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                                                                                      City Council Agenda Follow-Up June 17, 2019  
CONSENT AGENDA Councilmember Taylor moved, and Councilmember Xczar seconded, to approve the consent agenda.  MOTION CARRIED 7-0.    APPROVED
LEGISLATIVE UPDATE: Brian Enslow City Lobbyist Brian Enslow presented an update from the 2019 Legislative Session, including an overview of the 2019 operating budget. Session priorities for Ferndale included:         INFO ONLY
CAPITAL PROJECTS UPDATE: Public Works Project Manager Katy Radder presented updates on the following capital projects: First Avenue Pedestrian Improvements – the project is currently out to bid, with a bid opening date of June 27. Construction is anticipated to begin in August.Ferndale Terrace – the project is currently in the design phase.Nordic to Scout Waterline – the project is currently in the design phase, and BNSF permitting is in process. Pump Station #19 Decommissioning – currently coordinating easement language and terms with the property owner and will soon be beginning the design phase.Thornton Overpass – currently getting close to finishing with right-of-way acquisition.               INFO ONLY
PRESENTATION: Shoreline Master Program Community Development Director Haylie Miller presented an overview of the Shoreline Master Program (SMP). The SMP is regulated by the Washington State Department of Ecology. The existing version was written between 2000 and 2006, though it was not adopted by Ecology until 2010. A minor update to the Critical Areas portion was revised in May 2017 in order to comply with the City’s Critical Areas Ordinance update. The City is required to conduct a periodic review of its SMP by June 2020 in order to comply with State guidelines.       INFO ONLY
ORDINANCE: Kope Road Vacation On April 5, 2019, the Lummi Nation submitted a request to vacate a portion of Kope Road. The request complied with the procedures set forth in Ferndale Municipal Code 12.37, Road Vacations. A public hearing was held on May 20, 2019, consistent with the requirements of FMC 12.37, providing citizens with the opportunity to provide testimony regarding the vacation. Following the public hearing Council agreed to proceed with valuing the property. An appraisal set the value of the land at $114,000.00. It is staff’s belief that the public benefit criteria as defined in FMC 12.37 has been met, and the vacation will mutually benefit both the City and the Lummi Nation. Councilmember Olson moved, and Councilmember G. Hansen seconded, to send the item back to the Planning & Land Use Committee for further discussion. MOTION FAILED 3-4, Councilmembers Olson, G. Hansen and Jensen in favor. Councilmember K. Hansen moved, and Councilmember Xczar seconded, to approve the agenda bill. MOTION CARRIED 5-1, Councilmember Olson opposed and Councilmember Taylor abstaining.       APPROVED
ORDINANCE: Multifamily Tax Exemption Time Frame Extension The City Council adopted the Multifamily Tax Exemption (MFTE) program in September of 2018. The program allows property owners within the residential target area to waive property taxes associated with eligible multifamily residential development for a period of eight years. The residential targeted area designation consists of the Urban Residential and City Center zones, as well as the Griffintown neighborhood. The City Council initially expressed support for a sunset date to encourage applicants to move forward with the projects within a short timeframe. The program currently has a sunset date of December 31, 2020, allowing two years for applicants to submit building permits. This date ties eligibility to building permits (rather than Site Plan approval, etc.) Further, construction of new multifamily housing must be completed within three years from the date of approval of the application, as described in FMC 3.38.080, or within an extension authorized under the chapter. Staff believes that MFTE applications will be submitted soon for at least three new developments. The program currently requires building permits to be submitted by December 31, 2020. That deadline may be feasible; however, on average, most projects take two years or more from the initial permit submittal to the submittal of building permits. Staff recommends extending the application deadline by one year to December 31, 2021. Councilmember Xczar moved, and Councilmember G. Hansen seconded, to approve the agenda bill. MOTIN CARRIED 6-1, Councilmember Olson opposed.                     APPROVED
EXECUTIVE SESSION: RCW 42.30.110(i) Following the executive session, Councilmember Jensen moved, and Councilmember Olson seconded, to approve the settlement agreement and release between the City of Ferndale and Greg Young as presented. MOTION CARRIED 7-0.   SETTLEMENT AGREEMENT APPROVED
ADJOURNMENT The meeting was adjourned at 7:46 p.m.