City Council - Regular Meeting

City of Bellingham City Council Regular Meeting Minutes September 28, 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 Lilliquist. Roll Call Present: Council President Gene Knutson, Second Ward Council Member Hannah Stone, First 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 Excused Council Member Daniel Hammill, Third Ward Presentation Council President Knutson asked for a moment of silence to remember Supreme Court Justice, Ruth Bader Ginsburg, as she passed last week. Mayor Fleetwood, reported that the flags in the City remain at half-mast to honor Supreme Court Justice, Ruth Bader Ginsburg. 22593 1. Update on COVID-19 Response Erika Lautenbach, Health Department Director, gave an update on COVID-19. She noted that our Whatcom County case rates have gone up a little bit. Some are cases City of Bellingham Regular City Council Meeting Page 1 of 9 9/28/2020 Minutes  from a long-term care facility. A recent social marketing campaign that the Department has worked on surveyed 5,000 people and gathered data from five focus groups. She will pass along the findings from the campaign to Council Members. The Health Department has received more funds from the CARES ACT. They have about three months to spend $4.5 million. First, the Health Department staff need to be paid and their operations supported. Other priorities are to assist school districts throughout the County and support local business and Chambers of Commerce, as well a mass vaccine campaign. Council Members asked questions. Public Hearing 22758 1. Public Hearing and a Resolution Authorizing the Relinquishment of Surplus Utility Easements Encumbering 801 17th Street, Bellingham Eric Johnston, Public Works Director, provided a map of the proposed area of surplus utility easements encumbering 801 17th Street, Bellingham. Staff recommends that all noted easements can be released. Council President Knutson opened the Public Hearing. There being no comments, the Public Hearing was closed. Lisa Anderson / Michael Lilliquist moved final approval of Resolution #2020-33, authorizing relinquishment of the surplus utility easements. MOTION CARRIED 6-0-1, Dan Hammill excused. 22759 2. Public Hearing and Resolution Authorizing the Relinquishment of a Surplus Utility Easement Encumbering 3708 Larrabee Avenue, Bellingham Eric Johnston, Public Works Director, provided a map of the proposed area of surplus utility easement encumbering 3708 Larrabee Avenue, Bellingham. Staff recommends that the easement be released. Council President Knutson opened the Public Hearing. There being no comments, the Public Hearing was closed. Lisa Anderson / Hollie Huthman moved final approval of Resolution #2020-34, authorizing the relinquishment of the easement. City of Bellingham Regular City Council Meeting Page 2 of 9 9/28/2020 Minutes  MOTION CARRIED 6-0-, Dan Hammill excused. 22760 3. Public Hearing on a Resolution Authorizing Relinquishment of Surplus Utility Easement Encumbering 619 E Myrtle Street Eric Johnston, Public Works Director, provided a map of the proposed area of surplus utility easement encumbering 619 E Myrtle Street, Bellingham. Staff recommends that the easement be released. Council President Knutson opened the Public Hearing. There being no comments, the Public Hearing was closed. Hollie Huthman / Lisa Anderson moved final approval of Resolution #2020-35, authorizing relinquishment of the easement. MOTION CARRIED 6-01, Dan Hammill excused. 22761 4. Public Hearing on Water Use Efficiency Program, 2020-2025 Eric Johnston, Public Works Director, introduced Riley Grant, Education & Outreach Coordinator, and Renee LaCroix, spoke about the new goals we are setting with the Water Use Efficiency Program. She outlined the nine measures that include with and without conservation. Council Members asked questions. Council President Knutson opened the Public Hearing. There being no comments, the Public Hearing was closed. The item will return for further discussion at the October 12, 2020 City Council Meeting. 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. 22762 1. Mayor's Appointment of Curt Thor to the Mayor's Neighborhood Advisory Commission (Information) City of Bellingham Regular City Council Meeting Page 3 of 9 9/28/2020 Minutes  The Mayor appoints Curt Thor to his first partial term, on the Mayor's Neighborhood Advisory Commission, as the Edgemoor Neighborhood Primary Representative, which will expire on October 9, 2021, at which time he may be reappointed. Information only. 22763 2. Mayor's Appointment of Kate McDonald, David Stalheim and Neil Schaner to the Greenway Advisory Committee (Approval) Michael Lilliquist / Pinky Vargas moved to recommend approval of Kate McDonald to her first partial term on the Greenway Advisory Committee, which will expire on March 11, 2022 at which time she may be reappointed; and approval of David Stalheim to his first term on the Greenway Advisory Committee, which will expire on September 28, 2023 at which time he may be reappointed; and approval of Neil Schaner to his first partial term on the Greenway Advisory Committee, which will expire on November 18, 2022, at which time he may be reappointed. MOTION CARRIED 6-0-1, Dan Hammill excused. Council Standing Committee Meetings: Public Works and Natural Resources Michael Lilliquist, Chair Pinky Vargas, Lisa Anderson 22764 1. Resolution Designating Bellingham as a Bee City Michael Lilliquist / Pinky Vargas moved final approval of Resolution #2020-36. MOTION CARRIED 6-0-1, Dan Hammill excused. 22741 2. Resolution Adopting the 2020 Surface and Stormwater Comprehensive Plan Michael Lilliquist / Hollie Huthman moved final approval of Resolution #2020-37. MOTION CARRIED 6-0-1, Dan Hammill excused. Planning and Community Development Hollie Huthman, Chair Daniel Hammill, Michael Lilliquist 22765 1. An Update on the Bellingham Home Fund / Housing Levy City of Bellingham Regular City Council Meeting Page 4 of 9 9/28/2020 Minutes  An update on the current status of the Housing Levy was provided during Committee. It included projects, fund commitments by category, and projected balance. Information only. Finance and Economic Development Pinky Vargas, Chair Lisa Anderson, Hollie Huthman 22691 1. An Ordinance Amending the 2019-2020 Biennial Budget Increasing Appropriations and Estimated Revenues in the General Fund to Recognize Additional CARES Act Funding The proposed ordinance appropriates the latest round of the CARES Act funding provided by the state. It adds an additional $1,351,650 of revenues and expenditures to the General Fund for economic and social recovery from COVID-19. Pinky Vargas / Lisa Anderson moved for first and second reading. MOTION CARRIED 6-0-1, Dan Hammill excused. Parks and Recreation Lisa Anderson, Chair Hannah Stone, Michael Lilliquist 22752 1. Update on Parks Operations and Recreation Presentation during Committee. The presentation included an overview of the latest projects and programs in the Operations division. Information only. 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. 22766 1. Approval of Petition to Vacate a Portion of the Cornwall Avenue Right-of-Way Adjacent to Parkview Elementary School Gene Knutson / Hannah Stone moved to direct the Mayor to sign the petition to vacate a portion of the Cornwall Avenue right-of-way adjacent to Parkview Elementary School. City of Bellingham Regular City Council Meeting Page 5 of 9 9/28/2020 Minutes  MOTION CARRIED 6-0-1, Dan Hammill excused. 22767 2. Discussion of a Resolution in Support of a Renewal of the Bellingham Transportation Fund in the November 2020 General Election Discussion during Committee. Gene Knutson / Hannah Stone moved to request a Public Hearing on the resolution be scheduled for the October 12, 2020 meeting expressing support for renewal of the tax levy on the November 2020 ballot. MOTION CARRIED 6-0-1, Dan Hammill excused. 22768 3. Summary of Electronic Home Monitoring Discussion during Committee. The City has saved $4.2 million by utilizing the electronic home monitoring programs overseen by the Bellingham Municipal Court. Information only. 22769 4. Consideration of an Ordinance Amending BMC 2.16.100 which Relates to the City's Electronic Home Detention and Monitoring Program Gene Knutson / Hollie Huthman moved for first and second reading. MOTION CARRIED 6-0-1, Dan Hammill excused. 22665 5. Consideration of an Ordinance Creating a Shelter Protection Area for Base Camp Located at 1530 Cornwall Avenue Gene Knutson / Lisa Anderson moved for first and second reading. MOTION CARRIED 6-0-1, Dan Hammill excused. 22747 6. A Worksession to Consider Amending the Development Agreement with Parberry's Inc. and Associated Entities Gene Knutson / Lisa Anderson moved final approval of Resolution #2020-38 amending the Development Agreement with Parberry's Inc and Associated Entities with additional amendments discussed during Committee that include: Page 5: the Milestones paragraph after the second sentence to strike "The parties acknowledge that the continued presence of the low barrier shelter located at 1013 Holly Street may inhibit Parberry's ability to achieve certain Milestones, " and be City of Bellingham Regular City Council Meeting Page 6 of 9 9/28/2020 Minutes  replaced with, "The City's Project Manager, after consultation with Parberry's Project Manager, may, in her sole discretion, extend the requirements of Section 1, for a period not to exceed six (6) months. The City Project Manager shall not unreasonably deny such requests for extensions. An extension for a period greater than six (6) months, or an additional extension for one that has been previously approved the City's Project Manager, shall be submitted to City Council for review. An extension shall not unreasonably be denied by City Council so long as diligent progress has been made in achieving the applicable Milestone. City Council shall determine whether diligent progress has been made as part of its review." MOTION CARRIED 6-0-1, Dan Hammill excused. Knutson /Anderson moved to ask for staff to provide a presentation during the Public Works committee on the existing contract with SSC for waste and recycling, with an emphasis on recycling in Bellingham and contract terms. Discussion to include changing landscape for recycling and long-term prospects. MOTION CARRIED 6-0-1, Hammill excused. 8. Approval of Minutes Lisa Anderson / Hannah Stone moved approval of the September 14, 2020 minutes of the regular City Council meeting as submitted. MOTION CARRIED 6-0-1, Dan Hammill excused. 9. Old / New Business Council Member Stone, recently met with staff that work on the homeless camp clean up procedures. She relayed that she is struggling with procedures of moving people along without other options, or sufficient places for shelter. She would like to discuss with the Council, preferable in Committee of the Whole, priorities and policy on this issue. Mayor Fleetwood, addressed certain comments made tonight regarding the use of the word "permanence." He clarified that there is no intent for Holly Street to be closed permanently. Additionally, the Base Camp on Cornwall Ave is not intended to be permanent either. Council Member Anderson requested a briefing from staff regarding the plan for emergency shelter for the upcoming winter. She also wondered if, in the current RFP that has gone out, does it include a tent site, or safe parking. Also, she is wondering if Base Camp is full tonight. City of Bellingham Regular City Council Meeting Page 7 of 9 9/28/2020 Minutes  Council Member Lilliquist relayed that a lot of work is being done in the Homeless Strategies Workgroup. He asked if Rick Sepler, Planning Director, could contact the Health Department and provide an update to Council soon on any plans for an emergency winter shelter. Rick Sepler, assured Council that he would provide an update soon. Council Member Stone, will bring forth a revision to the ordinance that created the Immigration Advisory Board. One revision, she explained, will be to include adding alternates to sit in for members of the Board. The alternates would be approved by both the Mayor and Council before being appointed. Executive Session – Report and Action only. 1. Potential Property Acquisition Staff provided information on a potential property acquisition. For information and discussion. No action taken. 2. Litigation: Matthew and Laurie King v. City of Bellingham Staff provided information on a litigation matter. For information and discussion. No action taken. 3. Labor Relations: Discuss Bargaining Strategy Staff provided information on a labor relations matter. For information, discussion, and direction. 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. 22770 1. Authorization of Payroll Labor Cost Payments Dated July 16 to July 31, 2020 22771 2. Authorization of Payroll Labor Cost Payments Dated August 1 to August 15, 2020 22772 3. Authorization of Payroll Labor Cost Payments Dated August 16 to August 31, 2020 22773 4. Authorization of A/P Transactions Issued September 04, 2020 Through September 10, 2020 City of Bellingham Regular City Council Meeting Page 8 of 9 9/28/2020 Minutes 22774 5. Authorization of A/P Transactions Issued September 11, 2020 Through September 17, 2020 Hannah Stone / Michael Lilliquist moved approval of the Consent Agenda in its entirety. MOTION CARRIED 6-0-1, Dan Hammill excused. Final Consideration of Ordinances 22746 1. An Ordinance Relating to Land Use Planning, Amending Bellingham Municipal Code (BMC) Title 20 to Establish Regulations for Electronic Message Center Signs on Public Zoned Land Michael Lilliquist / Hannah Stone 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, Vargas, Anderson, Lilliquist, Huthman NAYS: (None) EXCUSED: Hammill MOTION CARRIED and was thereafter named Ordinance 2020-09-022. Adjournment There being no further business, the meeting adjourned at 9:12 PM. Gene Knutson, Council President ATTEST: Elisabeth Oakes, Deputy City Clerk APPROVED: 10/12/2020 City of Bellingham Regular City Council Meeting Page 9 of 9 9/28/2020 Minutes