City Council - Regular Meeting

City of Bellingham City Council Regular Meeting Minutes July 23, 2018, 7:00 PM Mayor Kelli Linville Contact: (360) 778-8200, ccmail@cob.org Council Members April Barker, Gene Knutson, Daniel Hammill, www.cob.org/council Pinky Vargas, Terry Bornemann, Michael Lilliquist and All meetings are held in the City Hall Council Chambers at Roxanne Murphy 210 Lottie Street, Bellingham, WA, unless otherwise noted. Call to Order The meeting was called to order by Council President Murphy 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 Murphy. Roll Call Present: Council President Roxanne Murphy, At Large Council Member April Barker, First Ward Council Member Gene Knutson, Second Ward Council Member Dan Hammill, Third Ward Council Member Pinky Vargas, Fourth Ward Council Member Terry Bornemann, Fifth Ward Council Member Michael Lilliquist, Sixth Ward Public Hearing 22006 1. Public Hearing to Consider Draft Ordinance Establishing Regulations for the Deployment of Small Cell Facilities in City Right-of-Way Matt Stamps, Assistant City Attorney, gave a presentation for small cell deployment in the City right-of-way. The presentation included a description of the what a small cell is and how the permitting process works. Council President opened the Public Hearing. Gregor Gadbaw, works for Verizon, explained that the pole owners may have certain requirements for cellular carriers. Cellular service providers also work with the pole owners and cities to make the small cells more aesthetically pleasing. City of Bellingham Regular City Council Meeting Page 1 of 7 7/23/2018 Minutes  Jon Humphrey, objected to the Land Use policy. He feels that small cells may decrease property values and in large clusters, could be a public health issue There being no further comments, the public hearing was closed. Michael Lilliquist noted that he would like to discuss further in a committee meeting regulation of the right of way regarding small cells and ownership of the utility poles since some poles are owned by the City. Michael Lilliquist / April Barker moved to refer the item to Public Works for further discussion. MOTION CARRIED 7-0. 15-Minute Public Comment Period Everett Barton, thanked the Council for allowing the Rainbow Bridge to be painted. He would like Council to consider creating a Sister City relationship with Grand Junction, CO. Andrew Lindsey, spoke about the faults in the architecture and infrastructure in Bellingham. Jon Humphrey, urged the Council to pass a Dig Once policy. {AB #21937} Lisa Papp, encouraged the City to establish a Dig Once policy. She supports Jon Humphrey's proposal. She feels that existing broadband is too expensive. {AB #21937} Blake Cerenzia, is concerned that there is only one choice for internet service and it is too expensive. He feels the City shows a lack of interest and support for more choices regarding internet providers. {AB #21937} Michael Berres, discussed the Safe Space recommendation that were presented by the Whatcom Dispute Resolution Center. He would like to see an independent ombudsman. {AB #22012} Bob Johnston, a member of the Whatcom Human Rights Task Force, addressed the report from the Whatcom Dispute Resolution Center. He made suggestions for a way to make complaints and concerns. {AB #22012} Bob Hayes, addressed the Dig Once policy. {AB #21937} Paul Campbell, expressed concerned about the FCC and the internet service providers and asked the City of Bellingham to create a Dig Once policy. He stated that a lack of choice has created a monopoly. {AB #21937} City of Bellingham Regular City Council Meeting Page 2 of 7 7/23/2018 Minutes  Robert Clark, supports the Dig Once policy. {AB #21937} Lynnette Allen, voiced concerns about radio frequency emissions and how they affect public health. Ray Poorman, owned a business where all fiber optic goes through his business with in the City of Bellingham. He urged City Council to attend a tour of his facility. Amy Glasser, brought attention to the lack of lockers for those in the community that are experiencing homelessness to place their belongings. Council Standing Committee Meetings: Public Works and Natural Resources Gene Knutson, Chair Terry Bornemann; Michael Lilliquist 22007 1. Municipal Broadband Policies, Goals and Interest Gene Knutson / Terry Bornemann moved to direct staff to bring back a study on broadband options. MOTION CARRIED 7-0. 21937 2. Dig Once Policy Presentation during Committee. Michael Lilliquist / Pinky Vargas moved to bring the item back to the Public Works Committee for further discussion. MOTION CARRIED 7-0. 22008 3. Report from the July 16, 2018 Lake Whatcom Policy Group Meeting Presentation during Committee. Information only. Planning and Community Development Michael Lilliquist, Chair April Barker; Daniel Hammill 22009 1. Review of an Interlocal Agreement with Whatcom County for the Bennett / Bakerview / Airport Drive Annexation Area Presentation during Committee. City of Bellingham Regular City Council Meeting Page 3 of 7 7/23/2018 Minutes  Michael Lilliquist / Pinky Vargas moved to authorize the Mayor to enter into an interlocal agreement with Whatcom County. MOTION CARRIED 7-0. Committee Of The Whole Roxanne Murphy, Chair April Barker; Gene Knutson; Daniel Hammill; Pinky Vargas; Terry Bornemann; Michael Lilliquist 22010 1. Official Swearing in of Bellingham Police's "Chief For A Day 2018," Kayden Taylor Presentation during Committee. Information only. 22011 2. Introduction of Library Director Rebecca Judd Presentation during Committee. Information only. 22012 3. Safe Spaces Report Presentation during Committee. Roxanne Murphy / April Barker referred this item to the Justice Committee. MOTION CARRIED 7-0. 22013 4. Incarceration Prevention and Reduction Task Force Annual Report Presentation during Committee. Information only. 5. Approval of Minutes Gene Knutson / Michael Lilliquist moved approval of the July 9, 2018 minutes of the regular City Council meeting as submitted. MOTION CARRIED 7-0. 6. Old/New Business Pinky Vargas acknowledged that the Council office received 57 postcards regarding the lack of a grocery store in the Birchwood neighborhood. City Attorney, Peter Ruffatto, explained nothing prohibits a new grocery store from using the old Albertson's grocery store site. There is a non-compete agreement by the owners which prohibits the other stores on site from operating a grocery store. The City cannot take any action that would impair that existing non-compete agreement. City of Bellingham Regular City Council Meeting Page 4 of 7 7/23/2018 Minutes  April Barker commended the effort of the Birchwood International Market that helps create food and grocery options for the neighborhood. She also reported that the old coal bridge on Northwest Avenue was painted in the colors of the rainbow and many volunteers help to get the bridge painted. Roxanne Murphy reminded everyone to vote in the Primary Election that is coming up. Ballots are due August 7, 2018. She also announced that last weekend she finished the Tour de Whatcom bike tour and accomplished 44 miles in the event. Executive Session – Report and Action only. 1. Stouder, et. al. v. City of Bellingham and David Frick Staff provided information on a litigation matter. Under Bellingham Municipal Code 4.16.080 and state law, an employee whose actions are intentional or willful and wanton, or were not performed in the scope of the employee's duties, is not entitled to be held harmless, indemnified or defended by the City in suit for damages that results from the employee's actions. The City Council is responsible for determining whether the actions of an employee that give rise to a suit warrant defense and indemnification. Michael Lilliquist / Dan Hammill moved to find that Mr. David Frick was not acting within the scope of his official duties as a City employee as it relates to this lawsuit and that the City will not provide him with a hold harmless, indemnification, or legal defense in this matter. MOTION CARRIED 7-0. 2. Potential Property Acquisition Staff provided information on a potential property acquisition. Pinky Vargas / April Barker moved to authorize the purchase of a Recreational Use Easement, Conservation Easement, and multiple access easements for approximately 2,182 acres in 26 tax parcels on Galbraith Mountain from Galbraith Tree Farm LLC for $3,000,000 under the following terms: The City will pay $2,750,000 of the purchase price; Whatcom Land Trust will pay the remaining $250,000 of the purchase price for its interest in the Conservation Easement; the City will make a one-time payment of $25,000 to the Whatcom Land Trust to manage the Conservation Easement; and the estimated closing date for the purchase is August 20, 2018. MOTION CARRIED 7-0. Mayor's Report City of Bellingham Regular City Council Meeting Page 5 of 7 7/23/2018 Minutes Standing time for briefings, updates and reports to Council by the Mayor, if needed. Information only. 22014 1. Mayor's Reappointment of Charles Storrs and Erica Charbonneau to the Mayor's Neighborhood Advisory Commission (Information) The Mayor appoints Charles Storrs and Erica Charbonneau to the Neighborhood Advisory Commission. Charles Storrs will serve as the Roosevelt Neighborhood Primary Representative in his final term, which will expire on July 6, 2020. Erica Charbonneau will serve as the Sunnyland Neighborhood Primary Representative in her final term, which will expire on August 16, 2020. Information only. 22015 2. Mayor's Appointments of Lynn Murphy, Rick Nicholson, Charles Barnhart, Erin McDade, Christine Grant, Don Goldberg, Derek Long, Mark Schofield and Jill MacIntyre Witt to the Climate Action Plan Task Force (Approval) The Mayor appoints Lynn Murphy, Rick Nicholson, Charles Barnhart, Erin McDade, Christine Grant, Don Goldberg, Derek Long, Mark Schofield and Jill MacIntyre Witt to the Climate Action Plan Task Force. Dan Hammill / Gene Knutson moved to approve the appointments of the members to the Climate Action Plan Task Force. MOTION CARRIED 7-0. April Barker / Dan Hammill moved to amend the amount of members of the task force from eight members to nine members. 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. 22016 1. Interlocal Agreement with the Buy Board - National Purchasing Cooperative 22017 2. An Ordinance Amending the 2017-2018 Budget to Appropriate an Additional $60,000 from Reserves in the Library Gift Fund 22018 3. Bid Award for Pickle Ball Court Conversion at Cornwall Park - Bid No. 44B-2018 22019 4. Authorization of A/P Checks Issued June 29, 2018 22020 5. Authorization of A/P Checks Issued July 6, 2018 22021 6. Authorization of A/P Checks Issued July 13, 2018 22022 7. Authorization of Payroll Labor Cost Payments Dated June 26, 2018 - July 10, 2018 Gene Knutson / April Barker moved approval of the Consent Agenda in its entirety. City of Bellingham Regular City Council Meeting Page 6 of 7 7/23/2018 Minutes  MOTION CARRIED 7-0. Final Consideration of Ordinances 21980 1. Amendments to Bellingham Municipal Code Chapter 17.76 Construction in Floodplains Dan Hammill / Gene Knutson 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: Murphy, Barker, Knutson, Hammill, Vargas, Bornemann, Lilliquist NAYS: (None) EXCUSED: (None) MOTION CARRIED and was thereafter named Ordinance #2018-07-012. Adjournment There being no further business, the meeting adjourned at 8:30 p.m. Roxanne Murphy, Council President ATTEST: Elisabeth Oakes, City Clerk Representative APPROVED: 8/20/2018 City of Bellingham Regular City Council Meeting Page 7 of 7 7/23/2018 Minutes