City Council - Regular Meeting

City of Bellingham City Council Regular Meeting Minutes 02/13/2017, 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 11 2/13/2017  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 Terry Bornemann, Council Member, Fifth Ward Michael Lilliquist, Council Member, Sixth Ward Roxanne Murphy, Council Member, At Large Excused: Public Hearing 21493 1. A Public Hearing to Consider a Resolution Authorizing Relinquishment of a Utility Easement Located within Vacated "G" Street Ted Carlson, Public Works Director, gave a presentation on a relinquishment of a utility easement located within the vacated "G" Street. Council President Lilliquist opened the public hearing. No citizens spoke and the public hearing was closed. Gene Knutson / Roxanne Murphy moved final approval of Resolution # 2017-06. MOTION CARRIED 7-0. 15-Minute Public Comment Period Maggie Lohkemper, relayed her family story of immigration. She advocated for legal immigration and requested that the City not implement a sanctuary status. {AB 21506} Ashley Butenscheon, spoke against illegal immigration. She spoke against the City becoming a sanctuary city. {AB 21506} Carrie Kovaleski, objected to the City becoming a sanctuary city and stated that other countries have strict immigration laws. She suggested that a process to help illegal immigrants should be set up within the City to help start their citizenship applications. {AB 21506} City of Bellingham Regular City Council Meeting Page 2 of 11 2/13/2017  Dunham Gooding, spoke in favor of the Mayor's statement on the executive order regarding the immigration stay. {AB 21505} Rick Hannam, expressed his disapproval of an article in the Cascadia Weekly which specifically addressed illegal immigration and sanctuary city status with respect to the City of Bellingham. He spoke against the City becoming a sanctuary city. {AB 21506} Eric Bostrom, spoke against the City becoming a sanctuary city status and illegal immigrants. {AB 21506} Peter Gigante, advised that immigration be controlled. He expressed that laws should be obeyed and those with minor infractions be looked at on a case by case basis. He argued that criminal offenders with felonies and violent crimes should not be given sanctuary which would encourage more illegal residents to stay within Bellingham. {AB 21506} David Baker, thanked the Council for a public discussion being held so that both sides can be heard. He expressed his compassion for people immigrating, especially because he is an immigrant himself. He spoke against the City becoming a sanctuary city. {AB 21506} Dean Wight, expressed that he is in support of the ordinance that was brought forth for consideration regarding a welcoming environment for the residents of Bellingham. {AB 21506} Coulter Roe, defended illegal immigrants and expressed that they are not criminals. He supports the City becoming a sanctuary city. He would also ask the City to divest funds from U.S. Bank. {AB 21506} Maru Mora, asked for an ordinance that sets a clear statement on roles for law enforcement. {AB 21506} Jose Carello, would like an ordinance that specifically asks for the City to become a sanctuary city. {AB 21506} Olga Prado, a Blue Group member, outlined the area of the ordinance that maintains duties which law enforcement must perform. She feels this does not protect undocumented immigrants from deportation and would like an ordinance that specifies the city becoming a sanctuary city. {AB 21506} Michael Vendolia, addressed specific parts of the ordinance that he disagrees with. He expressed his disappointment with the ordinance that was brought forward for consideration. {AB 21506} City of Bellingham Regular City Council Meeting Page 3 of 11 2/13/2017  Victoria Matay, member of the Blue Group, complained about the work group that developed the ordinance that is being presented for consideration. {AB 21506} Josephina Mora, spoke against the ordinance and feels it is not enough to protect undocumented immigrants from deportation. {AB 21506} Amy Kraft, feels the proposed ordinance has a lack of clarity and commitment to not cooperate with federal agencies concerning illegal or undocumented immigrants in the community. {AB 21506} Olga Solano, would like an ordinance that will clearly prohibit cooperation between the police and immigration officials. {AB 21506} Neah Monteiro, requested Council to table the vote on the proposed ordinance regarding immigration. She feels the ordinance does not assure immigrants that there will be no cooperation between police and immigration officials. She requested a civilian oversight board be formed. {AB 21506} Ernesto Lopez, spoke about against Law 287G and requested that the City create a civilian oversight board. {AB 21506} Junga Subedar, feels that the proposed ordinance is not enough to protect illegal immigrants. {AB 21506} Esby, relayed her personal story of immigration. {AB 21506} Phil Morgan, believes that the City should not become a sanctuary city. {AB 21506} Ricardo Luna, gave testimony about being an immigrant. He supports law enforcement and does not want the City to become a sanctuary city. {AB 21506} Beth Insera, a school teacher in the Bellingham School District, gave testimony about school students being afraid of being deported. {AB 21506} JM Ramsey, an immigrant from Germany, is opposed to Bellingham becoming a sanctuary city. He argued that it makes it harder for immigrants who have obtained citizenship legally because of illegal immigrants that are tolerated. {AB 21506} Rosalinda Guillen, a participant of the work group that proposed a sanctuary city ordinance, asked that the ordinance be more specific for protecting immigrants from deportation. She is disappointed that the ordinance is not more protective. {AB 21506} City of Bellingham Regular City Council Meeting Page 4 of 11 2/13/2017  Jill MacIntyre Witt, requested the Council table the vote on the proposed ordinance. She would like the Council to go back and add stronger language for protecting undocumented immigrants. {AB 21506} Mark Seaman, spoke against the City becoming a sanctuary city. {AB 21506} Mary Walker, spoke about the ramifications of becoming a sanctuary city, and feels the City will likely lose federal funding. She explained that the cost of that loss will be passed onto the legal citizens of Bellingham. She is against the City becoming a sanctuary city. She also addressed the issue of divesting from U.S. Bank. {AB 21506} Edward Alexander, feels that illegal immigrations are not a threat to everyone. He is in favor of the city becoming a sanctuary city. {AB 21506} Galen Herz, asked the Council to review the ordinance once again and thanked those who are undocumented who shared their experiences. He urged the Council to divest from U.S. Bank because of the Dakota Access pipeline. {AB 21506} Elizabeth Kilanowski, agrees in principle of the ordinance that is supporting undocumented persons and refugees. However, she would like the ordinance to have a stricter enforcement provision. She feels it is toothless. {AB 21506} Morgan Sicilia, attending to support and stand in solidarity with undocumented residents of Bellingham. She would like a more comprehensive enforceable ordinance. {AB 21506} Sara Airoldi, requested that all perspectives be brought to the table and feels most people need more information about sanctuary cities. {AB 21506} Emily Merrill, would like a stronger ordinance that ensures more protection for immigrants. {AB 21506} Josh Shepherd, relayed a story about working among immigrants and asked the Council to develop a stronger ordinance. {AB 21506} Terri Wilde, ask that we make a strong sanctuary city ordinance and divest funds from US Bank. {AB 21506} Michelle Vendiola, supports sanctuary city status. She expressed that our laws regarding immigration are not good laws. She requested we divest from US Bank. {AB 21506} City of Bellingham Regular City Council Meeting Page 5 of 11 2/13/2017  Andrew Eckels, would like the city to create an ordinance like the one the Blue Group presented. He also supports the idea of a civilian oversight board. He requested that the city divest from US Bank. {AB 21506} Michael Pickens, feels the ordinance should be strengthened to declare sanctuary city status. {AB 21506} David Traynor, discussed several sections of the proposed ordinance he objected to. {AB 21506} Council Standing Committee Meetings: Public Works / Public Safety 21494 1. Dissolution of Public Works Advisory Board (PWAB) Terry Bornemann / Roxanne Murphy moved approval for first and second reading. MOTION CARRIED 7-0. 21495 2. Ordinance Consenting to the Transfer of Starcom Service Corporation's Telecommunications Franchise to its Successor-in- Interest, Zayo Group LLC Terry Bornemann / Dan Hammill moved approval for first and second reading. MOTION CARRIED 7-0 21496 3. Interlocal Agreement Between City of Bellingham and Whatcom Council of Governments to Help Fund the Whatcom Smart Trips Program Terry Bornemann / Roxanne Murphy moved to authorize the Mayor to enter into an interlocal agreement between the City of Bellingham and Whatcom Council of Governments to help fund the Whatcom Smart Trips Program. MOTION CARRIED 6-1. April Barker opposed. 21497 4. An Ordinance Regarding Telecommunications Facilities Located within City Right-of-Way, Amending Chapter 13.15 of the Bellingham Municipal Code Terry Bornemann / Gene Knutson moved approval for first and second reading. MOTION CARRIED 7-0. City of Bellingham Regular City Council Meeting Page 6 of 11 2/13/2017  21498 5. Resolution Setting the Administrative Application Fee for Telecommunications Permits Under Chapter 13.15 of the Bellingham Municipal Code Terry Bornemann / Roxanne Murphy moved final approval of Resolution # 2017-07. MOTION CARRIED 7-0. Executive Session - Report and Action only. 1. Potential Litigation Staff provided information on a potential litigation matter. For information and discussion only. No action taken. 2. Potential Property Acquisition Staff provided Information on a potential property acquisition. For information and discussion only. No action taken. 3. Potential Property Acquisition This executive session item was cancelled. 4. Potential Litigation Staff provided information on a potential litigation matter. For information and discussion only. No action taken. Lake Whatcom Reservoir and Natural Resources 21499 1. Green Power Resolution Dan Hammill / Gene Knutson moved final approval of Resolution # 2017-08. MOTION CARRIED 6-0-1. Pinky Vargas abstained. 21500 2. Report from the February 6, 2017 Lake Whatcom Policy Group Meeting Information only. The Joint County Council and City Council meeting will take place on March 29, 2017 at 6:30 pm. Open House starts at 6:00 pm. City of Bellingham Regular City Council Meeting Page 7 of 11 2/13/2017  Community and Economic Development 21480 1. An Ordinance Adopting a Process for City Review and Approval of Special Events to be Codified as Chapter 13.13 of the Bellingham Municipal Code, Repealing BMC 10.32 (Parades), and Amending Section 20.10.040 (Temporary Uses) Pinky Vargas / Roxanne Murphy moved approval for first and second reading. MOTION CARRIED 7-0. 21501 2. A Resolution of the City of Bellingham, Washington Establishing Permit Fees for Special Events Pinky Vargas / Roxanne Murphy moved final approval of Resolution # 2017-09. MOTION CARRIED 7-0. Committee Of The Whole 21502 1. Presentation of 2017 "State of the Court" Presentation during Committee. Council President Lilliquist reported that the Municipal Court typically handles 39,000 cases throughout the year. The majority of the presentation discussed programs that the court has implemented that are alternatives to jail. Information only. 21503 2. Review of the Planning and Community Development Department's 2017-2018 Key Initiatives Presentation during Committee. Information only. 21504 3. A Resolution Affirming the Safety of All People Residing in Bellingham Discussion during Committee. Council President Lilliquist relayed changes that were discussed and read them into the Record. They include the following: "BE IT FURTHER RESOLVED, That the City respects the rights of working men and women to organize and to collective bargaining" Make "Black Lives Matter" its own separate recital Add "+" after LGBTQ and change "men and women" to "people." City of Bellingham Regular City Council Meeting Page 8 of 11 2/13/2017  The words "continue to" be added to the clauses regarding: gender, LGBTQ+, hate speech, and poverty. Roxanne Murphy / Terry Bornemann moved final approval of Resolution # 2017-10. MOTION CARRIED 7-0. 21505 4. January 30th Statement on Executive Orders on Immigration Presentation during Committee. Information only. 21506 5. Consideration of an Ordinance Relating to City Policy with Respect to Immigration Enforcement, Equal Protection, and Equal Provision of City Services Regardless of Immigration Status Changes were read into the record. The title, "Keep Bellingham Families Working" ordinance has been removed. A third paragraph was added, "Whereas, immigrants, both authorized and unauthorized, contribute significantly to economic growth and cultural vitality in Washington State and locally." Under Section 1. Declaration, in the last sentence, the wording entitled the "Keep Bellingham Family Working Ordinance" was deleted. Gene Knutson / Michael Lilliquist moved approval for first and second reading. MOTION CARRIED 7-0. 6. Approval of City Council Committee and/or Special Meeting Minutes None submitted. 7. Old/New Business Council Member Vargas announced she will be attending the Association of Washington Cities conference this week with Brian Heinrich, Deputy Administrator. Council Member Barker thanked Dr. Baker of the Bellingham School District for organizing a meal service for kids in the school district during snow days. Mayor's Report Standing time for briefings, updates and reports to Council by the Mayor, if needed. Information only. 21507 1. Mayor's Reappointment of Setsuko Buckley to the Bellingham Sister Cities Advisory Board (Information) City of Bellingham Regular City Council Meeting Page 9 of 11 2/13/2017  Information only. The Mayor reappoints Setsuko Buckley to her second full term, on the Bellingham Sister Cities Advisory Board, which will expire January 23, 2020, at which time she may be reappointed. 21508 2. Mayor's Reappointment of Don Hilty-Jones to the Mayor's Neighborhood Advisory Commission (Information) Information only. The Mayor reappoints Don Hilty-Jones to his final term as the York Neighborhood Representative, which will expire on January 14, 2019. 21509 3. Mayor's Appointment of Destiny Kilmer to the Community Development Advisory Board (Information) Information only. The Mayor appoints Destiny Kilmer to her first partial term, on the Community Development Advisory Board, which will expire on October 1, 2019, at which time she may be reappointed. 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. 21510 1. Authorization of A/P Checks Issued January 20, 2017 21511 2. Authorization of A/P Checks Issued January 27, 2017 21512 3. Authorization of A/P Checks Issued February 3, 2017 21513 4. Authorization of Payroll Labor Cost Payments Dated January 11, 2017 - January 25, 2017 21514 5. Interlocal Agreement Bellingham Public Library - Bellingham Technical College Library 21515 6. Interlocal Agreement Bellingham Public Library - Whatcom Community College Library 21516 7. Interlocal Agreement Bellingham Public Library - Western Washington University Library Gene Knutson / Roxanne Murphy moved approval of the Consent Agenda in its entirety. MOTION CARRIED 7-0. City of Bellingham Regular City Council Meeting Page 10 of 11 2/13/2017  Final Consideration of Ordinances 21478 1. An Ordinance Reinstating the Medical Services Officer Position in the Fire Department 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, BORNEMANN, HAMMILL, KNUTSON, LILLIQUIST, MURPHY, VARGAS NAYS: EXCUSED: MOTION CARRIED and was thereafter named Ordinance #2017-02-003 Adjournment There being no further business, the meeting was adjourned at 10:29 pm. Michael Lilliquist, Council President ATTEST: Elisabeth Oakes, City Clerk Representative APPROVED: March 13, 2017 City of Bellingham Regular City Council Meeting Page 11 of 11 2/13/2017