Council Meeting Summary

October 1, 2018

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

APPROVED

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.

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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

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

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

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

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 31^st 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 31^st and December 31^st.

·         If a utility customer maintains their total outstanding utility bill at or below $200 (for the combined August 31^st, October 31^st and December 31^st 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

July 16, 2018

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.

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

APPROVED

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.

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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.

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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

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.

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May 21, 2018

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

APPROVED

The Washington Street Improvement Project (Main Street to Vista Drive) is part of the City’s 6-Year Transportation Improvement Program. Funding for this project has been secured, and a contract has been awarded for the work. Although the City has made a good faith effort to acquire the necessary right-of-way interests for the subject parcel, a final agreement has not been reached. In order to construct the project and meet the City’s financial and contractual obligation for completion of the project, it is necessary to obtain clear property rights. Time is of the essence, and the only alternative available for acquisition of clear property rights needed for the construction of the project may be by eminent domain.

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

APPROVED

Washington State has recognized that religious institutions have played an important role in assisting the homeless or near-homeless. In 1992 the state adopted RCW 19.27.042 allowing local jurisdictions to opt in to allow certain exemptions from building codes for deficiencies that would not be a threat to human life, health, or safety, in order to allow churches to temporarily house homeless persons. This ordinance modifies FMC 15.04 to reference RCW 35A.21.360 and RWC 19.27, allowing the City to authorize religious institutions to temporarily house the homeless or near-homeless, and places restrictions and requirements on the institutions. This item was referred back to the Planning & Land Use Committee at the last meeting. Changes have been made to the original ordinance to clarify that the City’s proposed code change is based upon the language of the applicable RCW and is intended to provide additional clarity for the City and church groups, where the City retains its responsibility to identify reasonable life-safety measures for the temporary housing of homeless and near-homeless people. Additionally, the 10-day limitation was removed.

Councilmember Watson moved, and Councilmember G. Hansen seconded, to approve the agenda bill. MOTION CARRIED 6-0, Councilmember Kennedy abstaining.

APPROVED

A proposal was brought to the Finance & Administration Committee by Councilmember Kate Hansen to promote gun & firearms awareness during the weekend of June 1 -3, and to declare June 2^nd “Wear Orange for Gun Safety Day.”

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

Councilmember Taylor moved, and Councilmember G. Hansen seconded, to amend the motion to add language to the first “Whereas,” citing the source of the information. On the amendment: MOTION CARRIED 5-2, Councilmembers Olson & Kennedy opposed.

On the main, amended motion:  MOTION CARRIED 5-2, Councilmembers Olson & Kennedy opposed.

APPROVED AS AMENDED

Information only.

COUNCIL REPORTS/COMMENTS

Information only.

INFO ONLY

May 7, 2018

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

APPROVED

In November of 2017, Council adopted a six-month moratorium on the acceptance of new storage use applications within the General Business Zone. The moratorium was established based on concerns that the proliferation of these uses could impact long-range employment projections in the General Business Zone and beyond. Adoption of the zoning text amendment removes the need for the moratorium, as it creates new definitions to better describe the variety of uses for the storage units, requires that life-safety measures be put in place based on the proposed range of uses when an application is submitted, and adopts regulations to push personal storage uses further from the right of way so that other uses such as businesses can be placed in closer proximity to the street.

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

APPROVED

Washington State has recognized that religious institutions have played an important role in assisting the homeless or near-homeless. In 1992 the state adopted RCW 19.27.042 allowing local jurisdictions to opt in to allow certain exemptions from building codes for deficiencies that would not be a threat to human life, health, or safety, in order to allow churches to temporarily house homeless persons. This ordinance modifies FMC 15.04 to reference RCW 35A.21.360 and RWC 19.27, allowing the City to authorize religious institutions to temporarily house the homeless or near-homeless, and places restrictions and requirements on the institutions.

Councilmember Kennedy moved, and Councilmember Watson seconded, to send the item back to the Planning & Land Use Committee. MOTION CARRIED 7-0.

SENT BACK TO COMMITTEE

The Development Standards were updated in 2017, and since then staff have identified some minor areas that need clarification. These amendments implement revisions and also include Standard Detail drawings for curb, speed table, and trail construction.

Councilmember Watson moved, and Councilmember Olson seconded, to approve the agenda bill with the following amendment to Chapter 19:25.030(F):  “All required performance bond securities will remain IN THEIR ORIGINAL AMOUNT until final project approval and/or maintenance bond security acceptance.” MOTION CARRIED 7-0.

APPROVED

AS AMENDED

The City currently relies on two water production wells, the Douglas Well and the Shop Well. The design and capacity of the current well system is adequate for current City production needs; however, the system lacks necessary redundancy. The City’s comprehensive water planning documents identified an emergency intertie to address this deficiency. This interlocal agreement with the City of Bellingham sets the terms by which an emergency intertie would be implemented.

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

APPROVED

FMC 15.60 is the code chapter that provides a basis for park impact fees, dedication of land in lieu of paying impact fees, and other procedural steps related to those fees. The chapter was originally crafted in the early 2000’s and still reflects many of the park-related philosophies in place at that time, including the City’s policy of seeking land dedication as a first option. The modifications tie FMC 15.60 more closely to the Parks Plan, recreating the chapter as a vehicle to implement the Parks Plan rather than as an independent but related regulatory tool. Councilmember G. Hansen moved, and Councilmember Taylor seconded, to approve the agenda bill. MOTION CARRIED 7-0.

APPROVED

The resolution sets the date for a Public Hearing regarding the potential to offer local developers tax incentives allowed by State law for the construction of multi-family housing in selected areas of the City. With recent changes to State law, this program that was previously only available to larger jurisdictions can now be offered in Ferndale. The hope is that due to these property tax deferrals, housing units will be constructed that would not otherwise be financially feasible. The Public Hearing date is June 18, 2018. Councilmember Kennedy moved, and Councilmember Taylor seconded, to approve the agenda bill with a modification to the map to include all residential property on Second Avenue. MOTION CARRIED 7-0.

APPROVED AS AMENDED

Council adjourned to Executive Session at 7:09. Regular session resumed at 7:29

Information only.

COUNCIL REPORTS/COMMENTS

Information only.

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