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City Council - Regular Meeting

Regular Meeting

Bellingham, WA · December 5, 2016

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Minutes

City of Bellingham City Council Regular Meeting Minutes 12/05/2016, 7:00 PM Mayor Kelli Linville Contact: (360) 778-8200, ccmail@cob.org Council Members April Barker, 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. Call to Order The meeting was called to order by Council President Vargas 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 Vargas. Roll Call Present: April Barker, 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 Olga Prado, Vice President of the Blue Group, reported that in the past few weeks, the Blue Group has begun seeking support and a plan of action for protection for undocumented immigrants. They have created a petition for Western Washington University to become a sanctuary campus and have received support from faculty and students. City of Bellingham Regular City Council Meeting Page 1 of 7 12/5/2016 Jose Carrillo, addressed concerns about undocumented citizens. He asked that the City of Bellingham become a sanctuary city. He also spoke to the concerns about funding and federal laws that affect sanctuary cities. He requested that Bellingham join other cities in becoming a sanctuary city. Victoria Matay, gave testimony about her life before immigrating to the U.S. She requests that that the City of Bellingham become a sanctuary city. Hope Jose - Day, advocated for undocumented immigrants in the area and those in the City of Ferndale, where she is a resident. James Douglass, spoke in support of sanctuary cities. He feels sanctuary cities protection is a public safety issue. He spoke about the concerns of immigrants who fear they are at risk of crimes against them. Immigrants may be afraid to go to the police if crimes are committed against them for fear of being deported. Therefore he urged the Council to make Bellingham a sanctuary city. Anna Wolff, expressed her support for the immigrants and asked that Bellingham become a sanctuary city. Eliott Glasser, spoke in favor of Bellingham becoming a sanctuary city. He objected to comments at the last Public Comment period during the last City Council meeting. Tara Hughes, supports the students of Western Washington University that are part of the Blue Group. She urged the Council to consider making the City of Bellingham a sanctuary city. Ines Poblet, spoke in favor of sanctuary city status. Kaatje Kreft, expressed that the argument for sanctuary city status has been made in many ways; from an economic, civil rights and a public safety standpoint and supports Bellingham becoming a sanctuary city. Rachael Wright, supports the city becoming a sanctuary city. Christina Choi, spoke in support of sanctuary cities and would feel safer if the city became a sanctuary city. Russell Pearce, advocated for making Bellingham a sanctuary city. Sara Purington, spoke in support of sanctuary city status. City of Bellingham Regular City Council Meeting Page 2 of 7 12/5/2016 Alissa De La Fuente, feels that the city should become a sanctuary city. She still has family members that are undocumented immigrants in the community. She feels it is important to have protection as a sanctuary city for them. Hal Wershow, relayed a poem by a German pastor who was killed during World War II in a concentration camp. The poem conveyed a message of speaking up for those being persecuted and feels it supports sanctuary city status. Galen Herz, asked Council to listen to the people asking that the City of Bellingham become a sanctuary city. Kelly Krieger, supports undocumented immigrants living in the community and supports Bellingham becoming a sanctuary city. Vicki Hsueh, reported that the Western Washington University has written a letter of support to the Blue Group. They support the city becoming a sanctuary city. Nicki Mantis, spoke in support of the city becoming a sanctuary city and making things safe for undocumented immigrants. She feels many of them are too afraid to report crimes for fear of being deported. Maria Timmons Flores, supports the students of the Blue Group and the city becoming a sanctuary city. Kelly Morgan, supports of the sanctuary city status. Charles Law, supports the city becoming a sanctuary city. Kristen French, asked that the Council be an advocate for love and acceptance. She supports the city becoming a sanctuary city. Public Works / Public Safety 21440 1. Proposed Ordinance Accepting Donation of Easement for Operation and Maintenance of Baker Creek Estates Stormwater Facility Terry Bornemann / Dan Hammill moved approval for first and second reading. MOTION CARRIED 7-0. 21441 2. Bid Award for the Bellingham Central Library Re-Roof Project, Bid 71B-2016 Terry Bornemann / Roxanne Murphy moved to award Bid No.71B-2016 for the Bellingham Central Library Re-Roof Project to Hytech Roofing, Inc. of Lynden, WA as the City of Bellingham Regular City Council Meeting Page 3 of 7 12/5/2016 lowest responsive, responsible bidder and to authorize the Mayor to enter into a contract with them for the amount of their bid, which is $442,811.19, which includes any applicable WSST. MOTION CARRIED 7-0. Finance and Personnel 21442 1. An Ordinance Amending the 2015/2016 Adopted Budget Reducing Revenue by $295,028.73 in the General Fund to Account for Business and Occupation Tax Refunds Roxanne Murphy / Dan Hammill moved approval for first and second reading. MOTION CARRIED 7-0. Parks and Recreation 21443 1. Bid Award for Central Pier Infill, #66B-2016 Michael Lilliquist / Dan Hammill moved to award Bid No. 66B-2016 for Central Pier Infill to Razz Construction Inc., of Bellingham, 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 $277,225, which includes any applicable WSST. MOTION CARRIED 7-0. Committee Of The Whole 21444 1. Puget Sound Energy Update on Current Activities Presentation during committee. PSE now has an outage application available to download for smartphone use. Citizens of Bellingham were responsible for winning the Green Power Challenge and won $50,000 that can be used for solar panel installation. Information only. 21445 2. Update on 2016 Bellingham Energy Prize Campaign Presentation during committee. The City of Bellingham is still in 4th place for the Energy Prize. The campaign ends December 31, 2016. Information only. 21446 3. Illegal Residential Units - Enforcement Strategies Update Presentation during committee. A full time enforcement officer has been hired and will start work in January 2017. Information only. City of Bellingham Regular City Council Meeting Page 4 of 7 12/5/2016 21432 4. An Ordinance of the City of Bellingham, Washington, Regarding Planning Commission Membership, Amending Section 2.42.020 of the Bellingham Municipal Code Peter Ruffatto, City Attorney read changes that were recommended during committee. Changes included: Section 1: Paragraph D, second sentence should read, "This paragraph also applies to professionals, consultants, and advisors for whom a majority of clients and customers engage principally in the buying, selling, developing, construction of, or investment in real estate for profit." The third paragraph should include the word "construction" contractors after appraisers. Paragraph F, should read, "The desired composition and limitations regarding membership set forth in subsections C, D, and E, above, are for the purpose of the mayor appointing and city council confirming members." Section 2: Delete the first sentence in its entirety and add, "This ordinance shall become effective on April 1, 2017." Pinky Vargas / Gene Knutson moved approval for first and second reading. MOTION CARRIED 7-0. 21328 5. Options for Adopting a Bellingham Flag Presentation during committee. Council directed staff to draft a resolution for consideration that would adopt Bradley Lockhart's flag design as the unofficial City of Bellingham flag. Also included in the resolution, the Council will ensure the designer has permission from the local tribes as sanctioned to be the unofficial flag. 21386 6. Adoption of the City of Bellingham's 2017-18 Budget Presentation during committee. Pinky Vargas / Roxanne Murphy moved approval for first and second reading. MOTION CARRIED 7-0. 7. Approval of Minutes Gene Knutson / Dan Hammill moved approval of the November 7, 2016 minutes of the regular City Council meeting as submitted. MOTION CARRIED 7-0. Roxanne Murphy / Gene Knutson moved approval of the November 14, 2016 minutes of the regular City Council meeting as submitted. MOTION CARRIED 7-0. City of Bellingham Regular City Council Meeting Page 5 of 7 12/5/2016 8. Old/New Business Council Member Barker reported she attended a dispute resolution class offered at the Whatcom Dispute Resolution Center. Mayor's Report Standing time for briefings, updates and reports to Council by the Mayor, if needed. Information only. Congratulated the Western Washington University's soccer team for winning a national championship. Mayor Linville announced that the Library Board of Trustees has hired an interim Library Director. Nancy Kerr will start January 4, 2017. The holiday tree at the Farmer's Market was lit last Friday night. 21447 1. Mayor's Appointment of Kate Darby and Cory Blackwood to the Transportation Commission (Approval) Roxanne Murphy / Gene Knutson moved approval of the appointment of Kate Darby to her first full term to the Transportation Commission, which will expire December 5, 2019, at which time she may be reappointed. Terry Bornemann / Roxanne Murphy moved approval of the appointment of Cory Blackwood to his first full term to the Transportation Commission, which will expire December 5, 2019, at which time he may be reappointed. MOTION CARRIED 7-0. 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. 21448 1. Amendment to the Interlocal Agreement with Whatcom County for the Offender Work Crew Services 21449 2. A Resolution Extending the Public-Access ("P") Designation for BTV- 10 Through December 31, 2018 Gene Knutson / Dan Hammill moved approval of Resolution #2016-30. MOTION CARRIED 7-0. 21450 3. Authorization of Payroll Labor Cost Payments Dated October 26, 2016 - November 10, 2016 City of Bellingham Regular City Council Meeting Page 6 of 7 12/5/2016 21451 4. Authorization of A/P Checks Issued November 10, 2016 21452 5. Authorization of A/P Checks Issued November 18, 2016 Gene Knutson / Dan Hammill moved approval of the Consent Agenda in its entirety. MOTION CARRIED 7-0. Final Consideration of Ordinances 21435 1. Ordinance Amending the 2015/16 Adopted Budget Transferring $10,703.05 from the Low Income Housing Fund to the Community Development Block Grant (CDBG) Michael Lilliquist / 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: BARKER, BORNEMANN, HAMMILL, KNUTSON, LILLIQUIST, MURPHY, VARGAS NAYS: EXCUSED: MOTION CARRIED and was thereafter named Ordinance #2016-12-043. Adjournment There being no further business, the meeting was adjourned at 8:13 p.m. Pinky Vargas, Council President ATTEST: Elisabeth Oakes, City Clerk Representative APPROVED: December 13, 2016 City of Bellingham Regular City Council Meeting Page 7 of 7 12/5/2016

Agenda

City of Bellingham City Council Regular Meeting Agenda 12/05/2016, 7:00 PM Mayor Kelli Linville Contact: (360) 778-8200, ccmail@cob.org Council Members April Barker, 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 Announcements & Upcoming Meetings: Bellingham City Council meets all requirements of the State of Washington Open Meetings Act. Pledge of Allegiance Roll Call 15-Minute Public Comment Period The following are heard in both Committee sessions and Regular Meeting in order below: Council Standing Committee Meetings: Open to the public to attend. Note: there is generally no public comment period for Committee sessions. Standing Committee Members receive reports and information, ask questions and, when appropriate, vote on a recommended action for consideration by the full Council at the Regular Meeting. The notice of Committee Meetings identified below also serves as notice of Special Meetings of the City Council at the times identified as Council Members who are not members of the committee routinely attend and participate in the Committee Meetings. Committee Chairs give a report of the Committee Meeting at the Regular Meeting in the evening prior to deliberation and formal vote in the order shown below: Public Works / Public Safety 1:00 PM Terry Bornemann, Chair Gene Knutson; Roxanne Murphy 21440 1. Proposed Ordinance Accepting Donation of Easement for p. 1 Operation and Maintenance of Baker Creek Estates Stormwater Facility 1 21441 2. Bid Award for the Bellingham Central Library Re-Roof Project, p. 6 Bid 71B-2016 Finance and Personnel 1:15 PM Roxanne Murphy, Chair Daniel Hammill; Michael Lilliquist 21442 1. An Ordinance Amending the 2015/2016 Adopted Budget p. 9 Reducing Revenue by $295,028.73 in the General Fund to Account for Business and Occupation Tax Refunds Parks and Recreation 1:20 PM Michael Lilliquist, Chair April Barker; Roxanne Murphy 21443 1. Bid Award for Central Pier Infill, #66B-2016 p. 12 Committee Of The Whole 1:25 PM Pinky Vargas, Chair April Barker; Gene Knutson; Daniel Hammill; Terry Bornemann; Michael Lilliquist; Roxanne Murphy 21444 1. Puget Sound Energy Update on Current Activities p. 15 21445 2. Update on 2016 Bellingham Energy Prize Campaign p. 16 21446 3. Illegal Residential Units - Enforcement Strategies Update p. 17 21432 4. An Ordinance of the City of Bellingham, Washington, p. 19 Regarding Planning Commission Membership, Amending Section 2.42.020 of the Bellingham Municipal Code 21328 5. Options for Adopting a Bellingham Flag p. 23 21386 6. Adoption of the City of Bellingham's 2017-18 Budget p. 31 7. Approval of Minutes 8. Old/New Business 2 Mayor's Report Standing time for briefings, updates and reports to Council by the Mayor, if needed. Information only. 21447 1. Mayor's Appointment of Kate Darby and Cory Blackwood to p. 36 the Transportation Commission (Approval) 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. 21448 1. Amendment to the Interlocal Agreement with Whatcom p. 39 County for the Offender Work Crew Services 21449 2. A Resolution Extending the Public-Access ("P") Designation p. 42 for BTV-10 Through December 31, 2018 21450 3. Authorization of Payroll Labor Cost Payments Dated October p. 45 26, 2016 - November 10, 2016 21451 4. Authorization of A/P Checks Issued November 10, 2016 p. 46 21452 5. Authorization of A/P Checks Issued November 18, 2016 p. 47 Final Consideration of Ordinances 21435 1. Ordinance Amending the 2015/16 Adopted Budget p. 48 Transferring $10,703.05 from the Low Income Housing Fund to the Community Development Block Grant (CDBG) Adjournment Agenda Information: Council Committee and Regular Meeting agendas and agenda packets, which contain the supporting documentation for agenda items, are available to the public Wednesday afternoon prior to the meeting. They are posted at www.cob.org/meetings. A hard copy of the agenda packet is available for review from the reference desk at the Central Library or the Finance office at City Hall. 3 Live Broadcast Information: The Bellingham City Council Committee Meetings are broadcast live on BTV at the times listed on the Agenda. Committee session start times between 1:00 PM and 5:00 PM are estimated. A specific Committee may start later than the time published but will not begin earlier than its published time. The meetings are also streamed live on the internet as they occur. BTV programming is available 24/7 to anyone with a computer and high-speed internet access. Online viewers will see exactly what Comcast cable customers would see on Channel 10, without the need for cable television service. The Bellingham Public Library also has DVD’s available for checkout. Video and audio files are available on the Internet at www.cob.org/meetings within 5 business days following each meeting. BTV Council Meeting Rebroadcast Schedule: Tues. 12 PM: Repeat broadcast of Monday afternoon Committee meetings Tues. 7 PM: Repeat broadcast of Monday night regular meeting Wed. 8 AM: Repeat broadcast of Monday night regular meeting Sat. 12 PM: Repeat broadcast of Monday afternoon Committee meetings Sat. 7 PM: Repeat broadcast of Monday night regular meeting Accessibility: The Council Chambers is fully accessible. Elevator access to the second floor is available at City Hall’s west entrance. Hearing assistance is available and a receiver may be checked out through the clerk prior to the evening session. For additional accommodations, contact the Legislative Assistant at 778-8200 in advance of the meeting. Thank you. Next City Council Meeting 12/12/2016 Deadline to submit material for the public hearing for inclusion in the published agenda packet is 10:00 a.m. on Wednesday prior to the meeting. 4

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