City Council

CITY OF MOUNT VERNON CITY COUNCIL MEETING AGENDA January 23, 2019 7:00 p.m. (Police Court Campus) I. OPENING CEREMONIES A. Call to Order B. Pledge of Allegiance C. Roll Call of Councilmembers II. CONSENT AGENDA A. Approval of January 9, 2019 Regular Council Meeting Minutes B. Approval of January 18, 2019 payroll checks numbered 108937 - 108983 direct deposit checks numbered 69355 - 69572, and wire transfers numbered 703 – 704 in the amount of $1,173,004.97 C. Approval of January 23, 2019 Claims numbered 1964 – 1966 and 1972 – 2227 in the amount of $1,774,375.44 D. Approval of Resolution #958 III. REPORTS A. Committees 1. Finance and Parks & Enrichment Services 2. Development Services B. Community Comments (An opportunity for Mount Vernon residents to address their City Council. Please limit comments to 3 minutes or less. Under normal circumstances, the Mayor and Council will not respond immediately to Community Comments. If you would like someone to follow-up with you regarding the topic of your comments, please leave your name and contact information on the form at the entrance of the Council Chambers.) C. Councilmember Comments D. Mayor’s Report E. Committee Agenda Requests IV. UNFINISHED BUSINESS None V. NEW BUSINESS A. Public Hearing – Code Amendments to Mount Vernon Municipal Code (MVMC) Chapters 17.51, 17.54, 17.69, 17.90 and 17.102 (This is a public hearing to allow testimony on an ordinance amending portions of MVMC Chapters 17.53, 17.54, 17.69, 17.90 and 17.102.) (required action – ordinance) (staff contact – Rebecca Lowell) Mount Vernon City Council Agenda January 23, 2019 page 2 B. Public Hearing – Code Amendments to Mount Vernon Municipal Code (MVMC) Chapter 14.05, Procedures (This is a public hearing to allow testimony regarding an ordinance amending portions of MVMC Chapter 14.05, Procedures.) (required action – ordinance) (staff contact – Rebecca Lowell) C. Final Plat Approval of Woodside Divisions 6 and 7 (Staff is requesting that Council pass a resolution to approve the final plat of Woodside, Division 6 and 7. This subdivision will create 38 new single-family residential lots along with tracts for landscape/open space, critical areas, and future divisions over approximately 14.4 acres.) (required action – resolution) (staff contact – Rebecca Lowell) D. Arts Commission Annual Plan Presentation (The Mount Vernon Arts Commission will present a Public Art Plan to Council that has been developed for their approval.) (required action – motion) (staff contact – William King) E. Storefront Lease with Mount Vernon Downtown Association (Staff is requesting that Council authorize the Mayor to enter into a lease agreement with the Mount Vernon Downtown Association for the purpose of managing a pop-up store operation at 325 W. Kincaid Street.) (required action – motion) (staff contact – Peter Donovan) F. Review of 2018 Strategic Goals (The Mayor will recap the year 2018.) (required action – none) (staff contact – Mayor Boudreau) COMMITTEE MEETINGS Finance and Parks & Enrichment Services 6:00 p.m. Next Ordinance 3775 Next Resolution 959  Agenda Item: A DATE: January 23, 2019 TO: Mayor Boudreau and City Council FROM: Rebecca Lowell, Development Services SUBJECT: PUBLIC HEARING REGARDING CODE AMENDMENTS WITHIN CHAPTERS: 17.51, 17.54, 17.69, 17.90, AND 17.102 RECOMMENDED ACTION: Staff requests City Council hold an open record public hearing and approve the proposed amendments to portions of Title 17, Zoning. INTRODUCTION/BACKGROUND: Staff is continuously looking for ways to improve our municipal code. As staff applies our current code to projects, discrepancies are found and better ways to apply the code are discussed and eventually brought forward to the Planning Commission and City Council. Amendments to multiple chapters of the zoning code are proposed to the C-3 and C-4 zoning districts to encourage mixed use developments by eliminating maximum density requirements; to allow certain properties zoned C-4 to use the development regulations codified in the C-3 zone; to correct part of Chapter 17.69 to reference use of the C-4, versus the C-3 zoning district; to make the chapter regulating site plans consistent with Chapter 14.05, Procedures; and to amend language in Chapter 17.102 to make sure that nonconforming buildings and uses are covered by this chapter. FINDINGS/CONCLUSIONS: Staff has followed the City’s adopted public participation program contained in Resolution 491 with processing the subject code amendments, specifically: • The SEPA process has been completed. • Notice of adoption of the proposed amendments was transmitted in compliance with RCW 36.70A.106(1) to the Department of Commerce. • The Planning Commission held a public hearing on January 15, 2019 where they made a recommendation to adopt the code amendments before Council this evening. • Notice of the Planning Commission and City Council public hearings were placed on the City’s website and published as required. RECOMMENDATION: Staff recommends that the Council hold a public hearing and approve the adoption of the accompanying ordinance that will amend portions of the zoning ordinance found in MVMC Title 17. ATTACHED: • Draft Ordinance formatted with redlines to delineate the proposed code amendments; and, • Procedural Notices.  Agenda Item: B DATE: January 23, 2019 TO: Mayor Boudreau and City Council FROM: Rebecca Lowell, Development Services SUBJECT: PUBLIC HEARING REGARDING CODE AMENDMENTS WITHIN CHAPTER 14.05 MVMC, CA18-001 RECOMMENDED ACTION: Staff requests City Council hold an open record public hearing and approve the proposed amendments to MVMC Chapter 14.05, Procedures. INTRODUCTION/BACKGROUND: The city has made a substantial investment in software allowing the Development Services Department to receive and process permits, plans, and related materials electronically which necessitates amendments to permit and procedural requirements currently codified in MVMC Chapter 14.05. Because staff was amending this Chapter of the MVMC it made sense to complete various other amendments to correct and clarify other portions of this code at the same time. FINDINGS/CONCLUSIONS: Staff has followed the City’s adopted public participation program contained in Resolution 491 with processing the subject code amendments, specifically: • The SEPA process has been completed. • Notice of adoption of the proposed amendments was transmitted in compliance with RCW 36.70A.106(1) to the Department of Commerce. • The Planning Commission held a public hearing on January 15, 2019 where they made a recommendation to adopt the code amendments before Council this evening. • Notice of the Planning Commission and City Council public hearings were placed on the City’s website and published as required. RECOMMENDATION: Staff recommends that the Council hold a public hearing and approve the adoption of the accompanying ordinance that will amend MVMC Chapter 14.05. ATTACHED: • Draft Ordinance formatted with redlines to delineate the proposed code amendments; and, • Procedural Notices.  Agenda Item: C DATE: January 23, 2018 TO: Mayor Boudreau and City Council FROM: Rebecca Lowell, Development Services SUBJECT: FINAL PLAT APPROVAL OF WOODSIDE PUD, DIVISIONS 6 & 7 (FORMERLY CEDAR HEIGHTS II PUD) RECOMMENDED ACTION: Staff recommends that Council make a motion to authorize the Mayor to sign the accompanying Resolution and final plat maps for the Woodside PUD, Divisions 6 & 7 (formerly a portion of Cedar Heights II PUD). INTRODUCTION/BACKGROUND: The residential development that was originally named “Cedar Heights Phase 2 PUD” encompasses approximately 37.6 acres of property and was approved to create up to 197 residential lots in nine (9) different divisions. This overall development is located south of Division Street, between South Waugh and Burlingame Roads. The current developers of this plat purchased the property in 2014 and have re- named it Woodside. The new owners have requested a number of minor modifications some of which resulted in a reduction to the number of residential units in the overall development by 31 lots. The current approved preliminary plat now consists of 166 residential lots. Following is a vicinity map identifying the location of the Woodside PUD. EAST DIVISION STREET Overall PUD boundary, see the accompanying plat maps for the Division 6 and 7 information Woodside Divisions 1 and 2 (consisting of 64 single-family residential lots) were the first two divisions to receive final plat approval in July of 2016. In December 2017, Woodside Divisions 3, 4, & 5 (consisting of 42 single family lots) was approved. Presently the applicant wishes to receive final plat approval for Divisions 6 and 7 that include a total of 38 single-family residential lots along with tracts for landscape/open space, critical areas, and future divisions. The proposed lots range in size from 4,898 square feet to 11,714 square feet; and have an average lot size of 6,624± square feet. The total area within Divisions 6 and 7 is approximately 14.4- acres. The plat access roads named Alpine View Drive and Shantel Street have been constructed by the developer and approved by the City. These roads are comprised of the following: • Alpine View Drive and Shantel Street: 2, 14-foot through lanes, 4.5-foot landscaping strips and 5-foot sidewalks on both sides of the street within a 37-foot right-of-way. Parking is allowed on one side of these streets. Stormwater detention for the plat is provided by the offsite pond constructed for Cedar Heights Phase 1. The developer will continue to be responsible for the maintenance of this pond until the entire development is built out. At some time after all the phases are completed, ownership of the pond will be transferred to the City. Alpine View Drive, Shantel Street, the public sanitary sewer system, and storm water infrastructure within the right-of-way and applicable easements within the plat boundary will be dedicated to the City with the recording of the plat. FINDINGS/CONCLUSIONS: Staff has processed two minor modifications per MVMC 17.69.180(A) as part of the subject final plat approval. Copies of the modification approvals are attached. The first minor modification, PL18-026 includes a number of modifications to Divisions 6 through 9. The following is a summary of the approved modifications: 1. The NGAP has been modified based on a revised critical area delineation required due to the amount of time that has lapsed since the original delineation was completed. This also results in the reconfiguration of a number of other open space tracts including (Tracts 604, 701, 801, 901, 903, and 998). 2. The demographics of the people that will be living in the community have changed since the original approval. As a result, the amenities have been revised to better serve the new demographic (55 plus). 3. Modifications to the type of fencing originally approved have been made with previously approved divisions of the development. Those modifications are also requested for the remaining divisions so that the fencing throughout the development is consistent. 4. Better data on topography and the revised critical area delineation have necessitated changes in the location of the trail system. This results in an overall increase in the length of trail from 1,350 linear feet to 1,660 linear feet.  5. The original approval included a connection to the adjacent plat to the west (Tract 603). When the adjacent plat was finalized it did not include a reciprocal connection point. This was discovered during preparation of the current phase of work on the development. As such, the connection from Woodside is not necessary and would in fact encourage access to the adjacent plat which is prohibited. To remedy this, Tract 603 has been removed and Tract 602 has been enlarged and includes enhanced landscaping. 6. Lots currently designated as 149 and 150 were included in Division 8 as part of the Final PUD. The same area was included in Division 7 in the Preliminary Plat approval and a requirement to construct Burlingame Road with Division 7 was included as a plat condition. Burlingame Road only serves Lots 140 and 150. To make the infrastructure improvements consistent with approved PUD phasing Burlingame Road will be constructed with Division 8 instead of Division 7. 7. The multifamily lots in Divisions 8 & 9 have been reconfigured to single family lots. This results in several modifications: a. A reduction of 21 lots. b. Reconfiguration of open space lots 802, 804, 805, and 806. These lots provided lawn area for the multifamily lots that is no longer necessary since each single family lot will have its own lawn area. c. Chief Street will be shortened by 70 linear feet. d. Chief Place will be shortened by 10 linear feet. 8. Identification of additional wetlands (Tract 901) has resulted in a reduction of the forested buffer. It also requires the removal of the trail from the identified critical area. 9. Lot 165 has been reconfigured to exceed 9,600 square feet which is the trigger for requiring forested buffer. As a result the forested buffer is removed from around Lot 165. 10. The forested buffer at the terminus of Chief Place is reconfigured as a pocket park. 11. The forested buffer Tract 903 is reconfigured to include a park bench and sidewalk. 12. Comment from Fire Marshal Steve Riggs indicates that the original approval included a requirement for fire protection systems in all the dwellings on Chief Street. Because the number of units has been reduced to 19 the requirement is not necessary unless the following are not met: a. Minimum access width. b. Approved turnaround. c. Fire flow. d. Grade 10% or greater. The second minor modification, PL18-091 modified the type of fence installed along Tract 602 (lot 73 & 74). In addition to the two modifications processed, changes required during the construction of the plat improvements have resulted in an additional modification to Tract 604 that results in an additional 180+/- linear feet of trail as illustrated on the As-Built Landscape Plans. The applicant has submitted the required paperwork to allow staff to finalize the amounts for each of the three (3) below-listed financial securities. The applicant will be required to submit the completed financial securities to the City before the final plat can be recorded by the Skagit County Auditor: 1. A one (1)-year maintenance financial security amounting to $73,742.84 (10% of the total cost of these improvements) to guarantee the completed public improvements (roads, sanitary sewers, and storm sewers) that will be dedicated to the City. 2. A three (3)-year landscape maintenance financial security, in the amount of $84,788.65 (25% of the total cost of the plants and 60% of the total costs of the maintenance), is required to guarantee the survival, and if needed, replacement of the landscaping and other landscape features located on various landscaping and open space tracts throughout the plat. RECOMMENDATION: Council move to authorize the Mayor to sign the accompanying Resolution and final plat maps for the Woodside Divisions 6 and 7 PUD and accept all public improvements that were completed for this development. ATTACHED: • Proposed Resolution for the subject final plat approval o Minor Modification PL18-026 o Minor Modification PL18-091 • Final Plat Maps • Preliminary Plat Resolution 797  Agenda Item: D DATE: January 23, 2019 TO: Mayor Boudreau and City Council FROM: William King, Director, Parks and Enrichment Services SUBJECT: ARTS COMMISSION ANNUAL PLAN RECOMMENDED ACTION: Staff requests Council approval of the 2019 Mount Vernon Arts Commission Annual Plan INTRODUCTION/BACKGROUND: In accordance with the City of Mount Vernon ordinance Title 2 Chapter 2.97 - The Mount Vernon Public Arts Commission, workin in partnership with city departments and citizens, developed a public art plan, provided this to the Mayor and now presents the plan to the City Council for approval. Arts Commission Chairman, Kevin Hartman, will presen the plan and be available for any questions or comments. The plan consists of seven (7) sections to include all planned projects and associated costs for 2019. FINDINGS/CONCLUSIONS: NONE RECOMMENDATION: Staff requests Council approve the 2019 Mount Vernon Arts Commission Annual Plan. ATTACHED: NONE  Agenda Item: E DATE: January 23, 2019 TO: Mayor Boudreau and City Council FROM: Peter Donovan, Project Development Manager SUBJECT: STOREFRONT LEASE WITH MV DOWNTOWN ASSOCIATION RECOMMENDED ACTION: Motion INTRODUCTION/BACKGROUND: --Pop-up storefronts are retail spaces that are available to newer business owners for short periods of time—typically up to 3-4 months --The pop-up concept creates an opportunity for retailers to create some buzz around a new product, or to test out their business in a brick-and-mortar setting, without committing to a burdensome lease --The city-owned storefront at 325 W. Kincaid has recently become available for lease --The Mount Vernon Downtown Association is interested in leasing the space, and managing a pop-up business operation in this space --This 3-year lease with MVDA allows them to offer pop-up business space with low overhead FINDINGS/CONCLUSIONS: --Council has an opportunity here to leverage a city asset for the purpose of attracting and promoting new businesses in the historic Downtown market RECOMMENDATION: Motion to authorize the Mayor to enter into a lease agreement with the Mount Vernon Downtown Association ATTACHED: Storefront Lease with MV Downtown Association  Agenda Item: F DATE: January 23, 2019 TO: Mayor Boudreau and City Council FROM: Mayor Jill Boudreau SUBJECT: REVIEW OF 2018 STRATEGIC GOALS RECOMMENDED ACTION: None INTRODUCTION/BACKGROUND: Annual review of City’s progress on stated goals/work plan for 2018 FINDINGS/CONCLUSIONS: None RECOMMENDATION: None ATTACHED: City of Mount Vernon 2018 Goals – Year End Report