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.  

 

September 17, 2018 Council Meeting Summary

Meeting materials can be found here

 City Council Agenda Follow-Up

September 17, 2018

CALL TO ORDER/FLAG SALUTE/ROLL CALL  
PRESENTATION: Erika Nurenberg, Whatcom County Health Department INFO ONLY
PUBLIC COMMENT INFO ONLY
2018 RECREATION PROGRAM RECAP

Communications Officer/Recreation Coordinator Riley Sweeney and intern Annie Leete presented a summary of the 2018 parks events, which included:

·         Glow in the Dark Croquet

·         Wee One Nature Hunt

·         Food Truck Fridays

·         Yoga in the Park

·         Music in the Park (two different dates/bands)

·         The Great Ferndale Midsummer Mystery

·         Flicks in the Park (Games before the movie)

·         Field Games

·         Tie-Dye Your T-Shirt

·         Operation Splash Mob

 

 

 

 

 

 

INFO ONLY

CONSENT AGENDA

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

 

APPROVED

 

INTRODUCTION: New SCOPE Officers

Chief of Police Kevin Turner introduced the new volunteer SCOPE (Senior Citizens on Patrol Enhancement) Officers. SCOPE Officers perform security checks on vacant homes, enforce disabled parking violations, assist during special events, & operate the radar reader board.

 

 

INFO ONLY

PRIVATE DEVELOPMENTS UPDATE

Associate Planner Haylie Miller provided updates on the following private projects:

·         Skyline Properties –  Long plat subdivision consisting of 5 single family parcels, located at the intersection of Vista & Thornton.

·         Campbell Short Plat – Mixed-use commercial short plat, located on Barrett Road.

·         Vista Springs Long Plat – Long plat, 8 proposed lots, located on the east side of Vista Drive.

 

 

INFO ONLY

 

PUBLIC HEARING: Complete Streets Program Ordinance

The Complete Streets Program is a process in which streets are designed considering uses other than just automobiles, such as pedestrians, bicycles, transit, etc. Aesthetics, the environment, and overall economic development are also considerations in this model.

Washington State and the Transportation Improvement Board (TIB) have allocated significant grant funds to support jurisdictions with Complete Streets Ordinances.  In addition to adopting an ordinance, the City must be nominated to the TIB for this funding by one or more nominating agencies. Nominating agencies include WSDOT, WA Department of Commerce, the WA Department of Health, and Futurewise. The Transpo Group is assisting City Staff in developing a draft ordinance and completing the nomination process.

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

 

 

 

 

 

APPROVED

 

PUBLIC HEARING: Multifamily Tax Exemption Ordinance

In the mid-1990’s Washington State established RCW 84.14 which allowed jurisdictions meeting certain size or planning requirements to waive property taxes on new or rehabilitated multifamily development in “Residential Targeted Areas” within Urban Centers for up to eight years. The program’s goal is to incentivize multifamily development in those areas where demand exists but residential units are not being built. At the September 12 Planning & Land Use Committee meeting, various decisions points were discussed and are reflected in the updated ordinance, as are concerns expressed by Whatcom County Fire District #7.

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

 

 

 

 

 

APPROVED

DISCUSSION: Water/Sewer Bills Payment Plan

In anticipation of funding the new Water/Wastewater Treatment Plant, on June 19, 2017, Council approved an ordinance increasing sewer connection fees by 25% for one year, increasing sewer rate fees by 3% for one year, and eliminating the summer discount beginning in 2018.

As the June/July 2018 bills have been distributed, and the City has received feedback from the public on the impact of the rate changes, Council is reexamining this issue, and exploring options to assist citizens in paying their bills.

Mayor Mutchler shared information regarding City plans to improve water service to citizens.

By general consensus, this item was sent back to the September 26, 2018 Finance & Administration Committee.

 

 

 

 

DISCUSSION ONLY

ENGINEERING SERVICES CONTRACT: Water Treatment Plant Upgrade

The scope of services to be provided by Wilson Engineering and subconsultants covers design and bidding phase services for the proposed Water Treatment Plant Upgrade Project. This phase of the project will include developing a project report per DOH requirements, pilot study, plans, specifications, bid documents, and bidding the project. This includes all work associated with the construction of a building addition; two additional reverse osmosis treatment units, remineralization system, anti-scalant addition system, new/modified piping, electrical controls, and jib cranes. Approval is sought for the bid amount of $296,000 plus a 10% contingency.

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

 

 

 

 

APPROVED

ENGINEERING SERVICES CONTRACT: Shop Well #2 Well House Project

The scope of services to be provided by Wilson Engineering and subconsultants covers design and bidding phase services for the proposed Shop Well #2 Well House Project. This phase of the project will include developing plans, specifications, and bid documents and bidding the project. This includes all work associated with the construction of a 1,000 gpm water supply well, piping connections to existing water transmission line, 10’X20” building, site improvements, retaining wall, electrical, controls, SCADA programming and additional miscellaneous items. Approval is sought for the bid amount of $120,412 plus a 10% contingency.

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

 

 

 

 

APPROVED

ORDINANCE: Temporary Outdoor Encampments

By general consensus, this item was deferred to the October 1, 2018 Council meeting.

DEFERRED TO OCTOBER 1
ADJOURNMENT: Meeting was adjourned at 9:25 p.m.  

 

Summary of August 20, 2018 Council Meeting

You can find all the related Agenda Documents here

City Council Agenda Follow-Up

August 20, 2018

STUDY SESSION: Proposed Court/Council Chambers Project

The current Court/Council Chambers facility does not meet the physical facility standards and access control standards as established by the Board for Judicial Administration Court Security Committee’s Courthouse Public Safety Standards. In addition to safety issues, the building lacks a jury room, separate meeting rooms for attorneys to meet with clients, and often exceeds the recommended occupancy levels.  There are also issues in the building with flooding and mold. Architect David King presented the proposed plan for building a Municipal Court/Council Chambers facility at the current Police Station.

INFO ONLY
PUBLIC COMMENT INFO ONLY
CONSENT AGENDA

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

 

APPROVED

 

PRIVATE PROJECTS UPDATE

Associate Planner Haylie Miller presented updates on the following private projects:

·         Main Street Village – located south of the Hendrickson and Main Street intersection, this project consists of 44 townhome-style units. There are 11 lots total, with each lot having 4 units. There is a trail dedication along the east side of the development that runs from Main Street to the townhomes. Construction is currently underway.

·         LaBounty Apartments – located on the east side of LaBounty, this project consists of 71 apartment units. Permits were submitted back in 2014. There are three buildings total, two of which have been completed and are fully occupied. A small recreation area will be added when the third building is complete. The developer removed blackberries, which are an invasive species, and replaced them with native tree species as part of their critical areas mitigation plan.

INFO ONLY
PUBLIC HEARING: Sign Code Revision 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 in order to eliminate signs in close proximity to roundabouts and in maintained lawn areas of the right of way. The regulations would not go into effect until January 1, 2019 to allow sufficient time for public outreach.

 By general consensus, this item was sent back to the Planning & Land Use Committee for further discussion.

PUBLIC HEARING: Temporary Outdoor Homeless 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.

 By general consensus, this item was sent back to the Planning & Land Use Committee for further discussion.

DISCUSSION: Council Rules of Procedure

The Finance & Administration Committee has spent several meetings reviewing and updating the current Council rules. This process is still ongoing at the Committee level. Staff recommended breaking the document into sections for discussions and approval over several meetings, rather than waiting to bring it in its entirety at one meeting.

Councilmember Kennedy moved, and Councilmember K. Hansen seconded, to recommend approval of Council Rules #1 – 11 with the following changes:

Item #3 – Change the third sentence to read “The Mayor or any three  four Councilmembers may call a special meeting giving 24-hour notice.”

Item #5 – Change the third paragraph to read “In the event of a protracted absence (defined as more than 30 days duration) by the Mayor, the Mayor Pro Tempore shall assume full  mayoral executive and administrative authority and responsibility until such time….”

 

Councilmember G. Hansen moved, and Councilmember Taylor seconded, to amend the motion to remove the third sentence in Item #5 entirely.

 

On the amendment: MOTION CARRIED 7-0.

 

On the main, amended motion: MOTION CARRIED 7-0.

 

 

 

 

SENT BACK TO COMMITTEE

 

 

 

 

 

 

 

 

APPROVED

AS AMENDED

MAYOR REPORTS/COMMENTS INFO ONLY
COUNCIL REPORTS/COMMENTS INFO ONLY
ADJOURNMENT: Meeting was adjourned at 7:25 p.m.

 

Summary of August 6th, 2018 Council Meeting

You can find all the related Agenda Documents here

City Council Agenda Follow-Up

August 6, 2018

 
CALL TO ORDER/FLAG SALUTE/ROLL CALL

** By general consensus, the Multifamily Tax Exemption Ordinance was removed from the agenda and sent back to the August 15, 2018 Planning & Land Use Committee for further discussion. **

 
PUBLIC COMMENT INFO ONLY
CONSENT AGENDA

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

 

APPROVED

 

PROCLAMATION: Community Health Center Week August 12 – 18

Mayor Mutchler proclaimed August 12 – 18 to be Community Health Center Week.

 

INFO ONLY

CAPITAL PROJECTS UPDATE

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

·         Washington Street – Water line installation is nearly complete. Hydrants are being installed, a new storm system from Main Street to Hamlin and new sewer lines from Vista Drive to Sterling are being installed.

·         Portal Way Compact Roundabout – Storm drainage work is ongoing. The next step will be road widening. The exit will be closed from Monday, August 13 to Friday, August 17.

·         Cherry Street & Pioneer Park Sidewalks – Underground work (trenching for natural gas lines) is complete. Sidewalk installation on Cherry street will begin Tuesday, August 7, and the Pioneer Park sidewalks will begin after Cherry Street is complete.

 

 

 

 

 

 INFO ONLY

CLOSED RECORD PUBLIC MEETING: East Gate PUD Resolution

The East Gate Planned Unit Development (PUD) consists of two lots located at 6170 Portal Way, to be used for two commercial mixed-use buildings and 20 residential lots designed for duplex and fourplex townhome buildings, totaling 64 residential units. The project includes sidewalks, trails, open space, landscaping, private roadways, parking, infrastructure, storm facilities, and frontage improvements.

Planned Unit Development applications follow the process as described in FMC 14.09.060. The application is heard by the City’s Hearing Examiner at a public hearing. The Hearing Examiner then issues a recommendation to the City Council to be considered at a Closed Record Public Meeting.

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

 

 

 

 

 

APPROVED

ORDINANCE: Water Restrictions Violations

Council passed Resolution #18-07-30-A at a special meeting on 7/30/2018, establishing mandatory water restrictions until October 31, 2018, due to concerns that during the peak summer months the level of withdrawal from the City’s well systems is in danger of exceeding capacity to supply water. This ordinance updates the penalty structure and fines, which have not been adjusted since 1981. Previously, the penalty for a first offense was $25 AND water shut-off. The proposed penalty structure was:

 

 

 

 

First offense:                                          Written Warning

Second offense:                                     $100

Third and subsequent offense(s)        $250 and water shut off

 

Councilmember K. Hansen moved, and Councilmember Kennedy seconded, to amend the fees to $50 for the second offense and $125 plus water shut off for the third offense.

 

Councilmember G. Hansen moved, and Councilmember Watson seconded, to amend the motion to remove the water shut-off for the third offense.

 

On the amendment: MOTION CARRIED 4-3, Councilmembers Watson, Taylor, & Olson opposed.

 

On the main, amended motion: MOTION CARRIED 4-3, Councilmembers Watson, Taylor & Olson opposed.

 

 

 

 

APPROVED

AS AMENDED

DISCUSSION: 2018 Mid-Year Review & 2019 Projections

Finance Director Sirke Salminen presented information regarding the preparation of the 2019 budget.

 

INFO ONLY

DISCUSSION: Disposition of 2076 Washington Street

The City recently purchased 2076 Washington Street. The two adjoining houses (one of which has been demolished) have previously been purchased to make room for a future roundabout at the Washington/Vista intersection. There are no immediate plans for construction of the roundabout, so staff sought direction from Council on what to do with the house in the meantime. The house next door is being utilized by Interfaith Coalition for transitional housing.

Councilmember K. Hansen moved, and Councilmember Watson seconded, to designate the house for Interfaith transitional housing. MOTION CARRIED 6-1, Councilmember Kennedy opposed.

 

 

DIRECTION PROVIDED TO STAFF

MAYOR REPORTS/COMMENTS

Information only.

COUNCIL REPORTS/COMMENTS

Information only.

 

 

INFO ONLY

ADJOURNMENT: Meeting was adjourned at 7:26 p.m.  

 

Summary of July 16th, 2018 Council Meeting

You can find all related Agenda documents here

City Council Agenda Follow-Up

July 16, 2018

CALL TO ORDER/FLAG SALUTE/ROLL CALL  
PUBLIC COMMENT INFO ONLY
BREWING OVER CITY BUSINESS

Brewing Over City Business is a pilot program to increase transparency and civic participation. It is made possible by a generous donation from Woods Coffee and support from the Whatcom Community Foundation as part of the Project Neighborly initiative.  First-time attendees to a Ferndale City Council meeting sign up at the beginning of the meeting to receive a free $10 Woods Coffee card. When the meeting is over, those who signed up will receive their card. Students who are attending the meeting as a class requirement are not eligible.

 

 

 

INFO ONLY

CONSENT AGENDA

Councilmember G. Hansen moved, and Councilmember Taylor seconded, to approve the consent agenda. MOTION CARRIED 6-0.

 

APPROVED

 

THORNTON OVERCROSSING PROJECT UPDATE

Current status: Design is 60% complete, BNSF comments are being addressed, and right-of-way acquisition and environmental permitting are underway.

Estimated timetable: Design anticipated to be completed by the end of 2018. Right-of-way acquisition and environmental permitting is expected to be completed in June 2019. Advertisement for bids to be in July 2019.

Construction pre-load is anticipated to begin in September 2019, with the expectation that it will take approximately 18 months.

Bridge & road construction is expected to begin in April 2021, and should take approximately 20 months, with completion expected by January 2023.

 

 

 

 

INFO ONLY

PRIVATE DEVELOPMENTS UPDATE

Associate Planner Haylie Miller presented updates on the following private development projects:

·         Taco Bell – the existing Denny’s building will be demolished and replaced with a smaller building with a drive-through. Construction is expected to begin within the next two or three months.

·         LaBounty Apartments – 150 unit complex consisting of 5 buildings with 30 units each. This is a 9-acre site, located west of the existing Labounty Place Apartments. Groundbreaking is expected to be in approximately one year.

·         Third Avenue Duplexes – Two duplexes, located across from Ferndale Grain. They are almost complete and ready for occupancy.

 

 

 

 

 

 INFO ONLY

ORDINANCE: Modifications to FMC 6.02 – Animal Control Enforcement

The City has a contract with the Whatcom Humane Society for animal control services. They have informed staff that the Ferndale Municipal Code does not grant specific authority to confiscate prohibited domestic fowl such as roosters, peacocks, and guinea fowl. While those types of fowl are prohibited according to FMC 6.02.207, the existing language is insufficient to allow Animal Control to confiscate the animals if found to be in the possession of a property owner or roaming at large.  The additional proposed language states that prohibited fowl are subject to confiscation, and will suffice to grant Animal Control that authority.

Councilmember Olson moved, and Councilmember Watson seconded, to approve the agenda bill.

MOTION CARRIED 6-0.

 

 

 

 

 

APPROVED

 

MAYOR REPORTS/COMMENTS

Information only.

COUNCIL REPORTS/COMMENTS

Information only. Councilmember Olson moved, and Councilmember Kennedy seconded, to excuse Councilmember K. Hansen’s absence. MOTION CARRIED 6-0.

 

 

INFO ONLY

ADJOURNMENT: Meeting was adjourned at 6:43 p.m.  

 

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