Summary of March 4th, 2019 Council Meeting

Meeting Materials can be found by clicking here

 City Council Agenda Follow-Up March 4, 2019  
CALL TO ORDER/FLAG SALUTE/ROLL CALL    
PUBLIC COMMENT INFO ONLY
CONSENT AGENDA Councilmember G. Hansen moved, and Councilmember Taylor seconded, to approve the consent agenda.  MOTION CARRIED 7-0.   APPROVED
ORDINANCE: Development Standards Modification/Land Disturbance As currently written, Chapter 19.65 of the Ferndale Municipal Code requires a permit for the removal of vegetation greater than six inches in diameter that cannot be completed exclusively with hand tools. The proposed revisions remove this language and allow an exemption for the removal of up to four trees per year on private, residential lots. Removal of trees and/or vegetation in or near probable critical areas will still require permitting. Additional proposed changes include updating the definitions of “clearing” and “land disturbing activities”, updating activity thresholds, amending fill placement and testing requirements, and updating setbacks language.  Councilmember Kennedy moved, and Councilmember Watson seconded, to approve the agenda bill. MOTION CARRIED 7-0.         APPROVED
APPROVAL: Shop Well #2 Pilot Study In 2013 a Reverse Osmosis (RO) Pilot test was completed at the City’s Water Treatment Plant to obtain approval from the Washington Department of Health for the City’s current treatment system. The City’s current well water treatment system provides a blended mix of about 40% water treated to removed manganese and 60% treated by RO to remove hardness. The new treatment system will be revised to 100% RO treatment. Because the treated product is far too soft to be usable, a remineralization step will be added. This consists of injecting carbon dioxide to temporarily acidify the water. The RO finished water is then percolated through a calcite filter to dissolve calcium and carbonate to achieve a proper balance between softness and hardness. The pilot study will be at the Shop Well #2 location. The primary objective of the pilot study is to evaluate the performance of the treatment system for removing TDS, optimizing the RO system recovery rate, re-mineralizing finished water and to refine full scale treatment design criteria. Councilmember Watson moved, and Councilmember Taylor seconded, to approve the agenda bill. MOTION CARRIED 7-0.               APPROVED
RESOLUTION: Department of Ecology State Revolving Fund Loan/WWTP The City is required to expand the capacity of the Wastewater Treatment Plant, (WWTP) and construction is anticipated to begin in 2019. The total cost of the project is currently estimated at $25 million. The $14,542,784 State Revolving Fund Loan with the Washington State Department of Ecology would partially fund the project. It provides a very low interest rate of 2%. Approval of the authorizing resolution will formalize the loan. Project design, administration, and management work that has occurred thus far can be billed against the loan. The loan has a funding expiration date of April 30, 2023, and repayment is not required to begin until one year after project completion or initiation of operation. Councilmember Taylor moved, and Councilmember Kennedy seconded, to approve the agenda bill. MOTION CARRIED 7-0.           APPROVED
DISCUSSION: Public Notification Procedures A recent zoning text amendment included a proposed change to the Mixed-Use Commercial zone, proposing a density limit of twenty dwelling units per gross acre. A property owner with a pending application in that zone expressed concern about not having received a mailed notice related to the Public Hearing held by the Planning Commission on this matter. The Planning Commission recommended approval of the text change and forwarded it to the City Council for consideration. Because the property owner was concerned with the noticing procedure that took place, staff brought the proposed text amendment to the Planning and Land Use committee as a discussion item only. The committee placed the Mixed-Use Commercial text amendment on hold and directed staff to bring forward a summary of noticing procedures for review. After discussion with the full Council about the different types of notifications, the item was referred back to the Planning & Land Use Committee. The committee recommended that direct mailings be provided to property owners if the text change is considered substantial or material. Examples of substantial or material changes are included related to changes in uses and/or densities. The committee also recommended property owners within 300 feet be notified for rezones or substantial text amendments during the Notice of Application phase only. Councilmember Taylor moved, and Councilmember G. Hansen seconded, to approve the agenda bill. MOTION CARRIED 7-0.           APPROVED
RESOLUTION: Council Rules of Procedure Occasional review and/or revision to the Council Rules of Procedure provides an opportunity for Council and staff to become more familiar with the rules to ensure that the established procedures are being followed, and also to ensure compliance with state law. Careful review and revision of the rules has eliminated the areas in which there were contradictions as well as eliminating out-of-date language. The rules as proposed rely heavily on the Revised Code of Washington, Roberts Rules of Order, and best practices as recommended by registered Parliamentarian Ann MacFarlane. Councilmember K. Hansen moved, and Councilmember Kennedy seconded, to approve the agenda bill. MOTION CARRIED 7-0.         APPROVED
ADJOURNMENT:  The meeting was adjourned at 6:55 p.m.    

Summary of Feb. 19th, 2019 Council Meeting

Click here for Council Meeting Materials and Agenda

 City Council Agenda Follow-Up February 19, 2019  
CALL TO ORDER/FLAG SALUTE/ROLL CALL    
PUBLIC COMMENT INFO ONLY
CONSENT AGENDA Councilmember moved, and Councilmember seconded, to approve the consent agenda.  MOTION CARRIED 7-0.   APPROVED
PRESENTATION: Mayor’s Citizenship Award Mayor Mutchler presented Pete and Nita Harksell with the award and highlighted some of their volunteer service, including: Kiwanis, Old Settlers Association, Ferndale Heritage Society. Pete also serves on the Ferndale Chamber of Commerce Board of Directors and is a member of the Park, Recreation and Trails Advisory Board.     INFO ONLY
APPROVAL: Emergency Declaration The emergency declaration enabled each City department to enter contracts and incur obligations necessary to combat emergency situations during the snow storm to protect the public safety and to prevent further damage to property. This declaration is in addition to those filed by the State and County. Ferndale, Lynden and Blaine all filed such declarations with Whatcom County Emergency Management.  All three cities joining together increases the chance of recouping some of the expenses incurred as a result of the snow. Councilmember Watson moved, and Councilmember Kennedy seconded, to approve the emergency declaration, removing the phrase, “pursuant to the emergency management plan.” MOTION CARRIED 6-0, Councilmember Olson abstaining.           APPROVED
DISCUSSION: Thornton Street Overpass Public Works Project Manager Katy Radder presented the different options for the retaining wall and slope wall for the Thornton Street Overpass. There are three different main options: Gabion Basket, Precast Panel, and Shotcrete. Each option comes with different price points and different provisions for settlement of the wall. By general consensus, when the project goes out to bid, bidders will be requested to submit a bid for each of the different options.       INFO ON LY
PRESENTATION OF 2019 WORK PLANS:  Finance, Public Works Finance Director Sirke Salminen presented the 2019 work plan for the Finance Department, which includes: Water/Sewer Rate StudyFunding for the Water/Wastewater Treatment Plant UpgradesComputer Capital PlanFinalize Utility Billing AuditProperty Inventory ProcessSoftware Data Cleanup   Public Works Director Kevin Renz presented the 2019 work plan for the Public Works Department, which includes: Streets: Thornton Overpass, Ferndale Terrace Design, First & Main Intersection, Crack Sealing, and Complete Streets Work PlanWater: Shop Well #2 Wellhouse Construction, Treatment Plant Upgrades, and Nordic to Scout LoopSewer: WWTP Upgrades, Pump Station #19 Decommissioning, Eber Lane Sewer, and Grandview Sewer ExtensionStormwater: Decant Facility DesignParks: Star Park Shelter, Equipment Replacement   INFO ONLY
DISCUSSION: Public Notification Procedures A recent zoning text amendment included a proposed change to the Mixed-Use Commercial zone, proposing a density limit of twenty dwelling units per gross acres. A property owner with a pending application who is located in that zone expressed concern about not having received a mailed notice related to the Public Hearing held by the Planning Commission on this matter. The Planning Commission recommended approval of the text change and forwarded it to the City Council for consideration. Because the property owner was concerned with the noticing procedure that took place, staff brought the proposed text amendment to the Planning and Land Use committee as a discussion item only. The committee placed the Mixed-Use Commercial text amendment on hold and directed staff to bring forward a summary of noticing procedures for review. After discussion with the full Council about the different types of notifications, direction was provided to staff, and this item will be placed on the next Planning and Land Use Committee meeting agenda for further discussion.           DISCUSSION ONLY
ORDINANCE: North Whatcom Poverty Task Force The City of Ferndale continues to feel the impacts of rising house prices, income inequality, homelessness and food insecurity. Since Ferndale has not made a unified effort to confront the impacts of poverty in recent memory, it is time to conduct a comprehensive study and compile a list of recommendations to prepare our community for this growing challenge. This ordinance would create a two-year task force to examine the impact of poverty on our community and identify concrete steps the City can take towards addressing these issues. The preliminary needs assessment will be completed by September 30, 2019. The task force will then develop a set of recommendations to be presented to the City Council before December 31. 2020. Councilmember K. Hansen moved, and Councilmember Kennedy seconded, to approve the agenda bill. MOTION CARRIED 7-0.         APPROVED
RESOLUTION: Credit Card Policy The credit card policy was first adopted as one the City’s financial policies in 2008 and amended in 2016. The Finance & Administration Committee recently requested an amendment to ensure that City purchases are sent to City facilities, rather than private homes. Administration and the Mayor agree that with the changes in online purchasing, this amendment to the existing policy is prudent. As proposed, all purchases on the City’s credit card should be sent to City facilities, unless prior authorization for a home delivery is given by the department head, City Administrator, or mayor for each purchase. Councilmember Kennedy moved, and Councilmember G. Hansen seconded, to approve the agenda bill. MOTION CARRIED 5-2, Councilmembers Olson and Watson opposed.         APPROVED
SETTLEMENT AGREEMENT: City of Ferndale & Early Pioneer Property Management The City acquired by eminent domain a portion of Washington Street (Parcel #390219 511062 0000) necessary to complete the Washington Street, Main to Vista project. The proposed settlement agreement provides for the City of Ferndale to pay Early Pioneer $20,000 for the property and to waive encroachment permit fees for construction o f a staircase. Councilmember Kennedy moved, and Councilmember G. Hansen seconded, to approve the settlement agreement with Early Pioneer Property Management. MOTION CARRIED 7-0.   ADJOURNMENT: The meeting was adjourned at 8:50 p.m.       APPROVED

February 4th, 2019 Council Meeting Summary

Meeting Materials can be found here

 City Council Agenda Follow-Up February 4, 2019  
CALL TO ORDER/FLAG SALUTE/ROLL CALL   Councilmember G. Hansen moved, and Councilmember Watson seconded, to excuse Councilmember Olson. MOTION CARRIED 6-0.  
PUBLIC COMMENT INFO ONLY
CONSENT AGENDA Councilmember Watson moved, and Councilmember G. Hansen seconded, to approve the consent agenda.  MOTION CARRIED 6-0.   APPROVED
DESIGN/ENGINEERING CONTRACT: Ferndale Terrace  The City has received grand funding for this project from the Department of Ecology for eligible expenditures up to $250,000. At this time, the contract calls for DOE eligible expenditures of approximately $177,000. The remainder of the design work will be funded via the City’s Transportation Benefit District, stormwater, water, and sanitary sewer funds. The proposed contract amount for design for this project is $510,202. Work to acquire the necessary right-of-way will not occur until the City secures additional funding for the construction portion of this project. Councilmember Watson moved, and Councilmember Kennedy seconded, to approve the agenda bill. MOTION CARRIED 6-0.         APPROVED
PRESENTATION OF 2019 WORK PLANS
Chief of Police Kevin Turner presented information on 2018 statistics, and provided the police department goals for 2019, including:
Department Accreditation
City Emergency Plan
Department Strategic Plan/Asset Management
Crime Mapping
Improve web page and social media presence
Body Worn Cameras  

City Clerk Susan Duncan presented the 2019 work plan for the City Clerk’s office, including the following:
Records Management and Human Resources items:
Records Inventory/Records Destruction
Scan & Toss Policy Development & Implementation
Personnel Policy Updates
Performance Evaluation Policy Development & Implementation
Union Negotiations for 2020 Collective Bargaining Agreements  

Communications Officer Riley Sweeney presented the work plan for Communications/Recreation, including:
Expand Communication Channels
Utility Rates & Infrastructure Communication
Recreation Events
Coordination of Star Park Picnic Shelter Construction
Certified Parks & Rec Professional Exam  
ADJOURNMENT: Meeting was adjourned at 7:05 p.m.
                        INFO ONLY

January 22nd, 2019 Council Meeting Summary

Council Materials Available Here

 City Council Agenda Follow-Up January 22, 2019  
CALL TO ORDER/FLAG SALUTE/ROLL CALL    
PUBLIC COMMENT INFO ONLY
CONSENT AGENDA Councilmember Taylor moved, and Councilmember K. Hansen seconded, to approve the consent agenda.  MOTION CARRIED 7-0.     APPROVED  
PRIVATE DEVELOPMENTS UPDATE Community Development Director Haylie Miller presented updates on the following private development project:   Smith Meadows – Located on West Smith Road. This is a 3.8-acre parcel with 11 parcels, zoned RS Low. (3 – 5 units per acre) The roads, utilities, and all infrastructure have been completed. The next step is for the applicant to submit the final plat application to the City.       INFO ONLY
PRESENTATION: Community Development Department 2019 Legislative Plan Community Development Director Haylie Miller presented Community Development projects planned for 2019, including:   Shoreline Master Plan (SMP) Update: Many sections in the City’s SMP are outdated and need to be modified to reflect City goals and to comply with State guidelines.Planned Unit Development (PUD) Code Modifications: Current PUD code language is outdated and should be rewritten.Multifamily High Rezone: Replace the RM 1.5-Multiple Dwelling and Residential Office Zones within proximity of the Downtown Core with a new zone referred to as the Residential Multifamily High Zone. Ferndale-Priority Mitigation Program: Mitigation is described as compensation for project-related impacts to regulated biological critical areas.  The focus of this program will be on those areas within the FEMA 100-year floodplain and stream/river shorelines. The program is to be available for projects across jurisdictional boundaries with mitigation to occur within the city limits and UGA. Application Vesting Regulations: Review application vesting regulations and timelines specifically for land use applications to assure appropriate timelines are in place and regulations are clear.Catalyst Development: Establish a Downtown Catalyst incentive program that includes a waiver of all administrative, impact, and connection fees for up to three development projects meeting all required criteria to assist in the development of a vibrant downtown core.Mobile Home Park Developments: Currently, there is no zone in which mobile home parks could be located. Street Trees: The City’s Tree Ordinance was adopted in 1999 and has not been updated since. Proposed updates will include modification of tree spacing requirements, more flexibility, and will establish themes along certain corridors.Park Development Standards Details: Adopt trail standard details. The current code has one trail detail that does not work in all cases. Multifamily Parking Regulations: Research possible code changes, if necessary, to clarify whether “off-street” parking means on -site or within a garage.                                   INFO ONLY
CONTRACT: WWU Sustainable Communities Partnership Interagency Agreement AS part of the 2019 budget the City Council authorized funds to support a multi-disciplinary partnership between the City of Ferndale and Western Washington University for the purpose of exploring opportunities and challenges related to Downtown Ferndale and the surrounding areas. The proposed partnership is intended to bring the broad resources of WWU and its Sustainable Communities Partnership (SCP) to bear on the issue. Since its inception three years ago, the SCP has worked with the City of Edmonds, the City of Stanwood, and Skagit County to advance those jurisdictions’ planning. Work is performed by WWU students from several disciplines as part of an academic year-long effort. These students are typically juniors or seniors who are working at the direction of professional faculty with expertise on their respective fields. The final documents that will be provided to the City are at a standard that would be typical for professional consultants, at a fraction of the overall cost of a consultant. Councilmember Kennedy moved, and Councilmember Taylor seconded, to approve the agenda bill. MOTION CARRIED 7-0.           APPROVED
ADJOURNMENT: Meeting was adjourned at 7:10 p.m.              

January 7th, 2019 Council Meeting Summary

Click Here for Meeting Materials

 City Council Agenda Follow-Up

January 7, 2019

 
CALL TO ORDER/FLAG SALUTE/ROLL CALL  
PUBLIC COMMENT INFO ONLY
CONSENT AGENDA

Councilmember Taylor moved, and Councilmember Kennedy seconded, to approve the consent agenda.  MOTION CARRIED 7-0.

 

 

APPROVED

 

PRESENTATION: Mark Henderson, Department of Ecology

Mark Henderson, manager of the discharge permit for the City’s Wastewater Treatment Plant, presented the “Golden Plunger” award to Mike Olinger, Public Utilities Superintendent. In order to earn this award, the treatment plant must achieve 100% compliance with all requirements set forth by the Department of Ecology.

 

 

INFO ONLY

PRESENTATION: Canoe Journey by the Lummi Nation

North America’s fastest growing Native tradition brings thousands of people and hundreds of canoes together to honor the water and celebrate Indigenous values. This year, the journey will be hosted by the Lummi Nation. Freddy Lane and Beth Brownfield spoke about the journey, which will take place from July 24 – 28, 2019. The Canoe Journey will see between 70 – 100 canoe families and an estimated 10,000 visitors per day. 5,000 meals will be served each day, and the Lummi Nation will be making 10,000 handmade gifts for the Potlatch. The event is free and open to the public. Camping space, showers, portable toilets, electricity, Wi-Fi, and traffic control will all be provided by the Lummi Nation.

 

 

 

INFO ONLY

CAPITAL PROJECTS UPDATE

Public Works Capital Projects Manager Katy Radder presented an update on the following capital projects:

·         Final paperwork is being completed on 2018 projects, including Washington Street, Cherry Street Sidewalks, and Pioneer Pathways.

·         First Avenue Pedestrian Safety Project – Currently in the design phase.

·         Pump Station #19 Decommissioning (Malloy Village) – Currently in the design phase.

·         Thornton Road Overcrossing – Currently in the right-of-way phase, and the City is working on acquiring the necessary property for the project.

 

 

 

 

INFO ONLY

ORDINANCE: Comprehensive Plan Updates

The comprehensive plan is the long-range guiding document of the City and is fully updated every five to eight years in cooperation with other local jurisdictions and Whatcom County. In the intervening years the City or private applicants may propose amendments no more than once per year unless an emergency situation exists.

At the December 3, 2018 City Council meeting, Councilmembers moved to close the public hearing associated with the 2018 Comprehensive Plan Amendment docket, with the expectation of approving all of the proposed amendments with the exception of the proposed modification to property on Thornton Street. At the Planning and Land Use Committee meeting on January 2, 2019, committee members expressed continued concerns with modifying the land use and establishing a development agreement so far in advance of a development proposal. Having reached the same conclusions independently, on January 3, 2019, the property owner formally withdrew her rezone proposal. As a result, the following items are proposed for the 2018 Comprehensive Plan Amendment docket:

1.       Removal, modification, or renaming of the floodway land use designation. With this modification, properties currently subject to the designation would instead be designated based on the adjacent land use designations, and the properties would also be rezoned to the adjacent zoning designation.

2.       Comprehensive plan land use map change: South Portal. The recommendation is to change the land use designation in this area from Commercial to Medium or High Density Residential. In recent years there has been a significant shift in ownership in the area and some of the long-term uses have ceased or may soon cease. The existing Commercial land use designation anticipates a variety of uses for an area that does not appear to be conducive to those uses.

3.       Comprehensive Land Use Change: Donna Lane. This amendment would change the land use designation of this property in the vicinity of Thornton Street from Commercial to Low Density Residential, consistent with adjacent residential properties to the west. The zoning will be RS medium.

Councilmember K. Hansen moved, and Councilmember Kennedy seconded, to approve the agenda bill. MOTION CARRIED 7-0.

 

 

 

 

 

 

 

APPROVED

ADJOURNMENT: Meeting was adjourned at 6:56 p.m.  

 

Summary of December 4th, 2018 Council Meeting

Agenda Materials Found Here

 City Council Agenda Follow-Up

December 3, 2018

 
CALL TO ORDER/FLAG SALUTE/ROLL CALL  
PUBLIC COMMENT INFO ONLY
CONSENT AGENDA

Councilmember Taylor moved, and Councilmember G. Hansen seconded, to approve the consent agenda.  MOTION CARRIED 7-0.

 

 

APPROVED

 

INTRODUCTION/SWEARING OF MUNICIPAL COURT JUDGE MARK KAIMAN

 

INFO ONLY
PUBLIC HEARING: Comprehensive Plan Updates Ordinance

The comprehensive plan is the long-range guiding document of the City and is fully updated every five to eight years in cooperation with other local jurisdictions and Whatcom County. In the intervening years the City or private applicants may propose amendments no more than once per year unless an emergency situation exists.

There are two types of amendments: to the text and to the Land Use Map. In the proposed ordinance, all changes are primarily map amendments. The FEMA Floodway Modification amendment requires a minor change to the existing text, as a result of the map change.

The three proposed modifications are:

1.       Removal, modification, or renaming of the floodway land use designation. With this modification, properties currently subject to the designation would instead be designated based on the adjacent land use designations, and the properties would also be rezoned to the adjacent zoning designation.

2.       Comprehensive plan land use map change: South Portal. The recommendation is to change the land use designation in this area from Commercial to Medium or High Density Residential. In recent years there has been a significant shift in ownership in the area and some of the long-term uses have ceased or may soon cease. The existing Commercial land use designation anticipates a variety of uses for an area that does not appear to be conducive to those uses.

3.       Comprehensive Land Use Change: Donna Lane/Thornton Street. This amendment would change the land use designation of two properties in the vicinity of Thornton Street. The southern property would change from Commercial to Low Density Residential, consistent with adjacent residential properties to the west. The amendment would also make the northern property entirely commercial.

Councilmember Watson moved, and Councilmember Xczar seconded, to approve the removal of the floodway designation and the South Portal land use map change. (Items #1 & 2) MOTION CARRIED 6-1, Councilmember Olson opposed.

Councilmember G. Hansen moved, and Councilmember Kennedy seconded, to approve the comprehensive land use change for the southern property in the vicinity of Thornton Street from Commercial to Low Density Residential. (Item #3) MOTION CARRIED 6-1, Councilmember Olson opposed.

Councilmember Kennedy moved, and Councilmember K. Hansen seconded, to direct staff to draft a development agreement requiring a residential buffer on the western and southern boundaries of the northern property, with homes no taller than 35 feet. The land use change to Commercial is pending the approval of the development agreement. MOTION CARRIED 7-0.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

DIRECTION PROVIDED TO STAFF

PUBLIC HEARING: Public/Institutional Zone Setbacks Modifications Ordinance

The Public/Institutional (P/I) Zone was established for the purpose of creating a zoning designation that would facilitate the development of public buildings. Prior to the establishment of this zone, public buildings could be allowed in any zone, subject to a variety of different review processes.

Currently, the P/I zone is silent in terms of setbacks but refers to the underlying or adjacent zone for guidance. However, the P/I zone is a zone unto itself, so a reference to an underlying or adjacent zone is somewhat misleading.

The proposed amendments establish setbacks in the P/I zone of 20 feet from the front, 5 feet on the sides, and 10 feet from the rear. These setbacks may be reduced if the adjacent zone has a lesser value.

Councilmember Taylor moved, and Councilmember Watson seconded, to approve the agenda bill. MOTION CARRIED 7-0.

 

 

 

 

 

APPROVED

 

PUBLIC HEARING: Nordic Way Rezone Ordinance

The area generally east of Haggen grocery store has been zoned for commercial purposes since the 1970’s, despite the fact that many of the largest businesses in the area are clearly more industrial in nature, and operate as legally non-conforming uses. For several years, property owners in this area have focused on the redevelopment of this area for large retail/big-box purposes. Since that time several of the property owners in the area have indicated that absent a large retail development, the City’s inventory of commercial properties far exceeds the need, and the inventory of serviced properties in General Business zoning is rapidly shrinking. Property owners in the area initiated a formal rezone request.

Councilmember Taylor moved, and Councilmember Kennedy seconded, to approve the agenda bill. MOTION CARRIED 7-0.

 

 

 

 

 

APPROVED

ORDINANCE: 2018 Budget Amendment

The budget amendment transfers funds to the stormwater fund, related to the Gateway Storm and Washington Street, Main to Vista projects.

Councilmember K. Hansen moved, and Councilmember G. Hansen seconded, to approve the agenda bill. MOTION CARRIED 6-1, Councilmember Olson opposed.

 

 

APPROVED

ORDINANCE: Adoption of 2019 Operating Budget

Councilmember Taylor moved, and Councilmember Xczar seconded, to approve the agenda bill. MOTION CARRIED 4-3, Councilmembers Olson opposed, Watson, and K. Hansen opposed.

 

APPROVED

DISCUSSION: School Resource Officer Interlocal Agreement

The School District and the City believe that it is in the best interest of the Ferndale public school system to have a law enforcement presence in the schools, so they have established a “School Assigned Officer” (SAO) program. The SAO provides services on a rotating and random basis to all schools in the district during the ten-month school year. The proposed interlocal agreement extends the program for the 2018-2019 and 2019-2020 school years.

The proposed annual payment from the School District to the City is $63,135 for the 2018-2019 school year, and $65,503 for the 2019 – 2020 school year.

On Wednesday, November 28, the Finance & Administration Committee forwarded the item to the full Council for further discussion with a recommendation of approving a 180-day contract for the 2018 – 2019 school year only.

Councilmember Kennedy moved, and Councilmember Taylor seconded, to approve the 2-year interlocal agreement as presented.

 

Councilmember K. Hansen moved, and Councilmember G. Hansen seconded, to amend the motion to decrease the term of the agreement to a one-year, 180-day contract for the 2018 – 2019 school year.

ON THE AMENDMENT: MOTION CARRIED 7-0.

ON THE MAIN, AMENDED MOTION: MOTION CARRIED 7-0.

 

 

 

 

 

APPROVED

AS AMENDED

 

 

 

APPOINTMENT: Andrew Hansen, Arts Commission

Councilmember Taylor moved, and Councilmember Olson seconded, to approve the appointment. MOTION CARRIED 6-0, Councilmember G. Hansen abstaining.

 

APPROVED

ADJOURNMENT: Meeting was adjourned at 8:52 p.m.  

 

November 19th, 2018 Council Meeting Summary

Click Here for Meeting Materials

 City Council Agenda Follow-Up

November 19, 2018

 
5:00 STUDY SESSION: 2019 Budget Forecast INFO ONLY
CALL TO ORDER/FLAG SALUTE/ROLL CALL  
PUBLIC COMMENT INFO ONLY
CONSENT AGENDA

 

Councilmember Watson moved, and Councilmember Taylor seconded, to approve the consent agenda.  MOTION CARRIED 7-0.

 

 

 

APPROVED

 

LOBBYIST PRESENTATION/ADOPTION OF 2019 LEGISLATIVE AGENDA

 

City Lobbyist Brian Enslow presented a summary of the most recent legislative session. The 2019 Legislative Agenda includes:

·         Ensure transportation projects (Thornton Road Overpass and I-5/Slater Road Interchange) remain funded.

·         Pursue strategic opportunities for infrastructure funding, particularly the Water/Wastewater Treatment Plant expansion.

·         Secure funding for the Metalworks Skate Park.

·         Ensure adequate funding for new planning requirements.

·         Potential changes to the Growth Management Act.

 

Councilmember Watson moved, and Councilmember Kennedy seconded, to adopt the legislative agenda as presented. MOTION CARRIED 7-0.

 

 

 

 

 

 

 

APPROVED

PRIVATE DEVELOPMENTS UPDATE

 

Associate Planner Haylie Miller presented an overview of the subdivision review process and the following steps that are required:

·         Counter visit and/or phone call from potential applicant

·         Pre-Application Meeting, followed by the submittal of a complete application

·         Pre-technical review committee meeting among staff members, followed by a technical review committee meeting including the applicant, during which conditions are discussed

·         Conditions discussed at the meeting are incorporated into a staff report, which is included in the hearing examiner materials

·         Public hearing and environmental review are noticed

·         The public hearing is held, and the hearing examiner makes a decision

·         If approval is recommended by the hearing examiner, the next step is preliminary plat layout approval

·         Civil plan (infrastructure) review & issuance, followed by infrastructure installation

·         Final plat recording

·         Building permits application

 

 

 

 

 

 

 

 

 

INFO ONLY

PUBLIC HEARING: 2019 Property Tax Levy Ordinance

Sirke Salminen presented the ordinance and explained that the City is taking the annual allowed 1% increase and banking the $160,000 one-time payment which resulted from overpayment to Whatcom County Fire District #7 as part of the annexation of the City. A public hearing is required to adopt the ordinance. The public hearing was held, and no members of the public spoke.

Councilmember Taylor moved, and Councilmember G. Hansen seconded, to approve the agenda bill. MOTION CARRIED 7-0.

 

 

 

APPROVED

 

DISCUSSION: School Resource Officer Interlocal Agreement

The School District and the City believe that it is in the best interest of the Ferndale public school system to have a law enforcement presence in the schools, so they have established a “School Assigned Officer” (SAO) program. The SAO provides services on a rotating and random basis to all schools in the district during the ten-month school year. The proposed interlocal agreement extends the program for the 2018-2019 and 2019-2020 school years.

The proposed annual payment from the School District to the City is $63,135 for the 2018-2019 school year, and $65,503 for the 2019 – 2020 school year.

On Wednesday, November 14, the Finance & Administration Committee requested that staff re-negotiate the school resource officer agreement with the school district to increase the annual payment the District makes to the City.  Chief of Police Kevin Turner presented information about the School Resource Officer position and salary.

Councilmember Olson moved, and Councilmember K. Hansen seconded, to send the item back to the Finance & Administration Committee. Motion failed 2-5, Councilmembers Olson and Taylor in favor.

 

Councilmember G. Hansen moved, and Councilmember Watson seconded, to direct staff to ask the School District to increase the compensation to the City to $87,000 for each year of the two-year contract. MOTION CARRIED 6-1, Councilmember Kennedy opposed.

 

 

 

 

 

 

 

DIRECTION PROVIDED TO STAFF

NON-REPRESENTED EMPLOYEE CONTRACTS

Councilmember Kennedy moved, and Councilmember Taylor seconded, to approve the contracts as presented.

 

Councilmember G. Hansen moved, and Councilmember Taylor seconded, to amend the motion to decrease the term of the contracts from three years to two years.

 

ON THE AMENDMENT: MOTION CARRIED 6-1, Councilmember Olson opposed.

 

ON THE MAIN, AMENDED MOTION: MOTION CARRIED 4-3, Councilmembers Olson, Xczar, and Watson opposed.

 

 

 

 

 

APPROVED

ADJOURNMENT: Meeting was adjourned at 8:12 p.m.  

 

Summary of November 6th, 2018 Council Meeting

Meeting Materials can be found here

 City Council Agenda Follow-Up

November 5, 2018

5:00 STUDY SESSION: 2019 Budget Forecast INFO ONLY
CALL TO ORDER/FLAG SALUTE/ROLL CALL  
PUBLIC COMMENT INFO ONLY
CONSENT AGENDA

The PRTAB Appointment was removed from the consent agenda at the request of Mayor Mutchler.

Councilmember Taylor moved, and Councilmember G. Hansen seconded, to approve the consent agenda as amended.  MOTION CARRIED 7-0.

 

APPROVED AS AMENDED

 

PRTAB APPOINTMENT

Councilmember G. Hansen moved, and Councilmember Kennedy seconded, to approve the appointment of Ellie Margulies to the PRTAB. MOTION CARRIED 7-0.

 

APPROVED

CAPITAL PROJECTS UPDATE

Public Works Project Manager Katy Radder presented an update on the following capital projects:

·         Washington Street, Main to Vista – Paving, speed table installation, restoration/landscaping, and striping have all been completed. The road is open.

·         Cherry Street & Pioneer Park Sidewalks – Both projects are complete and within the budgeted amount.

·         Upcoming Projects: TIB Grant applications have been submitted for Main Street to Barret Road, Portal Way Sidewalks & Thornton Street Overcrossing.

·         Early 2019 anticipated projects include: Ferndale Terrace Reconstruction Design, Stormwater Decant Facility, Waterline Extension (Nordic Way to Scout Place), and First Avenue/Main Street Intersection Construction.

 

 

 

 

 

INFO ONLY

PRESENTATION: County-Wide Wayfinding Analysis

 

INFO ONLY

 

PUBLIC HEARING: 2019 Preliminary Budget

Two public hearings are required prior to adoption of the 2019 operating budget. The second public hearing will be held at the December 3, 2018 meeting.

 

INFO ONLY

ORDINANCE: Park Facilities Rental Fees

Rental fees for park facilities, including athletic fields and park shelters have not been updated in over five years. Looking at comparative facilities and rentals, it is clear that the City of Ferndale has some room to be more competitive while still offering facilities at an affordable rate. This increase will help cover staff time involved in managing rentals and maintaining city facilities. Currently there are several variables used in calculating rental fees, such as Public Works call out fees, fees for turning lights on/off, and different rates for tournaments and practices. The proposed changes streamline the charges into one flat rate fee to eliminate the confusion in calculating the rental fee.

A charge for non-athletic use of the fields has been added, as well as a key rental fee to allow renters to avoid additional call out fees for closing facilities.

Councilmember Watson moved, and Councilmember Kennedy seconded, to approve the agenda bill. MOTION CARRIED 7-0.

 

 

 

 

 

APPROVED

ADJOURNMENT: Meeting was adjourned at 7:02 p.m.  

 

Summary of October 15th, 2018 Council Meeting

Meeting materials can be found here

 City Council Agenda Follow-Up

October 15, 2018

5:00 STUDY SESSION: 2019 Budget Forecast INFO ONLY
CALL TO ORDER/FLAG SALUTE/ROLL CALL  
PUBLIC COMMENT INFO ONLY
CONSENT AGENDA

Councilmember G. Hansen moved, and Councilmember Taylor seconded, to approve the consent agenda. MOTION CARRIED 7-0.

 

APPROVED

 

RECOGNITION: Municipal Court Judge Terry Lewis

Mayor Mutchler introduced Judge Lewis and thanked him for his 17 years of service as Ferndale’s Municipal Court Judge.

 

INFO ONLY

PROCLAMATION: Domestic Violence Awareness Month

Mayor Mutchler read the proclamation declaring October as Domestic Violence Awareness Month.

 

INFO ONLY

 

PRIVATE DEVELOPMENTS UPDATE

Associate Planner Haylie Miller presented an update on the following private projects:

·         Pape/Kenworth, 5435 LaBounty Drive – In the proposed Pacific Fern Business Park. Zoning is mixed-use commercial. This is a business that sells and services semi-trucks and leases large equipment.

·         Timken Flood Cut, 1689 W. Smith Road – Flood mitigation project associated with the Timkin building. It’s located in the 100-year flood plain, so mitigation is required.

·         FrinGe Brewing, 5640 Third Avenue – Beer will be brewed on premises, and there will be rotating food trucks. There will be indoor seating as well as an outdoor patio. Excess grains will be donated to local farmers, and some of their beers will be named for local events.

 

 

 

 

 

 

INFO ONLY

PUBLIC HEARING: Sign Code Amendments Ordinance

The proposed changes to the existing City of Ferndale sign code address a US Supreme Court decision related to signs within the public right-of-way, removing “content based” regulations, limiting the size of signs, and adopting other restrictions.

The proposed draft would allow agency and traffic control signs, and signs less than eight square feet in size that are not offensive, unsafe, that do not represent a hazard, and which do not impair the ability of the City to maintain the public right of way. On private property, signs would be regulated primarily based on safety and hazard, with building codes acting as the primary guidance for larger, structural signs.

Language that has been determined to be unconstitutional has been removed.

Councilmember Taylor moved, and Councilmember G. Hansen seconded, to approve the agenda bill. MOTION CARRIED 5-2, Councilmembers Olson and Watson opposed.

 

 

 

 

 

APPROVED

ADJOURNMENT: Meeting was adjourned at 6: 53 p.m.  

 

Summary of October 1st, 2018 Council Meeting

Meeting materials can be found here

 City Council Agenda Follow-Up

October 1, 2018

5:00 STUDY SESSION: 2019 Budget Forecast INFO ONLY
CALL TO ORDER/FLAG SALUTE/ROLL CALL  
PUBLIC COMMENT INFO ONLY
CONSENT AGENDA

Councilmember G. Hansen moved, and Councilmember Xczar seconded, to approve the consent agenda. MOTION CARRIED 7-0.

 

APPROVED

 

INTRODUCTION: Student Planning Commissioner/Ferndale Civics Youth Coalition INFO ONLY
CAPITAL PROJECTS UPDATE

Public Works Project Manager Katy Radder presented an update on the following capital projects:

·         Washington Street, Main to Vista – Road is being graded in preparation for curb installation. Remaining work includes paving, installation of a speed table, restoration/landscaping, and striping. Paving was scheduled for Monday, October 1 but was delayed due to weather. Weather permitting, paving will occur Wednesday and Thursday, October 3 & 4. Project anticipated completion date is in two to three weeks.

·         Cherry Street and Pioneer Park Sidewalks – Cherry Street sidewalks are nearly complete, including storm drainage, ADA sidewalks/ramps, paving, & restoration. Remaining work includes hydroseeding. Pioneer Park sidewalks are stamped, and restoration needs to be completed.

 

 

 

 

 

INFO ONLY

 

PUBLIC HEARING: Shannon Avenue Right-of-Way Vacation Request

The owner of the property located on Shannon Avenue has constructed several improvements on the property adjacent to theirs, which is City property. The property in question is immediately adjacent to a hillside at the bottom of which is a stream. In addition, the City has an existing sewer line and storm drain pipe in the area. This parcel was retained by the city when the housing development was constructed for two basic reasons: 1.) to provide maintenance access should work on the sewer line be necessary; and 2.) to act as a vegetative buffer for the critical area. (steep slope and stream.)

The City has been involved in enforcement action attempting to have the property owner remove the improvements that have encroached on approximately 4,000 square feet of City property. The improvements impede the City’s ability to access the sewer line and storm drain pipe. In addition, current environmental and permitting regulations would not allow the gravel parking area to be constructed so close to the hillside and stream.

It is staff’s opinion that this parcel does not meet the criteria required to vacate City property and recommended denying the property owner’s request to allow her to purchase the property from the City.

 

Councilmember Watson moved, and Councilmember G. Hansen seconded, to approve the vacation request as proposed.

 

Councilmember Kennedy moved, and Councilmember Taylor seconded, to postpone the vacation process until the following can be addressed: 1.) Examine the potential of the City leasing the property to the owner instead of vacating it; 2.) Critical Areas/Environmental Issues; and 3.) Review of the lot line adjustment.

 

ON THE AMENDMENT: MOTION CARRIED 7-0.

 

ON THE MAIN, AMENDED MOTION: MOTION CARRIED 5-2, Councilmembers Xczar and K. Hansen opposed.

 

 

 

 

 

 

 

APPROVED AS AMENDED

DISCUSSION: Legoe Avenue Developer’s Agreement

The property owner is requesting an amendment of the developer’s agreement that was established in 2016. That agreement rezoned the two parcels for multifamily purposes, and also specified that twelve units could be built on the primary property, and did not allow for any units to be built on the smaller adjacent property. Since 2016, the property owner has pursued his proposed development; however, the road easement west of Legoe Avenue is owned by the Ferndale School District, which has indicated that the owner will be required to construct Primrose/Siddle Lane to full City standards. The costs of such a roadway is not sustainable for the property owner. The requested amendment to the developer’s agreement would allow the property owner to reduce his costs substantially through the construction of duplexes instead of fourplexes. Since duplexes utilize space less efficiently, the request is to change the number of units on the primary property to ten, and allow two units to be built on the smaller adjacent property. The requested amendment does not change the total number of units.

 

Councilmember Olson moved, and Councilmember Kennedy seconded, to approve the amendment of the original developer’s agreement to allow one duplex on the smaller parcel with conditions as stipulated. MOTION CARRIED 7-0.

 

 

 

 

 

 

 

APPROVED

ORDINANCE: FMC Modifications – Parking in the Right-of-Way

The Ferndale Police Department is the primary department regulating parking within the public right of way, through FMC 10.08. Currently, FMC 8.08.040 and FMC 10.08.060.D contradict each other in terms of how long a vehicle may park on a city street or right-of-way. The proposed ordinance changes FMC 8.08.040 to limit the time a vehicle can be parked on a city street or right-of-way from 72 hours to 24 hours, making it consistent with FMC 10.08.060D.

 

Councilmember Watson moved, and Councilmember G. Hansen seconded, to approve the agenda bill. MOTION CARRIED 7-0.

 

 

 

 

APPROVED

ORDINANCE: Temporary Outdoor Encampments

Religious organizations have played a primary role in providing care and resources to the homeless community, often in the form of temporary outdoor homeless encampments. RCW 35A.21.360 prevents local jurisdictions from banning such encampments entirely and limits the conditions that can be placed on the encampments to those related to public health and safety. The RCW also allows a jurisdiction to identify a process for such land uses. The proposed amendments to the Ferndale Municipal Code makes outdoor homeless encampments hosted by religious organizations a separate conditional use, and clarifies the specific requirements for the encampments. A public hearing was held on this item at the August 20, 2018 Council meeting, and the item was referred back to the Planning & Land Use Committee to address various concerns, such as clarifying definitions, zoning, responsibilities of the hosting agencies, restroom facilities, and permit fees.

 

Councilmember Olson moved, and Councilmember Watson seconded to approve the ordinance with the added condition that sharps containers be provided at sites.

MOTION CARRIED 6-0, Councilmember Kennedy abstaining.

 

 

 

 

 

 

APPROVED

DISCUSSION: Water/Sewer Bills Payment Plan

In response to the impact on citizens of higher than expected summer utility bills, staff recommends adoption of the following temporary modification to utility bills payment/late fee/shut offs:

·         For water/sewer bills that have already gone out on August 31st of this year, we will not:

1.       Do any turn-offs

2.       Charge any late fees regardless of their outstanding balance.

 

·         The next round of utility bills will go out on October 31st and December 31st.

 

·         If a utility customer maintains their total outstanding utility bill at or below $200 (for the combined August 31st, October 31st and December 31st billings), the City will not charge any late fees and/or shut off their water.

·         Customers will have until February 19, 2019 to bring their balances to zero – if not, late fees will be charged, and water shut offs will occur.

 

Councilmember Watson moved, and Councilmember Olson seconded, to approve the payment plan as presented. MOTION CARRIED 7-0.

 

 

 

 

 

 

 

 

 

 

 

APPROVED

ADJOURNMENT: Meeting was adjourned at 7:46 p.m.  

 

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