City Council - Regular Meeting

City of Bellingham City Council Regular Meeting Minutes 02/27/2017, 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: Bellingham City Council meets all requirements of the State of Washington Open Public Meetings Act. Pledge of Allegiance Led by Council President Lilliquist. 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: Family Council Day was held on Monday, February 27th at 7:00 PM at the Regular City Council Meeting. Youths were encouraged to speak at the during the 15-Minute Public Comment Period: Several children spoke on various issues, including: environmental preservation, need for more skate parks and immigration. City of Bellingham Regular City Council Meeting Page 1 of 9 2/27/2017  Public Hearing 21517 1. Public Hearing to Consider Removal of On-Street Parking from Orleans and Woburn Streets Chris Comeau, Transportation Planner, discussed the plan to remove parking from one side of Orleans and Woburn Street. As explained in the parking study, the west side of both streets has the lowest parking utilization and is recommended to be turned into bike paths. Council President Lilliquist opened the public hearing. Barbara Ira, owner of a hair stylist shop, expressed concern about the safety of her clients and the inconvenient parking for them if the parking is removed. Chris Diele, is worried about parking being removed because he lives in his vehicle and may not have a place to park. Brandon LaNile, feels the parking survey was conducted during times when it did not obtain an accurate representation of the traffic flow. He feels the parking spaces are utilized more during the weekends and does not want them removed. There being no further comments, the public hearing was closed. Terry Bornemann / Pinky Vargas moved to refer to the Public Works Committee for further discussion. MOTION CARRIED 7-0. 21518 2. Public Hearing to Revise Municipal Code to Make Low Impact Development the Preferred and Commonly-used Approach to Site Development as Required by the City's National Pollution Discharge Elimination System Phase II Municipal Stormwater Permit Council President Lilliquist directed questions to Jason Porter, Stormwater Manager, about the revisions to the ordinance. Brittany Port, of AHBL, gave a presentation on the process of analyzing the existing code and the code amendments. Council President Lilliquist opened the public hearing. No citizens spoke and the public hearing was closed. City of Bellingham Regular City Council Meeting Page 2 of 9 2/27/2017  Roxanne Murphy / Gene Knutson moved approval for first and second reading. Michael Lilliquist / April Barker moved to amend the proposed ordinance by adding the words, "encouraged and permitted" where it already states "permitted" in the body of the ordinance. MOTION CARRIED 7-0. Discussion followed. Council President Lilliquist called the ordinance for a vote on first and second reading. MOTION CARRIED 7-0. 15-Minute Public Comment Period Peter Gigante, relayed a recording of President Obama and President Clinton speaking on immigration. He relayed that it is the City's primary responsibility to its citizens to coordinate with Federal officials when called upon. He is against the City becoming a sanctuary city. {AB 21506} Maureen Monroe, informed Council about a program for developmentally challenged children and adults; the Max Higbee Center. The center is growing and will need a larger space. She requested that as the City plans the waterfront and downtown areas, we consider the needs of the Center. Carrie Kovaleski, spoke against illegal immigration and the City becoming a sanctuary city. {AB 21506} Maggie Lohkemper, relayed a story about her brother's experience in law enforcement regarding illegal immigrants. She is against sanctuary city status. {AB 21506} Eric Bostrom, protested his sign being hit by a participant at the last Council meeting. Chris Diele, protested the reintroduction of Grizzly bears in the Cascades Mountains. Joseph McDonald, objected to the rental inspection program and complained that his rent has gone up by $80.00. He is displeased and feels the cost of the program registration and compliance has been passed onto him. City of Bellingham Regular City Council Meeting Page 3 of 9 2/27/2017  Council Standing Committee Meetings: Public Works / Public Safety 21396 1. Public Works Capital Project Night Work at F Street and West Holly Street Presentation during Committee. Information only. Lake Whatcom Reservoir and Natural Resources 21519 1. An Ordinance Regarding the City's Aquatic Invasive Species Program, Amending Section 12.12.280 of the Bellingham Municipal Code Dan Hammill / Gene Knutson moved to postpone the approval of the ordinance so that staff can calculate the cost of the inspections done by City staff on private property. MOTION CARRIED 6-1. April Barker opposed. 21520 2. Aquatic Invasive Species Program Funding Dan Hammill reported that during Committee, Council Member Bornemann requested an amendment to the program fee schedule. His amendment requested that staff add to the proposed 2017 program funding charts, recovery costs from the additional effort of staff and travel time to complete inspections on private property. Information only. Community and Economic Development 21521 1. Report on Recent Activities of the Port of Bellingham as Whatcom County's Associate Development Organization Presentation during Committee. Pinky Vargas relayed that the Port reported on new activity in the next year. Included in the new activity, Itek Energy will be expanding and adding 30 new jobs. They will be moving to Cornwall Avenue location. Also, All American Marine has nearly completed their new building and will be adding 27 new jobs as well. Information only. 21522 2. Update on an Interim Low-Barrier Homeless Shelter and Day Center, a New Program Offered by the Lighthouse Mission Ministries Presentation during Committee. An update on the interim low barrier shelter offered by the Lighthouse Ministries was provided to Council. Pinky Vargas thanked the City of Bellingham Regular City Council Meeting Page 4 of 9 2/27/2017  Fountain Community Church and the Red Cross for their continued provision and support of homeless persons in the community by providing shelter accommodations. Information only. Committee Of The Whole 21523 1. Bellingham Neighbors Together Presentation Presentation during Committee. Michael Lilliquist reported that the new program will be housed out of the Bellingham Police Department. Volunteers receive a 6-week training program. They will be out in the community being "eyes and ears" but have no enforcement capabilities. Information only. 21524 2. Surplus Lands Assessment: Establishing a Replicable Methodology - 2017 Report and Action Plan Presentation during Committee. Michael Lilliquist reported that the plan relies on a two tier evaluation format. The first tier evaluates each City owned property against a set of established and objective criteria. The second tier evaluation relies on a project team to review the process to evaluate and supplement the evaluation at which point it goes into a database. Information only. 21525 3. Update on City Center Implementation Strategy Presentation during Committee. Michael Lilliquist reported that in 2014 the City implemented a strategy for initiatives that involved the Downtown, Old Town and Waterfront Districts. Many of these projects are now complete or are nearing completion. Information only. 21526 4. Review of the Planning and Community Development Department's Long Range Planning Division Work Program Presentation during Committee. A memo is included in the Council Packet. Topics include an annexation phasing plan, an accessory dwelling unit ordinance, a reform on the subdivision ordinance and a look into commercial zoning regulations. Information only. City of Bellingham Regular City Council Meeting Page 5 of 9 2/27/2017  5. Approval of City Council Committee and/or Special Meeting Minutes Gene Knutson / Roxanne Murphy moved approval of the January 23, 2017 minutes of the regular City Council meeting as submitted. MOTION CARRIED 7-0. 6. Old/New Business Pinky Vargas thanked Dan Hammill and Jennifer Mason for coordinating Family Council Day. The Annual Council Retreat is scheduled for Saturday, March 25th, 2017 at 9:00 am at Woodstock Farm. Executive Session - Report and Action only. 1. Potential Litigation: Claim No. 2017-08 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. Action: Dan Hammill / Roxanne Murphy moved to authorize the purchase of a 0.14 acre watershed parcel (APN 3803221263725) from Donald, Sally and Olga Dashchuk for $60,000, with an anticipated closing date of March 15, 2017. MOTION CARRIED 7-0. 3. Potential Property Acquisition Staff provided information on a potential property acquisition. For information and discussion only. No action taken. 4. Potential Property Acquisition Staff provided information on a potential property acquisition. For information and discussion only. No action taken. City of Bellingham Regular City Council Meeting Page 6 of 9 2/27/2017  5. Potential Litigation Staff provided information on a potential litigation matter. For information and discussion only. No action taken. Mayor's Report Standing time for briefings, updates and reports to Council by the Mayor, if needed. Information only. 21527 1. Mayor's Appointment of Jeffrey Albright to the Bellingham Sister Cities Advisory Board (Information) The Mayor appoints Jeffrey Albright to the Bellingham Sister Cities Advisory Board to his first full term which will end on February 14, 2020, at which time he may be reappointed. Information only. 21528 2. Mayor's Appointment of Mike Estes to the Planning and Development Commission (Approval) Roxanne Murphy / Gene Knutson moved approval of the appointment of Mike Estes to his first partial term to the Planning and Development Commission, which will expire on January 1, 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. 21529 1. Authorization of Payroll Labor Cost Payments Dated January 26, 2017 - February 10. 2017 21530 2. Authorization of A/P Checks Issued February 10, 2017 21531 3. Authorization of A/P Checks Issued February 17, 2017 Roxanne Murphy / Gene Knutson moved approval of the Consent Agenda in its entirety. MOTION CARRIED 7-0. City of Bellingham Regular City Council Meeting Page 7 of 9 2/27/2017  Final Consideration of Ordinances 21494 1. Dissolution of Public Works Advisory Board (PWAB) Terry Bornemann /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 #2017-02-004 21495 2. Ordinance Consenting to the Transfer of Starcom Service Corporation's Telecommunications Franchise to its Successor-in- Interest, Zayo Group LLC Roxanne Murphy /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 #2017-02-005 21497 3. An Ordinance Regarding Telecommunications Facilities Located within City Right-of-Way, Amending Chapter 13.15 of the Bellingham Municipal Code Dan Hammill / 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 #2017-02-006 City of Bellingham Regular City Council Meeting Page 8 of 9 2/27/2017  21480 4. 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 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 #2017-02-007 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 April Barker / 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: BARKER, BORNEMANN, HAMMILL, KNUTSON, LILLIQUIST, MURPHY, VARGAS NAYS: EXCUSED: MOTION CARRIED and was thereafter named Ordinance #2017-02-008 Adjournment There being no further business, the meeting was adjourned at 9:01 pm. Michael Lilliquist , Council President ATTEST: Elisabeth Oakes, City Clerk Representative APPROVED: March 13, 2017 City of Bellingham Regular City Council Meeting Page 9 of 9 2/27/2017