayor's Appointment of Greg Hoffenbacker, Kay Reddell and Erica Charbonneau to the Mayor's Neighborhood Advisory Commission (Information) Information only. Greg Hoffenbacker's term will expire September 19, 2018, Kay Reddell's term will expire August 11, 2018 and Erica Charbonneau's term will expire August 16, 2018 at which time all may be reappointed. 21339 2. Mayor's Appointment of Brandon Hausmann to the Public Works Advisory Board (Information) Information only. Brandon Hausmann's term will expire August 4, 2020 at which time he may be reappointed. City of Bellingham Regular City Council Meeting Page 8 of 11 8/29/2016  21340 3. Mayor's Reappointment of Bill Hasenjaeger and Courtney Lange to the Parks and Recreation Advisory Board (Information) Information only. Bill Hasenjaeger's term will expire August 8, 2019. Courtney Lange's term will expire August 8, 2019 at which time she may be reappointed. 21341 4. Mayor's Appointment of Paul George and Kate Clark to the Bellingham Arts Commission (Approval) Terry Bornemann / Roxanne Murphy moved approval of the appointment of Paul George and Kate Clark to the Bellingham Arts Commission, terms ending August 29, 2019 at which time both may be reappointed. MOTION CARRIED 7-0. 21342 5. Mayor's Appointment of Andrew Heinz to the Museum Foundation Board (Approval) Michael Lilliquist / Roxanne Murphy moved approval of the appointment of Andrew Heinz to the Museum Foundation Board, term ending August 29, 2019, at which time he may be reappointed. 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. 21343 1. An Ordinance Relating to the 2015/2016 Library Gift Fund Budget Increasing Budgeted Revenues, Decreasing Estimated Ending Reserves and Increasing Appropriated Expenditures AN ORDINANCE AMENDING THE 2015/2016 ADOPTED BUDGET INCREASING BUDGETED REVENUES IN THE AMOUNT OF $46,000, INCREASING APPROPRIATED EXPENDITURES IN THE AMOUNT OF $90,000 AND DECREASING ESTIMATED ENDING RESERVES BY $44,000 IN THE LIBRARY GIFT FUND Roxanne Murphy / Gene Knutson moved approval for first and second reading. MOTION CARRIED 7-0. 21344 2. Interlocal Agreement Between the City of Bellingham and Bellingham School District for a District Resource Officer City of Bellingham Regular City Council Meeting Page 9 of 11 8/29/2016  21345 3. Interagency Agreement Between the City of Bellingham and Western Washington University 21346 4. Forest Land Response & Federal Grant Agreement 21347 5. Authorization of A/P Checks Issued August 5, 2016 21348 6. Authorization of A/P Checks Issued August 12, 2016 21349 7. Authorization of A/P Checks Issued August 19, 2016 21350 8. Authorization of Payroll Labor Cost Payments Dated July 26, 2016, Through August 10, 2016. Roxanne Murphy / Gene Knutson moved approval of the Consent Agenda in its entirety. MOTION CARRIED 7-0. Final Consideration of Ordinances 21321 1. Closed Record Hearing to Consider a Petition to Vacate an Unnamed Alley West of Franklin Street and a Portion of Franklin Street All Located Between Kentucky and Iowa Streets Terry Bornemann / 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, MURPHY, VARGAS NAYS: MICHAEL LILLIQUIST EXCUSED: MOTION CARRIED 6-1 and was thereafter named Ordinance #2016-08-030. 21323 2. Adoption of a State Legislature Mandated Impact Fee Deferral Program for Single Family Detached and Attached Residential Construction 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: City of Bellingham Regular City Council Meeting Page 10 of 11 8/29/2016  AYES: BARKER, BORNEMANN, HAMMILL, KNUTSON, LILLIQUIST, MURPHY, VARGAS NAYS: EXCUSED: MOTION CARRIED and was thereafter named Ordinance #2016-08-031. Adjournment There being no further business, the meeting adjourned at 9:02 p.m. Pinky Vargas, Council President ATTEST: Elisabeth Oakes, City Clerk Representative APPROVED: September 26, 2016 City of Bellingham Regular City Council Meeting Page 11 of 11 8/29/2016