City Council - Regular Meeting

City of Bellingham City Council Regular Meeting Minutes August 19, 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. 1. On September 9, 2019 at 7:00 PM in the City Council Chambers, there will be a Public Hearing to consider a draft ordinance amending Bellingham Municipal Code Title 20 to allow recycling collection and processing centers in certain industrial zones and modify special requirements for such uses by amending BMC 20.08.020, BMC 20.16.020, and various other applicable sections of the land use development code 2. On September 9, 2019 at 7:00 PM in the City Council Chambers, there will be a Public Hearing to consider a draft ordinance amending Bellingham Municipal Code Title 20 to allow on-premise accessory and incidental alcohol service at eating establishments by amending BMC 20.08.020, BMC 20.16.020, and various other applicable sections of the land use development code 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 City of Bellingham Regular City Council Meeting Page 1 of 9 8/19/2019 Minutes Presentation 22377 1. Presentation of Governor's Smart Project Award to Mayor and City Council Eric Johnson, Interim Public Works Director, explained that the City is being awarded the Governor's Smart Project Award for implementation of the Bellingham Bicycle Master Plan. Representatives from Washington State Governor Jay Inslee's Office and the Department of Commerce presented an award to Mayor Linville and City Council. Public Hearing 22378 1. Public Hearing and Resolution on the Proposed Relinquishment of a Surplus Utility Easement Located in a Vacated Portion of 19th Street Between Knox and Mill Avenue The Public Works Department has determined that the easement portion is surplus to the City's needs and is not required for the provision of public utility services. Staff recommends the easement be relinquished. Gene Knutson / April Barker moved final approval of Resolution #2019-23. 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 the change in culture in Bellingham in light of the earlier presentation, Join Hands Against Hate, during the Committee Meetings today. She described the oppressive organizations that were in Whatcom County 25 years ago and is happy to say that the community culture has shifted. We still have more to do. She announced that there will be an upcoming art exhibit at the Whatcom Museum that deals with similar issues to change the dialogue and hopes everyone can attend. Rick Sepler, Planning and Community Development Director, addressed concerns about the City View development. The neighborhood is zoned as multi-family. Over the years, it has developed as a single-family zoning neighborhood. The Council has no part in the review of the project. Public Comment on the issue will be added to the Environmental Record. A collection of the community's questions and issues will be City of Bellingham Regular City Council Meeting Page 2 of 9 8/19/2019 Minutes  compiled in a report and sent out as the project progresses in the usual process. The project is still subject to the Design Review Board. The Post Point Heron Rookery litigation met in Executive Session and will give a report out later. 22379 1. Mayor's Appointment of John Peppel to the Lake Whatcom Watershed Advisory Board (Approval) Michael Lilliquist / April Barker moved the Mayor's appointment of John Peppel to his first term on the Lake Whatcom Watershed Advisory Board, which will expire on August 19, 2022, at which time he may be reappointed. MOTION CARRIED 7-0. 22380 2. Mayor's Appointment of Seth O'Harra to the Greenway Advisory Committee (Approval) Gene Knutson / Terry Bornemann moved the Mayor's appointment of Seth O'Harra to his first partial term, on the Greenway Advisory Committee, which will expire on June 1, 2020, at which time he may be reappointed. MOTION CARRIED 7-0. 22381 3. Mayor's Reappointment of Paul George and Kate Clark to the Bellingham Arts Commission (Approval) Terry Bornemann / Gene Knutson moved the Mayor's reappointment of Paul George and Kate Clark to the Bellingham Arts Commission, both will serve their final terms which expire on August 29, 2023. MOTION CARRIED 7-0. 22382 4. Mayor's Appointment of Alexarc Mastema and Reappointment of Chris Roselli to the Mayor's Neighborhood Advisory Commission (Information) The Mayor appoints Alexarc Mastema and reappoints Chris Roselli to the Neighborhood Advisory Commission. Alexarc Mastema will serve his first partial term, which will expire on August 16, 2020, at which time he may be reappointed. Chris Roselli will serve his first full term as WWU Co-Chair Representative, which will expire on August 19, 2021, at which time he may be reappointed. Information only. City of Bellingham Regular City Council Meeting Page 3 of 9 8/19/2019 Minutes 22383 5. Mayor's Reappointment of Courtney Lange to the Parks and Recreation Advisory Board (Information) The Mayor reappoints Courtney Lange to her final term, on the Parks and Recreation Advisory Board. Her term expires August 9, 2022. Council Standing Committee Meetings: Justice Hannah Stone, Chair April Barker, Pinky Vargas 22357 1. Overview of Citywide and Departmental Policies Related to the Provision of City Services Discussion during Committee. Council Member Stone, reported that the Justice Committee looked at the complaint process within the City for internal complaints as well as the complaints the Public may have. The Committee will review concerns being raised by the Human Resources Department and the Police Department. 22373 2. Join Hands Against Hate Presentation during Committee. The suggestion to implement an ombudsman for taking complaints. At the next meeting, the Whatcom Dispute Resolution Center (WDRC) will give a report on the Safe Spaces program. During the presentation, a declaration against hate speech was presented. This was crafted by the Whatcom Human Rights Task Force and can be found online. 22364 3. Discussion About Formation of a "Work Group" on Immigration Presentation during Committee. Since the approval of Ordinance 2017-02-008 that was passed in 2017, community members have been calling for a workgroup to be formed, especially with the passage of Senate Bill 5497. During Committee speakers presented a draft resolution to form a formal workgroup and items to be on the workgroup's agenda. Information only. Public Works and Natural Resources Gene Knutson, Chair Terry Bornemann, April Barker City of Bellingham Regular City Council Meeting Page 4 of 9 8/19/2019 Minutes 22374 1. Bid Award for Cordata/Stuart/Horton Safety Improvements, ES-0548, Bid #53B-2019 Gene Knutson / Michael Lilliquist moved to award Bid No. ES-0548 for Cordata/Stuart/Horton Safety Improvements, to Strider Construction of Bellingham, WA, 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 $728,118, which includes any applicable WSST. MOTION CARRIED 7-0. 22360 2. Noise Variance Aldrich Overlay ES-0551 Gene Knutson / April Barker moved to approve the noise variance for Aldrich Overlay project #ES-0551 between August 20 and August 27, 2019. The project encompasses Northwest Drive from West Bakeriew Road to just north of Garland Lane and Aldrich Road from Northwest Drive to just north of the Cordata Elementary access road. MOTION CARRIED 7-0. 22375 3. WSDOT I-5 North Bound On-Ramp at Bakerview Project Update Chad Schulhauser, City Engineer, gave an update during Committee on WSDOT's project status and the future work within the City of Bellingham. Information only. 4. Trans Mountain Pipeline Franchise Update The existing Franchise Ordinance expires in May 2020. The City and Trans Mountain have been negotiating a franchise renewal, which the parties anticipate bringing to Council for consideration in October 2019. The draft franchise renewal ordinance will be published for four consecutive weeks prior to coming forward for Council consideration. Information only. Planning and Community Development April Barker, Chair Terry Bornemann, Michael Lilliquist 22039 1. Housing/Equity Assessment - Update Presentation during Committee. The Committee looked at how the City can help provide more housing that matches the income of residents. They will look at many different housing models for creative solutions to the housing demand. Information only. City of Bellingham Regular City Council Meeting Page 5 of 9 8/19/2019 Minutes Public Safety Terry Bornemann, Chair Gene Knutson, Hannah Stone 22384 1. Ordinance Amending the 2019-2020 Biennial Budget, Adding One Position and Increasing Appropriations and Estimated Revenues in the Medic One Fund Terry Bornemann / Daniel Hammill moved for first and second reading. MOTION CARRIED 7-0. 22385 2. Interlocal Agreement with Whatcom County to Provide Community Paramedic Terry Bornemann / Pinky Vargas moved to authorize the Mayor to enter into an interlocal agreement with Whatcom County to provide a second Community Paramedic position in the Fire Department. This position will work with the existing Community Paramedic to expand services in the City and extend services to the County . MOTION CARRIED 7-0. 22386 3. Overview of the 2019 Fire Department Entry Level Hiring Process Presentation during Committee. in 2018 the Fire Department, working closely with Human Resources, made a significant change in the selection process for entry level firefighter. HR and Fire Department provided an overview of the changes during Committee. Their changes included a change in the screening process, which resulted in this year's hires being more diverse than previous years. Information only. 22387 4. WHAT-COMM Interlocal Agreement 2019 Terry Bornemann / Gene Knutson moved to approve the Mayor to enter into an interlocal agreement with Whatcom County for the What-COMM Communications Center. MOTION CARRIED 7-0. Council Member Vargas pointed out that with this new interlocal agreement, all emergency calls will go through WhatCOMM. No longer will any small cities in Whatcom County use Border Patrol as their contact for emergency calls. City of Bellingham Regular City Council Meeting Page 6 of 9 8/19/2019 Minutes Committee Of The Whole Daniel Hammill, Chair April Barker; Gene Knutson; Pinky Vargas; Terry Bornemann; Michael Lilliquist, Hannah Stone 1. Approval of Minutes Terry Bornemann / Gene Knutson moved approval of the July 15, 2019 minutes of the regular City Council meeting as submitted. MOTION CARRIED 7-0. 2. Old/New Business Council Member Hammill announced that in a couple weeks, he will be going to Denver, as a representative for the City. In addition to representatives PeaceHealth, Opportunity Council, Bellingham School District, Chuckanut Health Foundation, he will be attending a Children's Initiative Conference. The initiative works toward early childhood care and education. He will also be meeting with representatives from Denver Law Enforcement Assistant Diversion Program, Mile High Behavioral Health and a pre-trial program to learn about their programs. Executive Session – Report and Action only 1. Labor Relations: Review Arbitration Award for Bellingham Police Guild Staff provided information on the proposed 2018 -2020 collective bargaining agreement between the City and the Bellingham Police Guild. Gene Knutson / Michael Lilliquist moved to ratify the agreement reached with the following general terms: DURATION: 2018 - 2020 WAGE INCREASES: Effective and retroactive to January 1, 2018 - 3.25% increase in base rate of pay Effective and retroactive to January 1, 2019 - 3.0% increase in base rate of pay Effective January 1, 2020 - 2.75% increase to base rate of pay Additional 1% Deferred Compensation Deferral retroactive January 1, 2018 HEALTH INSURANCE City of Bellingham Regular City Council Meeting Page 7 of 9 8/19/2019 Minutes  Status Quo with premium structure and plan offerings Increase in Dental and Vision to match IAFF 106 premiums MOTION CARRIED 7-0. 2. Litigation: Appeal of Critical Areas Permit CAP2019-0059 Staff provided information on a litigation matter. For information and discussion. No action taken. 3. Litigation: Ginn v. City of Bellingham, et. al. Staff provided information on a litigation matter. Gene Knutson / Pinky Vargas moved to authorize the City Attorney's Office to hire Ketia Wick for the purpose of providing legal representation for the City's employees named in this lawsuit. MOTION CARRIED 7-0. 4. Litigation: Young v. Pena et. al. Staff provided information on a litigation matter. 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. 22388 1. Authorization of Payroll Labor Cost Payments For the Period Dated July 1 - July 15, 2019 22389 2. Authorization of A/P Checks Issued July 12, 2019 22390 3. Authorization of A/P Checks Issued July 19, 2019 22391 4. Authorization of A/P Checks Issued July 26, 2019 22392 5. Authorization of A/P Checks Issued August 02, 2019 22393 6. Authorization of A/P Checks Issued August 09, 2019 City of Bellingham Regular City Council Meeting Page 8 of 9 8/19/2019 Minutes 22394 7. Authorize the Mayor to Execute an Interagency Agreement with the Washington State Department of Ecology for the Local Source Control Program Partnership 22395 8. Authorize the Mayor to Enter into an Interlocal Agreement with Whatcom County for the Lake Whatcom Homeowner Incentive Program 22396 9. Inter-Agency Agreement with Washington State Department of Ecology to Sponsor Two Washington Conservation Corps Crews for Natural Resource Projects Gene Knutson / April Barker moved approval of the Consent Agenda in its entirety. MOTION CARRIED 7-0. Adjournment There being no further business, the meeting adjourned at 9:19 PM. Daniel Hammill, Council President ATTEST: Elisabeth Oakes, City Clerk Representative APPROVED: 8/26/2019 City of Bellingham Regular City Council Meeting Page 9 of 9 8/19/2019 Minutes