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City Council

Regular Meeting

Mount Vernon, WA · February 15, 2012

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Minutes

Mount Vernon City Council Study Session Minutes February 15, 2012 The meeting was called to order by Mayor Boudreau at 7:10 p.m. Present: Mayor Boudreau, Councilmembers Fiedler, Hulst, Lindquist, Molenaar, Quam, Ragan and Urban Staff Present: Public Works Director Bell, Police Chief Bergsma, Community and Economic Development Director Hanson, Fire Chief Hari, Finance Director Huschka, Assistant Public Works Director Love, Senior Planner Lowell, City Attorney Rogerson, Special Projects Administrator Stendal. Citizens Present: 2 NEW BUSINESS A. Parks and Recreation Committee: for details see committee minutes. B. Anderson/LaVenture Road Extension Project: Mr. Bell provided Council with an update of the Anderson/LaVenture Road Extension Project. He introduced Skagit County Public Works Director Henry Hash and indicated that the County plays a lead role in this project. This project will create a connecting road that will reduce the congestion on College Way by creating an alternate route. Phase II, the final phase, has received funding from various entities and is fully funded. The bid opening for the construction phase is February 22, 2012. This project should be concluded by year end 2013. The project has extensive accommodations for retaining walls as well as storm water detention areas. This will be built within an 80 foot right of way which allows for future expansion of the lanes of travel should traffic patterns require it. C. Moratorium on Acceptance of Medical Marijuana Collective Gardens and Dispensaries: Mr. Rogerson presented Council with a proposed ordinance renewing the moratorium on the production, growing or dispensing of medical marijuana. A recent change to state law effective July 22, 2011 provides for potential applications for the development of collective medical marijuana gardens within City limits. The City does not have sufficient regulations in place to properly review and consider medical marijuana collective gardens or related services. An unrestricted proliferation of collective gardens within the City presents potential health, safety and welfare concerns. Such proliferation would potentially be inconsistent with pending state legislative action. The ordinance preserves the status quo thereby allowing further study of the issue by the City to adopt comprehensive regulations on this issue. Mayor Boudreau opened the public hearing. There being no comment Mayor Boudreau closed the public hearing. Councilmember Urban moved to approve Ordinance 3558 renewing the moratorium on the production, growing, or dispensing of medical marijuana. Motion seconded by Councilmember Lindquist. Motion carried 7-0. Mount Vernon City Council February 15, 2012 Page 2 of 3 D. Proposed Amendments to Mount Vernon Municipal Code, Chapter 16.32 Short Plats: Ms. Lowell outlined proposed changes to the Mount Vernon Municipal Code related to short plats. The proposed changes to the code are intended to make sure that side-by-side short plats of land held in common ownership are not allowed. This change is to ensure adequate public process, notification and comprehensive evaluations and identification of potential impacts that can be made, and that adequate infrastructure requirements can be placed on projects to ensure public safety. Discussion regarding the definition of minor owner ended with the conclusion that this should be defined as “less than 50% ownership”. Mayor Boudreau opened the public hearing. There being no comment Mayor Boudreau closed the public hearing. Councilmember Urban moved to approve Ordinance 3559 amending Mount Vernon Municipal Code 16.32, Short Plats with the change to the proposed wording striking the definition of minority owner in B-1 subsection I from 25% and changing it to less than 50%. Motion seconded by Councilmember Lindquist. Motion carried 7-0. E. Proposed Amendments to Mount Vernon Municipal Code, Chapter 14.05 Procedures: Ms. Lowell outlined proposed changes to the Mount Vernon Municipal Code related to procedures. The proposed changes to the code include specific notice requirements for final plats. The current code does not address how staff is to notify applicants and persons of record regarding the City Council meeting in which final plats are approved. Mayor Boudreau opened the public hearing. There being no comment Mayor Boudreau closed the public hearing Councilmember Lindquist moved to approve Ordinance 3560 amending Mount Vernon Municipal Code 14.05, Procedures. Motion seconded by Councilmember Hulst. Motion carried 7-0. F. Resolution Docketing 2012 Comprehensive Plan Amendments, Rezones and Municipal Code Amendments: Ms. Lowell presented a request for Council to docket five requests that have been submitted for consideration in 2011 for land use amendments to the Comprehensive Plan, associated rezones, and amendments to the Municipal Code. All docketed items will be brought back to the Planning Commission and City Council for further review and possible action after staff has received permission through the docket process to review and assess these requests. Councilmembers Urban and Ragan were recused while docket items PL12-006 (MV28, LLC Managed by Tim White) and PL12-009 (Nielsen) were considered as they have potential conflicts of interest in these properties. Mayor Boudreau opened the public hearing. There being no comment Mayor Boudreau closed the public hearing. Councilmember Hulst moved to approve Resolution 843 docketing items PL12-006 MV28, LLC and PL12-009 Nielson. Motion seconded by Councilmember Quam. Motion carried 5-0. Councilmembers Urban and Ragan returned to the room. Docket items PL12-007 (Woodmansee), PL12-008 (Mount Vernon School District), PL12-10 (Cammock), and CA12-001 were considered. Mount Vernon City Council February 15, 2012 Page 3 of 3 Mayor Boudreau opened the public hearing. There being no comment Mayor Boudreau closed the public hearing Councilmember Molenaar moved to approve Resolution 844 docketing items PL12-007, PL12-008, PL12-010 and CA12-001. Motion seconded by Councilmember Fiedler. Motion carried 7-0. G. Section 108 Loan Guarantee Application: Mr. Stendal presented a request for Council to authorize the Mayor to sign a project-specific application for a Section 108 Loan Guarantee to the U.S. Department of Housing and Urban Development to secure funding for Phase II of the Downtown Flood Protection and Waterfront Revitalization Project. Councilmember Fiedler moved to authorize the Mayor to sign a project-specific application for a Section 108 Loan Guarantee to the U.S. Department of Housing and Urban Development and amendments thereto and provide such additional information as may be required to secure funding for the Phase II Downtown Flood Protection and Waterfront Revitalization Project. Motion was seconded by Councilmember Lindquist. Motion carried 7-0. The meeting was convened into executive session at 8:11 p.m. and was estimated to last 10 minutes. F. Executive Session – Enforcement Actions or Pending or Potential Litigation There being no further business the meeting was adjourned at 8:25 p.m. SUBMITTED BY: ______________________________________________ Rebecca J. Wade, Recording Secretary ATTEST: ______________________________________________ Alicia D. Huschka, Finance Director APPROVE: ______________________________________________ Jill Boudreau, Mayor

Agenda

CITY OF MOUNT VERNON CITY COUNCIL STUDY SESSION Agenda February 15, 2012 – 7:00 p.m. Police/Court Campus A. Committee Report – Parks and Recreation B. Update – Anderson/LaVenture Road Extension Project (Public Works Director Esco Bell will update the Mayor and Council on the Anderson/LaVenture Road Extension Project.) (required action – none) (staff contact – Esco Bell) C. Public Hearing – Ordinance Renewing a Moratorium on Acceptance of Medical Marijuana Collective Gardens and Dispensaries (The City wishes to preserve the status quo to provide additional time to review and consider sufficient regulations and its options given inconsistencies and conflicts with federal and state law, upcoming legislative changes, and negative impacts that will result if the unrestricted proliferation of collective gardens or dispensaries is permitted.) (required action – ordinance) (staff contact – Kevin Rogerson) D. Open Record Public Hearing – Proposed Amendments to the Mount Vernon Municipal Code, Chapter 16.32 Short Plats (This is an open record public hearing to allow testimony regarding proposed amendments to the Mount Vernon Municipal Code, Chapter 16.32 {Short Plats} to make sure that side-by-side short plats of land held in common ownership are not allowed.) (required action – ordinance) (staff contact – Rebecca Lowell) E. Open Record Public Hearing – Proposed Amendments to the Mount Vernon Municipal Code Chapter 14.05 Procedures (This is an open record public hearing to allow testimony regarding proposed amendments to the Mount Vernon Municipal Code Chapter 14.05 {Procedures} to specify notice requirements for final plats.) (required action – ordinance) (staff contact – Rebecca Lowell) Mount Vernon City Council Agenda February 15, 2012 page 2 F. Open Record Public Hearing – Resolution Docketing 2012 Comprehensive Plan Amendments , Rezones, and Municipal Code Amendments (This is an open record public hearing to consider docketing requests submitted for consideration in 2012 for amendments to the Comprehensive Plan, associated rezones, and amendments to the Municipal Code.) (required action – resolution) (staff contact – Rebecca Lowell) G. Council Approval Authorizing the Mayor to Sign a Project-Specific Application for Section 108 Loan Guarantee (This is a staff request that Council authorize submitting a project-specific application for Section 108 Loan Guarantee to the US Department of Housing and Urban Development.) (required action – motion) (staff contact – Eric Stendal) COMMITTEE MEETINGS Parks and Recreation 6:00 p.m. Next Ordinance 3558 Next Resolution 843

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