City Council

EVERSON CITY COUNCIL MEETING Agenda May 27, 2025 at 7:00 PM 1. CALL TO ORDER a.) Flag Salute / Roll Call b.) Approval of Minutes - May 13, 2025 2. AUDIENCE PARTICIPATION 3. PUBLIC HEARING 4. NEW BUSINESS/COUNCIL ACTION a.) Whatcom County Contract No. 202301031 COST REIMBURSEMENT AGREEMENT BETWEEN WHATCOM COUNTY FLOOD CONTROL ZONE DISTRICT AND THE CITY OF EVERSON b.) Amendment to Commerce Grant 24-96722-118 for Mateo Meadows c.) Resolution 612-25 - Authorizing the Mayor to Award Engineering Services for 2025 Otto Chip Seal Project 5. UNFINISHED BUSINESS 6. COMMITTEE REPORT a.) Finance Committee 7. APPROVALS a.) Checks: 36809-36834 in the amount of $40,645.96 EFTs: in the amount of $ 4,543.91 8. OTHER ITEMS 9. EXECUTIVE SESSION 10. ADJOURNMENT Sign language interpreter service, assertive listening devices and communication materials in alternative formats including Braille, large print, and audio tape are available upon 7 working days advance notice by contacting the telephone number listed below. Questions concerning special needs for persons with disabilities not covered above may also be addressed by contacting the City of Everson at (360) 966-3411. Written requests for material and/or special needs should be addressed to the Deputy Clerk, City of Everson, PO Box 315, Everson, WA 98247. Parking for disabled persons is available near the Everson Senior Center southeast entrance. Page 1 of 21  Everson City Council Minutes May 13, 2025 Councilmembers Present: Councilmembers Absent/Excused: Staff Present: Mayor John Perry Mandy Hadeen, Finance Director/City Tim Hanowell Clerk Jennifer Lautenbach Dave Schoonover, Public Works Director Matthew Goering Dan MacPhee, Chief of Police John Hammond Rollin Harper, City Planner Ashley Brown Alex Putnam, City Planner CALL TO ORDER a.) Flag Salute/Roll Call Mayor Perry called the meeting to order at 7:00 p.m. b.) Approval of Minutes - April 22, 2025 Councilmember Goering made a motion to approve the April 22, 2025 minutes, seconded by Councilmember Brown. Motion carried with unanimous approval. 5-0. AUDIENCE PARTICIPATION - None PUBLIC HEARING a.) Night Hawk ADU Conditional Use Permit Alex Putnam introduced the Conditional Use Permit for a detached ADU of 512 sq. ft. located at 1206 Night Hawk Way. Attached ADU's are an enumerated use under a conditional use permit in the Everson code. The applicant is using the "similar in nature and effect" conditional use to apply for this detached ADU. The lot is located in the residential zone and is approximately 11,628 square feet, which exceeds the minimum lot size requirement of 8,500 for an ADU. This lot is bordered completely by residential development. The property features adequate parking to accommodate the required additional parking space in addition to the 2 required parking spaces for the primary residence. The council has set a precedent of charging 50% for water and sewer connection charges. The city has determined, with the help of legal experts, that the Hawks Landing Covenants, Conditions and Restrictions do not strictly prohibit ADUs. CCR's are considered private contracts that are enforceable only by the parties of those contracts. Therefore the city does not have authority to enforce or rely on these covenants when reviewing a land use application. Audience Participation: Nash Stone, 1203 Red Tail Ct., has submitted a petition along with a copy of CCR's for neighborhood with rules. He says there isn't significant parking in the neighborhood. He is against the ADU. Kara Urich, 1201 Night Hawk Way, is under the understanding that ADUs in the neighborhood need to be attached. Wants to understand why this is for a detached ADU. Spencer Hoag, 1206 Night Hawk Way, the reason for the ADU is for his disabled sister in law who his wife cares for. He has no plans to rent it out to anybody after it is used for that. He has pictures of the neighborhood streets and there are a lot of cars parked there. They don't have any cars parked on the street. Council Discussion: Councilmember Hammond said the applicant has plenty of room for parking in their own driveway. He has a neighbor with an ADU. He doesn't have a problem with this ADU. Councilmember Lautenbach is against detached ADUs. Councilmember Goering says they are the future. His question is why its 5 feet from fence line. Mayor Perry said the setback for accessory structures is 5 feet. The city attorney reviewed this. The homeowner's association is responsible for enforcing CCR's as it is a private agreement. Page 1 of 3 Page 2 of 21 Councilmember Brown doesn't see a problem with this ADU. She asked why they went with an attached ADU? Seth responded because it would be less disruptive than tearing the house apart. They are only having high up windows for natural light taking in neighbor's privacy. Councilmember Hammond made a motion to to approve the Night Hawk ADU Conditional Use Permit, seconded by Councilmember Goering. Motion carried with unanimous approval. 4-1. NEW BUSINESS/COUNCIL ACTION UNFINISHED BUSINESS a.) Stickney Island Annexation Alex Putnam said this started in late January when the city received a Notice of Intent to Commence Annexation from the property owner's within the Everson Northwest Urban Growth Area, property on Stickney Island Road and immediately west of Riverside Park. It has been brought to council a couple of times trying to get the geographic extent correct. Originally it was passed excluding the Nooksack River. After additional correspondence with Whatcom County staff has concluded it would be in the best interest of the city to include a portion of the Nooksack River. It would make cleaner boundary lines connecting to the southern city boundary right across the river and Riverside Park also includes the river. Councilmember Lautenbach moved to accept the Notice of Intent to Commence Annexation with a change to the geographic extent of the proposed annexation as shown on Exhibit A, authorize the circulation of a petition for annexation, and require the petition to include the statements that, upon annexation, the annexed properties will assume their fair share of general City indebtedness and, upon annexation, the annexed properties will be assigned City zoning designations consistent with the future zoning designations shown in the City's comprehensive land use plan, seconded by Councilmember Brown. Motion carried with unanimous approval. 5-0. COMMITTEE REPORT a.) Public Properties - Cancelled APPROVALS a.) 36745-36802, 36804- Checks: in the amount of $231,127.66 36808 Manuals: 6412 in the amount of $611.70 After April Council 36741, 3354-3357 in the amount of $18,474.84 EFTs: in the amount of $1,583.40 Payroll: April 2025 in the amount of $240,737.70 Councilmember Hammond moved to approve payment of the vouchers, seconded by Councilmember Goering. Motion carried with unanimous approval. 5-0. OTHER ITEMS a.) Jennifer Lautenbach is going to represent WTA in Washington D.C. to address the importance of transportation Whatcom County. With focus in rural service areas and the funding of it as well as continued support of activities for disabled. Page 2 of 3 Page 3 of 21 b.) Dave Schoonover said the City Hall Renovation Project is underway. c.) Alex Putnam said there is an elected officials meeting next Wednesday, May 21st at the Ferndale City Annex with a zoom option. They will be going over UGA Boundaries and Draft EIS that was issued. They will be going over our population estimates for the next 20 years. d.) Dan MacPhee said they are gearing up for Ski to Sea as the race goes through town and the canoe leg starts at Riverside Park on Sunday, May 25, 2025. ADJOURNMENT a.) Adjournment Councilmember Hammond moved to adjourn the meeting at 7:24 p.m., seconded by Councilmember Goering. Motion carried with unanimous approval. 5-0. John Perry, Mayor Mandy Hadeen, Finance Director/City Clerk Page 3 of 3 Page 4 of 21  Everson City Council Minutes May 13, 2025 Councilmembers Present: Councilmembers Absent/Excused: Staff Present: Mayor John Perry Mandy Hadeen, Finance Director/City Tim Hanowell Clerk Jennifer Lautenbach Dave Schoonover, Public Works Director Matthew Goering Dan MacPhee, Chief of Police John Hammond Rollin Harper, City Planner Ashley Brown Alex Putnam, City Planner CALL TO ORDER a.) Flag Salute/Roll Call Mayor Perry called the meeting to order at 7:00 p.m. b.) Approval of Minutes - April 22, 2025 Councilmember Goering made a motion to approve the April 22, 2025 minutes, seconded by Councilmember Brown. Motion carried with unanimous approval. 5-0. AUDIENCE PARTICIPATION - None PUBLIC HEARING a.) Night Hawk ADU Conditional Use Permit Alex Putnam introduced the Conditional Use Permit for a detached ADU of 512 sq. ft. located at 1206 Night Hawk Way. Attached ADU's are an enumerated use under a conditional use permit in the Everson code. The applicant is using the "similar in nature and effect" conditional use to apply for this detached ADU. The lot is located in the residential zone and is approximately 11,628 square feet, which exceeds the minimum lot size requirement of 8,500 for an ADU. This lot is bordered completely by residential development. The property features adequate parking to accommodate the required additional parking space in addition to the 2 required parking spaces for the primary residence. The council has set a precedent of charging 50% for water and sewer connection charges. The city has determined, with the help of legal experts, that the Hawks Landing Covenants, Conditions and Restrictions do not strictly prohibit ADUs. CCR's are considered private contracts that are enforceable only by the parties of those contracts. Therefore the city does not have authority to enforce or rely on these covenants when reviewing a land use application. Audience Participation: Nash Stone, 1203 Red Tail Ct., has submitted a petition along with a copy of CCR's for neighborhood with rules. He says there isn't significant parking in the neighborhood. He is against the ADU. Kara Urich, 1201 Night Hawk Way, is under the understanding that ADUs in the neighborhood need to be attached. Wants to understand why this is for a detached ADU. Spencer Hoag, 1206 Night Hawk Way, the reason for the ADU is for his disabled sister in law who his wife cares for. He has no plans to rent it out to anybody after it is used for that. He has pictures of the neighborhood streets and there are a lot of cars parked there. They don't have any cars parked on the street. Council Discussion: Councilmember Hammond said the applicant has plenty of room for parking in their own driveway. He has a neighbor with an ADU. He doesn't have a problem with this ADU. Councilmember Lautenbach is against detached ADUs. Councilmember Goering says they are the future. His question is why its 5 feet from fence line. Mayor Perry said the setback for accessory structures is 5 feet. The city attorney reviewed this. The homeowner's association is responsible for enforcing CCR's as it is a private agreement. Page 5 of 21 Councilmember Brown doesn't see a problem with this ADU. She asked why they went with an attached ADU? Seth responded because it would be less disruptive than tearing the house apart. They are only having high up windows for natural light taking in neighbor's privacy. Councilmember Hammond made a motion to to approve the Night Hawk ADU Conditional Use Permit, seconded by Councilmember Goering. Motion carried with unanimous approval. 4-1. NEW BUSINESS/COUNCIL ACTION UNFINISHED BUSINESS a.) Stickney Island Annexation Alex Putnam said this started in late January when the city received a Notice of Intent to Commence Annexation from the property owner's within the Everson Northwest Urban Growth Area, property on Stickney Island Road and immediately west of Riverside Park. It has been brought to council a couple of times trying to get the geographic extent correct. Originally it was passed excluding the Nooksack River. After additional correspondence with Whatcom County staff has concluded it would be in the best interest of the city to include a portion of the Nooksack River. It would make cleaner boundary lines connecting to the southern city boundary right across the river and Riverside Park also includes the river. Councilmember Lautenbach moved to accept the Notice of Intent to Commence Annexation with a change to the geographic extent of the proposed annexation as shown on Exhibit A, authorize the circulation of a petition for annexation, and require the petition to include the statements that, upon annexation, the annexed properties will assume their fair share of general City indebtedness and, upon annexation, the annexed properties will be assigned City zoning designations consistent with the future zoning designations shown in the City's comprehensive land use plan, seconded by Councilmember Brown. Motion carried with unanimous approval. 5-0. COMMITTEE REPORT a.) Public Properties - Cancelled APPROVALS a.) 36745-36802, 36804- Checks: in the amount of $231,127.66 36808 Manuals: 6412 in the amount of $611.70 After April Council 36741, 3354-3357 in the amount of $18,474.84 EFTs: in the amount of $1,583.40 Payroll: April 2025 in the amount of $240,737.70 Councilmember Hammond moved to approve payment of the vouchers, seconded by Councilmember Goering. Motion carried with unanimous approval. 5-0. OTHER ITEMS a.) Jennifer Lautenbach is going to represent WTA in Washington D.C. to address the importance of transportation Whatcom County. With focus in rural service areas and the funding of it as well as continued support of activities for disabled. Page 6 of 21 b.) Dave Schoonover said the City Hall Renovation Project is underway. c.) Alex Putnam said there is an elected officials meeting next Wednesday, May 21st at the Ferndale City Annex with a zoom option. They will be going over UGA Boundaries and Draft EIS that was issued. They will be going over our population estimates for the next 20 years. d.) Dan MacPhee said they are gearing up for Ski to Sea as the race goes through town and the canoe leg starts at Riverside Park on Sunday, May 25, 2025. ADJOURNMENT a.) Adjournment Councilmember Hammond moved to adjourn the meeting at 7:24 p.m., seconded by Councilmember Goering. Motion carried with unanimous approval. 5-0. John Perry, Mayor Mandy Hadeen, Finance Director/City Clerk Page 7 of 21  Whatcom County Contract No. 202301031-3 Amendment No. 3 Whatcom County Contract No. 202301031 COST REIMBURSEMENT AGREEMENT BETWEEN WHATCOM COUNTY FLOOD CONTROL ZONE DISTRICT AND THE CITY OF EVERSON THIS AMENDMENT is to the Cost Reimbursement Agreement between Whatcom County Flood Control Zone District and the City of Everson, dated 01/23/23 and designated “Whatcom County Contract No. 202301031 ”. In consideration of the mutual benefits to be derived, the parties agree to the following: This Amendment increases the maximum consideration by $30,000.00 to a total consideration of $103,000.00. This Amendment also extends the contract end date to 06/30/27. Section 3. Payment of the original contract is replaced with the following: 3. PAYMENT The District will provide payment to the City to reimburse 80 percent (80%) of eligible costs of the City' s contracted representative (Reichardt & Ebe Engineering, Inc.) for participation in the FLIP process. Total reimbursement shall be no more than eighty percent (80%) of one-hundred and three thousand dollars ($103,000), equal to eighty-two thousand dollars and four hundred dollars ($82,400), inclusive of indirect costs. Reimbursement shall be made within thirty (30) days of the District' s receipt of the City' s reimbursement request. All eligible costs shall be dated no earlier than July 1, 2021. Section 4. Term of the Agreement is replaced with the following: 4. TERM OF AGREEMENT The period of performance for this Agreement shall be consistent with the performance periods of the 2021-2023 FbD grant (Grant No. SEAFBD-2123-WhCoPW-00014) and the 2023-2025 FbD grant (Grant No. SEAFBD-23-25-WhCoPW- 00054), which is July 1, 2021 through June 30, 2027 and July 1, 2023 through June 30, 2027, respectively. Unless specifically amended by this agreement, all other terms and conditions of the original contract shall remain in full force and effect. This Amendment takes effect: 06/01/25 , regardless of the date of signature. IN WITNESS WHEREOF, Whatcom County Flood Control Zone District and the City of Everson have executed this Amendment on the date and year below written. DATED this _______________ day of __________________, 20__ . Each person signing this Contract Amendment represents and warrants that he or she is duly authorized and has legal capacity to execute and deliver this Contract Amendment. Last edited 07/13/2021 (DocuSign) Page 8 of 21 CITY OF EVERSON: _____________________________________ John Perry, Mayor Date Everson City Hall 111 W Main Street Everson, WA, 98247 Contact Name: Mandy Hadeen Contact Phone: 360.966.3411 ext 1100 Contact FAX: 360.966.3466 Contact Email: mhadeen@ci.everson.wa.us WHATCOM COUNTY FLOOD CONTROL ZONE DISTRICT: Recommended for Approval: ___________________________________________ Elizabeth Kosa, Public Works Director Date Approved as to form: ______________________________________________ Christopher Quinn, Chief Civil Deputy Date Prosecuting Attorney Approved: Accepted for Whatcom County Flood Control Zone District: By: ______________________________________________________ Satpal Singh Sidhu, Whatcom County Executive Date Last edited 07/13/2021 (DocuSign) Page 9 of 21  Amendment ontract Number: 24-96722-118 Amendment Washington State Department of Commerce Local Government Division Growth Management Division Connecting Housing to Infrastructure Program 1. Grantee 2. Project Name and Address City of Everson Mateo Meadows, LLC PO Box 315 200 Block East Lincoln Street. Everson, WA 98247 Everson, WA 98247 Parcel #4004313724970000 3. Grantee Representative (only if updated) 4. COMMERCE Representative (only if updated) Mandy Hadeen Mischa Venables PO Box 42525 Finance Director/City Clerk, City of Everson CHIP Program Manager 1011 Plum St SE MHadeen@ci.everson.wa.us (360)725-3088 Olympia, WA 98504 Mischa.venables@commerce.wa.gov 5. Original Grant Amount 6. Amendment Amount 7. New Grant Amount (including any previous amendments) $1,000,000.00 $126,563.65 $1,126,563.65 8. Amendment Funding Source 9. Amendment Start Date 10. Amendment End Date Federal: State: x Other: N/A: Upon execution June 30, 2027 subject to reappropriation 11. Federal Funds (as applicable): Federal Agency: ALN: N/A N/A N/A 12. Amendment Purpose: The term of this contract is extended, and the new end date is June 30, 2027, subject to reappropriation. All references to the end date of this contract are amended to June 30, 2027. This contract is also amended to include an additional $126,563.65 in Utility Improvement Costs for the Mateo Meadows project. COMMERCE, defined as the Department of Commerce, and the Grantee, as defined above, acknowledge and accept the terms of this Grant As Amended and attachments and have executed this Grant Amendment on the date below to start as of the date and year referenced above. The rights and obligations of both parties to this Grant As Amended are governed by this Grant Amendment and the following other documents incorporated by reference: Grantee Terms and Conditions including Attachment “A” – Scope of Work, Attachment “B” – Budget. A copy of this Grant Amendment shall be attached to and made a part of the original Grant between COMMERCE and the Grantee. Any reference in the original Grant to the “Grant” shall mean the “Grant as Amended”. FOR GRANTEE FOR COMMERCE Mark K. Barkley, Assistant Director, Local Government John Perry, Mayor Division City of Everson mayor@ci.everson.wa.us Date Date APPROVED AS TO FORM ONLY Sandra Adix Assistant Attorney General 3/20/2014 Date Department of Commerce Page 10 of 21  2 Page 11 of 21  Resolution 612-25 A RESOLUTION OF THE CITY OF EVERSON, WASHINGTON, AUTHORIZING THE MAYOR TO AWARD ENGINEERING SERVICES FOR THE CHIP SEAL PROJECT TO REICHARDT & EBE ENGINEERING WHEREAS, the City of Everson has identified our streets as needing surface improvements; and was awarded funding from Transportation Improvement Board (TIB) for the 2025 Otto Seal project, including design and engineering services related to pavement reconstruction, and roadway design for existing asphalt roadways within the project limits, which is approximately Mead Ave. to Everson Rd. and Washington St. to Shuksan Way, TIB Project 2-W-838 (005)-1; and WHEREAS, the City of Everson advertised for Everson 2025 Chip Seal Project Request for Qualifications (RFQ) on April 30, 2025; and WHEREAS, the City of Everson has complied with RCW 39.80 by issuing an RFQ, one response was received, with the company meeting the qualifications; and WHEREAS, the City will negotiate a contract with Reichardt & Ebe Engineering for the services at a price that determines to be fair and reasonable, considering the estimated value of the services to be rendered, as well as the scope and complexity of the project. NOW, THEREFORE, BE IT RESOLVED and Adopted by the City Council of the City of Everson for the Mayor to execute the contract for engineering services for the Chip Seal Project with Reichardt & Ebe Engineering. ADOPTED by a majority vote of the City Council of the City of Everson, Washington, and there Signed and Approved by its Mayor, at a regular meeting said Council held this _____ day of May, 2025. CITY OF EVERSON, WASHINGTON ________________________________ JOHN PERRY, MAYOR ATTEST/AUTHENTICATE: _____________________________________________ MANDY HADEEN, FINANCE DIRECTOR/ CITY CLERK Page 12 of 21  City Hall City of Everson We, the undersigned, City Council Members of the City of Everson, Whatcom County, Washington, do hereby certify that the hereinafter merchandise and services specified have been received and that Checks May 2025 2nd Council: 36809-36834 in the amount of $ 40,645.96 EFTs May 2nd Council: in the amount of $ 4,543.91 are hereby approved this 27th day of May 2025. ___________________________________ _____________________________________ Council Member Council Member ___________________________________ _____________________________________ Council Member Clerk I, the undersigned, do hereby certify under penalty of perjury that the materials have been furnished, the services rendered or the labor performed as described, or that any advance payment it due and payable pursuant to a contract or is available as an option for full or partial fulfillment of a contractual obligation, and that the claim is a just, due and unpaid obligation against the City of Everson, and that I am authorized to authenticate and certify to said claim. ___________________________________ ______________ Mayor Date Page 13 of 21 Page 14 of 21 Page 15 of 21 Page 16 of 21 Page 17 of 21 Page 18 of 21 Page 19 of 21 Page 20 of 21 Page 21 of 21