City Council - Regular Meeting

City of Bellingham City Council Regular Meeting Minutes September 24, 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, Michael Lilliquist and All meetings are held in the City Hall Council Chambers at Hannah Stone 210 Lottie Street, Bellingham, WA, unless otherwise noted. Call to Order The meeting was called to order by Council President Hammill 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 City Council is seeking applicants for its interim at-large position. The application period closes on Tuesday, September 25th at 5:00 PM. 2. On Monday, October 1 at 6:00 PM there will be a Special Meeting to hear all applicants for the City Council interim at-large position. Pledge of Allegiance Led by Council President Hammill. Roll Call Present: Council President Dan Hammill, Third Ward Council Member April Barker, First Ward Council Member Gene Knutson, Second Ward Council Member Pinky Vargas, Fourth Ward Council Member Terry Bornemann, Fifth Ward Council Member Michael Lilliquist, Sixth Ward Public Hearing 22067 1. Public Hearing to Consider a Draft Ordinance Establishing Regulations for Temporary Homeless Shelters Lisa Pool, Senior Planner, explained the draft temporary Homeless Shelter Ordinance. Council President Dan Hammill opened the Public Hearing. City of Bellingham Regular City Council Meeting Page 1 of 9 9/24/2018 Minutes  Jim Peterson, President of HomesNow! reported that his organization is working with the County on a site to create a temporary tent encampment. He would like the City administration to consider allowing the upper parking lot of Civic Field to be used for a safe place for parking for those who are living out of their vehicle. The proposal is for winter use only. They would fence the area and do whatever else the City requires for safe camping. Doug Gustafson, also spoke in support of the Civic Field parking plan. Chris Bierman, listed ideas to help the homeless and tent cities are a way to help. Mark Gale, objected to the ordinance and stated it should not pass as written. He explained that substance abuse, mental health assessment and counseling should be required and enforced to help the homeless. He described that his concerns have not been addressed and not been taken seriously. He also feels the low-barrier shelter is a nuisance and dangerous to walk by and unlawful behavior is rampant in the surrounding neighborhood. Cheryl Kelly, of the King Mountain Neighborhood Association, relayed suggestions that neighbors have for housing those experiencing homelessness. Jennifer Mansfield, is grateful for the ordinance that is presented and anything that will help create more resources for the homeless. She also feels more mental health care is needed. Lynn Allen, supports ideas for looking at what other cities are doing to help house those experiencing homelessness. She reported that HomesNow! helped her when she needed it. Bridget Reeves, explained the connection of people who have suffered trauma and utilize services the Lighthouse Mission provides. She spoke in support of the proposed ordinance on the meeting agenda. Alan Hui, expressed compassion for those experiencing homelessness, but would like a more holistic approach to solving the problem. He requested the Council consider the amount of people being allowed to live in temporary homeless shelters and the impact it will have around the surrounding neighborhood. He would like consideration of limiting the site to something smaller than what is being proposed. He would like the length of time to be limited and enforced. Russ Sapienza, explained that during his experience working with Homeless Connect, he noticed there has been an increase in the homeless population. He advocated for them and feels they deserve to be part of the community. City of Bellingham Regular City Council Meeting Page 2 of 9 9/24/2018 Minutes  Kevin Moore, addressed specific changes to the ordinance that he would like staff to look into. Based on those suggestions, he asked staff to consider revising in the proposed ordinance. Dwayne Neufeld, relayed his experience volunteering at the Lighthouse Mission and explained why shelters are needed. Doug Revelle, feels that it is our moral obligation to take care of the homeless population. Nick Welch, would like to weigh the risks and dangers of creating tent encampments. There being no further comments, the public hearing was closed. The written record will remain open until a final decision, per Resolution #2013-09. Michael Lilliquist / Terry Bornemann moved to bring the ordinance forward to the Committee of the Whole for further discussion at a later meeting. MOTION CARRIED 6-0. 22068 2. A Public Hearing to Consider Entering into a Development Agreement with Urban Strategies, LLC for the Redevelopment of 1314 Cornwall Avenue Tara Sundin, Economic Development Manager, gave an overview on the development agreement with Urban Strategies, LLC, for the redevelopment of 1314 Cornwall Ave. Jeff Kochman, of Urban Strategies, LLC, described the project. Council President Dan Hammill opened the Public Hearing. Kane Hall, own and manage Daylight Property Management and encouraged the development of the property. He urged the Council to vote to enter into an agreement to develop the property. Alice Clark, Downtown Partnership, asked the Council to enter into a partnership to redevelop the old J.C. Penney building. Darren Nienaber, supports the partnership to redevelop the building in order to prevent urban sprawl. MaKenzie Graham, is very happy to see the partnership the City is willing to enter to redevelop the building. However, she would like some portion of the development dedicated to affordable housing. City of Bellingham Regular City Council Meeting Page 3 of 9 9/24/2018 Minutes  Ben Sheklee, expressed appreciation for the project being brought forward. He is in favor of market rate housing and feels it will help to house working people who live and work in downtown. Bill Geyer, appreciates that the City hired a consultant for this project. There being no further comments the public hearing was closed. The written record will remain open until a final decision, per Resolution #2013-09. Terry Bornemann / Gene Knutson moved to approve the development agreement. Amy Kraham, Assistant City Attorney explained this item will come forward for approval at the October 8th meeting. Terry Bornemann withdrew his motion. Terry Bornemann reported that he has received nothing but good input on the development project. Pinky Vargas would like to bring art into the project. 22069 3. Public Hearing to Introduce an Ordinance Revising the City's Subdivision Regulations Kathy Bell, Senior Planner, gave an overview and history on the land division ordinance. She discussed proposed changes to the ordinance. Council President, Dan Hammill opened the Public Hearing. Darren Nienaber, supports the proposed changes to the ordinance. He passed around a large aerial photography of Western Washington and British Columbia, that showed land development. He warned that cities need to work to encourage growth within the city rather than go further out in rural areas. Bill Geyer, discussed the difference in zoning and buildable land. Doug Revelle, expressed that we need more nature in our living spaces. He feels we shoudl bring nature back into the City. There being no further comments, the public hearing was closed. The written record will remain open until a final decision, per Resolution #2013-09. Staff recommended that the item be brought forward to the Planning Committee for further discussion. April Barker / Michael Lilliquist moved to bring forward to a later meeting to the Planning and Community Development Committee. City of Bellingham Regular City Council Meeting Page 4 of 9 9/24/2018 Minutes  MOTION CARRIED 6-0. 15-Minute Public Comment Period Doug Revelle, warned of climate change and climate crisis. Darren Nienaber, emphasized the need to build within cities rather than create urban sprawl. Jeanne Koetje, represented Brandywine neighborhood, would like a sidewalk for the students in her neighborhood. She expressed that they have asked for this for 20 years. She presented a petition for requests from neighbors. Planning and Community Development Michael Lilliquist, Chair April Barker; Daniel Hammill 21922 1. Revisions to BMC Title 19 - Impact Fees for Accessory Dwelling Units Discussion during Committee. Committee recommended to reduce or eliminate transportation and park impact fees. Two requests came from the Committee. One, that the staff come back with more information on differences that might justify differences in the fees for detached accessory dwelling units vs. attached accessory dwelling units. Also, factors that may justify greater discounts than the 38% in impact fees. Information only. 22039 2. Neighborhood Equity Assessment: First in a Series of Housing Equity Discussions with Community Partners Discussion during Committee. Discussed with community partners goals for a possible neighborhood assessment. Information only. City Council Special Meeting 22070 1. Closed Record Hearing to Consider a Street Vacation Petition for the Easterly 3 Feet of 27th Street North of Mill Avenue A closed record hearing was conducted during Committee. This was to consider a street vacation petition for the easterly 3 feet of 27th Street north of Mill Avenue. Gene Knutson / April Barker moved approval for first and second reading. MOTION CARRIED 6-0. Council Standing Committee Meetings: City of Bellingham Regular City Council Meeting Page 5 of 9 9/24/2018 Minutes Public Works and Natural Resources Gene Knutson, Chair Terry Bornemann; Michael Lilliquist 22006 1. Resolution Setting Small Cell Permit Application Fees Gene Knutson / Terry Bornemann moved final approval of Resolution #2018-24. MOTION CARRIED 6-0. 22040 2. Resolution Setting Franchise Application Fees Gene Knutson / Terry Bornemann moved final approval of Resolution #2018-25 as amended. Gene Knutson read the amendment into the record to add the following words to the end of the first sentence in Section1: "...to cover the City's costs in processing the application; provided that staff may increase the fee on a case-by-case basis to recover any actual costs reasonably incurred in excess of $1,500.00." Michael Lilliquist/ Gene Knutson moved to add the word "and substantially" to Section 1 after the word "reasonably." Terry Bornemann objected to the amendment. Michael Lilliquist explained that without the word it creates ambiguity and needs to be included. MOTION TO AMEND FAILED 3-3, April Barker, Terry Bornemann and Dan Hammill opposed. Gene Knutson restated his original motion for approval of Resolution #2018-25 as amended. MOTION CARRIED 6-0. 21867 3. Noise Variance Request from WSDOT for SR-542 Paving Project Gene Knutson / April Barker moved to approve the noise variance request. MOTION CARRIED 6-0. 22071 4. Interlocal Agreement Between the City and Western Washington University for the Lake Whatcom Monitoring Project for 2019-2021 Gene Knutson / Pinky Vargas moved to authorize the Mayor to enter into an interlocal agreement between the City of Bellingham and Western Washington University for the Lake Whatcom Monitoring Project 2019-2021. MOTION CARRIED 6-0. Committee Of The Whole Daniel Hammill, Chair April Barker; Gene Knutson; Pinky Vargas; Terry Bornemann; Michael Lilliquist City of Bellingham Regular City Council Meeting Page 6 of 9 9/24/2018 Minutes 22072 1. Staff Presentation on Proposed Public-Private Partnership to Purchase and Redevelop 1314 Cornwall Avenue / the Former J.C.Penney Building Presentation during Committee. Information only. 22073 2. Direction to Negotiate the Lease of 1314 Cornwall Avenue by the City of Bellingham to Urban Strategies, LLC Dan Hammill / Gene Knutson moved to authorize the Mayor to enter into a lease agreement of 1314 Cornwall Avenue by the City of Bellingham to Urban Strategies, LLC. MOTION CARRIED 6-0. 3. Approval of Minutes Gene Knutson / April Barker moved approval of the September 10, 2018 minutes of the regular City Council meeting as submitted. MOTION CARRIED 6-0. 4. Old/New Business April Barker reported that she attended a tour with the League of Women Voters by Joshua Seretti, a Western Washington Professor. The League of Women Voters invites all to attend the historical walking tour. Pinky Vargas announced she attended the third annual Bellingham Seafeast this past weekend. Executive Session – Report and Action only. 1. Potential Property Acquisition and Potential Litigation Staff provided information on a potential property acquisition and litigation matter. Gene Knutson / Pinky Vargas moved to authorize the purchase of a 160-acre open space and wetland mitigation parcel near the corner of E. Smith and Everson Goshen Roads from Western Pacific Timber LLC for $990,000. The purchase price will be paid by the Greenways Fund, with an estimated closing date of October 3, 2018. After closing, this property and the Radder/Kramer property, which were purchased by the Greenways Fund, will be shown as Public Works Department properties. The Elite Salon property, which was purchased by the Street Fund and is in the City's Open Space Corridor along Northwest Drive, will be shown as Parks Department property. City of Bellingham Regular City Council Meeting Page 7 of 9 9/24/2018 Minutes  MOTION CARRIED 6-0. 2. A.J. et. al. 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. Mayor Linville asked the Council if they would like to hear from professionals in the community that provide substance and mental health counseling and treatment at a later meeting. Council responded that they would be interested in a presentation from them. The Joint Transportation Committee will be in Bellingham October 10th and 11th and have invited the Mayor and two Council Members. They will be in the region to look at our transportation projects. 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. 22074 1. Authorization of Payroll Labor Cost Payments Dated August 25 - September 10, 2018 22075 2. Authorization of A/P Checks Issued September 7, 2018 22076 3. Joint Funding Agreement between the City of Bellingham and US Department of Interior / US Geological Survey for Water Resources Investigation Gene Knutson / Terry Bornemann moved approval of the Consent Agenda in its entirety. MOTION CARRIED 6-0. Adjournment There being no further business, the meeting adjourned at 10:03 PM. Daniel Hammill, Council President City of Bellingham Regular City Council Meeting Page 8 of 9 9/24/2018 Minutes ATTEST: Elisabeth Oakes, City Clerk Representative APPROVED: 10/8/2018 City of Bellingham Regular City Council Meeting Page 9 of 9 9/24/2018 Minutes