City Council - Regular Meeting

City of Bellingham City Council Regular Meeting Minutes 08/10/2015, 7:00 PM Mayor Kelli Linville Contact: (360) 778-8200, ccmail@cob.org Council Members Jack Weiss, Gene Knutson, Daniel www.cob.org/council Hammill, Pinky Vargas, Terry Bornemann, Michael Lilliquist All meetings are held in the City Hall Council Chambers at and Roxanne Murphy 210 Lottie Street, Bellingham, WA unless otherwise noted. The following items are heard in the Regular Meeting only: Call to Order The meeting was called to order by Council President Knutson 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 Rick Sepler Roll Call Present: Jack Weiss, Council Member, First Ward Gene Knutson, Council Member, Second Ward Daniel Hammill, Council Member, Third Ward Pinky Vargas, Council Member, Fourth Ward Terry Bornemann, Council Member, Fifth Ward Michael Lilliquist, Council Member, Sixth Ward Roxanne Murphy, Council Member, At Large Excused: 15-Minute Public Comment Period James, addressed the Council and updated them about systemic contributions to homelessness. City of Bellingham Regular City Council Meeting Page 1 of 9 8/10/2015  Frank Youngblood, asked the Council for help to make changes to his neighborhood that would include improvements to the infrastructure along Indian Street. He appreciates the name change of the street and provided ideas to Council on changing the feel of the neighborhood. Judy Collins, updated the Council on the status of her lack of water at her residence. She would like to be included in the UGA in the hopes she will obtain City water service. Jackie James, asked the Council to change the zoning requirements for small livestock. Her neighbors have goats and she reported that the property is not large enough to accommodate the animals and there are unpleasant consequences to their presence. Patrick McKee, addressed the median population growth that the Planning Committee recommended. He spoke against that decision. He feels they should adopt the low population figure because there is not enough land and it would lower costs for infrastructure. Public Hearing 20922 1. Consideration of an Application for a Bureau of Justice Grant in the Amount of $21,213.00. Council President Knutson opened the public hearing. Chief Cook addressed the Council and clarified what the intended software purchase would be used for. Flo Simon, Deputy Chief, gave a presentation on the specific software features that the grant would be used for. Janet Marino, Executive Director of Whatcom Peace and Justice Center, appreciated how the software will not be collecting personal data, but is not convinced this will help reduce violent crime in the city. Scott Lepple, spoke about his experience with selling software and urged the Police department to take their time and shop more and ask more questions. He relayed that those procedures would get them a better product for their money. Rosalinda Guillen, spoke against the purchase of this software. Larry Hildes, urged the Police Department not to purchase the software. He expressed that Bellingham is not a violent crime community and does need to track its citizens. City of Bellingham Regular City Council Meeting Page 2 of 9 8/10/2015  Karen Weill, conveyed that she does not want the City to be funding the software after the first year. She also felt there need to be more notice about the public hearing. Kim Harris, representative of Racial Justice Coalition reported that the coalition thought the software would promote racial profiling. She asked the Council to vote against the purchase of the software until more data can be obtained. She also felt that the software will give inaccurate data and is unnecessary for the Bellingham Police Department. Edward Alexander, disagreed with the process of purchasing this software and felt there should have been more notice for the public hearing. Dean Tuckerman, emphatically addressed the Council against the software. Robert Tobias, asked the question why the Police Department would purchase the software and why they need it. Alan Krum, relayed his experience in developing software. He explained the software is not racial profiling but lists where the crime happened and what time it happened. In his opinion, the software is not being used to create patterns to predict crime. Joy Gilfellen, objected to the process of purchasing software and a public hearing after the purchase. Richard Conoboy, conveyed that he would be in favor of the software if it's used the way it's prescribed. He feels predictive policing may be problematic because it's not the information, but how it would be used. Anna Walters, spoke against the software purchase. Lindsey McDonald, considers the software unnecessary and would like to see more money spent for diversion programs. Jenna Subedoor, felt the software is not going to be useful for the cost. Chief Cook answered questions that the Council asked. There being no further comments, the public hearing was closed. 20923 2. Public Hearing on the Adoption of an Emergency Ordinance Establishing Interim Zoning for the Cultivation of Medical Marijuana City of Bellingham Regular City Council Meeting Page 3 of 9 8/10/2015  for Personal Use and a Moratorium on Collective Gardens and Cooperatives Council President Knutson opened the public hearing. Kurt Nabbefeld, Senior Planner, addressed the Council. He reported staff recommends the Council reaffirm the rules of the ordinance and maintain Emergency Ordinance #2015-06-022. No citizens spoke and the public hearing was closed. Public Works / Public Safety 20924 1. Bid Award for Water Quality for Padden Estuary (EV-0106), Bid #48B- 2015 Terry Bornemann/Roxanne Murphy moved to award Bid No.48B-2015 for Water Quality for Padden Estuary to Faber Construction Corporation of Lynden, 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 $1,197,144.53, which includes any applicable WSST. MOTION CARRIED 7-0. 20925 2. Adoption of the All Hazards Mitigation Plan Terry Bornemann/Michael Lilliquist moved to adopt the updated plan. MOTION CARRIED 7-0. 20926 3. Interlocal Agreement with Whatcom County for Stormwater Maintenance Services in Lake Whatcom Watershed Area and City's Urban Growth Areas (UGA) Terry Bornemann/Pinky Vargas moved to approve the Interlocal Agreement. MOTION CARRIED 7-0. 20927 4. Commercial Street Parking Garage Improvement Project Update Information only. Planning 20898 1. A RESOLUTION REGARDING THE UPDATE TO BELLINGHAM'S COMPREHENSVIE PLAN AND PROVIDING RECOMMENDATIONS TO WHATCOM COUNTY REGARDING 2036 POPULATION AND City of Bellingham Regular City Council Meeting Page 4 of 9 8/10/2015  EMPLOYMENT GROWTH ALLOCATIONS AND POTENTIAL CHANGES TO THE CITY'S URBAN GROWTH BOUNDARY Council Member Weiss reported the Committee recommended the staff draft a resolution to adopt the medium population growth forecast and a high growth forecast for employment. The Committee will discuss further at the next meeting on August 31, 2015. Finance and Personnel 20928 1. Grant Award for 2014 FEMA Assistance to Firefighters AN ORDINANCE AMENDING THE 2015/2016 ADOPTED BUDGET INCREASING REVENUE IN THE GENERAL FUND BY $51,088.00 FOR A FEMA ASSISTANCE TO FIREFIGHTERS GRANT AWARD, REALLOCATING $5,188.00 IN EXPENDITURES IN THE FIRE DEPARTMENT GENERAL FUND, AND APPROPRIATING $57,068.00 FOR THE PURCHASE OF A VEHICLE FOR THE COMMUNITY PARAMEDIC PROGRAM Michael Lilliquist/Roxanne Murphy moved approval for first and second reading. MOTION CARRIED 7-0. Lake Whatcom Reservoir and Natural Resources 20929 1. Rose Foundation Grant Award for $200,000 for the City's Little Squalicum Creek Estuary Restoration Project Dan Hammill/Jack Weiss moved to accept the Grant Award. MOTION CARRIED 7-0. Parks and Recreation Information only. 20930 1. Park Operations Update Information only. Committee Of The Whole 20884 1. Adding a Conflict of Interest Clause to the City Council Rules of Procedure RESOLUTION ADDING A CODE OF CONDUCT - CONFLICT OF INTEREST SECTION TO THE BELLINGHAM CITY COUNCIL RULES OF PROCEDURE City of Bellingham Regular City Council Meeting Page 5 of 9 8/10/2015  Gene Knutson/Terry Bornemann moved final approval of Resolution #2015-12. MOTION CARRIED 7-0. 20931 2. Extension and Renewal of an Emergency Ordinance Creating Interim Zoning for the Establishment of Facilities Producing, Processing and Retailing Recreational Marijuana AN ORDINANCE OF THE CITY OF BELLINGHAM, WASHINGTON, RELATING TO LAND USE AND ZONING; DECLARING AN EMERGENCY; ADOPTING AND RENEWING INTERIM ZONING REGULATIONS FOR THE SITING, ESTABLISHMENT, AND OPERATION OF ANY STRUCTURES OR USES RELATING TO THE PRODUCTION, PROCESSING, OR RETAILING OF RECREATIONAL MARIJUANA (SPECIFICALLY EXCLUDING MEDICAL MARIJUANA OR MEDICAL CANNABIS); AND SETTING SIX MONTHS AS THE EFFECTIVE PERIOD OF THE INTERIM ZONING TO ALLOW CITIZENS TO APPLY FOR LICENSES FROM THE WASHINGTON STATE LIQUOR CONTROL BOARD TO PRODUCE, PROCESS, OR RETAIL RECREATIONAL MARIJUANA IN THE CITY WHILE THE CITY STUDIES THE LAND USE IMPACTS OF SUCH USES Terry Bornemann/Roxanne Murphy moved final approval of Emergency Ordinance #2015-08-034. MOTION CARRIED 7-0. A public hearing will be held within 60 days. 20932 3. Report on the Status and Next Steps for the Rental Registration and Safety Inspection Program Implementation Information only. 20933 4. Second Quarter Financial Report Information only. 20939 5. Whatcom County Jail Proposal and Alternatives Moved to Old/New Business. 6. Approval of Minutes Michael Lilliquist/Dan Hammill moved approval of the July 27, 2015 minutes of the regular City Council meeting as submitted. MOTION CARRIED 7-0. City of Bellingham Regular City Council Meeting Page 6 of 9 8/10/2015  7. Old/New Business Mayor Linville reported the County Council amended the adopted ordinance on the Incarceration Prevention and Reduction Task Force based on recommendations the Mayor requested. Executive Session - Report and Action Only 1. Litigation: Hollier v. City of Bellingham (Brady) Direction given. No action taken. 2. Potential Litigation: Claim No. 2015-21 (Kraham) Claim no. 2015-21. The Council entertained a motion to authorize the Mayor to enter into a settlement agreement with the following general terms; 1) the city will pay the claimant the sum of $25,659.04 for damages related to the installation of a water meter, (2) the claimant will waive its actual and potential claims against the city, and (3) the claimant will release the city from any additional liability. Jack Weiss/Terry Bornemann moved to approve the settlement agreement. MOTION CARRIED 7-0. 3. Potential Litigation Direction given. No action taken. Mayor's Report Standing time for briefings, updates and reports to Council by the Mayor, if needed. Information only. The Mayor proposed a working group to review the City's performance metrics as part of the Legacies and Strategic Commitments. The current software being used for performance metrics is expiring and the working group's main focus will be on evaluation of that software. Council Member Bornemann and Council Member Lilliquist volunteered to be a part of the working group. 20934 1. Mayor's Appointment of Skylar Hinkley to the Greenway Advisory Committee (Approval) Michael Lilliquist/Pinky Vargas moved to approve the Mayor's appointment of Skylar Hinkley to the Greenway Advisory Committee. MOTION CARRIED 7-0. City of Bellingham Regular City Council Meeting Page 7 of 9 8/10/2015  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. 20935 1. AN ORDINANCE AMENDING THE 2015/2016 ADOPTED BUDGET, REALLOCATING GENERAL FUND EXPENDITURES AND APPROPRIATING FUNDS FROM ESTIMATED ENDING RESERVES IN THE DEVELOPMENT SERVICES FUND, TO PROVIDE FOR THE RECLASSIFICATION OF ONE POSITION IN THE PLANNING DEPARTMENT 20936 2. Authorization for the Mayor to enter into an Interlocal Agreement with the Department of Ecology for the Local Source Control Program 20937 3. Authorization of A/P checks issued July 24, 2015 20938 4. Authorization of A/P checks issued July 31, 2015 Terry Bornemann/Roxanne Murphy moved approval of the Consent Agenda in its entirety. MOTION CARRIED 7-0. Final Consideration of Ordinances 20904 1. An Ordinance Relating to the 2015 Budget Appropriating an Additional $35,000 from Estimated Ending Restricted Reserves in the Library Gift Fund AN ORDINANCE AMENDING THE 2015/2016 ADOPTED BUDGET, APPROPRIATING $35,000.00 FROM ESTIMATED ENDING RESERVES IN THE LIBRARY GIFT FUND FOR THE PURCHASE OF DIGITAL MEDIA, STAFF DEVELOPMENT AND SUMMER READING SOFTWARE Jack Weiss/Roxanne Murphy 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: BORNEMANN, HAMMILL, KNUTSON, LILLIQUIST, MURPHY, VARGAS, WEISS NAYS: EXCUSED: MOTION CARRIED and was thereafter named Ordinance #2015-08-033 City of Bellingham Regular City Council Meeting Page 8 of 9 8/10/2015  Adjournment There being no further business, the meeting adjourned at 9:15 PM ____________________________________________ Gene Knutson, Council President ____________________________________________ ATTEST: Elisabeth Oakes, City Clerk Representative APPROVED: August 31, 2015 City of Bellingham Regular City Council Meeting Page 9 of 9 8/10/2015