MINUTES Ferndale City Council Meeting Held Monday, June 6,2016 City Hall Annex Council Chambers 6 p.m. Regular Meeting

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1 John Chief Commission Shared MINUTES City Council Meeting Held Monday, June 6,2016 City Hall Annex Council Chambers 6 p.m. Regular Meeting STAFF: City Administrator Greg Young Police Chief Michael Knapp City Clerk Susan Duncan Communications Officer Riley Sweeney Cmty. Dev. Director Jori Burnett Mayor Jon Mutchler presiding. CALL TO ORDER: FLAG SALUTEIROLL CALL PRESENT BY ROLL CALL: Councilmember Rebecca Xczar Councilmember Cathy Watson Councilmember Greg Hansen Councilmember Carol Bersch Councilmember Keith Olson Councilmember Teresa Taylor Councilmember Bersch moved, and Councilmember Hansen seconded, to excuse Councilmember Goodrich. Motion carried 6-0. A. PUBLIC COMMENT thought. Robinson, 6072 Malloy Avenue some puns and food for Yvonne Goldsmith, 5840 Church Road Complimented City staff for the work on Star Park, and acknowledged all the volunteer hours put in. Wendy Lawrence, 6225 Argyle Street Said that Star Park was an amazing community event, and she knows how much work it is to put together a project of this size. She gave suggestions for ways to reward and recognize the staff for all of their hard work. Tim Ballew, 2714 Haxton Way invited everyone to the Lummi Stommish Water Festival June 10 12, and also commended Council for recognizing local war veterans Joe Moser and Dick Stone. B. CONSENT AGENDA: Approval of of Council meeting of May 16, 2016 Authorization of Payroll of May 20, Approval of Bid Award: Washington Street, Vista to Third Avenue Project Construction Approval of Bid Award: Consolidation of Central City Water Association Project Construction Contract: Pmthman Recruitment of Police and Finance Director Appointments: Parks, Recreation and TrailsAdvisory Board {PRTAB) Ordinance. Fee Code Amendment Shipping Container Permit Fee Councilmember Olson moved, and Councilmember Watson seconded, to approve the consent agenda. Motion carried 6-0. PRESENTATION: Susan Marks Against Domestic Violence Shared...ation about the Bellinghamlwhatccm County Co...mission Against Domestic Violence, which was created in 1998 and consists of 14 government members and 14 community members. Marks addressed funding resources for the Commission, described some of their projects that address domestic violence, and answered Councilmembers questions. City Council Meeting of June 6, 2016 Page [ 1

2 His Said Addressed Presented Reiterated Stated D. PUBLIC HEARING: Kope Road Vacation Petition Community Development Director Jon - Burnett explained the petition to vacate a portion of Kope Road filed by the Lummi Nation, and introduced City Attorney Dannon Traxler and Public Works Project Manager Katy Radder to answer Councilmembers questions. Mayor Mutchler opened the public hearing at 6:32:04 p.m. Kirk Vinish, 2828 Kwina Road, Lummi Nation Councilmembers and staff with a packet of written materials and stated that no matter which roundabout design is selected, all of them would preclude access to Kope Road. He believes it is in the public s best interest for the City to vacate Kope Road. Tim Ballew, Lummi Indian Business Council Chairman the request for vacation of the deadendportion of Kope Road, and stated that Lummi Nation has followed proper procedures both times they submitted the petition to vacate. He spoke about the number of jobs for the community that would be provided by Salish Village, and said ifthe petition to vacate was denied,...we l build it anyway." He also stated that he took offense to comments made in the staff report regarding concerns about the civil jurisdiction and Tribal Law Enforcement. He asked the City to work together with Lummi Nation to revitalize the community. James Stroud, 4816 Columbus Avenue, Attorney for Lummi Nation that the public would be benefitted by vacation of the road and the anticipated future development of the property. He said the staff report submitted by City staff was misleading, so the packet presented by KirkVinish this evening was to provide context. Richard Jefferson, 3037 Lummi Shore Road the concern about multiple jurisdictions and having different agencies involved in law enforcement issues. As the former Planning Director for the Lummi Nation, he was questioned many times about who hasjurisdiction in certain locations. Even on the reservation, who owns the right of way comes into question often. The tribe is going to build a real estate development, and the City can be a pan of it, he said. Chuck Hamstreet, 4717 Rural Avenue property adjoins the property on Kope Road. He applauds the Lummi Nation for their efforts to develop the area, but he is very concerned about the proposed roundabout design. He said he cant supportthis development until he has more information about it. Community Development Director Jon Burnett explained that the City has retained Transpo traffic consultants to study full buildoutof the area in order to determine the best design for a roundabout. Yvonne Goldsmith, 5840 Church Road it is insulting to her that the Nation s statement is Were going to build it," regardless of what happens. Administrator Young explained that during the interchange justification process, the location of the roundabout was discussed, and the different iterations of Salish Village provide many different locations for roads and roundabouts. He suggested again the possibility of the City leasing Kope Road, both the short portion and the long portion of it. Either section could be reconfigured to fit into the situation. At this point, the development is just too speculative in nature to vacate Kope Road permanently, he said. Mayor Mutchler closed the public hearing at 6:57:49 p.m. City Attorney Dannon Traxler stated that she recommended Councilmember Taylor recuse herself from the executive session due to her employment with the Lummi Indian Business Council. E. EXECUTIVESESSION: RCW (c) Council entered executive session at 7:00:19 p.m. Council resumed regular session at 7:40:31 p.m. City Council Meeting of June 6, 2016 Page [2

3 Community Asked Council Councilmember Wastewater Mayor Mutchler asked for a motion to vacate Kope Road. No motion was made, therefore vacation died. the petition for Mayor Mutchler expressed his appreciation to the members of the Lummi Nation for attending the meeting and speaking during the public hearing. He stated We very, very much want to engage with Lummi Nation and the Lummi Indian Business Council regarding the issues of Slater Road, and we are fully committed to it, and we thank you for coming tonight. E. PUBLIC HEARING: Draft Comprehensive Sewer Plan Treatment Plant Chief Operator Mike Olinger presented the report and explained that ifthe draft plan is adopted, it will be forwarded to state agencies and City and County Planning Departments for formal review. Mayor Mutchler opened the public hearing at 7:43:06 p.m. No members of the public spoke. Mayor Mutchler closed the public hearing at 7:43:26 p.m. Councilmember Watson moved, and Councilmember Bersch seconded, to adopt the draft Comprehensive Sewer Plan. Motion carried 6-0. F. PUBLIC HEARING: Draft Comprehensive Water System Plan - Wastewater Treatment Plant Chief Operator Mike Olinger presented the report and explained that ifthe draft plan is adopted, it will be fonivarded to state agencies and the City and County Planning Departments for formal review. Mayor Mutchler opened the public hearing at 7:44:48 p.m. No members of the public spoke. Mayor Mutchler closed the public hearing at 7:45:07 p.m. Councilmember Watson moved, and Councilmember Olson seconded, to adopt the draft Comprehensive Water System Plan. Motion carried 6-0. H. STAR PARK UPDATE Development Director Jori Burnett presented the update, and acknowledged the financial and volunteer support from the community as well as the supreme efforts of City staff, especially in the past week. it is the best project I've ever worked on, he added. Yvonne Goldsmith, 5840 Church Road about ongoing fundraising efforts for Star Park, and wondered if private citizens are allowed to raise money, or if it still has to go through the City's budget. I would be happy to go out and find some money for you, she said. Burnett answered that private citizens are definitely allowed to raise funds. I. EXECUTIVE SESSION: RCW (g) entered executive session at 8:09:18 p.m. Council resumed regular session at 8:27:28 pm. J. CONTRACT: Public Works Director Kevin Renz Bersch moved, and Councilmember Taylor seconded, to continue Director Renz s contract and increase his salary from $90,000 per year to $95,000 per year. Councilmember Watson said she wou dn t support $95,000, because she felt it should be $100,000. Administrator Young clarified the hiring process and the advertised salary range. City Council Meeting ofjune 6, 2016 Page 3

4 Councilmember Hansen moved, and Councilmember Watson seconded, to amend the motion to increase Director Renz s salary to $100,000. ON THEAMENDMENT: Motion carried 4-2, Councilmembers Bersch and Olson opposed. ON THE MAIN, AMENDED MOTION: Motion carried 4-2, Councilmembers opposed. Olson and Bersch K. MAYOR REPORTS/COMMENTS L. COUNCIL REPORTSICOMMENTS Councilmember Bersch announced the opening of the - Farmers Market on Friday, June 10 at 1:00 pm. Free strawberry shortcake and ice cream will be provided. Councilmember Watson announced the Cascadia Rising Exercise (earthquake drill) on Tuesday, June 7. Councilmember Taylor reminded Council of the Lummi Stommish Water Festival June 10-12, and the Slater 1-5 Interchange presentation at the Gateway Facility on Wednesday, June 8 beginning at 1:00 pm. M. DEPARTMENT REPORTS N. COMMITTEE MINUTES - INFORMATIONAL ADJOURNMENT Council was adjourned at 8:38 p.m. Susan Duncanz, City Clerk City Council Meeting of June 6, 2016 Page ] 4

5 MINUTES City of Council Committees Held Wednesday, June 1, 2016 City Hall Main Conference Room 8:00 a.m. to 10:35 a.m. ADMINISTRATION: Mayor Jon Mutchler City Administrator Greg Young City Clerk Susan Duncan Finance Director Mark Peterson WWTP Chief Operator Mike Olinger Public Works Director Kevin Renz Public Works Project Manager Katy Radder Public Works Senior Foreman Bo Westford Public Works & Utilities Committee COMMITTEE: Councilmember Brent Goodrich (Chair) Councilmember Keith Olson for Councilmember Cathy Watson Councilmember Teresa Taylor DISCUSSION: Draft Comprehensive Sewer Plan (Public Hearinq Schedulegl A public hearing is scheduled on this item for the next regular meeting. DISCUSSION: Draft Comgrehensive Water System Plan A public hearing is scheduled on this item for the next regular meeting. BID AWARD: Washington Street, Vista to Third Avenue ProiectConstruction Councilmember Olson moved, and Councilmember Taylor seconded, to recommend approval of the bid award to Colacurcio Brothers and place the item on the regular meeting consent agenda. Motion carried 3-0. BID AWARD: Consolidation of Central City Water Association Project Construction Councilmember Olson moved, and Councilmember Taylor seconded, to recommend approval of the lowest responsive bid and place the item on the regular meeting consent agenda. Motion carried 3-0. DISCUSSION: Restrooms at Pioneer Park and Pioneer Pavilion. Discussion only. The committee was adjourned at 8:30 a.m.

6 Chief Shipping Vice Planning & Land Use Committee COMMITTEE: Councilmember Keith Olson Chair Councilmember Rebecca Xczar Vice Chair - Councilmember Teresa Taylor DISCUSSION: Kope Road Vacation Petition (Public Hearigscheduledi A public hearing is scheduled on this item for the next regular meeting. The committee was adjourned at 9:20 a.m. Finance & Administration Committee COMMITTEE: Councilmember Carol Bersch - Chair Councilmember Greg Hansen Chair Councilmember Rebecca Xczar CONTRACT: Public Works Director Kevin Renz An executive session will be held on this item at the next regular meeting. CONTRACT: Prothman Recruitment of Police and Finance Director Councilmember Hansen moved, and Councilmemberxczar seconded, to recommend approval and place the item on the regular meeting consent agenda. Motion carried 3-0. DISCUSSION: AWC Representatives Discussion only. APPROVAL: Parks, Recreation and Trails Advisogy Board IPRTAB) Appointments Councilmember Hansen moved, and Councilmemberxczar seconded, to recommend approval and place the item on the regular meeting consent agenda. Motion carried 3-0. ORDINANCE: Fee Code Amendment Container Permit Fee Councilmember Hansen moved, and Councilmember Xczar seconded, to recommend approval and place the item on the regular meeting consent agenda. Motion carried 3-0. The committee was adjourned at 10:35 a.m.