Council Meeting Summary

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.  

 

October 16, 2018

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.  

 

October 2, 2018

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.  

 

September 18, 2018

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.

 

August 21, 2018

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.  

 

August 9, 2018

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.  

 

July 17, 2018

Summary of June 18th, 2018 Council Meeting

You can find all related Agenda documents here

City Council Agenda Follow-Up

June 18, 2018

  
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

 
CAPITAL PROJECTS UPDATE INFO ONLY
PUBLIC HEARING: Skyview Ridge Street Vacation Ordinance

In the early 2000’s, two subdivisions were being developed, South Douglas Division 1 and Skyview Ridge. The City required realignment of the intersection of Douglas and Church as a condition of development in order to improve driver safety. The property to be vacated is indicated on the preliminary plat, which was approved by the City Council at the time the proposals were originally presented. Denial of the vacation would result in the loss of one buildable lot and would make it difficult to meet the current zoning density requirements.

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

  

 

 

APPROVED
ORDINANCE: Acquisition of 2076 Washington Street

The City is proposing to purchase the house at 2076 Washington Street in order to make room for a future roundabout. If the purchase is unsuccessful, this ordinance provides the City with the authority to take the property by eminent domain. It also allows the seller to forego the real estate excise tax payment, which served as an incentive for him to sell the property to the City. The two adjoining houses have recently been purchased by the City, and 2076 Washington is the final property that needs to be acquired to assure room for a roundabout.

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

 

 

 

 

 

APPROVED

 
CLOSED RECORD PUBLIC MEETING: Bungalows PUD

The Bungalows Planned Unit Development (PUD) consists of 76 single family lots on two adjacent parcels totaling approximately 25 acres, addressed as 5434 Shields Road and 1385 Smith Way. It is designed as a 55+ adult community and includes open spaces, trails, a green belt, and associated infrastructure. This PUD has received a recommendation of approval from the Hearing Examiner, following a public hearing.

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

  

 

 

APPROVED

 

 

 

 
DISCUSSION: Downtown Catalyst Incentive Program

This intent of this program is to spur downtown development. A vibrant downtown core represents a broad public purpose by enhancing community identity, by providing goods, services, and shopping opportunities in close proximity to one another, and by maintaining a compact, mixed-use area where residents may live, work, shop, and play. To incentivize downtown development, this program allows the City to waive all administrative, impact, and connection fees for up to three mixed-use development projects that meet certain criteria. City staff is seeking input from the Council as to the specific parameters, and anticipate bringing a formal incentive program for Council’s consideration to a meeting in the near future.

  

 

 

DISCUSSION ONLY

 
MAYOR REPORTS/COMMENTS

Information only.

COUNCIL REPORTS/COMMENTS

Information only.

  

INFO ONLY
ADJOURNMENT: Meeting was adjourned at 7:29 p.m.  

 

June 19, 2018

Summary of June 4th, 2018 Council meeting

You can find all the related Agenda Documents here

City Council Agenda Follow-Up

June 4, 2018

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

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

  

APPROVED

 
INTRODUCTION: Brian Lewellen, Police Officer INFO ONLY
PRESENTATION: Susan Marks, Commission Against Domestic Violence INFO ONLY
COMMUNITY DEVELOPMENT UPDATE: PUD Overview

Associate Planner Haylie Miller reviewed the process for a Planned Unit Development (PUD)

 

  

INFO ONLY

 
PUBLIC HEARING: 6-Year Transportation Improvement Program Resolution

RCW 35.77.010 requires the City to adopt a six-year plan for coordinated transportation program expenditures by July 1st of each year. After the program is adopted, it is submitted to the Secretary of Transportation. Adopting the TIP allows the City to apply for federal grants to secure funding for the projects. The current Transportation Improvement Program (TIP) is for 2019 – 2024. It is substantially similar to the 2018 – 2023 TIP, and includes the following projects:

 

·         Douglas Road – S. Church to Imhoff – Reconstruct & widen streets

·         Ferndale Terrace Improvement Project – Reconstruct & widen streets

·         Legoe Avenue – Reconstruct & widen streets

·         Main Street – Barrett Rd to East City limits – Reconstruct & widen streets

·         Main/LaBounty Roundabout – 2 lane roundabout, frontage, & signal improvements

·         Pavement Rehabilitation Program – City wide

·         Portal Way Corridor, including pedestrian & bike improvements

·         Sidewalk Program – Repair/Replace/New – City wide

·         Signalization Upgrades – Main Street

·         Slater Road Corridor

·         Thornton Road – Church to Maureen – Curb, gutter, sidewalk, & storm

·         Thornton Road – Vista to Malloy – Curb, gutter, sidewalk, & bike lane

·         Thornton Overcrossing – Bridge over BNSF tracks with connector to 2nd Avenue

·         Washington & Vista Intersection Improvements

 

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

  

 

 

 

 

 

 

 

 

 

 

APPROVED
INTERLOCAL AGREEMENT – Jail Facility Use

This agreement sets the terms and conditions for the incarceration of City residents in the Whatcom County Jail Facility. Due to the need to renovate the existing facility, the per diem fees have increased from the previous agreement. The term of the agreement is July 1, 2018 to June 30, 2020.

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

  

 

 

APPROVED

 
APPROVAL: East Slater Notice of Intent to Annex

Approval of the Notice of Intent to Annex is the first step in the annexation process. A “yes” vote from Council allows the applicants to proceed with the annexation process. The process culminates in a formal Petition to Annex that will be accompanied by fees necessary to pay for a Fiscal Impact Analysis of the costs/benefits of annexation.

The East Slater Urban Growth Area (approximately 149 acres) was added to Ferndale’s UGA in 2016. At that time, the City Council determined that it should be made eligible for annexation, per the City’s Annexation Phasing Plan. All or a majority of the land would likely be subject to a Mixed-Use Commercial or General Business zoning designation.

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

  

 

 

 

 

APPROVED
MAYOR REPORTS/COMMENTS

Information only.

COUNCIL REPORTS/COMMENTS

Information only.

  

INFO ONLY
EXECUTIVE SESSION: RCW 42.30.110(b)

Council adjourned to Executive Session at 6:46 p.m. Regular session resumed at 7:01 p.m. Councilmember G. Hansen moved, and Councilmember Kennedy seconded, to pursue the purchase of the property at 2076 Washington Street.

Councilmember Olson moved, and Councilmember Watson seconded, to amend the motion to specify that all monies for the purchase will come from the REET 1 and REET 2 Funds.

On the amendment: MOTION FAILED 1-6, Councilmember Olson in favor.

Councilmember G. Hansen moved, and Councilmember K. Hansen seconded, to amend the motion to specify that funds for the purchase will not come out of the General Fund.

On the amendment: MOTION CARRIED 7-0.

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

  

 

 

 

APPROVED

AS

AMENDED
ADJOURNMENT: Meeting was adjourned at 7:10 p.m.  
June 5, 2018

Summary of May 21st, 2018 Council Meeting

You can find all the related Agenda Documents here

City Council Agenda Follow-Up

May 21, 2018

  
STUDY SESSION: Capital Project Funding INFO ONLY
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

 
CAPITAL PROJECTS UPDATE INFO ONLY
PUBLIC HEARING: Washington Street Condemnation Ordinance

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
ORDINANCE: Overnight Housing in Religious Facilities

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
RESOLUTION: Gun Safety Awareness Day

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 2nd “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

 
MAYOR REPORTS/COMMENTS

Information only.

COUNCIL REPORTS/COMMENTS

Information only.

  

INFO ONLY
ADJOURNMENT: Meeting was adjourned at 7:20 p.m.  
May 22, 2018

Summary of May 7th, 2018 Council Meeting

You can find all the related Agenda Documents here

 

City Council Agenda Follow-Up

May 7, 2018
CALL TO ORDER/FLAG SALUTE/ROLL CALL  
PUBLIC COMMENT INFO ONLY
CONSENT AGENDA

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

  

APPROVED

 
PROCLAMATION: Teacher Appreciation Week INFO ONLY
PRIVATE DEVELOPMENTS UPDATE INFO ONLY
PUBLIC HEARING: Public Storage Uses Ordinance

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
ORDINANCE: Overnight Housing in Religious Facilities

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
ORDINANCE: Development Standards & Trails Standards Revisions

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
INTERLOCAL AGREEMENT: Water System Intertie

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
ORDINANCE: FMC Modifications – Park Impact Fees

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
RESOLUTION: Residential Targeted Areas

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
EXECUTIVE SESSION: RCW 42.30.110(i)

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

  
MAYOR REPORTS/COMMENTS

Information only.

COUNCIL REPORTS/COMMENTS

Information only.

  

INFO ONLY
ADJOURNMENT: Meeting was adjourned at 7:30 p.m.  

 

May 8, 2018