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.

INFO ONLY

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