City Council - Regular Meeting

City of Bellingham City Council Regular Meeting Minutes May 6, 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 Pro-tem Michael 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. On May 20 at 7:00 PM in the City Council Chambers, there will be a public hearing on the draft 2020-2025 6-Year Transportation Improvement Program (TIP) 2. On May 20 at 7:00 PM in the City Council Chambers, there will be a Public Hearing on a proposed resolution authorizing relinquishment of a portion of surplus utility easement located in the vacated easterly 10-foot portion of the Moore Street right-of-way, between Edwards Street and the South Line of Jones Donation Claim 3. On May 20, 2019 at 7:00 PM in the City Council Chambers, there will be a Public Hearing for consideration of amendments to the Bellingham Comprehensive Plan regarding the preservation of Manufactured Home Parks Pledge of Allegiance Led by Council President Pro-tem Michael Lilliquist. Roll Call Present: 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 Excused Council President Daniel Hammill, Third Ward Council Member Hannah Stone, At-Large City of Bellingham Regular City Council Meeting Page 1 of 11 5/6/2019 Minutes Public Hearing 22293 1. A Public Hearing to Consider an Ordinance Amending the Samish Way Urban Village (SWUV) Subarea Plan and Corresponding Development Regulations Darby Cowles, Senior Planner, gave a brief overview of the project and stated it is part of the Comprehensive Plan docket. Staff recommendations were presented. Current conditions and improvements were listed on a map distributed to Council. Major changes proposed include: #1, move Aloha property into the Core (changing the height limits under Phase 1), #2, focus the required ground floor commercial which would include flexibility by adding on-street parking to the roadway, #3, clarify and update the right-of-way dedication and street improvement requirements, #4, expand allowable housing types and density in residential transition (RT) areas, and #5, increase allowable floor area bonus in the Commercial Core. Council President Pro-tem Michael Lilliquist, opened the Public Hearing. Dana Briggs, urged the City to implement measures such as rent control and mandates to create more affordable housing options. David Welch, objected to a "building boom" that Bellingham has entered. He is concerned about the capacity for utilities, emergency street access, and the environmental impact of building a multi-family dwelling with 160 units. Matt Buckmaster, expressed concern about the high impact of building and traffic. Anne Mackie, gave history on her work with the Sehome and York Neighborhood associations regarding this project. She feels it is an excellent example of community involvement. Darcie Davenport, resident of 20 years, is concerned about the increase of transient residents. She shared that she feels they do not respect the neighborhood because they are not as invested. She has concerns about increasing the amount of people and how that will reduce traffic flow. It will increase noise pollution. She stated these are all impacts of increased infill into the neighborhood and reducing the quality of life for those who currently live there. City of Bellingham Regular City Council Meeting Page 2 of 11 5/6/2019 Minutes  Brian Thane, Executive Director of Bellingham Housing Authority, enthusiastically supports this project. He thanked Council for flexibility for the building height for Phase 1. Eva Chazo, objected to the redevelopment of Samish Way. She feels the project is not a good idea to stack people in a concentrated area. She stated there is no thought of infrastructure and what it can handle. Jose Chazo, listed things he objected to in the Plan. He feels there is not a lot of easily accessible information regarding the Plan. He also objects to the closure of one traffic lane and more people in the area. He feels that will increase congestion, block views, and that creating a "skyscraper" is not appropriate for the area. Lisa Anderson, lives near the transitional area for the urban village. Because the neighborhood associations worked to preserve the single-family neighborhoods and their character, they decided that the Samish Way Aloha site would be ideal to provide mixed-use housing. She feels it is appropriate use of space. Yoshe Revelle, suggested that all persons in Bellingham are connected. He feels there is no ownership and we are stewards of our environment and too "human centric." 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. Terry Bornemann / Gene Knutson moved to refer the issue to the Planning and Community Development committee for a work session. April Barker suggested they discuss the traffic patterning. Pinky Vargas stated that the project will help to accommodate the housing need. We have to have variability in the housing types. MOTION CARRIED 5-0, Dan Hammill and Hannah Stone excused. 22244 2. Public Hearing to Consider Surplus Property Declaration for the Sportsplex Building and Determination of Method of Disposition Leslie Bryson, Parks Director, introduced the Public Hearing to consider a surplus property declaration for the Sportplex Building and determined the method of disposition through a negotiated sale. She introduced Chet Lackey, President of WSR (Whatcom Sports and Recreation). He presented an improvements list to the proposed project of the property. Council President Pro-Tem, Michael Lilliquist, opened up the Public Hearing. City of Bellingham Regular City Council Meeting Page 3 of 11 5/6/2019 Minutes  Dana Briggs, voiced concerns of affordability for low income persons to access the facility. Yoshe Revelle, gave his philosophies on money and nature. Council President Pro-Tem, Michael Lilliquist, closed the Public Hearing. Gene Knutson / April Barker moved to approve to direct administration to declare a property surplus and direct disposition by negotiated sale. MOTION CARRIED 5-0, Dan Hammill and Hannah Stone excused. 15-Minute Public Comment Period Dana Briggs, spoke in support of protecting the environment. Yoshe Revelle, conveyed that he believes there is a correlation between climate change and an ecosystem collapse. Ken Domorod, reported about his experience at an Alderwood neighborhood meeting. The meeting was held to discuss the latest annexation. He thanked Council Members Michael Lilliquist and Hannah Stone for attending and making themselves available. He stated that the area being annexed is currently represented by County Council members and those Council members were not able to attend. The time and date of the meeting were held during a time when there was a County Council meeting. By his estimation, a disproportionate amount of questions asked at the meeting were met with dubious answers. He feels many questions remain unanswered and will create a deficit to the City budget. Joseph McDonald, relayed history on the bathroom at Boulevard Park being closed. He noted that he brought up the topic 8 months ago. He feels the port-o-potties are not a good option. The restrooms near the Woods Coffee facility are not adequate. Warren Sheay, complained that the latest unattractive apartment buildings that have been built are not compliant with design standards. He also stated that current design standards are in place but are not working. He feels the standards need to be overhauled and diligently applied. Alex McLean, passed out information regarding a committee meeting he attended. He discussed how the Whatcom Creek presentation was very informative. He also reminded Council that it has been a year that the bus barn location was first discussed. Although he has given recommendations and options, but nothing changed. The Bellingham School District's bus barn project is scheduled to go to bid on May 14, 2019. City of Bellingham Regular City Council Meeting Page 4 of 11 5/6/2019 Minutes  Reece Fawler, recommended that more bike racks be made available on buses. He recommended that scooters are a better option. Mayor's Report Standing time for briefings, updates and reports to Council by the Mayor, if needed. Information only. Brian Heinrich, Deputy Administrator, asked Rick Sepler, Planning and Community Development Director, to speak to the annexation of the Alderwood area. The meeting that was held last month with the Alderwood neighborhood residents was well attended and many questions were asked. The Planning and Community Development department staff will be working to address the issues raised and hold another meeting in September that will include County Council Members. The City's web page is available with information on the Alderwood annexation. Leslie Bryson, Parks Director, shared the status of the bathroom service on the north end of Boulevard Park. The bathrooms were closed 2 years ago due to a failed sewer line. Those restrooms were located in the shoreline set back area and the clean-up effort of the State Street Manufactured Gas Plant. The City is not able to reopen those bathrooms but are looking to build additional bathrooms in a different location within the park. 22294 1. Mayor's Appointment of Byron Manering to the Bellingham-Whatcom County Commission on Sexual and Domestic Violence (Information) The Mayor appoints Byron Manering to his first partial term, on the Bellingham- Whatcom County Commission on Sexual and Domestic Violence. His term will expire on January 31, 2022, at which time he may be reappointed. Information only. Council Standing Committee Meetings: Public Works and Natural Resources Gene Knutson, Chair Terry Bornemann, April Barker 22097 1. Industrial Wastewater Pretreatment Program Discussion during Committee. The resolution authorizes the Mayor to submit the City's draft Industrial Wastewater Pretreatment Program Ordinance (found in the City Council packet) to the Department of Ecology for approval. Once approval from the Department of Ecology is granted, the ordinance will be brought back to Council for a vote. City of Bellingham Regular City Council Meeting Page 5 of 11 5/6/2019 Minutes  Gene Knutson / Pinky Vargas moved final approval of Resolution #2019-12. MOTION CARRIED 5-0, Dan Hammill and Hannah Stone excused. 21868 2. Presentation to City Council Regarding the Current Status of the Stormwater Utility Comprehensive Plan Update The Public Works Natural Resources Division is in the process of updating the Stormwater Comprehensive Plan. An update was given during Committee. Information only. 22295 3. Whatcom Creek Improvements Presentation during Committee. Renee LaCrois, Assistant Director of Natural Resources, provided information on the Whatcom Creek improvements since the Olympic Pipeline Incident of 1999 including habitat restoration and opportunities for the future. Steve Sundin, Senior Planner, presented the regulatory and financial framework that affects the City's investments to improve Whatcom Creek including the Shoreline Master Plan restoration goals and stormwater requirements. April Barker / Gene Knutson moved to request the Mayor to work with staff to bring back an agenda item to the Planning and Community Development Committee for discussion of potential incentive options for property owners along Whatcom Creek to fast track restoration and preservation. MOTION CARRIED 5-0, Dan Hammill and Hannah Stone excused. 22296 4. Public Works Presentation and Public Meeting Regarding the Horton Road Phase 1 Project and Section 4(F) Exemption Presentation during Committee. Chad Schulhauser, Assistant Public Works Director of Engineering, provided detail and a timeline for the project. City Council asked questions and had a public discussion on the project. Information only. Planning and Community Development April Barker, Chair Terry Bornemann, Michael Lilliquist 22177 1. Potential Sale of Surplus Property for Affordable Housing Discussion during Committee. On October 22, 2018, Council declared 3 parcels as surplus to the City's needs. On January 28, 2019, Council directed staff to assess the level of interest from non-profit housing providers. City of Bellingham Regular City Council Meeting Page 6 of 11 5/6/2019 Minutes  April Barker / Gene Knutson moved to direct staff to request full proposals from interested nonprofit housing agencies on 2 of the parcels, Texas Street and Samish Hill. MOTION CARRIED 5-0, Dan Hammill and Hannah Stone excused. Public Safety Terry Bornemann, Chair Gene Knutson, Hannah Stone 22297 1. Annexation Mitigation Agreement with Whatcom County Fire District 4 Terry Bornemann / Gene Knutson moved to authorize the Mayor to enter into an interlocal agreement between Whatcom County Fire District 4 and the City of Bellingham. MOTION CARRIED 5-0, Dan Hammill and Hannah Stone excused. Finance, Personnel and Economic Development Pinky Vargas, Chair Michael Lilliquist, Hannah Stone 22298 1. An Ordinance Amending the 2019-2020 Biennial Budget Transferring Funds Between Departments Within the General Fund and Increasing Appropriation Authority in the Medic One Fund Pinky Vargas / April Barker moved for first and second reading. MOTION CARRIED 5-0, Daniel Hammill and Hannah Stone excused. 22299 2. An Ordinance Reconciling the 2019 Beginning Reserve Balances and Actual Beginning Reserve Balances Pinky Vargas / Gene Knutson moved for first and second reading. MOTION CARRIED 5-0, Daniel Hammill and Hannah Stone excused. 22300 3. An Ordinance Amending the 2019-2020 Biennial Budget, Increasing Appropriation Authority in Various Funds to Pay for Goods and Services Authorized in the Previous Biennium Pinky Vargas / Gene Knutson moved for first and second reading. MOTION CARRIED 5-0, Dan Hammill and Hannah Stone excused. City of Bellingham Regular City Council Meeting Page 7 of 11 5/6/2019 Minutes 22301 4. An Ordinance Authorizing Closure of the Paths and Trails Reserve Fund and Transfer of the Fund Balance to the Street Fund Pinky Vargas / April Barker moved for first and second reading. MOTION CARRIED 5-0, Dan Hammill and Hannah Stone excused. Parks and Recreation Michael Lilliquist, Chair Gene Knutson, Pink Vargas 22302 1. Park Operations Update Discussion during Committee. Steve Janiszewski, Park Operations manager, provided information that covered project updates, dog waste program, computerized maintenance management (CityWorks), volunteer program, water conservation, and community partnerships. A plan to improve positive activity in Cornwall Park was also discussed. A work group consisting of stakeholders have come up with a prioritized list of improvements to park infrastructure, programming, and public education/outreach. Information only. 22303 2. Consideration of a Donation to Construct a Parking Lot Expansion at Galbraith Lane and Old Samish Way in Lake Padden Park Michael Lilliquist / Pinky Vargas moved to accept the donation of the Whatcom Mountain Bike Coalition design, permitting and construction of the parking lot in this location. MOTION CARRIED 5-0, Dan Hammill and Hannah Stone excused. Committee Of The Whole Daniel Hammill, Chair April Barker; Gene Knutson; Pinky Vargas; Terry Bornemann; Michael Lilliquist, Hannah Stone Please be advised that if the City Council is ahead of schedule, they may start with old/new business before the official Committee of the Whole meeting time. 22304 1. Resolution Honoring the Sikh Community Michael Lilliquist / Terry Bornemann moved final approval of Resolution #2019-13. City of Bellingham Regular City Council Meeting Page 8 of 11 5/6/2019 Minutes  MOTION CARRIED 5-0, Dan Hammill and Hannah Stone excused. 22305 2. Discussion of Housing Affordability-Related Legislation Presentation during Committee. Highlights from the 2019 Legislative session regarding affordable housing legislation was discussed. Information only. 22306 3. Resolution Authorizing 2019 HUD Annual Action Plan Michael Lilliquist / Gene Knutson moved final approval of Resolution #2019-14. MOTION CARRIED 5-0, Dan Hammill and Hannah Stone excused. 22307 4. Bellingham Police Unmanned Aircraft System (UAS) Operations Presentation during Committee. David Doll, Police Chief and Don Almer, Lieutenant, shared ways in which Unmanned Aircraft Systems (UAS) aid in public service operations. They clarified that UAS are not drones. Policy regarding the use of UAS was presented and explained that they are under Warrant Authority. Information only. 5. Approval of Minutes Gene Knutson / Terry Bornemann moved approval of the April 22, 2019 minutes of the regular City Council meeting as submitted. MOTION CARRIED 5-0, Dan Hammill and Hannah Stone excused. 6. Old/New Business Gene Knutson outlined the rules for the Public Comment period. He emphasized that persons need to speak to specific issues and abide by the rules. Michael Lilliquist brought attention to the legislative actions outlined by the Associated Students of WWU. Executive Session – Report and Action only. 1. Potential Property Acquisition Staff provided information on the potential acquisition of a 12-acre property owned by Lebeau 1984 Family Trust 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. City of Bellingham Regular City Council Meeting Page 9 of 11 5/6/2019 Minutes  Terry Bornemann / April Barker moved to authorize the purchase of the 12-acre parcel for the assessed value of $775,000, with closing to take place on May 15, 2019. MOTION CARRIED 5-0, Dan Hammill and Hannah Stone excused. 2. Labor Relations: Discussion of bargaining strategy (Johnson, 10 mins) Discussion of bargaining strategy for 114, 114F, 114L, WhatCOMM and Teamsters 231. Staff provided information on a labor relations matter. For information, discussion, and direction. No action taken. 3.. Litigation: Appeal of Critical Areas Permit CAP2019-0059 Staff provided information on a litigation matter. For information and discussion. No action taken. 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. 22308 1. Authorization of A/P Checks Issued April 19, 2019 22309 2. Authorization of A/P Checks Issued April 26, 2019 Gene Knutson / April Barker moved approval of the Consent Agenda in its entirety. MOTION CARRIED 5-0. Final Consideration of Ordinances 22282 1. An Ordinance Relating to the Vacation of an Easterly Portion of South State Street Abutting Lots 1-5, Block 4, Town of Bellingham Plat and A Portion of Easton Avenue Abutting Aforementioned Portion of South State Street within the City of Bellingham 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: Barker, Knutson, Vargas, Bornemann, Lilliquist NAYS: (None) EXCUSED: Hammill, Stone MOTION CARRIED and was thereafter named Ordinance #2019-05-011 City of Bellingham Regular City Council Meeting Page 10 of 11 5/6/2019 Minutes 22279 2. An Ordinance Regarding Public Works Permits for Use of City Right-of-Way; Amending the Bellingham Municipal Code as Follows: Repealing Chapter 6.08 (Carnivals and Sidewalk Vending); Amending Chapter 13.12 (Street Obstruction Permits); Repealing and Replac 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: Barker, Knutson, Vargas, Bornemann, Lilliquist NAYS: (None) EXCUSED: Hammill, Stone MOTION CARRIED and was thereafter named Ordinance #2019-05-012 22286 3. An Ordinance Amending Council Ward Boundaries to Include Approximately 250 Acres of Recently Annexed Property 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: Knutson, Vargas, Bornemann, Lilliquist NAYS: Barker EXCUSED: Hammill, Stone MOTION CARRIED and was thereafter named Ordinance #2019-05-013 Adjournment There being no further business, the meeting adjourned at 9:18 PM. Daniel Hammill, Council President ATTEST: Elisabeth Oakes, City Clerk Representative APPROVED: 5/20/2019 City of Bellingham Regular City Council Meeting Page 11 of 11 5/6/2019 Minutes