City Council - Regular Meeting

City of Bellingham City Council Regular Meeting Minutes February 11, 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. 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 Terry Bornemann, Fifth Ward Council Member Michael Lilliquist, Sixth Ward Council Member Hannah Stone, At-Large Excused Council Member Pinky Vargas, Fourth Ward Public Hearing 22204 1. A Public Hearing to Consider 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 (SWUV) Darby Cowles, Senior Planner, explained the proposed text amendment to BMC 20.37.130 that would create flexibility in the maximum building height for certain properties within the Samish Way Urban Village (SWUV). The Housing Authority would like to break ground on their project in the Spring and this proposal would aid in the Phase 1 of the development. Council President Hammill opened the Public Hearing. City of Bellingham Regular City Council Meeting Page 1 of 11 2/11/2019 Minutes  Brien Thane, Executive Director at the Bellingham Housing Authority, explained some flexibility in height will allow them to utilize savings in construction of the project. If allowed to go as high as seventy-five feet for phase 2 development, they would consider going up another story to add more housing units. They plan to break ground next year. He thanked the Council for their consideration. There being no further comments, the Public Hearing was closed. The ordinance is written to allow building maximum of sixty-five feet. The Planning Commission made a recommendation of seventy-five feet. Gene Knutson / Hannah Stone moved to amend the ordinance to building to seventy-five feet. Council Member Stone noted that seventy-five feet would allow for more flexibility for affordable housing. Council Member Bornemann explained that the neighborhood association may have some confusion of the height maximum that was recommended. He would like to discuss further in Committee. Darby Cowles stated that this recommendation is for Phase 1 of the building plan. They will be bringing back the entire development package at a later meeting for more discussion. Michael Lilliquist / Terry Bornemann moved to amend the ordinance to allow a building height of sixty-five feet. MOTION FAILED 2-4, Hammill, Barker, Stone, Knuston opposed, Vargas excused. Gene Knutson / Hannah Stone moved to approve the ordinance for first and second reading and to include an allowance of building height of seventy-five feet. MOTION CARRIED 6-0, Vargas excused. 22205 2. Public Hearing on 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, recommended approval of relinquishment of the easement. President Hammill opened the Public Hearing. No citizens spoke and the hearing was closed. Gene Knutson / April Barker moved final approval of Resolution #2019-04. MOTION CARRIED 6-0, Vargas excused. 15-Minute Public Comment Period City of Bellingham Regular City Council Meeting Page 2 of 11 2/11/2019 Minutes  Mayor Linville gave an update on the services being provided by the Lighthouse Mission, Fountain Community Church, Winter Haven and the Bellingham Public Library. They are providing a variety of services to those unsheltered in the community. Winter Haven has purchased vouchers for residents to stay in motels during the current cold weather. A church in the County is also housing 10 -18 people overnight. No one was turned away at the Lighthouse Mission unless they have a history of violence. Barriers are now lower than ever to persons experiencing homelessness. Overnight stays are coordinated through the Drop-In Center. The Library daytime program has been open since last Thursday to women that are staying at the Fountain Community Church. The shelters will be in place as long as needed. The City is working with partners with the Office of Emergency Management to work on a contingency plan for overnight beds. The Mayor has spoken with Mike Parker with the Homeless Service Center to gain more volunteers for help at the Library. Council Member Barker is working with the Mayor to seek long-term solutions for the homelessness and shelters. The Port of Bellingham and Whatcom County have committed to help find a location for another encampment for unsheltered persons. The Mayor spoke with Whatcom Transit Authority (WTA) to see if a location for a warming center could be identified but staffing is still a problem. We need more staff and volunteers to help work the warming centers. The Opportunity Council has written a check for $15,000.00 to provide hotel and motel vouchers for those unsheltered in the community. Council Member Barker reported that WTA is providing free rides to the shelter and allowing people to stay on the bus as long as they follow rules of conduct. Extended lobby hours at the Downtown Station are opening earlier and staying open later. They have parked a warming bus at the Cordata area where there is no indoor station. Bridget Reeves, Lighthouse Mission Ministries, gave an update on services provided and challenges during the current storm and cold weather. Misinformation was rampant in the last week and added to the difficultly. A recent sewer main break at the Drop-in Center was a challenge they had to navigate and community partners like SSC brought in port-o-potties while they had no water. Fountain Community Church also provided shelter for men and provided transportation for women in two locations in the evening. Theresa Meurs, addressed community efforts to help those experiencing homelessness and sited specific churches she has worked with that have helped provide services to the homeless in the last fourteen to fifteen years. She condemned City of Bellingham Regular City Council Meeting Page 3 of 11 2/11/2019 Minutes  statements made on social media by other homeless help advocacy groups that speak against the efforts of community churches. Autumn Lynn, explained her experience with homelessness. She relayed that due to a disability she is unable to stay in a shelter. Richard Taldo, thanked the Bellingham Police Department because he was offered respect while sleeping outdoors. He stays away from the Drop-in Center and believes Winter Haven is a better option for him. Dan Gentry, reported a brief synopsis of U.N. Agenda Bills 21 and 30, Action Plans that will control all means of production and information. He believes we need to take the information seriously and will infringe on our civil rights. He urged Council to pay attention. Lynnette Allen, volunteers with Homes Now! and reported the work they do throughout the nights to help the homeless. She urged the City to plan and implement more organization for extreme weather emergencies. Jim Peterson, President of Homes Now! demanded the City staff provide more provisions for those experiencing homelessness. He explained there is a population of unsheltered individuals that will not go to the Drop-in Center. He urged the City to provide another shelter. Sue Mingee, explained that she because she has a social anxiety disorder she does not feel comfortable using the services of the Drop-in Center. She thanked Homes Now! for their provisions. She asked for more funding for Homes Now! Shawn Glasco, a resident at Winter Haven, relayed that while staying at the Drop-in Center, his belongings were stolen. But Jim Peterson, of Homes Now! took time to help him get medical help and provided a place for him to camp that is safe. Rachel Duval, is volunteering with Homes Now! and relayed that we need more shelters for the homeless. Hans Erchinger - Davis, Executive Director of the Lighthouse Mission Ministries, explained that trust is essential for healing among the homeless. He urged the promotion of trust among service providers. He extended an invitation to the Council Members to come tour the Drop-In Center and speak with residents there. Sarah Bede, relayed her experience at Agape House, and does not trust churches. She has been living in her van, and Homes Now! helped her. City of Bellingham Regular City Council Meeting Page 4 of 11 2/11/2019 Minutes  Amy Glasser, emphasized her dissatisfaction with services performed by the City to assist the homeless population. She admitted to calling the Mayor's home to urge the Mayor to do more. She complained that the Lighthouse Mission had no running water or washing stations last week while trying to provide service. She feels the Mission does not effectively train the volunteers that help there. She stated that Homes Now! provides services to those in need and that the Mission is not for everyone. Maddy Grehr, does not feel a religious organization should be servicing the homeless. Brenda Bentley, is disappointed at the level of service by the City with regard to the homeless population. Dana Briggs, addressed Council and reminded them that he spoke last year about a need for a comprehensive plan for shelter during weather emergencies. RV Wick, commended everyone who is helping to offer solutions to the homeless population. Jennifer Mansfield, made suggestions for helping the homeless which included opening up WTA warming centers, but we need more volunteers. Christa Rome, suggested that the City open another shelter for another option. Markus Dee, reported that Homes Now! has an overflow shelter that is being housed in the County near Smith Road. He is volunteering with Homes Now! and feels the City needs to do more to help those experiencing homelessness. Debbie Cantrell, is volunteering to help homeless people in the cold that will not go to the Lighthouse Mission or the Drop-in Center. Council Standing Committee Meetings: Public Works and Natural Resources Gene Knutson, Chair Terry Bornemann; Michael Lilliquist 22206 1. Report From the February 4, 2019 Lake Whatcom Policy Group Meeting Presentation during Committee. The Report provided an update on policy group topics and meeting schedule, an overview of Lake Whatcom Interjurisdictional Coordinating Team 2019 tasks, discussion of Lake Whatcom Annual Joint Councils/ Commission Meeting Agenda, Survey of Lake Whatcom Residents, an Ordinance Changes to Aquatic Invasive Species (AIS) Program and a preview of the Institute for Watershed Studies Report. Information only. City of Bellingham Regular City Council Meeting Page 5 of 11 2/11/2019 Minutes Finance, Personnel and Economic Development Pinky Vargas, Chair Michael Lilliquist, Hannah Stone 22207 1. A Presentation by Western Washington University's Small Business Development Center on the Organization's 2018 Accomplishments Presentation during Committee. CJ Sietz, Director of the Small Business Development Center at Western Washington University, provided a report 2018 accomplishments. Information only. Committee Of The Whole Daniel Hammill, Chair April Barker; Gene Knutson; Pinky Vargas; Terry Bornemann; Michael Lilliquist, Hannah Stone 22174 1. A Resolution to Authorize Entering into a Development Agreement with Parberry's Inc. and Associated Entities Daniel Hammill / April Barker moved final approval of Resolution #2019-05. Council President Hammill, read the amendment of the development agreement, Item F, into the Record. MOTION CARRIED 6-0, Vargas excused. 22208 2. Review of the Planning and Community Development Department's 2019 - 2020 Work Program Presentation during Committee. Information only. 3. Approval of Minutes Michael Lilliquist / Gene Knutson moved approval of the January 28, 2019 minutes of the regular City Council meeting as submitted. MOTION CARRIED 6-0, Vargas excused. 4. Old/New Business Council President Hammill announced that the City Council, the Mayor and the Director of Emergency Services, voted 9-0 during Committee of the Whole to issue a Proclamation of Emergency due to severe winter storm conditions that exist in the City of Bellingham. The proclamation enables the City to enter into emergency contracts and incur obligations necessary to address such emergency situations to protect the health and safety of persons and property, and provide appropriate emergency City of Bellingham Regular City Council Meeting Page 6 of 11 2/11/2019 Minutes  assistance to the victims of such emergency and take emergency actions to protect life and property where appropriate. Council Member Barker will work to bring forth an agenda item for the next meeting that will address a robust emergency response to assist unsheltered individuals during inclement weather events. This is intended to provide a plan for further events, not the current emergency which already has an emergency response plan. Executive Session – Report and Action only. 1. Potential Property Acquisition Staff provided information on the potential acquisition of a 3/4 acre property owned by Rosalie A. Anderson and located in the Lake Whatcom Watershed. The purchase will be made in connection with the City's Lake Whatcom Watershed Property Acquisition Program in order to help protect the City's drinking water source. April Barker / Terry Bornemann moved to authorize the purchase of the 3/4-acre parcel for the appraised value of $100,000, with closing to take place on February 12, 2019. MOTION CARRIED 6-0, Vargas excused. Mayor's Report Standing time for briefings, updates and reports to Council by the Mayor, if needed. Information only. Mayor Linville reported that she has scheduled Renee LaCroix, Assistant Public Works Director, to give a report and overview of Whatcom Creek Shoreline policies and at a later meeting. She also reported that she attended a Mayor's meeting 3 weeks ago in Olympia. At the meeting, many mayors asked that the rules for spending State funds be made more flexible. This flexibility would allow for funds to be spent more creatively and give many options for housing. 22209 1. Mayor's Reappointment of Sue Lobland to the Museum Foundation Board (Approval) Gene Knutson / Terry Bornemann moved the Mayor's reappointment of Sue Lobland to the Museum Foundation Board. This is her second term, which will expire on February 11, 2021. MOTION CARRIED 6-0, Vargas excused. City of Bellingham Regular City Council Meeting Page 7 of 11 2/11/2019 Minutes 22210 2. Mayor's Reappointment of Jim McCabe to the Bellingham Public Library Board of Trustees (Approval) Michael Lilliquist / Terry Bornemann moved to approve the Mayor's reappointment of Jim McCabe to the Bellingham Public Library Board of Trustees. Jim McCabe will serve his first full term, which will expire on March 10, 2024, at which time he may be reappointed. MOTION CARRIED 6-0, Vargas excused. 22211 3. Mayor's Reappointment of Alfred Arkley to the Lake Whatcom Watershed Advisory Board (Approval) Terry Bornemann / Michael Lilliquist moved approval of the Mayor's reappointment of Alfred Arkley to the Lake Whatcom Watershed Advisory Board. This is Alfred Arkley's fourth term, which will expire on February 24, 2021, at which time he may be reappointed. MOTION CARRIED 6-0, Vargas excused. 22212 4. Mayor's Reappointment of Kevin Geraghty to the Home Rehabilitation Program Loan Review Board (Information) The Mayor reappoints Kevin Geraghty to the Home Rehabilitation Program Loan Review Board. This is Kevin Geraghty's eighth term, which will expire on March 19, 2023, at which time he may be reappointed. Information only. 22213 5. Mayor's Reappointment of Robert Hendricks to the Citizens' Transportation Advisory Group (Information) The Mayor reappoints Robert Hendricks to the Citizens' Transportation Advisory Group. This is Robert Hendricks' fifth one year term, which will expire on February 3, 2020, at which time he may be reappointed. Information only. 22214 6. Mayor's Appointment of Tom Dohman and Tom Scott to the Mayor's Neighborhood Advisory Commission (Information) The Mayor reappoints Tom Dohman and Tom Scott to the Mayor's Neighborhood Advisory Commission. This is Tom Dohman's first partial term, which will expire on May 7, 2020, at which time he may be reappointed. Information only. This is Tom Scott's first term, which will expire on February 5, 2021, at which time he may be reappointed. Information only. City of Bellingham Regular City Council Meeting Page 8 of 11 2/11/2019 Minutes 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. 22215 1. Authorization of Payroll Labor Cost Payments Related to the Period of January 1 - January 15, 2019 22216 2. Authorization of A/P Checks Issued January 25, 2019 22217 3. Authorization of A/P Checks Issued February 1, 2019 22218 4. A Resolution Setting the Date and Time for a Public Hearing Before the Hearing Examiner for Consideration of a Street Vacation Petition for Dakota Street Between Ferry and Adams Avenues in the Happy Valley Neighborhood Gene Knutson / Terry Bornemann moved final approval of Resolution #2019-06. MOTION CARRIED 6-0, Vargas excused. 22219 5. Authorize the Mayor to Enter Into an Interlocal Cooperative Purchasing Agreement Between the City of Bellingham and the City of Fife Gene Knutson / Terry Bornemann moved approval of the Consent Agenda in its entirety. MOTION CARRIED 6-0, Vargas excused. Final Consideration of Ordinances 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 April Barker / 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: Hammill, Barker, Knutson, Bornemann, Lilliquist, Stone NAYS: (None) EXCUSED: Vargas MOTION CARRIED and was thereafter named Ordinance #2019-02-002. 22179 2. An Ordinance of the City of Bellingham, Washington Amending Bellingham Municipal Code (BMC) 15.36.010 Regarding the City's Policies for Providing Water and Sewer Service Outside the City Corporate Limits City of Bellingham Regular City Council Meeting Page 9 of 11 2/11/2019 Minutes  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: Hammill, Barker, Knutson, Bornemann, Lilliquist, Stone NAYS: (None) EXCUSED: Vargas MOTION CARRIED and was thereafter named Ordinance #2019-02-003. 22181 3. An Ordinance of The City of Bellingham, Washington Amending Bellingham Municipal Code 12.12.280 Regarding Aquatic Invasive Species April Barker / 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: Hammill, Barker, Knutson, Bornemann, Lilliquist, Stone NAYS: (None) EXCUSED: Vargas MOTION CARRIED and was thereafter named Ordinance #2019-02-004. 22184 4. An Ordinance of the City of Bellingham, Washington, Amending Chapter 2.88 of the Bellingham Municipal Code Regarding the Bellingham-Whatcom County Commission Against Domestic Violence, Expanding the Scope of the Commission, and Referring Details of this J Michael Lilliquist / April Barker 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: Hammill, Barker, Knutson, Bornemann, Lilliquist, Stone NAYS: (None) EXCUSED: Vargas MOTION CARRIED and was thereafter named Ordinance #2019-02-005. Adjournment There being no further business, the meeting adjourned at 8:56 PM. Daniel Hammill, Council President City of Bellingham Regular City Council Meeting Page 10 of 11 2/11/2019 Minutes ATTEST: Elisabeth Oakes, City Clerk Representative APPROVED: 2/25/2019 City of Bellingham Regular City Council Meeting Page 11 of 11 2/11/2019 Minutes