Summary of December 4th, 2018 Council Meeting

December 3, 2018

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

APPROVED

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

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

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

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

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

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

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

APPROVED