LYNDEN CITY COUNCIL
MINUTES OF THE REGULAR SESSION February 6, 2012
I CALL TO ORDER
Mayor Scott Korthuis called to order the February 6, 2012 regular session of the Lynden City Council at 7:00 P.M. at the Lynden City Hall Annex.
ROLL CALL
Members present: Mayor Scott Korthuis; Councilors Gary Bode, Dave Burns, Ron DeValois, Tobey Gelder, Jerry Kuiken, Nick Laninga, and Brent Lenssen.
Members absent: None
Staff present: Public Works Director Steve Banham, Fire Chief Gary Baar, Police Chief Jack Foster, Planning Director Amy Harksell, Parks Director Vern Meenderinck, Administrative Assistant Lori Jilk and City Administrator Bill Verwolf. Also present was City Attorney Bob Carmichael.
APPROVAL OF MINUTES
Councilor DeValois moved and Councilor Bode seconded that the minutes of the January 17, 2012 Council Meeting be approved. The motion carried.
OATH OF OFFICE – Lieutenant Michael Whittley –
Michael Whittley, new Lieutenant for the City of Lynden Fire Department, took his Oath of Office before the Mayor, Council and Staff.
Mayor Korthuis congratulated Lieutenant Whittley and thanked him for his service.
ITEMS FROM THE AUDIENCE
Scheduled: None
Unscheduled: Lynden Library
Sarah Foster, Branch Manager of the Lynden Library, presented Tina Bixby (Children’s Librarian) and Amelia Martinez (Public Services Assistant) who gave a presentation about their new literacy program, “Family Fiestas Literacy Parties”.
This new program is a series of weekly family literacy workshops for Spanish-speaking families who have preschool children. Participating families will learn skills to prepare for school and will gain skills that will help them improve their literacy.
Workshops will include book sharing, crafts and socialization. Parent educators and families will receive a free book to take home with them, that focuses on a specific literacy skill, such as alphabet or phonics awareness.
Mayor Korthuis thanked them for their presentation, their hard work on this new program and for all they do for our community.
II CONSENT AGENDA
Approval of Payroll
Direct Deposits, Draws and Warrants No. 15392 through 15418 $ 525,570.14
Schedule a Public Hearing for an Interlocal Agreement with Whatcom County Regarding Lynden’s Urban Growth Area
The planning directors of all the small cities (Bellingham and Whatcom County) have been working on the Interlocal Agreement that will guide future planning and development in the urban growth areas. Through the process, the Community Development Committee has been informed of key issues and has been able to provide input.
At this time, staff is requesting that a public hearing be set to consider approval of the document. The Community Development Committee will review the final draft at their February 15, 2012 meeting and prepare their recommendation.
Staff requests that the Public Hearing date be February 21, 2012 at 7:00 P.M. for consideration of the Interlocal Agreement with Whatcom County.
Councilor Kuiken moved and Councilor Burns seconded that the Consent Agenda be approved. The motion carried.
III NEW BUSINESS
Ordinance No. 1415 – Benson Road Annexation Final Approval
The 45 day comment period that would require the Boundary Review Board to invoke their jurisdiction and schedule a public hearing has passed without comment. This Ordinance is the last step of the process for the annexation of land located west of Benson Road (specifically 8727, 8691, 8683, 8661, 8629, 8617, 8605, 8601 and 8593 Benson Road) in Lynden.
Councilor Bode moved and Councilor DeValois seconded to approve Ordinance No. 1415, Benson Road Annexation, and authorize the Mayor’s signature. The motion carried.
Ordinance No. 1416 –Alley Right-of-Way Vacation
This is the final step in the property exchange and lot line adjustment for the property to be used for a trail extension east of 8th Street, and extending east from the Drayton Street right-of-way.
This action has been approved by previous Council action. However, due to the time required to obtain all releases and signatures, that action has expired and this Ordinance will finalize the alley right-of-way vacation.
Councilor Lenssen moved and Councilor Laninga seconded to approve Ordinance No. 1416, Alley Right-Of-Way Vacation, and authorize the Mayor’s signature. The motion carried.
Ordinance No. 1417 – Amending LMC 10.08.090 Relating to Parking Restrictions on Certain Streets
The Chamber of Commerce requested that the City consider removing the time limit on certain parking lots in the Historical Business District (HBD), to better accommodate the residential uses and service businesses.
The Community Development and Public Safety Committees discussed the proposal several times and asked staff to prepare the necessary ordinance changes to eliminate the three hour time limit in the parking lots at 7th Street and west of 5th Street.
Councilor Burns moved and Councilor Kuiken seconded to approve Ordinance No. 1417, Amending LMC 10.08.090 Relating to Parking Restriction on Certain Streets, and authorize the Mayor’s signature. The motion carried.
Consider Approval of Use of 4th Street Parking Lot for Lynden Farmers Market
Dave Timmer, Stewardship Director for A Rocha USA, NW Washington, presented a request to the Community Development Committee to use the 4th Street parking lot for a weekly farmers market this summer. The market would be held on Thursday afternoons from 2 p.m. to 6 p.m. and would run June through September.
The market was held at the 3rd Christian Reformed Church on Saturday mornings in 2011. While it was successful, the day conflicted with other markets and limited the number of potential vendors. The location also made it difficult to attract other potential customers that pass by.
The plans for downtown and the development of the restrooms at the 4th Street location make this a positive location for the market. While it will disrupt some parking, it will also create more energy and activity in the area.
The Community Development Committee reviewed the request and recommends the City approve the use of the parking lot for this use, on a one year trial period.
Councilor Kuiken moved and Councilor Burns seconded to approve the use of the parking lot located at 4th and Front Streets by the Lynden Farmer’s Market from June, 2012 through September 27, 2012, on a one year trial basis. The motion carried.
Resolution No. 854 – Amending Airport Fees
Resolution No. 854, amending Resolution 831, Airport Fees, is being updated in order to remove the fees associated with hangar rentals.
On December 19th, 2011, City Council approved the new Commercial Lease agreement between Jansen Storage LLC and the City for leased space at the Lynden Municipal Airport. Previously, Jansen leased (to the City) the building that accommodates hangars, storage space and a pilot’s lounge. In turn, the City leased out the hangars and storage space to interested parties.
With the new Jansen lease agreement in place, the City no longer leases the hangar building; only tie-downs and the fuel operations area. Therefore, hangar fees no longer are a source of revenue and should be removed from the airport fee resolution.
The Public Works Committee reviewed this resolution at their January 4th, 2012 meeting, and concurred to recommend City Council approval.
Councilor Gelder moved and Councilor Lenssen seconded that City Council approve Resolution No. 854, Amending Resolution No. 831 Regarding Airport Fees, and authorize the Mayor’s signature. The motion carried.
IV EXECUTIVE SESSION
Discussion of 2 Litigation Matters.
Council went into Executive Session at 7:30 PM to discuss 2 items subject to litigation. It was anticipated that the Executive Session would last approximately 15 minutes and that possible action might be taken on one item. Council came out of Executive Session at 8:01 PM. Action was taken on one item.
City Attorney Bob Carmichael recommended an amendment to the language in the Settlement Agreement between the Crabtrees and the City of Lynden.
Section 2, “Full and Final Release”, should read:
“This is a full and final settlement and release of any and all claims by and between the parties arising out of and/or related to the Property and any monetary obligation related to the Street Improvements, including but not limited to all the claims set forth in the Lawsuit and Crabtrees' potential claim for reimbursement of funds paid for the Street Improvements arising out of Parcel 1, provided that any claims arising out of or related to defective construction of the Street Improvements and/or the interference and/or disruption of ground or surface water created by the Street Improvements is' specifically excluded from this Full and Final Release.”
Councilor Bode moved and Councilor DeValois seconded that Council approve the Settlement Agreement between the Crabtrees and the City of Lynden, with the recommended language changes. The motion carried.
V ADJOURNMENT
The February 6, 2012 regular session of the Lynden City Council adjourned at 8:02 P.M.
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Bill Verwolf, City Administrator Scott Korthuis, Mayor
Lynden City Council Minutes
February 6, 2012
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