City Council - Regular Meeting

City of Bellingham City Council Regular Meeting Minutes 03/27/2017, 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 Lilliquist at 7:00 p.m. Announcements & Upcoming Meetings: Bellingham City Council meets all requirements of the State of Washington Open Public Meetings Act. 1. The Annual Lake Whatcom Joint Councils and Commission Meeting will take place on Wednesday, March 29, 2017 from 6:30-8:30 PM in City Council Chambers. 2. On Monday, April 24th at 7:00 PM in Council Chambers, there will be a Public Hearing on the consideration of proposed minor land use code amendments. Pledge of Allegiance Led by Council President 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: City of Bellingham Regular City Council Meeting Page 1 of 9 3/27/2017  15-Minute Public Comment Period Brian Pemberton, thanked the Mayor for creating an environment for growth among the waterfront industries. He is the owner of Northwest Exploration and spoke about the industries in the area that are experiencing growth and success. He feels that a homeless shelter in the area of the waterfront and boat yards may harm their working environment. He encouraged the City to look for other sites for consideration of a homeless shelter. {AB #21563} Carrie Kovaleski, reported to Council a news report about a crime committed within our state by an illegal resident. She spoke against sanctuary cities and against non- cooperation with ICE. Connie Shannon, spoke in support of the Resolution to change the direction of McKenzie Ave between 8th & 9th Streets that makes it a one way street. She relayed that she is a property and business owner in Fairhaven and feels it makes sense to make the street travel in one direction because it would provide more parking. {AB #21533} Gene Shannon, strongly supports the Resolution that changes the direction of McKenzie to a one way street. He feels the design is elegant and will create more parking spaces. {AB #21563} Greg Winter, Executive Director of Opportunity Council, offered observations that he has noticed. About 2 years ago the homeless population grew significantly within the area. He feels the need is growing all over, but especially on the West Coast. He commended the Light House Mission for their help with the homeless. He expressed that a new homeless shelter is desperately needed. {AB #21563} Brian Estes, discussed his support for the homeless shelter site on the waterfront. He gave three reasons he feels this is so important: public safety will improve, important to have a 24 hour low barrier facility, and the timing is right. {AB #21563} Malora Christensen, supports the proposed emergency homeless shelter. She shared her experience managing Francis Place. She feels the need is great. {AB #21563} Theresa Meurs, spoke in support of the new homeless shelter site. {AB #21563} Mike Parker, Director of the Whatcom Homeless Service Center at the Opportunity Council, supports the location of the homeless shelter site. {AB #21563} Galen Herz, spoke in favor of a low barrier shelter and gave ideas about a land swap. He supports the new homeless shelter. {AB #21563} City of Bellingham Regular City Council Meeting Page 2 of 9 3/27/2017  Melanie Estes, spoke in support of the low barrier shelter and the new homeless shelter site. She feels the new shelter will be very helpful. {AB #21563} Jenn Mason, a downtown resident, relayed the everyday experience within her neighborhood with unsheltered residents. She feels the need is critical. {AB #21563} Jim Kyle, current Vice President of the Working Waterfront Coalition, commends the committee members that put this shelter plan together. However he has a problem with the location and says that there are alternative sites. He feels the area is critical to maritime jobs. {AB #21563} H. Hill Cummings, supports the shelter, but feels the housing need should be addressed first. He feels housing is paramount in solving homelessness. {AB #21563} Joshua Besecker, marijuana shop manager, relayed his experience with the homeless residents outside of his shop. He offered ideas to help the homeless and provide jobs and hope. He requested the Council pass legislation that would require officers take the homeless to facilities where help is available, but not allow them to be outside his shop where it hurts business. Quinn Sharpe, owner and operator of Satori, a marijuana shop. He expressed his concern with the homeless that hang out near his shop and go through their garbage. He would like more to be done to discourage the homeless population from loitering near the business district. Eddie Hanson, thanked the Council for their decision to table the issue about denying a request for retail water and sewer service at 1323 Mt. Baker Highway. He also thanked them for allowing time to give his presentation on the issue. {AB #21561} Robin Robertson, spoke in favor to the Resolution that will change the McKenzie Ave to a one-way street. {AB #21533} David Ebenal, supports the one-way street change in the proposed Resolution that is being put forth for consideration. {AB #21533}. Niel Pfundt, spoke about homeless needs. He supports the waterfront industry in the area and thinks the area for the homeless shelter is a less than ideal location. He feels there must be a better place to build a homeless shelter. {AB #21563} Jon Kornelis, spoke in favor of installing water and sewer service on Mt. Baker Highway. {AB #21561} City of Bellingham Regular City Council Meeting Page 3 of 9 3/27/2017  Doug Robertson, spoke in favor of the one way McKenzie Ave change. He said it fits the plans and requirements for the area. {AB #21533}. Stuart Plotnick, discussed the Resolution of McKenzie Ave. He feels the change leaves little protection of Padden Creek. If McKenzie is changed to a one-way street it will cause 8th Street to be filled with traffic that will ultimately affect the creek negatively. {AB #21533}. Brooks Anderson, objected to the Resolution that changes McKenzie Ave to a one-way street. She feels it does not keep in line with the original character of the neighborhood. {AB #21533} Arlene Feld, stated that the City needs a new homeless shelter and urged the City to move forward with the plan to build on Roeder Ave. {AB #21563} Council Standing Committee Meetings: Public Works / Public Safety 21552 1. Review of the Life Safety Division's 2016 Accomplishments and 2017 Work Plan Presentation during Committee. Highlights of 2016 include: filled the Division Chief position in the Fire Inspection Program, reestablished the elementary school Fire Safety Education Program, partnered with the Red Cross to install 177 smoke alarms in 65 residences at three mobile home parks. The Work Plan for 2017 includes an increase in building inspections to 600 as well as revamping the Operations Permit procedures. Information only. 21553 2. Interlocal Agreement Between City of Bellingham and Whatcom County for Design of West Horton Road Extension Terry Bornemann / Dan Hammill moved to authorize the Mayor to enter into an interlocal agreement between the City of Bellingham and Whatcom County for design of West Horton Road Extension. MOTION CARRIED 7-0. 21554 3. ES-0513, Holly Street Overlay - Night Work Variance Terry Bornemann / Roxanne Murphy moved to approve the night work variance for the ES- 0513, Holly Street Overlay. MOTION CARRIED 7-0. City of Bellingham Regular City Council Meeting Page 4 of 9 3/27/2017  21555 4. Resolution Regarding Emergency Repair of a Gas Leak at Post Point Terry Bornemann / Dan Hammill moved final approval of Resolution # 2017-13. MOTION CARRIED 7-0. 21533 5. Resolution Changing McKenzie to One Way Westbound Between 9th and 8th Streets in Fairhaven - Continue Discussion Gene Knutson / Roxanne Murphy moved final approval of Resolution # 2017-14. MOTION CARRIED 6-1, Michael Lilliquist opposed. Lake Whatcom Reservoir and Natural Resources 21556 1. Update on Middle Fork Dam Fish Passage Project Presentation during committee. A $4 million grant from the Paul G. Allen Foundation to American Rivers will contribute to the removal of the Middle Fork Diversion Dam on the Middle Form Nooksack River, which will aid in revitalizing salmon and steelhead runs while maintaining water supply for the City of Bellingham. The project will be initially paid out of the Water Fund and then reimbursed by the grant. Information only. Community and Economic Development 21557 1. A Presentation by Sustainable Connections Providing a Report of 2016 Accomplishments and 2017 Activities Presentation during Committee. A report on 2016 accomplishments including a campaign to encourage residents to support local businesses by buying local products and food. Information only. 21558 2. Resolution Authorizing Amendment of 2016 HUD Annual Action Plan Allocating Federal Funds From HUD for Low- and Moderate-Income Residents of Bellingham Pinky Vargas / April Barker moved final approval of Resolution # 2017-15. MOTION CARRIED 7-0. City of Bellingham Regular City Council Meeting Page 5 of 9 3/27/2017  Committee Of The Whole 21559 1. A Resolution Authorizing a Second PEG Channel for the Purpose of Transmitting Bellingham TV (BTV) in Both Standard Definition and High Definition to Comcast Subscribers Michael Lilliquist / Dan Hammill moved final approval of Resolution # 2017-16. MOTION CARRIED 7-0. 21560 2. Update on City Owned Fiber Network Presentation during Committee. The focus was on the existing fiber network. Information only. 21561 3. Review of Public Works Director's Decision Denying Request for Retail Water and Sewer Service at 1323 Mt. Baker Highway During Committee, Council decided to postpone the decision until the Mayor's Office reviews the code to see if there is an opportunity for policy change to the Bellingham Municipal Code, including an annexation review. 21518 4. Work Session to Revise Municipal Code to Make Low Impact Development the Preferred and Commonly-used Approach to Site Development as Required by the City's National Pollution Discharge Elimination System Phase II Municipal Stormwater Permit Presentation during Committee. Vote on ordinance was called at the end of meeting. Information only. 21562 5. Public Opinion Survey of Bellingham Residents Presentation during Committee. A key finding that topped the report being 94% of residents feel Bellingham has a good quality of life. Housing affordability and homelessness are major concerns. Information only. City of Bellingham Regular City Council Meeting Page 6 of 9 3/27/2017  21563 6. An Overview of the Letter of Intent Between the City of Bellingham and Lighthouse Mission Ministries Presentation during Committee. An overview of a preliminary agreement to partner to serve homeless individuals was provided during the presentation. Elements of the proposal have yet to be approved. Information only. 21564 7. Proposed Lease of City Property at 801 and 807 Roeder Avenue Michael Lilliquist / Gene Knutson moved approval of leases for the existing tenants. MOTION CARRIED 7-0. 21565 8. Authorization to Negotiate a Lease of City Property at 801 and 807 Roeder Avenue to the Lighthouse Mission Ministries Terry Bornemann / Gene Knutson moved to postpone for two weeks the authorization to negotiate lease of City property at 801 and 807 Roeder Avenue to the Lighthouse Mission Ministries in order to gain information from the Port Commission's meeting scheduled for next week. MOTION CARRIED 4-3. Hammill, Barker and Murphy opposed. 21566 9. Presentation of the Work Program of the Development Services Division of the Planning and Community Development Department Presentation was postponed until the next meeting due to time constraints. 10. Approval of City Council Committee and/or Special Meeting Minutes Gene Knutson / Dan Hammill moved approval of the March 13, 2017 minutes of the Regular City Council Meeting as submitted. MOTION CARRIED 7-0. 11. Old/New Business Council President Lilliquist reported that the Annual Retreat took place last Saturday and was a successful meeting. The meeting was not videotaped, but an audio recording is available through the Council Office. The discussion included the City's long-term budget, levels of service and council meeting procedures. City of Bellingham Regular City Council Meeting Page 7 of 9 3/27/2017  Executive Session - Report and Action only. 1. Potential Property Acquisition Staff provided information on a potential property acquisition. For information and discussion only. No action taken. 2. Potential Property Acquisition Staff provided information on the potential acquisition of a one acre parcel owned by the Revocable Living Trust of Molly Monahan located north of Wildwood Drive and a City owned stormwater detention facility in the Samish Neighborhood. The property has an assessed value of $72,750. The City will use the property for a public trail. Action: April Barker / Pinky Vargas moved to authorize the purchase of the one acre parcel for $68,264. MOTION CARRIED 7-0. 3. Potential Litigation Staff provided information on a potential litigation matter. 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. 21567 1. Mayor's Appointment of Iris Maute-Gibson to the Planning and Development Commission (Approval) April Barker / Roxanne Murphy moved approval of the appointment of Iris Maute- Gibson to her first term on the Planning and Development Commission, which will expire on April 1, 2021, at which time she may be reappointed. MOTION CARRIED 7-0. 21568 2. Mayor's Reappointment of Jeremy Ferrera to the Bellingham Sister Cities Board (Information) The Mayor appoints Jeremy Ferrera to his first full term on the Bellingham Sister Cities Board, which will expire on April 4, 2021, at which time he may be reappointed. City of Bellingham Regular City Council Meeting Page 8 of 9 3/27/2017  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. 21569 1. Authorization of Payroll Labor Cost Payments Dated February 25, 2017 - March 10, 2017 21570 2. Authorization of A/P Checks Issued March 10, 2017 21571 3. Authorization of A/P Checks Issued March 17, 2017 Gene Knutson / Roxanne Murphy moved approval of the Consent Agenda in its entirety. MOTION CARRIED 7-0. Final Consideration of Ordinances 21518 1. An Ordinance to Revise Municipal Code to Make Low Impact Development the Preferred and Commonly-used Approach to Site Development as Required by the City's National Pollution Discharge Elimination System Phase II Municipal Stormwater Permit Gene Knutson / 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: BARKER, BORNEMANN, HAMMILL, KNUTSON, LILLIQUIST, MURPHY, VARGAS NAYS: EXCUSED: MOTION CARRIED and was thereafter named Ordinance #2017-03-009 Adjournment There being no further business, the meeting was adjourned at 9:22 pm. Michael Lilliquist, Council President ATTEST: Elisabeth Oakes, City Clerk Representative APPROVED: April 24, 2017 City of Bellingham Regular City Council Meeting Page 9 of 9 3/27/2017