City Council - Regular Meeting

City of Bellingham City Council Regular Meeting Minutes May 20, 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 Pinky Vargas, Fourth Ward Council Member Terry Bornemann, Fifth Ward Council Member Michael Lilliquist, Sixth Ward Council Member Hannah Stone, At-Large Public Hearing 22025 1. Public Hearing for Consideration of Amendments to the Bellingham Comprehensive Plan Regarding the Preservation of Manufactured Home Parks Rick Sepler, Planning and Community Development Director, gave a presentation on the Planning Commission recommendations. The goal is to create a policy and include a suite of regulations that could be used to preserve manufactured home parks. Council President Hammill opened the Public Hearing. Public Comment was taken. City of Bellingham Regular City Council Meeting Page 1 of 10 5/20/2019 Minutes  Rick Sepler clarified that the presentation of the legislation brought forth is only to provide policy structure. No manufactured home parks are slated to closed. Gene Knutson / Pinky Vargas moved to accept the recommendations. April Barker / Gene Knutson moved to amend and add back in the original language in policy H, (on pg. 18) that states "Identify and evaluate methods to encourage the preservation of existing manufactured home parks when appropriate to ensure their continued provision of affordable housing..." Michael Lilliquist / Pinky Vargas opposed and would like to discuss further in a subsequent meeting. Gene Knutson withdrew his motion. Terry Bornemann / Gene Knutson moved to postpone the decision of adding in proposed policy language until further discussion at a Planning Committee at the June 3, 2019 meeting. MOTION FAILED 2-5, Barker, Hammill, Lilliquist, Stone, and Vargas opposed. April Barker / Gene Knutson moved to amend the ordinance by adding in the original staff recommendations and language listed on page 18 in the packet: "Policy H - Identify and evaluate methods to encourage the preservation of existing manufactured home parks when appropriate to ensure their continued provision of affordable housing. These methods could include, but are not limited to: Partnering with MHP residents, non-profit agencies and/or the private sector to acquire manufactured home parks, zoning provisions limiting future uses and/or residential density increases on existing manufactured home park sites, requiring inclusionary affordable housing in any future redevelopment of a currently established MHP site, and facilitating the creation of new manufactured home parks. MOTION FAILS 3-4, Bornemann, Lilliquist, Stone, and Vargas opposed. Gene Knutson / Pinky Vargas moved the Planning Committee's recommendations with three changes to the ordinance starting in Section chapter 1: The Housing Chapter of the Bellingham comprehensive plan is hereby amended to include the following text: There are ten manufactured home parks in Bellingham with a total of about 900 spaces. The parks are located in a number of different neighborhoods. All have residential comprehensive plan and zoning designations except Samish Court, located in the Samish Way urban village. These parks, and the units they contain, are some of the most affordable housing in the city. Therefore, it is appropriate to try to preserve all of them. Goal H- Existing manufactured home parks (MHPs) should be preserved. City of Bellingham Regular City Council Meeting Page 2 of 10 5/20/2019 Minutes  Policy H - Identify and evaluate methods to encourage the preservation of existing manufactured home parks to ensure their continued provision of affordable housing. MOTION CARRIED 7-0. There being no further comments, the Public Hearing was closed. 22311 2. Public Hearing and 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 Ted Carlson, Public Works Director, presented information and a 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. Council President Hammill opened the Public Hearing. No public comment was taken and the Public Hearing was closed. Terry Bornemann / Michael Lilliquist moved final approval of Resolution #2019-15. MOTION CARRIED 7-0. 22312 3. Public Works Presentation and Public Hearing Regarding the Draft 2020-2025 Transportation Improvement Program (TIP) Chris Comeau, Transportation Planner, presented the draft Six-Year (2020-2025) Transportation Improvement Plan. The City is required to adopt the TIP annually. Council President Hammill opened the Public Hearing. Public Comment was taken. There being no further comments, the Public Hearing was closed. April Barker / Gene Knutson moved the TIP to a work session at the June 3rd meeting for further discussion. MOTION CARRIED 7-0. 15-Minute Public Comment Period City of Bellingham Regular City Council Meeting Page 3 of 10 5/20/2019 Minutes  Public Comment was taken. Mayor's Report Standing time for briefings, updates and reports to Council by the Mayor, if needed. Information only. 22313 1. Mayor's Appointment of Kendra Bradford to the Sehome Hill Arboretum Board of Governors (Information) The Mayor appoints Kendra Bradford to the Sehome Hill Arboretum Board of Governors to serve her first term, which will expire on May 9, 2022, at which time she may be reappointed. 22314 2. Mayor's Appointment of Dean Haskins to the Mayor's Neighborhood Advisory Commission (Information) The Mayor appoints Dean Haskins to the Mayor's Neighborhood Advisory Commission, as the Alabama Hill Neighborhood Representative, to serve on his first term, which will expire on May 12, 2021, at which time he may be reappointed. 22315 3. Mayor's Reappointment of Marissa McGrath to the Historic Preservation Commission (Approval) Michael Lilliquist/Pinky Vargas moved the Mayor's reappointment of Marissa McGrath to the Historic Preservation Commission to serve her second term, which will expire on May 16, 2022, at which time she may be reappointed. MOTION CARRIED 7-0. Council Standing Committee Meetings: Public Works and Natural Resources Gene Knutson, Chair Terry Bornemann, April Barker 22316 1. Bid Award for 2018 Lake Whatcom Water Quality EV-0159, Bid 10B-2019 Gene Knutson / Michael Lilliquist moved to award Bid No.10B-2019 for 2018 Lake Whatcom Water Quality EV-0159 to Henefin Construction of Bellingham, Washington as the lowest responsive, responsible bidder and to authorize the Mayor to enter into a contract with them for the amount of their bid, which is $549,501.00, which includes any applicable WSST. City of Bellingham Regular City Council Meeting Page 4 of 10 5/20/2019 Minutes  MOTION CARRIED 7-0. 22317 2. A Resolution Authorizing the City to Enter into a Puget Sound Acquisition and Restoration Program Grant for Assisting with the Middle Fork Nooksack River Fish Passage Project Gene Knutson / Pinky Vargas moved final approval of Resolution #2019-16. MOTION CARRIED 7-0. Planning and Community Development April Barker, Chair Terry Bornemann, Michael Lilliquist 22256 1. Discussion of Potential Ordinance Regarding Restrictive Covenants Related to Grocery Stores April Barker / Michael Lilliquist moved to direct staff to proceed with the type VI process to develop an ordinance that that prohibits restrictive covenants except when those restrictive covenants both short in duration and limited in distance, and to have the ordinance look at allowing restrictive covenants in a single managed entity so long as that restriction does not outlast the use that is being protected, and that staff bring back a draft ordinance as a check in before it proceeds through with the type VI process to the Planning Commission. Peter Ruffatto, City Attorney, advised changes to the motion for procedural reasons. April Barker/Michael Lilliquist moved to amend to her original motion to ask for draft language not necessarily in ordinance format. MOTION CARRIED 7-0. April Barker / Michael Lilliquist moved to strike the request to initiate a Type VI process at this time, deferring that decision until after consideration of draft language. MOTION CARRIED 7-0. Main motion, as amended, CARRIED 7-0. 22293 2. An Ordinance Amending the Samish Way Urban Village (SWUV) Subarea Plan and Corresponding Development Regulations April Barker / Gene Knutson moved to change the example picture for the future on- street parking and to improve the language to prioritize bicycles and safety of bicycles. City of Bellingham Regular City Council Meeting Page 5 of 10 5/20/2019 Minutes  MOTION CARRIED 7-0. April Barker / Michael Lilliquist moved to amend the Permitted Uses Table 20.37.120 - Permitted Uses (p. 202 in the packet) to not allow uses A, B, C, E, and F, in the Commercial Core for the Samish Way Urban Village Plan and to add updating the other urban village plan to the running list of the planning tasks and remove other single family types and low density detached housing types from the Commercial Code. MOTION CARRIED 7-0. April Baker / Michael Lilliquist moved first and second reading and to bring back language to raise the threshold of the FAR bonus and find an equivalent environmental level that is higher and bring that language back before third and final reading for consideration. (Listed in Table 20.37.130 (B) on p. 204 of the packet.) MOTION CARRIED 7-0. City Council Special Meeting 22318 1. Consideration of a Street Vacation of the Entire Portion of Dakota Avenue Between Ferry and Adams Avenues in the Happy Valley Neighborhood Michael Lilliquist / Gene Knutson moved first and second reading of the ordinance to vacate the right-of-way and accepting the Hearing Examiner's recommendations and full compensation. MOTION CARRIED 7-0. Finance, Personnel and Economic Development Pinky Vargas, Chair Michael Lilliquist, Hannah Stone 22319 1. An Ordinance Amending the 2019-2020 Biennial Budget, Adding One Position and Increasing Appropriation Authority in the Development Services Fund Pinky Vargas / April Barker moved for first and second reading. MOTION CARRIED 7-0. Justice Hannah Stone, Chair April Barker, Pinky Vargas 22155 1. Reducing Young Adult Incarceration City of Bellingham Regular City Council Meeting Page 6 of 10 5/20/2019 Minutes  Presentation during Committee. Hannah Stone / Terry Bornemann moved to work with the Council President Hammill and the Mayor's office to draft a letter of support of the Whatcom County Health Board's resolution on supporting youth and young adult resilience efforts to reduce exposure to the criminal justice system. MOTION CARRIED 7-0. 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. 22320 1. A Presentation by Bellingham Whatcom County Tourism on the County-Wide Wayfinding System Presentation during Committee. Information only. 2. Approval of Minutes Gene Knutson / Michael Lilliquist moved approval of the May 6, 2019 minutes of the regular City Council meeting as submitted. MOTION CARRIED 7-0. 3. Old/New Business Mayor Linville reported that she met with the Governor Inslee's wife, Trudi, today. She shared the City's Resolution that included a proclamation about gun control. Also, during the meeting the Mayor shared that a group of young women, will be demonstrating on June 1, 2019 about reproductive rights. The Mayor asked Trudi Inslee if she would write a letter of support to the group and she agreed. Hannah Stone serves as the liaison for the Bellingham School District and reported that she attended the Latino Education Summit at the Bellingham High School this past weekend. There were over 850 attendees and graduates were recognized. It was a wonderful event full of good entertainment and food. Executive Session – Report and Action only. City of Bellingham Regular City Council Meeting Page 7 of 10 5/20/2019 Minutes  Litigation: Appeal of Critical Areas Permit CAP 2019-0059: Staff provided information on a litigation matter. For information and discussion. No action taken. Potential Litigation: Staff provided information on a potential 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. 22321 1. Authorization of Payroll Labor Cost Payments For the Period of April 1 - April 15, 2019 22322 2. Authorization of A/P Checks Issued May 3, 2019 22323 3. Authorization of A/P Checks Issued May 10, 2019 Gene Knutson / April Barker moved approval of the Consent Agenda in its entirety. MOTION CARRIED 7-0. Final Consideration of Ordinances 22284 1. An Ordinance Relating to the Vacation of a Southeasterly Portion of Rimland Drive Abutting Specific Parcel 14, Barkley Specific Binding Site Plan No. 1 of 3rd Amendment to Barkley General-Specific Binding Site Plan No. 2 Within the City of Bellingham This item was pulled from the agenda. 22298 2. 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 for Firefighter Salary Increases Pinky Vargas / 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, Vargas, Bornemann, Lilliquist, Stone NAYS: (None) EXCUSED: (None) City of Bellingham Regular City Council Meeting Page 8 of 10 5/20/2019 Minutes  MOTION CARRIED and was thereafter named Ordinance #2019-05-014. 22299 3. An Ordinance Amending the 2019-2020 Adopted Biennial Budget Reconciling the Differences Between Estimated 2019 Beginning Reserve Balances and Actual 2019 Beginning Reserve Balances and Applying the Differences to the Ending Reserve Balances Terry Bornemann / 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, Vargas, Bornemann, Lilliquist, Stone NAYS: (None) EXCUSED: (None) MOTION CARRIED and was thereafter named Ordinance #2019-05-015. 22300 4. 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 Terry Bornemann / Pinky Vargas 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, Vargas, Bornemann, Lilliquist, Stone NAYS: (None) EXCUSED: (None) MOTION CARRIED and was thereafter named Ordinance #2019-05-016. 22301 5. An Ordinance Authorizing Closure of the Paths and Trails Reserve Fund and Transfer of the Fund Balance to the Street Fund 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, Vargas, Bornemann, Lilliquist, Stone NAYS: (None) EXCUSED: (None) MOTION CARRIED and was thereafter named Ordinance #2019-05-017. City of Bellingham Regular City Council Meeting Page 9 of 10 5/20/2019 Minutes Adjournment There being no further business the meeting adjourned at 10:04 PM. Daniel Hammill, Council President ATTEST: Elisabeth Oakes, City Clerk Representative APPROVED: 6/3/2019 City of Bellingham Regular City Council Meeting Page 10 of 10 5/20/2019 Minutes