City Council - Regular Meeting

City of Bellingham City Council Regular Meeting Minutes September 10, 2018, 7:00 PM Mayor Kelli Linville Contact: (360) 778-8200, ccmail@cob.org Council Members April Barker, Gene Knutson, Daniel Hammill, www.cob.org/council Pinky Vargas, Terry Bornemann and Michael Lilliquist All meetings are held in the City Hall Council Chambers at 210 Lottie Street, Bellingham, WA, unless otherwise noted. Call to Order The meeting was called to order by Council President Murphy 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 Murphy. Roll Call Present: Council President Roxanne Murphy, At Large Council Member April Barker, First Ward Council Member Gene Knutson, Second Ward Council Member Dan Hammill, Third Ward Council Member Pinky Vargas, Fourth Ward Council Member Terry Bornemann, Fifth Ward Council Member Michael Lilliquist, Sixth Ward Public Hearing 22051 1. Public Hearing to Consider Resolution Authorizing Relinquishment of a Portion of Surplus Utility Easement Located Within a Vacated Portion of Alley Between Ferry Avenue and Adams Avenue Ted Carlson, Public Works Director, explained the partial relinquishment of the easement as requested by developer. Staff recommended relinquishment. Council President Murphy opened the Public Hearing. No citizens spoke and the public hearing was closed. Gene Knutson / Dan Hammill moved final approval of Resolution #2018-21. City of Bellingham Regular City Council Meeting Page 1 of 8 9/10/2018 Minutes  MOTION CARRIED 7-0. 15-Minute Public Comment Period David Donohue, expressed irritation about the new brewery, Twin Sisters Brewing, that opened in his neighborhood. He complained that there wasn't a public process for the opening of the brewery and the impact they are experiencing since the opening of the brewery. Natalie Caldwell, asked the City Council to act on her behalf concerning the noise coming from the new brewery. There is more traffic, music, and feels it is not appropriate for a residential zoned area. She would like the parking to be re-zoned. Doug Revelle, discussed our first language, our emotions. Laura Sharik, on behalf of Rachel Anderson, addressed the new neighbors, the Twin Sisters Brewery and stated that since they have opened, there is less parking available. She requested the City paint a yellow, No Parking curb, but the City said they do not do that. She also feels the brewery has violated the City of Bellingham noise ordinance and asked the City to enforce the noise ordinance. Dana Briggs, addressed the I.C.E. raid that occurred on August 29th. Feels the Council was luke warm in their response and he would like to see the immigration ordinance revisited. He also stated that city ordinances are too restrictive to persons experiencing homelessness who are sleeping on benches. John Cain, feels the development of the new brewery of the Twin Sisters Brewery was a bad choice for a mostly residential zoned area. Will the citizens have any imput or protection? Bridget Reeves, Director of Programs at the Lighthouse Mission, gave an update on the work the mission is doing. Last night there were 120 people staying at the Drop-In Center. That is up from 104 persons from this same time last year. She stated that is a significant rise in need for shelter for those experiencing homelessness. They will be hiring a full time Outreach Services person, for neighborhood population. There is a Street Connect Van that goes out 3-4 nights a week. Their shower trailer is still being constructed and they are looking for community partners. Some have already partnered and will host the shower trailer. Council Standing Committee Meetings: Planning and Community Development Michael Lilliquist, Chair April Barker; Daniel Hammill City of Bellingham Regular City Council Meeting Page 2 of 8 9/10/2018 Minutes 21982 1. Consideration of a Draft Ordinance Establishing Short-Term Rental Regulations Council Member Lilliquist reported that a revised draft of the ordinance was brought forward during Committee and reaffirmed the five key questions that were discussed at the last meeting. Suggested the regulations be moved from 5% to 4% vacancy on question #2. Council will discuss at a later meeting during Committee of the Whole. Public Works and Natural Resources Gene Knutson, Chair Terry Bornemann; Michael Lilliquist 22053 1. Request for Sewer Service at 987 Marine Drive Gene Knutson / Dan Hammill moved to approve the request to enter in a contract with the City of Bellingham for retail sewer service as allowed under Bellingham Municipal Code Section 15.36. MOTION CARRIED 7-0. Justice April Barker, Chair Pinky Vargas; Daniel Hammill 22054 1. Domestic Violence Court Presentation by Judge Debra A. Lev Presentation during Committee from Judge Debra Lev. Information only. Committee Of The Whole Roxanne Murphy, Chair April Barker; Gene Knutson; Daniel Hammill; Pinky Vargas; Terry Bornemann; Michael Lilliquist 22055 1. A Resolution Confirming Andrew Asbjornsen as Interim Finance Director and Appointing Him as the City's Authorized Representative to the Local Government Investment Pool Roxanne Murphy / Dan Hammill moved final approval of Resolution #2018-22. MOTION CARRIED 7-0. City of Bellingham Regular City Council Meeting Page 3 of 8 9/10/2018 Minutes 22056 2. Countywide Community Health Assessment and Bellingham-Specific Health Data Presentation during Committee. Information only. 22057 3. Draft Resolution Establishing Process to Fill Vacancy in a Council Member Position Gene Knutson / Roxanne Murphy moved to amend the Resolution as the following under section "be it resolved:" The application period shall close on September 25, 2018 at 5:00 PM. On October 1, 2018 at 6:00 PM a special meeting will be held during which each candidate will be allotted three minutes in open session to present his or her qualifications. The last sentence of that paragraph to be deleted. MOTION CARRIED 7-0. Gene Knutson / Roxanne Murphy moved final approval of Resolution #2018-23. MOTION CARRIED 7-0. 4. Approval of Minutes Dan Hammill / Gene Knutson moved approval of the August 20, 2018 minutes of the regular City Council meeting as submitted. MOTION CARRIED 7-0. Gene Knutson / Dan Hammill moved approval of the August 27, 2018 minutes of the regular City Council meeting as amended. MOTION CARRIED 7-0. 5. Old/New Business Council Member Knutson thanked Roxanne Murphy for her service on the City Council. Council Member Vargas wished Roxanne Murphy well as she is leaving the City Council. She leaned on her expertise in policy. Council Member Hammill expressed that it has been a pleasure to serve alongside Roxanne Murphy. Council Member Bornemann wished Roxanne Murphy well and thanked her for bringing forth the change from Columbus Day to Salish Coast Day. Wished her the best of luck. City of Bellingham Regular City Council Meeting Page 4 of 8 9/10/2018 Minutes  Council Member Barker emphasized the need for women to run for public office and thanked Roxanne for her work on City Council. Council Member Lilliquist thanked her for her service and wished her best of luck. Council President Murphy thanked the community for voting for her and reminded her of who she worked for and the support. She thanked staff and Council. Asked the community to stay engaged. April Barker reported she attended the AirFest at the Bellingham Airport this past weekend. Very child friendly and the event was a great success. Pinky Vargas requested a clarification about the incident that occurred with Federal Immigration Agents. Police Chief Doll explained that the event did not occur within the business located in Bellingham but throughout Whatcom County. April Barker would like a way to create a rapid communication so that the Public will have quick access to events as they occur. Executive Session – Report and Action only. 1. Young v. City of Bellingham, et. al. Staff provided information on a litigation matter. For information and discussion. No action taken. Mayor's Report Standing time for briefings, updates and reports to Council by the Mayor, if needed. Information only. Brian Heinrich reported the City has partnered with a local architect to buy the old JC Penney building in downtown Bellingham. More information will be brought forward and a Public Hearing will be held at the September 24, 2018 meeting. 22058 1. Mayor's Reappointment of Michael Watson and Appointment of Leah Wainman to the Community Development Advisory Board (Information) The Mayor reappoints Michael Watson to his first full term on the Community Development Advisory Board, which will expire on October 1, 2021, at which time he may be reappointed. The Mayor appoints Leah Wainman to her first term on the Community Development Advisory Board, which will expire on August 23, 2021, at which time she may be reappointed. Information only. City of Bellingham Regular City Council Meeting Page 5 of 8 9/10/2018 Minutes 22059 2. Mayor's Appointment of Roberta Vellendorff to the Mayor's Neighborhood Advisory Commission (Information) The Mayor appoints Roberta Vellendorff as the Happy Valley Neighborhood Representative to her first term, which will expire August 29, 2020, at which time she may be reappointed. Information only. 22060 3. Mayor's Reappointment of Michael Knapp to the Design Review Board (Approval) Michael Lilliquist / Gene Knutson moved approval of the Mayor's reappointment of Michael Knapp to the Design Review Board which will be his first full term, to expire on September 25, 2022, 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. 22061 1. Authorization of Payroll Labor Cost Payments Dated August 11 - August 24, 2018 22062 2. Authorization of A/P Checks Issued August 17, 2018 22063 3. Authorization of A/P Checks Issued August 24, 2018 22064 4. Authorization of A/P Checks Issued August 31, 2018 22065 5. Bid Award for Willow Springs - Final Phase, Bid 21B-2018 22066 6. Bid Award for City Hall Planning Department Offices Remodel, Bid No. 51B- 2018 Gene Knutson / Dan Hammill moved approval of the Consent Agenda in its entirety. MOTION CARRIED 7-0. Final Consideration of Ordinances 22006 1. Proposed Ordinance Establishing Regulations for the Deployment of Small Cell Facilities in City Rights-of-Way Dan Hammill / 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: City of Bellingham Regular City Council Meeting Page 6 of 8 9/10/2018 Minutes  AYES: Murphy, Barker, Knutson, Hammill, Vargas, Bornemann, Lilliquist NAYS: (None) EXCUSED: (None) MOTION CARRIED and was thereafter named Ordinance #2018-09-014. 22040 2. Proposed Ordinance Amending the City's Right-of-Way Franchise Regulations 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: Murphy, Barker, Knutson, Hammill, Vargas, Bornemann, Lilliquist NAYS: (None) EXCUSED: (None) MOTION CARRIED and was thereafter named Ordinance #2018-09-015. 22041 3. Proposed Ordinance Amending Bellingham Municipal Code Chapters 6.04 and 6.05 to Adopt Uniform General Business License Requirements Mandated by the State of Washington Michael Lilliquist / 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: Murphy, Barker, Knutson, Hammill, Vargas, Bornemann, Lilliquist NAYS: (None) EXCUSED: (None) MOTION CARRIED and was thereafter named Ordinance #2018-09-016. 21688 4. An ordinance relating to the Vacation of a Southerly Portion of Bennett Road Between the South Line of Stuart Road and the North Line of June Road and the North ½ of June Road from the Centerline of Bennett Road East to the West Line of Parcel #380211 409 Gene Knutson / Dan Hammill 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: Murphy, Barker, Knutson, Hammill, Vargas, Bornemann, Lilliquist NAYS: (None) City of Bellingham Regular City Council Meeting Page 7 of 8 9/10/2018 Minutes  EXCUSED: (None) MOTION CARRIED and was thereafter named Ordinance #2018-09-017. Adjournment There being no further business, the meeting adjourned at 7:58 PM. Daniel Hammill, Council President ATTEST: Elisabeth Oakes, City Clerk Representative APPROVED: 9/24/2018 City of Bellingham Regular City Council Meeting Page 8 of 8 9/10/2018 Minutes