Regular City Council Meeting

CITY OF LYNDEN CITY COUNCIL MINUTES OF REGULAR MEETING June 20, 2022 1. CALL TO ORDER Mayor Korthuis called to order the June 20, 2022 regular session of the Lynden City Council at 7:00 p.m.at the city's council chambers. ROLL CALL Members present: Mayor Scott Korthuis, Councilors Ron De Valois, Gerald Kuiken, Brent Lenssen, Nick Laninga, Mark Wohlrab, and Kyle Strengholt. Members absent: Councilor Gary Bode absent with notice. Staff present: Finance Director Antony Burrows, Fire Chief Mark Billmire, Parks Director Brent DeRuyter, Planning Director Heidi Gudde, Police Chief Steve Taylor, Public Works Director Steve Banham, City Clerk Pam Brown, City Administrator John Williams, and City Attorney Bob Carmichael. OATH OF OFFICE- None SUMMARY REPORTS AND PRESENTATIONS - None APPROVAL OF MINUTES Councilor De Valois moved, and Councilor Wohlrab seconded to approve the June 6, 2022, regular council meeting minutes as presented. Motion approved on 6-0 vote. CITIZEN COMMENT Lifehouse Foundation applied with the Department of Corrections to be listed as a resource for prison releases for two separate houses in Lynden. Each of these houses are located directly next to an elementary school. The addresses are 410 17th Street and 8457 Benson Street. The Lifehouse Foundation application seeks permission to provide transitional housing to three or more tenants using funds from the DOC's Earned Release Date (ERD) Housing Voucher Program. 300 411' Street, Lynden, WA 98264 www.lyndenwa.org Page 1 of 8  CITY OF LYNDEN CITY COUNCIL MINUTES OF REGULAR MEETING The following members of the public provided comment to city council: Jennifer Bruschetto Benson Road, Lynden Opposed to Location Stephanie Rogers Westview Pl., Lynden Opposed to Location Miles Davis Summit House, Lynden Unopposed Ben Jones Sparrow Court, Bellingham Unopposed Matt McDonald CurrantSt, Lynden Unopposed Jesse dark Bender Rd., Lynden Opposed to Location Nathan Libolt 17th Street Opposed to Location Leslie Kraz Westview Pl., Lynden Opposed to Location Leslie ?? ?? Opposed to Location Rachel Adams Westview Pl., Lynden Opposed to Location Tessa Garcia 17th St, Lynden Opposed to Location Jen Chestnut Main St., Lynden Opposed to Location Carrie Rogers 17th St, Lynden Opposed to Location Jared Mira Village Drive Opposed to Location Tate Norris Front St., Lynden Opposed to Location Katie James 17thSt,Lynden Opposed to Location Tom Boaz Shea St., Lynden Opposed to Location Cynthia Ripke-Kutsagcitz Guide Meridian, Lynden Opposed to Location No Name Given 77 Opposed to Location Gladys Libolt Parkview Dr., Lynden Opposed to Location Megan McKay ?7 Opposed to Location Lacey Libolt 17thSt,Lynden Opposed to Location Stephanie ? Westview Pl., Lynden Opposed to Location Paul Ricci Benson Rd., Lynden Opposed to Location Mark Urban Bellingham Opposed to Location Josh Jorgensen Pine St., Lynden Opposed to Location Senator Simon Sefzik Ferndale Opposed to Location Kelly McKay Drayton St., Lynden Opposed to Location Citizen comment portion of the meeting closed at 8:40 p.m. 2. CONSENT AGENDA Payroll Liability to June 5 through Jur? 18,2022 EFT & Other Liabilities Non-L&l Liabilities Monthly EFT......................................................................................................$349,706.09 Check Liability...........................................................................................................$959.15 Total Non-L&l Liabilities.....................................................................................$350,665.24 Quarterly Liabilities .............................................................................................. $14,003.88 Total EFT & Other Liabilities $364,669.12 300 4th Street, Lynden, WA 98264 www.lyndenwa.org Page 2 of 8  CITY OF LYNDEN CITY COUNCIL MINUTES OF REGULAR MEETING Approval of Claims - June 21,2022 Manual Warrants No. through $0.00 EFT Payment Pre-Pays $0.00 Sub Total Pre-Pays $0.00 Voucher Warrants No. 24852 through 24967 $1,192,473.10 EFT Payments $5,062.26 Sub Total $1,197,535.36 Total Accts. Payable $1,197,535.36 New Permanent Employee Positions Based on the City's ever increasing operational demands, two new permanent positions have been requested. The Police Department has requested an additional position for a 19th officer to fill the need for another detective and the Human Resources Department has requested an additional position for an HR Specialist. Both of these positions have been vetted and approved in their respective committees for submittal to the full Council and the Mayor. Both positions have received the approval of the Mayor and/or the Council with permission to be filled by July 1st, 2022 or thereafter. The Finance Director conducted a mid-year review and conveyed to the Mayor and City Administrator that a budget amendment is not required at this time. Finance will use current underruns to fund these positions in the 2022 General Fund budget. If it becomes apparent later in the year that a budget amendment is needed it will be requested at that time. Both positions will be directly funded in the 2023 budget. Lynden Recreation Center (Formerly YMCA) Pool Deck Resurfacing The Whatcom County Health Department has identified needed repairs to the City recreation center pool deck for health and safety. There are excessive drainage issues creating standing water around the pool that can be corrected with resurfacing. A community member has been active seeking funding and has secured a commitment from the Lynden Parks & Recreation District for $10,000 towards the pool deck resurfacing which is estimated to cost about $18,000. Under the terms of the lease that the City has with Forge Fitness this is an item of work that would be eligible for reimbursement by the City after they have the work performed and provide copies of the actual invoices. After reimbursing Forge Fitness the City would bill the Parks and Recreation District for the $10,000 that they committed. Forge Fitness is proposing to perform the work during their 300 4th Street, Lynden, WA 98264 www.lyndenwa.org Page 3 of 8 CITY OF LYNDEN CITY COUNCIL MINUTES OF REGULAR MEETING annual pool closure later this summer. The Public Works Committee reviewed this quote at their meeting on May 4, 2022, and concurred to recommend approval by City Council. Councilor Wohlrab moved, and Councilor De Valois seconded to approve the Consent Agenda. Motion passed with a 6-0 vote. 3. PUBLIC HEARING Resolution No.1049- Public Hearing for Renewal of Lynden Transportation Benefit District (TBD) The City of Lynden established the Lynden Transportation Benefit District (TBD) on July 16, 2012 by City Ordinance 1423 pursuant to Chapter 36.73 Revised Code of Washington. The City has used the collected TBD revenue to complete important street construction projects within Lynden, including improvements to the following streets: • Line Road (Street and Pedestrian Improvements) • 7th Street and Alley • 5th Street and Alley • Riverview Road • 17th Street (including sidewalk improvements south of Front Street) • Parkview Drive • 17th Street (extension to Main Street) • Foxtail Street (eliminated gap between Eastwood Way and Bradley Meadows Lane) • Benson Road (sidewalk extension to North Park Street) The Transportation Benefit District can be extended every ten years with a vote of the public to renew the sales and use tax as its source of revenue, per RCW Chapter 36.73 to finance transportation capital improvements. If the renewal is approved by the voters, the sales and use tax will continue to apply to persons who shop and thereby use the roads in the City and not just to City residents. The renewed sales and use tax are estimated to generate, based on retail growth over the next ten years an average annual revenue of $750,000 which can only be used to fund transportation improvement projects. Mayor Korthuis opened the public hearing at 8:53 p.m. There were no comments. Mayor Korthuis closed the public hearing at 8:53 p.m. Councilor Lenssen moved, and Councilor Strengholt seconded that City Council approve Resolution No. 1049, providing fora ballot proposition to be submitted to the qualified electors of the district on November 8, 2022, to renew and continue to impose a two-tenths of one percent (.002) sales and use tax for the purpose of financing some or all of the costs of projects identified within the adopted 300 4th Street, Lynden, WA 98264 www.lyndenwa.org Page 4 of 8 CITY OF LYNDEN CITY COUNCIL MINUTES OF REGULAR MEETING transportation plans for a period of ten years, and authorize the Mayor's signature. Motion passed with a 6-0 vote. Ordinance No. 1645-Annexation of Benson Park Property To facilitate the continued design and development of the Benson Road Park and implementation of the Pepin Creek Sub-Area Plan, the Council is being asked to approve the annexation of 36.35 acres of the Benson Road Park property that currently falls within unincorporated Whatcom County. As the Council may recall, in 2011 the farmstead associated with this property was annexed into the City. And, in 2014 the City purchased both the farmstead and the farmland. As the City is legal owner of the property, it is contiguous to the existing City limits, and will be used for public purpose, the annexation action may utilize an exception provided in RCW 36.93.090 whereby the review and approval of the proposed annexation by the Whatcom County Boundary Review Board is not required. Planning and Public Works staff have notified, and coordinated with, Whatcom County staff consistent with the guiding interlocat agreement on annexations. No special assessments or proportional share of infrastructure improvements are due to the County in association with this annexation. The proposed Ordinance 1645 comes forward as a final annexation action. Public Hearing requirement previously met. Councilor De Valois moved, and Councilor Laninga seconded to approve Ordinance No. 1645 annexing the city-owned Benson Road property and authorize the Mayor's signature on the documents. Motion passed with a 6-0 vote. Ordinance No. 1646-Amending LMC 15.26- Third-Party Review Policy The Building Division, at times, needs third-party support in the review of building permits either due to the complexity of the building project or due to an influx in building permit submittals. This proposed ordinance establishes a City policy for the use ofthird-party review and collection of associated fees. This guidance would become part ofLMC 15.26. Fees are not established through this ordinance but would currently rely on Resolution 991 (included with council packet submittal) and be updated periodically. Planning staff is working with the Finance Department to include the third-party review fees in a unified fee schedule that would adjust by an accepted cost index. 300 4th Street, Lynden, WA 98264 www.lyndenwa.org Page 5 of 8 CITY OF LYNDEN CITY COUNCIL MINUTES OF REGULAR MEETING Mayor Korthuis opened the public hearing at 8:56 p.m. There were no comments. Mayor Korthuis closed the public hearing at 8:56 p.m. Councilor Lenssen moved, and Councilor De Valois seconded to approve Ordinance No. 1646 amending LMC 15 to establish a standard for the third-party review of building permits and to authorize the Mayor's signature on the document. Motion passed with a 6-0 vote. 4. UNFINISHED BUSINESS - None 5. NEW BUSINESS Award Bid for Grover Street Overlay (3rd to Lawrence) Project Staff recently solicited bids for the Graver Street Overlay Project. The project provides for the structural asphalt overlay of approximately 1,400 linear feet of Graver St. from 3rd St. to Lawrence St. This contract includes grinding of the existing roadway, installation of traffic loops, and the replacement of pedestrian ramps and sidewalks to meet current accessibility standards. Two bids were received on June 9, 2022. Reichhardt and Ebe Engineering prepared the attached Bid Tabulation and Recommendation to Award. The apparent low bid provide by JB Asphalt was review by staff and the City Attorney and has been determined to be an Irregular Bid. There are significant unbalanced unit prices on at least four critical bid items, including the three (3) traffic control items as shown on the attached Bid Tabulation. Section 1-02.13, Item 2b of the WSDOT Standard Specification allows the contracting agency to reject bids that are unbalanced and considered potentially detrimental. The overall bid is more than 14% lower than the engineer's estimate and 25% below the other bidder. Staff is recommending rejection of the JB Asphalt bid due to this irregularity and award to the next low responsive bidder. At the Public Works Committee meeting on June 8, 2022, the committee concurred that the bid results could be forwarded directly to City Council after being informed of the results. The Public Works Committee was advised of the bids and concurred to recommend award to Tiger Construction, the lowest responsive and responsible bidder, in the amount of $882,367.50 (no applicable sales tax). This project will be funded with State Transportation Improvement Board (TIB) funds matched with Lynden Transportation 300 4th Street, Lynden, WA 98264 www.lyndenwa.org Page 6 of 8 CITY OF LYNDEN CITY COUNCIL MINUTES OF REGULAR MEETING Benefit District (TBD) and County Economic development Investments (EDI) Program funds. Councilor De Valois moved, and Councilor Kuiken seconded to award the contract for the Graver Street Overlay (3rd to Lawrence) Project to Tiger Construction, in the amount of $882,367.50, and to authorize the Mayor to sign the contract. Motion passed with a 6-0 vote. Resolution No. 1050- Interlocal Agreement regarding Planning, Annexation, and UGA Development Whatcom County and the City of Lynden Planners have drafted an update to the existing interlocal agreement between the City and the County concerning Planning, Annexation and UGA Development. The goal of the agreement is to coordinate efforts regarding development or infrastructure improvements which may occur with the City's Urban Growth Areas (UGAs) prior to annexation. The agreement makes provisions for the coordination of development standards and cost sharing of public infrastructure, such as bridges, which may have been installed by the County but get annexed into the City within 10 years of their construction. The agreement also establishes policies on sales tax revenue sharing when significantly developed commercial and/or industrial land is annexed out ofWhatcom County. Revisions to the document focus primarily on creating consistently between this and other adopted documents including the County-wide Planning Policies. Clarification to the process associated with sales tax revenue sharing was also added. Unlike other cities in Whatcom County, Lynden's UGA has traditionally been largely undeveloped agricultural land and as such, many of the provisions included in the agreement are rarely if ever utilized. Staff is requesting that Council review the revisions and approve if they see fit. Councilor Lenssen moved, and Councilor Wohlrab seconded to approve Resolution No. 1050- Interlocal Agreement between the City of Lynden and Whatcom County concerning planning, annexation, and development within the Lynden UGA and to authorize the Mayor's signature on the resolution and agreement documents. Motion passed with a 6-0 vote. 6. OTHER BUSINESS Councilor De Valois reporting for the Public Works Committee. • Discussion of planter strips • Discussion on crosswalks near Darigold • Transportation Benefit District (TBD) going before voters November 2022 300 411' Street, Lynden, WA 98264 www.lyndenwa.org Page 7 of 8 CITY OF LYNDEN CITY COUNCIL MINUTES OF REGULAR MEETING Councilor Strengholt reporting for the Finance Committee. • Discussion of overtime for Fire and Police departments • Sales tax revenue remains healthy • Two permanent employee positions • Glenning Street purchase is completed 7. EXECUTIVE SESSION Council adjourned into executive session at 9:04 p.m. to consider acquisition of a real estate purchase per RCW42.30.HO (1)(b) with an expectation that no action would be taken and reconvening at 9:14 p.m. 8. ADJOURNMENT The June 20, 2022, regular session of the Lynden City Council adjourned at 9:14 p.m. HimLD P)rotm ^-tr- Pamela D. Brown Scott Korthuis City Clerk Mayor 300 41h Street, Lynden, WA 98264 www.lyndenwa.org Page 8 of 8