City Council - Regular Meeting

City of Bellingham City Council Regular Meeting Minutes 01/23/2017, 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 Lilliquist at 7:00 p.m. Announcements & Upcoming Meetings: 1. The City of Bellingham is hosting a Family Council Day on Monday, February 27th at 7:00 PM at the Regular City Council Meeting. While children and families are always welcomed at Bellingham City Council meetings, Family Council Day will provide a child-friendly opportunity for young people to see government in action and speak about issues important to them. The event aims to encourage children’s civic participation and increase their knowledge of how government works. Families are welcome to a meet-and-greet with refreshments starting at 6:15 PM. 2. On Monday, February 27th at 7:00 PM in Council Chambers there will be a Public Hearing to remove one side of on-street parking from the west side of Orleans Street from Alabama Street north to Barkley Boulevard and the west side of Woburn Street from Alabama south to Iowa Street to allow for marked bicycle lanes, as recommended by the Bellingham Bicycle Master Plan. Bellingham City Council meets all requirements of the State of Washington Open Public Meetings Act. Pledge of Allegiance Led by Council President Lilliquist. City of Bellingham Regular City Council Meeting Page 1 of 9 1/23/2017  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 Michael Lilliquist, Council Member, Sixth Ward Roxanne Murphy, Council Member, At Large Excused: Terry Bornemann, Council Member, Fifth Ward 15-Minute Public Comment Period José Carrillo, spoke in support of rights of all people and requested that the Council consider making the city a sanctuary city. {AB #21482} Ana Ramirez, shared her experience of being an undocumented immigrant. She is concerned about deportation and asked that the City of Bellingham become a sanctuary city. {AB #21482} Victoria Matay, relayed the statement and ordinance the Blue Group presented to Council. She thanked Council and members of the Blue Group for listening and for their efforts to advocate for a sanctuary city ordinance. {AB #21482} Jenn Mason, asked the Council to consider the Blue Group's ordinance and read their petition. She requests that the Council bring forth an ordinance that would implement a sanctuary city status. {AB #21482} Warren Sheay, informed Council about a new display about climate change at the Mineport Museum. He urged all to take action and to educate themselves on climate change by attending the museum's display. Helen Moran, supports a declaration of the City of Bellingham becoming a sanctuary city. {AB #21482} Carrie Kovaleski, gave reasons for why the city should not become a sanctuary city. She distributed a financial report on the impact to the City's budget if Federal funding is removed as threatened by the current presidential administration if the City declares itself sanctuary. {AB #21482} Dean Tuckerman, spoke in favor of the City becoming a sanctuary city. {AB #21482} City of Bellingham Regular City Council Meeting Page 2 of 9 1/23/2017  Clyde Ford, spoke in support of Bellingham becoming a sanctuary city. He feels the Federal government cannot legally withhold federal funds and grants to sanctuary cities. {AB #21482} Larry Estrada, spoke in favor of a statement of support to immigrants and requests the City of Bellingham to become a sanctuary city. {AB #21482} Margaret Hashmi, gave testimony about her father's experience as an illegal immigrant. She asked the city to become a sanctuary city. {AB #21482} David Crook, asked the Council to take steps to become a sanctuary city. {AB #21482} Duane Jager, asked the City Council to take action and become a sanctuary city. {AB #21482} Bill Aiken, relayed that he is proud of the immigration policy that is inscribed on the Statue of Liberty and read the quote inscribed on the statue. He spoke in favor of the City becoming a sanctuary city. {AB #21482} Janet Marino, serves on the board of the Whatcom Peace & Justice Center, and would like the City to become a sanctuary city. {AB #21482} Eliott Glasser, spoke in support of the city becoming a sanctuary city and supports the Blue Group. He is proud of the "progressive bubble" we live in. {AB #21482} Kay Sardo, relayed her bureaucratic experience with regard to funding that will be effected if the City becomes a sanctuary city. She believes the City is unlikely to be affected by funding limitations because the funds go directly to the states, not municipalities. The states then distribute the funds. She requested ordinances that limit city personnel from acting and aiding in immigration enforcement be brought forward and approved. {AB #21482} Barbara Aiken, requested that the City become a sanctuary city and feels we have a duty to protect immigrants. {AB #21482} Galen Herz, asked Council to listen to the requests of the Blue Group and is happy to hear that a work group was formed to address sanctuary city status for the City of Bellingham. {AB #21482} Anne Richardson, represents the Women Democrats of Whatcom County, stated they support the city becoming a sanctuary city. {AB #21482} City of Bellingham Regular City Council Meeting Page 3 of 9 1/23/2017  Kelly Krieger, thanked the Blue Group for pursuing the issue of sanctuary city. {AB #21482} Brooke Eolande, asked that we declare the City of Bellingham a sanctuary city. She relayed that she understands that the city already has policies that state law enforcement does not discriminate against persons that are undocumented. However, she would like a strong statement and feels that by the City declaring itself a sanctuary city that would send a strong message. {AB #21482} Council Standing Committee Meetings: Public Works / Public Safety 21475 1. Bid Award for Bellingham Federal Building Renovation - Phase III, Bid 65B-2016 Gene Knutson / Dan Hammill moved to award Bid No. 65B-2016 for Bellingham Federal Building Renovation to Faber Construction 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 $1,295,812.70, which includes any applicable WSST. MOTION CARRIED 6-0-1. Terry Bornemann excused. 21462 2. ES-0513 Holly Street Overlay Bid Award Gene Knutson / Roxanne Murphy moved to award Bid No. 63B-2016 for Holly Street Overlay ES-0513 to Artison Pacific, 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 $1,398,541.23, which includes any applicable WSST. MOTION CARRIED 6-0-1. Terry Bornemann excused. 21476 3. Request for Sewer Service Within the City's Urban Growth Area at 1283 Mount Baker Highway Gene Knutson / Roxanne Murphy moved to approve a request to enter into a contract with the City of Bellingham for retail sewer service as allowed under BMC Section 15.36. MOTION CARRIED 6-0-1. Terry Bornemann excused. Planning 21477 1. Consideration of a Request to Add a New Comprehensive Plan Amendment to the Docket for Review City of Bellingham Regular City Council Meeting Page 4 of 9 1/23/2017  Gene Knutson / Roxanne Murphy moved final approval of Resolution #2017-04. MOTION CARRIED 6-0-1. Terry Bornemann excused. Finance and Personnel 21478 1. An Ordinance Reinstating the Medical Services Officer Position in the Fire Department Roxanne Murphy / Dan Hammill moved approval for first and second reading. MOTION CARRIED 6-0-1. Terry Bornemann excused. Lake Whatcom Reservoir and Natural Resources 21479 1. Interlocal Agreement Between City of Bellingham and Whatcom County for the Homeowner Incentive Program Dan Hammill / Gene Knutson moved to authorize the Mayor to enter into an interlocal agreement between the City of Bellingham and Whatcom County for the Homeowner Incentive Program. MOTION CARRIED 6-0-1. Terry Bornemann excused. Community and Economic Development 21480 1. Presentation Regarding Improvements to the Rules and Procedures for Approving Special Events Presentation during Committee. Information only. The draft ordinance and resolution will be brought forward for consideration at a later date. Committee Of The Whole 21481 1. Hearing Examiner Annual Report to Council Presentation during Committee. Council requested staff follow-up on potential changes to two items: street standards variance procedure, and approval criteria for conditional use permits. Information only. 21284 2. Discussion of Salary Commission Discussion during Committee. No action or recommendation was taken. City of Bellingham Regular City Council Meeting Page 5 of 9 1/23/2017  21482 3. Discussion of Local Impact of Federal Immigration Enforcement Discussion during Committee. April Barker / Roxanne Murphy moved to appoint up to three council members to work with City staff to develop and bring back a Council Action for consideration at the next meeting. MOTION CARRIED 6-0-1. Terry Bornemann excused. 4. Approval of City Council Committee and/or Special Meeting Minutes Gene Knutson / Roxanne Murphy moved approval of both the Special Meeting minutes of January 4, 2017, and the Regular City Council Meeting minutes of the January 9, 2017, as submitted. MOTION CARRIED 6-0-1. Terry Bornemann excused. 5. Old/New Business Council Member Vargas gave an update on the status of the unofficial Bellingham flag. There are no regulations that dictate a process by which we accept a flag design. If we choose to accept the current design, the designer has gifted the rights to the design to the City of Bellingham. Recommendations were made to gather opinions from the public on the acceptance of the flag or other designs. A draft ordinance for acceptance will be brought forward for consideration at a later date. Roxanne Murphy announced that January 22, 2017 is Treaty Day. The first Treaty Day occurred in 1855 when Coast Salish tribal leaders travelled to Mukilteo to sign the Point Elliott Treaty, which aided in creating a tribal institution. She plans to draft a resolution that would honor this day and every January 22 thereafter would be recognized by City Council in the City of Bellingham. A resolution will be brought forth for consideration at the next regular City Council meeting. Dan Hammill thanked the City of Everett and City of Shoreline for hosting the GRACE Program. April Barker thanked the Whatcom Community Foundation for hosting the Language Exchange Meeting she attended recently. Pinky Vargas recognized the organizers of the Women's March this past weekend and thanked the Bellingham Police and Fire Departments for their service. City of Bellingham Regular City Council Meeting Page 6 of 9 1/23/2017  Executive Session - Report and Action only. 1. Litigation - Curtis Parrott v. City of Bellingham et al Staff provided information on a litigation matter. Action: Gene Knutson / Roxanne Murphy moved to authorize the Mayor to engage outside legal services in this case to assist the City Attorney's office in representing the City and the City Defendants. MOTION CARRIED 6-0-1. Terry Bornemann excused. Mayor's Report Standing time for briefings, updates and reports to Council by the Mayor, if needed. Information only. Mayor Linville thanked the organizers and participates of The Women's March on Saturday. Mayor Linville reported that she and Jack Louws presented a proclamation to Western Washington University Women's Soccer team, for winning their National Championship. Paul Gazdik, Emergency Management Coordinator, spoke about the anniversary of the subduction earthquake that occurred 317 years ago and the proclamation that he presented. He is working to create community awareness about earthquake and emergency preparation. Mayor Linville also reported that the GFOA (Government Finance Officers Association) gave the Finance Department an award for municipal government accounting, the highest award that can be earned. 21483 1. Mayor's Reappointment of Robert Hendricks and Izaac Post to the Citizens' Transportation Advisory Group (Information) Information only. 21484 2. Mayor's Reappointment of Caitlin Upshall to the Parks & Recreation Advisory Board (Information) Information only. City of Bellingham Regular City Council Meeting Page 7 of 9 1/23/2017  21485 3. Mayor's Reappointment of Ken Levinson and Mary Welch to the Bellingham-Whatcom County Commission Against Domestic Violence (Information) Information only. 21486 4. Mayor's Reappointment of Kelly Hart to the Tourism Commission (Information) Information only. 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. 21487 1. Authorization of Payroll Labor Cost Payments Dated December 10, 2016 - December 22, 2016 21488 2. Authorization of Payroll Labor Cost Payments Dated December 24, 2016 - January 10, 2017 21489 3. Authorization of A/P Checks Issued January 6, 2017 21490 4. Authorization of A/P checks issued January 13, 2017 21491 5. Interlocal Agreement Between the City of Bellingham and the Port of Bellingham for Mutual Use of Facilities 21492 6. Consideration of Final Plat Approval for Phase 4 of the Birch Street Preliminary Plat Roxanne Murphy / Gene Knutson moved approval of Resolution #2017-05. MOTION CARRIED 6-0-1. Terry Bornemann excused. Roxanne Murphy / Gene Knutson moved approval of the Consent Agenda in its entirety. MOTION CARRIED 6-0-1. Terry Bornemann excused. City of Bellingham Regular City Council Meeting Page 8 of 9 1/23/2017  Final Consideration of Ordinances 21284 1. An Ordinance Establishing an Independent Salary Commission To Review and Set the Salaries for the Elected Officials of the City of Bellingham Gene Knutson / Dan Hammill moved approval for third and final reading. Upon motion, said bill was placed on final passage and failed by the following roll call vote: AYES: HAMMILL, LILLIQUIST NAYS: BARKER, KNUTSON, MURPHY, VARGAS EXCUSED: BORNEMANN MOTION FAILED. 21465 2. An Ordinance Amending the 2017/2018 Budget for the Purchase of a Fire Engine Gene Knutson / 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: BARKER, HAMMILL, KNUTSON, LILLIQUIST, MURPHY, VARGAS NAYS: EXCUSED: BORNEMANN MOTION CARRIED and was thereafter named Ordinance #2017-01-002 Adjournment There being no further business, the meeting was adjourned at 8:35 pm. Michael Lilliquist, Council President ATTEST: Elisabeth Oakes, City Clerk Representative APPROVED: February 27, 2017 City of Bellingham Regular City Council Meeting Page 9 of 9 1/23/2017