City Council - Regular Meeting

City of Bellingham City Council Regular Meeting Minutes July 6, 2020, 7:00 PM Mayor Seth Fleetwood Contact: (360) 778-8200, ccmail@cob.org Council Members Hannah Stone, Gene Knutson, Daniel Hammill, www.cob.org/council Pinky Vargas, Lisa Anderson, Michael Lilliquist and All meetings are held in the City Hall Council Chambers at Hollie Huthman 210 Lottie Street, Bellingham, WA, unless otherwise noted. Please note the doors to City Hall unlock at 6:30 PM. Call to Order The meeting was called to order by Council President Knutson 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 Member Anderson. Roll Call Present: Council President Gene Knutson, Second Ward Council Member Hannah Stone, First Ward Council Member Daniel Hammill, Third Ward Council Member Pinky Vargas, Fourth Ward Council Member Lisa Anderson, Fifth Ward Council Member Michael Lilliquist, Sixth Ward Council Member Hollie Huthman, At-Large Presentation 22593 1. Update on COVID-19 Response Chief Bill Hewett, announced the sad news of Bellingham firefighter, Brian Cain, died last week from injuries that he sustained in an accident on his property. He gave a summary of service with the fire department. Council President Knutson took a moment of silent in remembrance of him. Mayor Fleetwood introduced Municipal Court Judge, Debra Lev. She gave an update on the inner workings of the municipal court. The court is following the Whatcom County Superior Court's orders regarding COVID-19. Even though the doors of the court are closed to the public, the court is fully operational and continues to hold City of Bellingham Regular City Council Meeting Page 1 of 10 7/6/2020 Minutes  hearings by video conference and telephonic hearings. Jury trials and criminal hearings have been suspended since April 13, 2020, with the exception of in custody matters and limited criminal hearings. On May 28, 2020 the Superior Court allowed cases to resume with appropriate accommodations for preventing the spread of COVID-19 virus. Jury trials are still suspended until July 6, 2020. The Municipal Court is conducting video court hearings with the Whatcom County Jail in custody calendar of cases. All other criminal hearings are being held telephonically. Misdemeanor bookings have been limited. SCRAM referrals, which are monitoring bracelets to detect alcohol use while on release are up due to the lack of jail booking currently. A case backlog of 350 cases waiting to be filed by the Prosecutor's office. The Court is holding double telephonic calendar hearings. Jury trials are scheduled to resume September 15th. Nicole Oliver, Parks Director, reported on the duties the Park Ambassadors worked on during the last two months. They installed over 50 signs in the parks that outlines the rules and expectations during the pandemic. The signs also include phasing guidelines explained with recreation activities that are allowed during each phase. Occupancy limits on sports courts are posted and playgrounds are still closed. The Parks Department is working on a new executive order that allows targeted use of City Parks and outdoor recreation facilities for small group childcare and youth-oriented programs. Public Hearing 22685 1. Public Hearing on Resolution Authorizing Partial Relinquishment of Surplus Utility Easement Eric Johnston, Public Works Director, explained that a request for relinquishment of a utility easement has come in for Council's consideration. The Public Works Department has reviewed and determined that the relevant portion of the retained utility easement is surplus to the City's needs. It is not required for the provision of public utility services. Staff recommends that it be relinquished. Council President Knutson opened the public hearing. No citizens spoke and the public hearing was closed. Daniel Hammill / Lisa Anderson moved final approval of Resolution #2020-24. MOTION CARRIED 7-0. City of Bellingham Regular City Council Meeting Page 2 of 10 7/6/2020 Minutes 22686 2. Public Hearing on Proposed Ordinance Expanding the Approved List of Transportation Projects that May Be Funded with the Two-Tenths of One Percent (0.002) Sales and Use Tax Eric Johnston, Public Works Director, explained the proposed ordinance expands the list of transportation improvements that may be funded with the two-tenths of one percent (0.002) sales and use tax imposed under the authority granted to Transportation Benefit Districts to include the following transportation improvement project contained in the City's adopted Transportation Improvement Program (TIP): Project #3: Climate Action Plan and Whatcom Transportation Authority (WTA) Transit Plan. Council President Knutson opened the public hearing. Kevin Covey, emphasized that we must do all we can to reduce impacts of climate change. Making it easy to implement transportation options is a key strategy to mitigating climate change effects. We must offer a broad range of options that this funding supports. Katie Harris, appreciates that the Council clarified the categories that will receive funding in the Transportation Fund and looks forward to Council taking action on this item. There being no further comments, the public hearing was closed. Dan Hammill / Lisa Anderson moved to strike Section 2 of the Ordinance in its entirety. MOTION CARRIED 7-0. Lisa Anderson / Daniel Hammill moved for first and second reading with the following change that corresponds with the discussion during committee meeting and further emails afterwards. It includes the 19th whereas clause to be revised to state the following: "WHEREAS, it is the intent of City Council that Transportation Fund revenue will be allocated to the various Transportation Fund Projects as follows: approximately 40% to Project #1 Annual Street Pavement Resurfacing Program; approximately 40% to Project #2 Non-Motorized Transportation Improvements; and approximately 20% to Project #3 Climate Action Plan & Whatcom Transportation Authority (WTA) Transit Plan improvements, subject to adjustment by City Council through the annual public process of adopting the City’s Transportation Improvement Program based upon funding needs (taking into account other available funding sources), project readiness and strategic priorities established by the City and WTA in their respective adopted plans;" City of Bellingham Regular City Council Meeting Page 3 of 10 7/6/2020 Minutes  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 Fleetwood noted there were many fireworks on the 4th of July that were inside city limits. He issued a reminder that fireworks are illegal in the City of Bellingham. The Whatcom County Health Department is working on a plan to expand the availability of testing for the COVID-19 virus. More information is expected to come in the next few days. The Mayor announced that construction on the Central Library main floor remodel is scheduled to begin on Monday, July 13, 2020. Curbside library service will continue while construction is underway. To make progress in the field of racial equity, the Mayor is working to schedule a community listening session. He has been working with several groups on a listening session and will need to follow an electronic format because of COVID-19 restrictions for meetings. 22687 1. Mayor's Reappointment of Alexandra Costic to the Historic Preservation Commission (Approval) Daniel Hammill / Michael Lilliquist moved to approve the Mayor's reappointment of Alexandra Costic to her first full term on the Historic Preservation Commission, which will expire on June 30, 2023, at which time she may be reappointed. MOTION CARRIED 7-0. Council Standing Committee Meetings: Public Works and Natural Resources Michael Lilliquist, Chair Pinky Vargas, Lisa Anderson 22688 1. Bid Award for 40th Street Sidewalk and 2020 Transportation Benefit District ES-0553, Bid 18B-2020 City of Bellingham Regular City Council Meeting Page 4 of 10 7/6/2020 Minutes  Michael Lilliquist / Pinky Vargas moved to award Bid No.18B-2020 for 40th Street Sidewalk and 2020 Transportation Benefit District ES-0553, to Larry Brown Construction, Inc. 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 $1,338,403.40, which includes any applicable WSST. MOTION CARRIED 7-0. 22689 2. Bid Award for Sehome Hill Communications Tower - Antenna Installation/Tower Demo Project EK-0001, Bid 37B-2020 Michael Lilliquist / Daniel Hammill moved to award Bid No.37B-2020 for Sehome Hill Communications Tower - Antenna Installation/Tower Demo Project EK-0001, Bid 37B- 2020 to Imco/TKK Joint Venture of Ferndale, 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 $434,582.60, which includes any applicable WSST. MOTION CARRIED 7-0. Committee of the Whole Gene Knutson, Chair Hannah Stone, Daniel Hammill, Pinky Vargas, Lisa Anderson, Michael Lilliquist, Hollie Huthman 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. 22690 1. An Ordinance Authorizing Issuance of Water and Sewer Refunding and Revenue Bonds Gene Knutson / Pinky Vargas moved for first and second reading. MOTION CARRIED 7-0. 22691 2. An Ordinance Amending the 2019-2020 Biennial Budget Increasing Appropriations and Estimated Revenues in the General Fund for COVID-19 Recovery Council Member Vargas thanked Tara Sundin and Darby Cowles in the Planning and Community Development Department for their work on the distribution and the collaboration of the program. She feels the grant application timeline was not long enough for businesses. They would have only five business days to apply. She requested an extension of the timeline and Darby Cowles assured her that the timeline has been extended. City of Bellingham Regular City Council Meeting Page 5 of 10 7/6/2020 Minutes  Gene Knutson / Lisa Anderson moved for first and second reading. Council Member Vargas thanked Tara Sundin and Darby Cowles for their collaboration of the program. She feels the grant application timeline was not long enough for businesses. They would have only five business days to apply. She requested an extension of the timeline and Darby Cowles assured her that the timeline has been extended. Gene Knutson / Lisa Anderson moved for first and second reading. MOTION CARRIED 7-0. 22692 3. Consideration of Bellingham Housing Authority's Request to Waive All Associated Fees, Costs, and Compensation for a Street Vacation Petition Gene Knutson / Daniel Hammill moved to waive fees associated with the street vacation petition and the Hearing Examiner's Public Hearing, the cost of the appraisal, and the payment of fair market value for the subject right-of-way. MOTION CARRIED 7-0. 22686 4. Resolution Providing for a Ballot Proposition to be Submitted to the Voters to Continue the Existing Two-Tenths of One Percent (0.002) Sales and Use Tax to Fund Certain Transportation Improvements Gene Knutson / Pinky Vargas moved final approval of Resolution #2020-23 as amended with the 12th whereas clause revised to state the following: "WHEREAS, it is the intent of City Council that Transportation Fund revenue will be allocated to the various Transportation Fund Projects as follows: approximately 40% to Project #1 Annual Street Pavement Resurfacing Program; approximately 40% to Project #2 Non-Motorized Transportation Improvements; and approximately 20% to Project #3 Climate Action Plan & Whatcom Transportation Authority (WTA) Transit Plan improvements, subject to adjustment by City Council through the annual public process of adopting the City’s Transportation Improvement Program based upon funding needs (taking into account other available funding sources), project readiness and strategic priorities established by the City and WTA in their respective adopted plans;" MOTION CARRIED 7-0. 5. Approval of Minutes City of Bellingham Regular City Council Meeting Page 6 of 10 7/6/2020 Minutes  Daniel Hammill / Michael Lilliquist moved approval of the June 22, 2020 minutes of the regular City Council meeting as submitted. MOTION CARRIED 7-0. 6. Old/New Business Mayor Fleetwood, reported that he had heard from Congressman, Rick Larson, about the Moving Forward Act. The Act recently passed in the U.S. House of Representatives. He would like to write a letter of support of the Act and asked if the City Council would sign on to that letter. Dan Hammill / Pinky Vargas moved to authorize the Mayor and Council President Knutson to sign a letter of support to the federal delegation. MOTION CARRIED 7-0. Council Member Vargas attended the Whatcom Racial Justice Forum last Wednesday that was hosted by Bellingham Friends. She reported that it was a great community discussion. Council Member Stone also attended the Whatcom Racial Justice Forum and thanked Flo Simon, Deputy Chief and the Bellingham Police Department for her participation in the forum. Monea Kerr, Legislative Assistant to City Council, will be leaving the City to pursue an educational opportunity. They will look at the budget and the needs of the Council to replace her position. Council President Knutson commended the Mayor on his leadership during this time of unrest and crisis. Executive Session – Report and Action only. 1. Potential Litigation: Claim No. 2020-20 Staff provided information on a potential litigation matter. Daniel Hammill / Lisa Anderson moved to authorize the Mayor to enter into a settlement agreement with the following terms: resolution of claim number 2020-20 for the payment of $25,639.72 to the claimant for damages related to a sewer back up. MOTION CARRIED 7-0. City of Bellingham Regular City Council Meeting Page 7 of 10 7/6/2020 Minutes  2. Labor Relations Staff provided information on the proposed 2021 collective bargaining agreement between the City and IAFF 106. Lisa Anderson / Daniel Hammill moved to ratify the agreement reached with the following general terms: DURATION: 2021 WAGE INCREASES: Effective January 1, 2021 - 2.5% increase in base rate of pay. HEALTH INSURANCE: Increase in the City's contribution to Medical Health Care by 6% in 2021. MOTION CARRIED 7-0. 3. Labor Relations with IAFF 106S Pinky Vargas / Lisa Anderson moved to ratify the agreement reached with the following general terms: DURATION: 2021 WAGE INCREASES: Effective January 1, 2021 - 2.5% increase in base rate of pay. HEALTH INSURANCE: Increase in the City's contribution to Medical Health Care by 6% in 2021. 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. City of Bellingham Regular City Council Meeting Page 8 of 10 7/6/2020 Minutes 22693 1. Interlocal Agreement Between Whatcom Transportation Authority and City of Bellingham for Funding Contribution of $20,000 Toward ES-0555 Lincoln- Lakeway Multimodal Transportation Study 22694 2. Authorization of Payroll Labor Cost Payments For the Period Dated May 15 - May 31, 2020 22695 3. Authorization of Payroll Labor Cost Payments For the Period Dated June 1 to June 15, 2020 22696 4. Authorization of A/P Payments Issued June 18, 2020 22697 5. Authorization of A/P Payments Issued For The Week Ending June 25, 2020 Daniel Hammill / Michael Lilliquist moved approval of the Consent Agenda in its entirety. MOTION CARRIED 7-0. Final Consideration of Ordinances 22670 1. Ordinance Amending the Bellingham Municipal Code Chapter 15.14 Regarding the City’s Industrial Wastewater Pretreatment Program Lisa Anderson / Daniel Hammill 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: Knutson, Stone, Hammill, Vargas, Anderson, Lilliquist, Huthman NAYS: (None) EXCUSED: (None) MOTION CARRIED and was thereafter named Ordinance #2020-07-016. 22675 2. Ordinance Authorizing Acquisition by Eminent Domain of Property for the Purpose of Extending Orchard Drive/Birchwood Avenue Lisa Anderson / Hollie Huthman 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: Knutson, Stone, Hammill, Vargas, Anderson, Lilliquist, Huthman NAYS: (None) EXCUSED: (None) City of Bellingham Regular City Council Meeting Page 9 of 10 7/6/2020 Minutes  MOTION CARRIED and was thereafter named Ordinance #2020-07-017. Adjournment There being no further business, the meeting adjourned at 8:39 p.m. Gene Knutson, Council President ATTEST: Elisabeth Oakes, Deputy City Clerk APPROVED: 7/20/2020 City of Bellingham Regular City Council Meeting Page 10 of 10 7/6/2020 Minutes