City Council - Regular Meeting

City of Bellingham City Council Regular Meeting Minutes January 28, 2019, 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. On February 11 at 7:00 PM in the City Council Chambers, there will be a public hearing on a proposed resolution of the Bellingham City Council providing for the City to partially relinquish a general utility easement retained in Ordinance 6882, which is located in a vacated alley between Ferry Avenue and Adams Avenue. 2. On February 11 at 7:00 PM in the City Council Chambers, there will be a public hearing on consideration of a text amendment to BMC 20.37.130 to create flexibility in the maximum building height for certain properties within the Samish Way Urban Village which meet specific location and community benefit criteria. Pledge of Allegiance Led by Council President Hammill. Roll Call Present: Council President Daniel 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 Council Member Hannah Stone, At-Large Public Hearing City of Bellingham Regular City Council Meeting Page 1 of 10 1/28/2019 Minutes 22174 1. A Public Hearing to Consider Entering into a Development Agreement with Parberry's Inc. and Associated Entities Tara Sundin, Economic Development Manager, gave some background on the redevelopment plan of Old Town. The current proposal from Parberrys includes the relocation of Northwest Recycling business. The Development Agreement contains two options to purchase real property owned by the City and adjacent to Parberry's real estate holdings. Relocation of the recycling business is critical to the creation of an urban village. Kevin Moore, CEO of Northwest Recycling, gave some detail about moving their location. He explained their vision for Old Town as a place where people live, work and play all within a five-minute walk. Their guiding vision for the neighborhood is to retain the existing historic character. This agreement represents a new commitment for redevelopment. Council President Hammill opened the Public Hearing. Michael Chiavario, asked the Council and Parberrys to work to create more affordable housing in Old Town Bellingham. Stephen Gockley, addressed problematic issues with the proposal. The Old Sash & Door site should not be sold to Parberrys but be made available for a homeless shelter. Kip Wayerski, supports the proposal and feels they are the best choice to guide development of the Old Town neighbor. They are a good neighbor and will do a good job of redevelopment. Hans Erchinger-Davis, Director of the Lighthouse Mission, pointed out problems with the agreement. The Sash and Door site will be off limits to development for a homeless shelter for ten years. He asked why the City is writing off this option for a homeless shelter without an alternate plan in place and no public discussion? He supports the redevelopment of Old Town but not at the expense of the homeless. Jami Balint, attorney representing Parberry and the redevelopment agreement. She stated that the agreement provides a developer a strong value for their money. Mark Buhrer, owner of 2020 Engineering, has worked with the Parberrys. He feels this agreement is a great proposal and that the Sash and Door property is a doorway to Old Town. He also hopes that the development would make affordable housing in the area a priority as it is developed. There being no further comments, the public hearing was closed. The written record will remain open until the Council makes a final decision, per Resolution #2013-09. City of Bellingham Regular City Council Meeting Page 2 of 10 1/28/2019 Minutes  Council Member Bornemann spoke in support of the proposal. Terry Bornemann moved to send the item to the Planning & Community Development Committee for further discussion. Pinky Vargas suggested the item could be moved to the Economic Development or the Committee of the Whole for more discussion. Michael Lilliquist would like to see it discussed under the Planning & Community Development Committee. Pinky Vargas /Dan Hammill moved the topic to Committee of the Whole. MOTION CARRIED 6-1, Michael Lilliquist opposed. Council Member Stone asked for clarification on the previous motion and a new motion was made by Pinky Vargas / Terry Bornemann to move the item to the Committee of the Whole for more discussion. MOTION CARRIED 6-1, Michael Lilliquist opposed. 22175 2. A Public Hearing to Consider Disposal of City-Owned Real Property Located at 600 W Holly St., Bellingham WA, 98225 Tara Sundin, Economic Development Manager, explained the proposal to consider disposal of City-Owned Real Property located at 600 W Holly Street, Bellingham, WA 98225. Council President Hammill opened the Public Hearing and no citizens spoke. The written record will remain open until Council has made a final decision, per Resolution #2013-09. 15-Minute Public Comment Period Rachel Duval, a resident of Winter Haven, expressed her gratitude for provisions from Homes Now! She was in the first group of residents to stay at Winter Haven and is happy to announce that she now has permanent housing. Elizabeth Elsesser, is staying at Winter Haven and is thankful that she has a safe place to stay. Jim Peterson, thanked the Mayor and Rick Sepler, Director of the Planning and Community Development department and the Police department for coming together to help Homes Now! He also pointed out that the fence and lockers of Winter Haven were provided by the Parberrys. Isabel Lay, resident of the York neighborhood and would like more street lights in the neighborhood. She stated it is a safety concern at night. City of Bellingham Regular City Council Meeting Page 3 of 10 1/28/2019 Minutes  Mike Sennett, representing the Mt. Baker Group of the Washington State Chapter of the Sierra Club, is concerned about the location of the School District's Bus Barn. He urged the City to assist the School District in finding a different Bus Barn site that is not near Whatcom Creek. James Reilly, gave emotional testimony expressing how he feels the property taxes are too high in Whatcom County. Markis Dee, who volunteers with Winter Haven, is very proud of the work that Homes Now! has done to create Winter Haven. Alex McLean, spoke about the location of the Bus Barn. He stated that the School District is going forward with their plans. Lynette Allen, volunteers with Homes Now! and reported how well the site is being handled. Council Standing Committee Meetings: Public Works and Natural Resources Gene Knutson, Chair Terry Bornemann, April Barker 22176 1. An Ordinance of the City of Bellingham Granting Mobilitie, LLC a Franchise to Operate and Maintain Small Cell Facilities in City Rights-of-Way for the Provision of Wireless Telecommunications Services Gene Knutson / April Barker moved for first and second reading. MOTION CARRIED 7-0. 22177 2. Determination of Sale Method for Three City Properties Declared Surplus to the City's Needs Presentation during Committee. Council needs to determine the method of sale for these properties. Council directed staff to reach out to community partners that provide affordable housing programs. Tara Sundin, Economic Development Manager, will be the lead on this and will return to Council with more information at a later date. 22178 3. Further Discussion of Proposed City Surplus Property in the Roosevelt Neighborhood Located at 2127 Valencia Gene Knutson / Pinky Vargas moved to add to a multiple listing and conduct a negotiated sale. MOTION CARRIED 7-0. City of Bellingham Regular City Council Meeting Page 4 of 10 1/28/2019 Minutes 22179 4. An Ordinance Amending Bellingham Municipal Code (BMC) 15.36.010 Regarding the City's Policies for Providing Water and Sewer Service Outside the City Limits Gene Knutson / April Barker moved for first and second reading as amended. The City Attorney's office presented an amended version of the ordinance for consideration. Peter Ruffatto, City Attorney, read the amendments into the Record. MOTION CARRIED 7-0. 22180 5. Whatcom County Water District #7 Request for Modification to the Wholesale Water Supply Contract with the City of Bellingham Discussion during Committee. The Council expressed support for two new connections, but not for the broader area. Public Works will bring back to the Committee for further discussion at a later date. 22181 6. Ordinance Amending BMC 12.12.280 Related to the Aquatic Invasive Species Prevention Program Gene Knutson / Hannah Stone moved for first and second reading. MOTION CARRIED 7-0. 22182 7. Post Point Resource Recovery Project Update Update during Committee. Information only. Public Safety Terry Bornemann, Chair Gene Knutson, Hannah Stone 22183 1. Interlocal Agreement Regarding Bellingham-Whatcom County Commission Against Domestic & Sexual Violence Terry Bornemann / Michael Lilliquist moved to authorize the Mayor to enter into an interlocal agreement with the City and Whatcom County Commission Against Domestic & Sexual Violence. MOTION CARRIED 7-0. 22184 2. Ordinance Amending Chapter 2.88 of the Bellingham Municipal Code Regarding the Bellingham Whatcom County Commission Against Domestic Violence City of Bellingham Regular City Council Meeting Page 5 of 10 1/28/2019 Minutes  Terry Bornemann / Pinky Vargas moved for first and second reading. MOTION CARRIED 7-0. Finance, Personnel and Economic Development Pinky Vargas, Chair Michael Lilliquist, Hannah Stone 22185 1. Resolution to Change Parks and Recreation Department Facility Use Fees Pinky Vargas / Gene Knutson moved final approval of Resolution #2019-01. MOTION CARRIED 7-0. 22186 2. Resolution to Increase Fees at Bayview Cemetery Pinky Vargas / Gene Knutson moved final approval of Resolution #2019-02. MOTION CARRIED 7-0. 22187 3. Resolution to Establish Green Fees for the Use of Lake Padden Golf Course Pinky Vargas / April Barker moved final approval of Resolution #2019-03. MOTION CARRIED 7-0. Committee Of The Whole Daniel Hammill, Chair April Barker; Gene Knutson; Pinky Vargas; Terry Bornemann; Michael Lilliquist, Hannah Stone 22188 1. Discussion of Sustainable Budget Strategies Discussion during Committee. Gene Knutson / Pinky Vargas moved to plan a Council Retreat to discuss sustainable budget strategies before April of this year. MOTION CARRIED 7-0. 22189 2. An Interlocal Agreement Between Whatcom County and the City of Bellingham to Support the Ground-Level Response and Coordinated Engagement (GRACE) Program Daniel Hammill / Michael Lilliquist moved to authorize the Mayor to enter into an interlocal agreement between Whatcom County and the City to support the Ground- Level Response and Coordinated Engagement (GRACE) program. MOTION CARRIED 7-0. City of Bellingham Regular City Council Meeting Page 6 of 10 1/28/2019 Minutes  Council Member Lilliquist corrected the information that was outlined in the packet. The version listed in the packet stated the agreement terms were valid through 2020. The term is actually good through 2021. 3. Approval of Minutes April Barker / Gene Knutson moved approval of the January 7, 2018 minutes of the regular City Council meeting as submitted. MOTION CARRIED 7-0. 4. Old/New Business Council Member Barker reported that the Bellingham School District creates a Library account for every student, so they will have a library card with their school I.D. She also serves as a liaison to the Bellingham International Airport Advisory Committee and is pleased to announce that starting in March direct flights from Bellingham to Anchorage will be available. Council Member Bornemann expressed disappointed at hearing a report that the Bellingham School District will go ahead with their plans to put their Bus Barn at the property located along Whatcom Creek. Council Member Stone, serves as a liaison to the Whatcom Museum and announced that the Whatcom Dispute Resolution Center is now at their new location at 202 Prospect Street. The site was formally owned by the Museum but the Block Grant that was awarded to the Resolution Center by the City made the terms of the agreement more manageable. She reported they have done an amazing job with their new facility. Executive Session – Report and Action only. 1. Litigation: Smith v. City of Bellingham, et. al. Staff provided information on a potential litigation matter. Gene Knutson / Terry Bornemann moved to authorize the Mayor to engage outside legal services to represent the City employee named in the lawsuit. MOTION CARRIED 7-0. 2. Potential Litigation: Claim No. 2018-45 and Claim No. 2018-48 Gene Knutson / Terry Bornemann moved to authorize the Mayor to enter into a settlement agreement with the following terms: resolution of Claim no. 2018-45 for the payment of $75,000.00 to the claimant. City of Bellingham Regular City Council Meeting Page 7 of 10 1/28/2019 Minutes  MOTION CARRIED 7-0. April Barker / Pinky Vargas moved to authorize the Mayor to enter into a settlement agreement with the following terms: resolution of Claim no. 2018-48 for the payment of $75,000.00 to the claimant. MOTION CARRIED 7-0. Mayor's Report Standing time for briefings, updates and reports to Council by the Mayor, if needed. Information only. Mayor Linville commended Monea Kerr, Legislative Assistant on the good job she did organizing the Martin Luther King Jr.'s Day event last Monday. She also mentioned that she and Pinky Vargas attended the Open House for Winter Haven last week. She expressed how moving it was and how many residents said they feel they have a safe place to be and sleep. 22190 1. Mayor's Reappointment of Bret Beaupain and Mark Buehrer to the Transportation Commission (Approval) Gene Knutson / Pinky Vargas moves approval of the reappointments of Bret Beaupain and Mark Buehrer to the Transportation Commission. Bret Beaupain will serve his final term, which will expire on January 11, 2022 and Mark Buehrer will also serve his final term, which will expire on March 7, 2022. MOTION CARRIED 7-0. 22191 2. Mayor's Appointment of Aran Clauson to the Community Development Advisory Board (Information) The Mayor appoints Aran Clauson to his first term, which will expire on January 11, 2022, at which time he may be reappointed. Information only. 22192 3. Mayor's Appointment of Aidan Maher to the Bellingham Sister Cities Board (Information) The Mayor appoints Aidan Maher to his first term, which will expire on January 25, 2021, at which time he may be reappointed. Information only. 22193 4. Mayor's Reappointment of Alan Artman and Sharon Rutherford to the Bellingham-Whatcom County Commission Against Domestic Violence (Information) The Mayor reappoints Alan Artman and Sharon Rutherford to the Bellingham- Whatcom County Commission against Domestic Violence. Alan Artman will serve his City of Bellingham Regular City Council Meeting Page 8 of 10 1/28/2019 Minutes  second term, which will expire on January 31, 2023, at which time he may be reappointed. Sharon Rutherford will serve her first full term, which will expire on January 31, 2023, at which time she may be reappointed. Information only. 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. 22194 1. Authorize the Mayor to Enter into an Interlocal Agreement Between the City of Bellingham and Whatcom County for the Aquatic Invasive Species (AIS) Boat Inspection Program 22195 2. Authorize the Mayor to Enter into an Interlocal Agreement Between the City of Bellingham and Lake Whatcom Water and Sewer District for the Aquatic Invasive Species (AIS) Boat Inspection Program 22196 3. Interlocal Agreement with Whatcom Transportation Authority 22197 4. Interlocal Agreement with Bellingham Housing Authority 22198 5. Authorization of A/P Checks Issued December 28, 2018 22199 6. Authorization of A/P Checks Issued January 4, 2019 22200 7. Authorization of A/P Checks Issued January 11, 2019 22201 8. Authorization of A/P Checks Issued January 18, 2019 22202 9. Authorization of Payroll Labor Cost Payments Dated December 1 - December 15, 2018 22203 10. Authorization of Payroll Labor Cost Payments For the Period of December 16 - December 31, 2018 Gene Knutson / April Barker moved approval of the Consent Agenda in its entirety. MOTION CARRIED 7-0. Adjournment There being no further business, the meeting adjourned at 9:08 p.m. City of Bellingham Regular City Council Meeting Page 9 of 10 1/28/2019 Minutes Daniel Hammill, Council President ATTEST: Elisabeth Oakes, City Clerk Representative APPROVED: 2/11/2019 City of Bellingham Regular City Council Meeting Page 10 of 10 1/28/2019 Minutes