Regular City Council Meeting

CITY OF LYNDEN CITY COUNCIL MINUTES OF REGULAR MEETING September 19,2022 1. CALL TO ORDER Mayor Korthuis called to order the September 19, 2022 regular session of the Lynden City Council at 7:00 p.m.at the city's council chambers. ROLL CALL Members present: Councilors Gary Bode, Ron De Valois, Gerald Kuiken, Brent Lenssen, Nick Laninga, Kyle Strengholt, and MarkWohlrab Members absent: None. Staff present: Finance Director Anthony Burrows, Parks Director Brent DeRuyter, Planning Director Heidi Gudde, Public Works Director Steve Banham, City Administrator John Williams, City Clerk Pam Brown, 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 September 6, 2022 regular council meeting minutes as presented. Motion approved on 7-0 vote. CITIZEN COMMENT Cynthia Ripke-Kutsagoitz, Guide Meridian, Lynden • Anti-American books and classes about racism and Marxists ideology being read/taught to children • Honoring the Lyons Club and the POW flags • Queen Elizabeth's religion • Patriotism 300 4th Street, Lynden, WA 98264 www.lyndenwa.org Page 1 of 5  CITY OF LYNDEN CITY COUNCIL MINUTES OF REGULAR MEETING Tessa Garcia, 17th Street, Lynden • Expressed gratitude to council and staff for enacting the interim emergency moratorium ordinance for location of residential transitional housing near schools. • Provided information/update concerning Nelson's NARR application • Discussion with representative from WAQRR concerning Nelson's application 2. CONSENT AGENDA Payroll Liability to August 28 through September 10, 2022 EFT & Other Liabilities Non-L&l Liabilities Monthly EFT......................................................................................................$500,332.38 Check Liability...............................................................................................................$0.00 Total Non-L&l Liabilities.....................................................................................$500,332.38 Quarterly Liabilities..............................................................................................$13,345.79 Total EFT & Other Liabilities $513,678.17 Approval of Claims - September 20,2022 Manual Warrants No. through $0.00 EFT Payment Pre- $0.00 Pays Sub Total Pre-Pays $0.00 Voucher Warrants No. 24852 through 24967 $2,781,151.73 EFT Payments $630,375.02 Sub Total $3,411,526.75 Total Accts. Payable $3,411,526.75 • Professional Services Agreement with the Watershed Company • Resolution No. 1052 Authorizing Submission of an Application for A Community Economic Revitalization Board (CERB) Loan • Ordinance No. 1652- Set Public Hearing for Amending LMC 13.24, Stormwater Management Systems • Ratification of City Participation in State Opioid Settlement Councilor De Valois moved, and Councilor Kuiken seconded to approve the Consent Agenda. Motion passed with a 7-0 vote. 300 411' Street, Lynden, WA 98264 www.lyndenwa.org Page 2 of 5 CITY OF LYNDEN CITY COUNCIL MINUTES OF REGULAR MEETING 3. PUBLIC HEARING Ordinance No. 1654-Moratorium on Residential Development within the CSL Zones The City's existing zoning ordinance, under certain provisions allows multi-family residential development within the Commercial Services- Local (CSL) zones in conjunction with first floor commercial spaces. These projects are often referred to as "mixed-use" and are intended to facilitate a symbiotic relationship between commercial uses and the residents that live nearby. As the demand for commercial space wans, the viability of mixed-used projects has been called into question by the Community Development Committee. As a result, at the start of 2022 the City Council approved Ordinance 1642 which enacted a moratorium on residential development within the City's Commercial Services - Local (CSL). Subsequently, planning staff have been working with the Community Development Committee and the Planning Commission on a revised ordinance which would be more sensitive to the current commercial and residential markets. The final ordinance, including associated comprehensive Plan amendments, are expected to go to public hearing before the Planning Commission on September 22nd and then be routed to the Department of Commerce for comment prior to the City Council hearing in December. In the meantime, the City Council being asked to consider a reestablishment of the moratorium on residential development within the CSL zone which would last through the remainder of 2022 as the previous moratorium has expired. Mayor Korthuis opened the public hearing at 7:12 pm. There were no comments. The public hearing was closed at 7:12 pm. Councilor Lenssen moved, and Councilor Strengholt seconded to approve Ordinance No. 1654 which would reinstate an interim moratorium on new residential development within the City's CSL zones through the end of the 2022 calendar year, and to authorize the Mayor's signature on the document. Motion approved on 7-0 vote. 4. UNFINISHED BUSINESS-None 300 4th Street, Lynden, WA 98264 www.lyndenwa.org Page 3 of 5 CITY OF LYNDEN CITY COUNCIL MINUTES OF REGULAR MEETING 5. NEW BUSINESS PuQet Sound Energy Conditional Use Permit 22-01, Variances 22-02 and 22-03 The Planning Commission considered a Conditional Use Permit (CUP) application and two corresponding Variance requests at a public hearing on August 25th for Puget Sound Energy (PSE) who was represented by Emily Hagin and the PSE design team. A CUP is required as PSE is proposing to expand an electrical substation within a RM-3 residential zone into the vacant lot immediate west of the existing substation located at 131 E. Front Street. PSE was previously granted a Conditional Use Permit in 1999 which was considered during the review of these applications. The variance requests relate to design considerations specific to an electrical substation. This includes a request for greater fence (wall) heights than typically allowed in order to properly secure the site, and a request to allow structures within the front setback in order to efficiently use the allotted space. The update to the sub-station will result in greater capacity and more resilient electrical infrastructure. It will also provide additional enclosure of electrical infrastructure inside of the enclosure and an overall reduction in equipment height. Staff worked closely with PSE representatives regarding the impact of this project as it is closely located to residences and adjacent to a frequently used sidewalk. The result is a replacement of the entire substation enclosure to more attractive materials, an updated landscape for the entire site, and access points designed to prevent the encroachment of vehicles onto the sidewalk. The Technical Review Committee and the Planning Commission recommend approval of the CUP 22-01 and Variances 22-02 and 22-03 with specific conditions that have been detailed in the draft findings offset. Councilor Lenssen moved, and Councilor Laninga seconded to approve with specific conditions, and authorize the Mayor's signature on the Findings of Fact, for Conditional Use Permit 22-01, Variance 22-02 and 22-03 regarding the expansion of the Puget Sound Energy Substation located at 131 East Front Street. Motion approved on 7-0 vote. 6. OTHER BUSINESS Councilor Bode reporting for the Public Works Committee: • Grover Street Overlay complete • Pepin Creek, Main Street Bridge on schedule • Industrial condensate outfall is basically completed 300 4th Street, Lynden, WA 98264 www.lyndenwa.org Page 4 of 5 CITY OF LYNDEN CITY COUNCIL MINUTES OF REGULAR MEETING 6th Street sewer pipe project will begin in November Hanging baskets downtown Automatic sandbag filling machines Councilor Strengholt reporting for the Finance Committee • Discussion of satellite agency budget proposals for: o Chamber of Commerce o Downtown Business Association o Lynden Pioneer Museum o Project Hope o Lynden Community Center 7. EXECUTIVE SESSION Council did not have an executive session. 8. ADJOURNMENT The September 19, 2022, regular session of the Lynden City Council adjourned at 7:30 p.m. Ppjrak 0. EitQuon ^>e*- ^Jt^ Pamela D. Brown Scott Korthuis City Clerk Mayor 300 4th Street, Lynden, WA 98264 www.lyndenwa.org Page 5 of 5