City Council - Regular Meeting

City of Bellingham City Council Regular Meeting Minutes July 15, 2019, 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 Hannah Stone 210 Lottie Street, Bellingham, WA, unless otherwise noted. Call to Order The meeting was called to order by Council President Hammill 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 Hammill. Roll Call Present: Council President Daniel Hammill, Third Ward Council Member April Barker, First Ward Council Member Gene Knutson, Second Ward Council Member Pinky Vargas, Fourth Ward Council Member Terry Bornemann, Fifth Ward Council Member Michael Lilliquist, Sixth Ward Council Member Hannah Stone, At-Large Public Hearing 22025 1. Public Hearing on Emergency Ordinance Imposing a Moratorium on the Redevelopment of Any of the Ten Manufactured Home Parks in Bellingham Alan Marriner, Deputy City Attorney, explained that if the Council chooses to leave as is, the emergency ordinance can stay in place for one year. They have the option to appeal or amend the moratorium on redevelopment of any of the ten manufactured home parks in Bellingham. Council President Hammill opened the Public Hearing. Public Comment was taken. City of Bellingham Regular City Council Meeting Page 1 of 8 7/15/2019 Minutes  There being no further comments, the public hearing was closed. April Barker / Gene Knutson moved that the written record will remain open until a final decision, per Resolution #2013-09. MOTION CARRIED 7-0. 15-Minute Public Comment Period Public Comment was taken. Mayor's Report Standing time for briefings, updates and reports to Council by the Mayor, if needed. Information only. Mayor Linville addressed concern over the public receiving notification of meetings. She will check with the Planning Department to see how broad their notification system is. The Mayor gave a report about fireworks from last week and reported that the City saw a reduction in violation complaint calls. There were extra police and fire personnel on duty last week. 22358 1. Mayor's Appointment of Kurt Gazow as the Silver Beach Neighborhood Primary Representative to the Mayor's Neighborhood Advisory Commission (Information) The Mayor appoints Kurt Gazow to his first term as the Silver Beach Neighborhood Primary Representative to the Mayor's Neighborhood Advisory Commission. His appointment will expire June 26, 2021, at which time he may be reappointed. Information only. Council Standing Committee Meetings: Public Works and Natural Resources Gene Knutson, Chair Terry Bornemann, April Barker 22359 1. Bid Award for 2019 Transportation Benefit District Projects ES-0547, Bid 30B- 2019 Gene Knutson / Terry Bornemann moved to award Bid No. 30B-2019 for 2019 Transportation Benefit District Projects ES-0547 to Larry Brown Construction of Bellingham, Washington as the lowest responsive, responsible bidder and to authorize City of Bellingham Regular City Council Meeting Page 2 of 8 7/15/2019 Minutes  the Mayor to enter into a contract with them for the amount of their bid, which is $1,758,244.60, which includes any applicable WSST. MOTION CARRIED 7-0. 22360 2. Bid Award for Aldrich Overlay ES-0551, Bid 47B-2019 Gene Knutson / April Barker moved to award Bid No. 47B-2019 for Aldrich Overlay ES-0551, to Colacurcio Brothers Construction of Blaine, 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 $1,195,580.00, which includes any applicable WSST. MOTION CARRIED 7-0. 22361 3. Street Light LED Retrofit Project Update Staff recommended that Council approve the Option #2 which includes, remove control system, install photocells on all streetlights, convert 350 decorative fixtures to a retro-fit fixtures to a retro-fit LED kit that includes warmer color lights, full cut-off light distribution, and a10-year warranty. This option includes no change to climate impacts. Gene Knutson / Michael Lilliquist moved to approve option #2. MOTION CARRIED 7-0. Planning and Community Development April Barker, Chair Terry Bornemann, Michael Lilliquist 22256 1. Restrictive Covenants Related to Grocery Stores Discussion during Committee. The item will now move to the Planning Commission for discussion and will return with recommendations for action. Information only. 22362 2. Discussion Regarding the Women’s Wealth Gap and its Impacts on Families, Communities and the Economy Presentation during Committee. Information only. Public Safety Terry Bornemann, Chair Gene Knutson, Hannah Stone City of Bellingham Regular City Council Meeting Page 3 of 8 7/15/2019 Minutes 22363 1. 911 Center Fire Alarm & Suppression System Upgrades Rebid, Bid 36B-2019 Terry Bornemann / Pinky Vargas moved to award Bid No. 36B-2019 for 911 Center Fire Alarm and Suppression System Upgrades to CLK Construction LLC of Burlington, 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 $264,901.90, which includes any applicable WSST. MOTION CARRIED 7-0. Justice Hannah Stone, Chair April Barker, Pinky Vargas 22364 1. Deliberation Regarding Work-Plan Items Related to Immigration Presentation during Committee. Council Member Stone reported that during Committee there was a work plan formed to deliberate on immigration issues. The Committee will be working with community members and advocacy groups to review the ordinance passed in 2017 (ordinance #2017-02-008) and ensure that the language supports the underlying intent of safety for all residents of Bellingham regardless of their immigration status. The Committee will bring back items action at the August 19, 2019 meeting. Also for review will be a report from the WRDC (Whatcom Dispute Resolution Center) on the Safe Spaces contract the City at the August 26, 2019 meeting. Hannah Stone / April Barker moved to request the Mayor to direct her staff to follow the model policy process and report back to Council in Committee of the Whole with recommendations dependent on the Attorney General's office report. (Within 12 months there will be direction from the AG's office.) MOTION CARRIED 7-0. Parks and Recreation Michael Lilliquist, Chair Gene Knutson, Pinky Vargas 22365 1. Recommendation to Reject All Bids for Fountain Plaza, Bid No. 26B-2019 Michael Lilliquist / Gene Knutson moved to reject all bids for Fountain Plaza, Bid No. 26B-2019. Staff recommends that the Council reject and rebid the project later City of Bellingham Regular City Council Meeting Page 4 of 8 7/15/2019 Minutes  when the market is less likely to dictate high prices due to limited contractor availability. MOTION CARRIED 7-0. 22366 2. Update on the City's Collaboration with the Whatcom Family YMCA to Study the Development of a Community Recreation, Health and Wellness Center at the Civic Athletic Complex Over the past nine months, staff from the City and YMCA have been studying the feasibility of the YMCA constructing a community recreation, health, and wellness center at the Civic Athletic Complex, which would incorporate and expand the Arne Hanna Aquatic Center. Presentation during Committee. Information only. 22367 3. Recreation Programs and Activities Report Presentation during Committee that included an overview of recreation programs, activities, events, and partnerships. Information only. Committee Of The Whole Daniel Hammill, Chair April Barker; Gene Knutson; Pinky Vargas; Terry Bornemann; Michael Lilliquist, Hannah Stone Please be advised that if the City Council is ahead of schedule, they may start with old/new business before the official Committee of the Whole meeting time. 22368 1. Briefing on the Incarceration Prevention and Reduction Task Force 2019 Annual Report The Incarceration Prevention and Reduction Task Force (IPRTF) works to identify ways to prevent and reduce jail use by jurisdictions countywide. The co-chairs of the IPRTF presented an overview of the 2019 Annual Report. Presentation during Committee. Information only. 2. Approval of Minutes April Barker / Michael Lilliquist moved approval of the June 3, 2019 minutes of the regular City Council meeting as corrected. MOTION CARRIED 7-0. Approval of Minutes from July 1, 2019 Regular City Council Meeting City of Bellingham Regular City Council Meeting Page 5 of 8 7/15/2019 Minutes  Gene Knutson / April Barker moved approval of the July 1, 2019 minutes of the regular City Council meeting as submitted. MOTION CARRIED 7-0. 3. Old/New Business Council Member Vargas announced that there were a lot of festivals within the City this past weekend. She thanked everyone who helped. Public Works, Parks, Fire and Police department did a great job. She addressed the Climate Emergency Resolution request that has been put forth to Council. She emphasized that her position is hers and hers alone and not speaking for the full Council. Council Member Vargas explained that by declaring an emergency, there would have to be ongoing review of policy and resolutions. City code and state law grant certain powers after an emergency is declared and the powers are in effect during the duration of an emergency. There is no time limit and could put our City in a state of emergency for an indefinite time. That might be concern for undue burden for compliance on City staff. Declaring an emergency may become more of a hindrance for compliance than a benefit. She suggested the Council wait until the Climate Action Task Force presents their recommendations before considering a statement of a Climate Emergency. Executive Session – Report and Action only. 1. Litigation: Juarez v. City of Bellingham et. al Staff provided information on a litigation matter. For information and discussion. No action taken. 2. Litigation: Robert Fox v. City of Bellingham Staff provided information on a litigation matter. For information and discussion. No action taken. 3. Potential Property Acquisition Staff provided information on a potential property acquisition. For information and discussion. No action taken. City of Bellingham Regular City Council Meeting Page 6 of 8 7/15/2019 Minutes  4. Potential Property Acquisition Staff provided information on a potential property acquisition. For information and discussion. No action taken. 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. 22369 1. Authorization of Payroll Labor Cost Payments Related to the Period Dated June 1 - June 15, 2019 22370 2. Authorization of Payroll Labor Cost Payments Related to the Period Dated June 16 - June 30, 2019 22371 3. Authorization of A/P Checks Issued June 28, 2019 22372 4. Authorization of A/P Checks Issued July 05, 2019 Gene Knutson / Michael Lilliquist moved approval of the Consent Agenda in its entirety. MOTION CARRIED 7-0. Final Consideration of Ordinances 22350 1. Proposed Ordinance Accepting Donation of Ruston Way Stormwater Facility Gene Knutson / April Barker 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: Hammill, Barker, Knutson, Vargas, Bornemann, Lilliquist, Stone NAYS: (None) EXCUSED: (None) MOTION CARRIED and was thereafter named Ordinance #2019-07-022. 22351 2. Approve An Ordinance of the City of Bellingham, Granting Verizon Wireless a Franchise to Operate and Maintain Small Cell Facilities in the City Rights-of- Way for the Provision of Wireless Telecommunications Services Gene Knutson / 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: City of Bellingham Regular City Council Meeting Page 7 of 8 7/15/2019 Minutes  AYES: Hammill, Barker, Knutson, Vargas, Bornemann, Stone NAYS: (None) EXCUSED: (None) MOTION CARRIED and was thereafter named Ordinance #2019-07-023, Michael Lilliquist abstained. 21687 3. Closed Record Hearing to Consider a Petition to Vacate a Southerly Portion of McKenzie Avenue Between 8th and 9th Streets Terry Bornemann / April Barker 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: Hammill, Barker, Knutson, Vargas, Bornemann, Lilliquist, Stone NAYS: (None) EXCUSED: (None) MOTION CARRIED and was thereafter named Ordinance #2019-07-024. Adjournment There being no further business, the meeting adjourned at 9:01 PM. Daniel Hammill, Council President ATTEST: Elisabeth Oakes, City Clerk Representative APPROVED: 8/19/2019 City of Bellingham Regular City Council Meeting Page 8 of 8 7/15/2019 Minutes