City Council

CITY OF MOUNT VERNON CITY COUNCIL MEETING AGENDA May 22, 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 May 8, 2019 Regular Council Meeting Minutes B. Approval of May 20, 2019 payroll checks numbered 109233 - 109267 direct deposit checks numbered 71259 - 71495, and wire transfers numbered 734 – 738 in the amount of $1,178,254.58 C. Approval of May 22, 2019 Claims numbered 3712 – 3935 in the amount of $3,429,474.88 D. Approval of Dark Fiber Agreement with Port of Skagit E. Approval of Dark Fiber Agreement with Community Action of Skagit County 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. Street Closure Request (Staff is requesting approval to close the 1300 Block North 26th Street and 2500 Block Kulshan Avenue to vehicular traffic on Saturday, June 15, 2019 from 7:00 a.m. until 4:00 p.m.) (required action – motion) (staff contact – Chief Jerry Dodd) Mount Vernon City Council Agenda May 22, 2019 page 2 B. Department of Emergency Management Update (Department of Emergency Management {DEM} Director Doug Ten Hoopen will update Council on the activities of DEM.) (required action – none) (staff contact – Chief Bryan Brice) C. Approval of Ordinance for the Imposition of Utilizing Local Infrastructure Financing (Staff is requesting that Council approve an ordinance imposing a local sales and use tax to be credited against the Washington State Sales and Use Tax for purposes of utilizing Local Infrastructure Financing under Chapter 39.102 of RCW, and providing for other matters relating thereto.) (required action – ordinance) (staff contact – Doug Volesky) D. Set Public Hearing Date for a Proposed Street Vacation (Staff is requesting that Council approve a resolution setting a public hearing date of June 26, 2019 to vacate a portion of 6th Street and an unnamed alley.) (required action – resolution) (staff contact – Rebecca Lowell) E. Final Plat Approval of Highland Greens, Division III (Staff is requesting approval of a resolution to approve the final plat of Highland Greens Division III. This subdivision will create 28 new single-family residential lots, one open space tract, and one tract for future development.) (required action – resolution) (staff contact – Rebecca Lowell) COMMITTEE MEETINGS Finance and Parks & Enrichment Services 6:00 p.m. Next Ordinance 3786 Next Resolution 963  AGENDA ITEM: A DATE: May 22, 2019 TO: Mayor Jill Boudreau and Mount Vernon City Council FROM: Neighborhood Resource Officer Edgar Serrano SUBJECT: North 26th Street and Kulshan Avenue Street Closure RECOMMENDED ACTION: Staff is requesting the authorization from City Council for the street closure of the 1300 Block of North 26th Street and the 2500 Block of Kulshan Avenue to vehicular traffic on Saturday, June 15, 2019 from 7:00am to 4:00pm. INTRODUCTION/BACKGROUND: The Kulshan Creek neighborhood is home to approximately 2,400 residents. One of my primary objectives as the Kulshan Creek Neighborhood Resource Officer is to foster a sense of ownership and community in the neighborhood among these residents. Through encouraging ownership and community in the neighborhood, there is less likelihood that crimes will occur, and the quality of life for those living in the neighborhood improved. As part of this objective, I would like to host our 18th street festival in the neighborhood. The Kulshan Creek apartment managers and the Kulshan Creek Neighborhood Station will host the event. It will be an event to (1) encourage residents living in the neighborhood to interact and help build a greater sense of ownership in the neighborhood, and (2) attract community residents from outside the neighborhood to alleviate any misperceptions that might exist about Kulshan Creek. The Police Department is requesting the street will be closed to give residents the opportunity to gather in the street, interact and sell items. FINDINGS/CONCLUSIONS: I have been working closely with residents and apartment managers in the neighborhood for a year on various community projects. In my interactions with these citizens, I have received overwhelming support for the idea of a street festival in the neighborhood. I have provided both Police and Fire administration a proposed traffic plan for the event. Both have said that the plan works from an operational and safety standpoint. I will be on-site during the entire event if an emergency arises that requires the street be opened to vehicular traffic, and I will be responsible for posting and removing the appropriate signage. RECOMMENDATION: The Police Department is requesting City Council to authorize the closure of the 1300 Block of North 26th Street and the 2500 Block of Kulshan Avenue to vehicular traffic on Saturday, June 15, 2019, between 7:00am and 4:00pm. ATTACHMENT PowerPoint slide  AGENDA ITEM: B DATE: May 22, 2019 TO: Mayor Boudreau and City Council FROM: Bryan Brice, Fire Chief SUBJECT: DEPARTMENT OF EMERGENCY MANAGEMENT UPDATE RECOMMENDED ACTION: Presentation by the Department of Emergency Management (DEM) Director Doug ten Hoopen on the activities of DEM. INTRODUCTION/BACKGROUND: The DEM Director will provide an overview of activities that are taking place. FINDINGS/CONCLUSIONS: None RECOMMENDATION: Hear presentation ATTACHED: None  AGENDA ITEM: C DATE: May 22, 2019 TO: Mayor Boudreau and City Council FROM: Doug Volesky, Finance Director SUBJECT: ORDINANCE FOR THE IMPOSITION OF UTILIZING FINANCING FROM THE LOCAL INFRASTRUCTURE TOOL (LIFT) PROGRAM. RECOMMENDED ACTION: Council approve an ordinance, imposing a local sales and use tax to be credited against the Washington State Sales and Use Tax for purposes of utilizing Local Infrastructure Financing under Chapter 39.102 of the RCW, and providing for other matters relating thereto. INTRODUCTION/BACKGROUND: In 2006 the Washington State Legislature authorized a Local Infrastructure Finance Tool (LIFT) program. LIFT is a form of tax increment financing used to pay for a portion of the public improvements within a Revenue Development Area (RDA) in order to promote economic development. Washington State enacted the program in 2006 and ended it in 2008. With LIFT, no new tax is created, nor is there an increase to any existing taxes, but rather a re- distribution of the state’s portion of the sales tax. The sales tax within the RDA is credited against the state’s sales tax and is refunded to the City to pay for the public improvements. The City applied and was awarded $500,000 per year for 25 years from LIFT in 2008, by the State Community Economic Revitalization Board. Funds are to be used to finance or for the repayment of bonds issued to finance eligible public improvements. Receipt of State funds is subject to the amount of additional tax received by the State from the RDA and matching local government contributions from incremental tax revenues or other sources. The City was approved to use LIFT funding for a downtown parking facility. After economic studies and many years of research, outreach and planning, the City is in the planning stage of a new public improvement project known as the Mount Vernon Library Commons. This project is a public facility and parking infrastructure. It will include a community center, library and parking garage to support community enrichment, education and downtown commercial infrastructure. In December of 2018, City Council hired OAC Services, Inc., Lydig Construction, and Integrus Architecture to do concept design, feasibility, costing and development. Initial design work was completed on April 17, 2019. The report includes designs, costs, risks, construction options, and delivery methods. Consultants presented options for council decision on a total project expense of $31-$44 million. LIFT funding will be utilized to supplement the financing of the garage infrastructure. FINDINGS/CONCLUSIONS: By previous Council approved ordinances, the City established the Downtown Mount Vernon RDA on June 11, 2008 and established the maximum LIFT tax rate as required my statute on August 27, 2009. The next step in the process for the City is to impose the LIFT tax by ordinance. The City must impose the tax no later than July 1, 2019 in order to receive the full 25 year benefit from the LIFT tax which expires on June 30, 2044. After the ordinance is received by the State Department of Revenue (DOR), the LIFT will be imposed as of July 1, 2019. The DOR will then track all sales tax collected from the City’s RDA and compare to the 2009 base year. They will look at this monthly and multiply by our designated rate which is .0969%. The City will receive these funds monthly until the $500,000 is reached each year. Receipts of the LIFT Tax may be applied either to provide for the payment of debt service on bonds issued by the City or to pay public improvement costs on a pay-as-you-go basis, or both. If the City fails to issue bonds or fails to begin construction on the parking structure by June 30, 2024, which is the fifth fiscal year in which the LIFT Tax is imposed, the LIFT Tax will cease to be imposed. RECOMMENDATION: Staff recommends that Council approve an ordinance, imposing a local sales and use tax to be credited against the Washington State Sales and Use Tax for purposes of utilizing Local Infrastructure Financing under Chapter 39.102 of RCW, and providing for other matters relating thereto. ATTACHED: Ordinance  AGENDA ITEM: D DATE: May 22, 2019 TO: Mayor Boudreau and City Council FROM: Rebecca Lowell, Development Services SUBJECT: SETTING OF A PUBLIC HEARING DATE FOR A STREET VACATION RECOMMENDED ACTION: Staff recommends that Council make a motion to authorize the Mayor to sign the accompanying Resolution setting a public hearing date for a proposed street vacation. INTRODUCTION/BACKGROUND: The City wishes to set a public hearing date to consider the vacation of an undeveloped portion of South 6th Street and a portion of a nearby alley (the attached Resolution and map identify the areas proposed to be vacated). FINDINGS/CONCLUSIONS: Chapter 35.79 of the Revised Code of Washington outlines the process for street right-of-way vacations. The Resolution before Council satisfies the first step in the street vacation process that requires setting a public hearing date. RECOMMENDATION: Council move to authorize the Mayor to sign the accompanying Resolution setting a hearing date on June 26, 2019. ATTACHED: • Proposed Resolution • Map showing the proposed street vacation area(s)  AGENDA ITEM: E DATE: May 22, 2019 TO: Mayor Boudreau and City Council FROM: Rebecca Lowell, Development Services SUBJECT: FINAL PLAT APPROVAL OF HIGHLAND GREENS DIVISION III RECOMMENDED ACTION: Staff recommends that Council make a motion to authorize the Mayor to sign the accompanying Resolution and final plat maps for Highland Greens Division III. INTRODUCTION/BACKGROUND: The preliminary plat/PUD for Highland Greens was approved by City Council on May 25, 2005 with Resolution 685. In August 2017, City Council approved a resolution that extended the preliminary plat expiration period for three (3) years (i.e., from May 25, 2016 to May 25, 2019). The overall Highland Greens development was approved for 184 single family dwelling units, 78 multifamily units, and an approximate one-acre neighborhood commercial area on approximately 52 acres. The PUD was proposed to be developed as 7 Divisions. Division V, a multifamily division consisting of 51 units, was approved in April of 2008. Division IV, a multifamily division consisting of 27 lots in 9 buildings, was approved in October of 2008. Division I-A was approved in May 2014 and includes 55 lots. Division I-B was approved in June 2018 and includes 59 single family residential lots. Division III consists of 29 lots and 1 tract and is the subject of this memo. Highland Greens Division III is located on the east side of Francis Road on the northern edge of the City’s UGA. Please see the following vicinity map. Approximate Highland Greens III boundary A Public road named Inverness Street will be dedicated with the plat that is comprised of the following: • Inverness Street: 2, 14-foot through lanes, 6-foot landscaping strips and 5-foot sidewalks on both sides of the street within a 40-foot right-of-way. Parking is allowed on one side of this road. The stormwater facilities that serve Division III are located outside of the phase and were approved in a previous phase. The final plat includes a number of private stormwater easements for purposes of conveying stormwater to the existing facilities. Inverness Street, the public sanitary sewer system, and stormwater infrastructure within the right of way and applicable easement within the plat boundary will be dedicated to the City with the recording of the plat. FINDINGS/CONCLUSIONS: The applicant will be required to submit the below-listed financial securities before the final plat can be recorded with the Skagit County Auditor: 1. A one-year maintenance financial security amounting to $37,949.81 (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 two-year landscape maintenance financial security, in the amount of $15,505.00 (25% of the total cost of the plants and 50% 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 throughout the plat. RECOMMENDATION: Council move to authorize the Mayor to sign the accompanying Resolution and final plat maps for the Highland Greens Division III development and accept all public improvements that were completed for this development. ATTACHED: • Proposed Resolution granting final plat approval with conditions • Final Plat Maps • Resolution 685 (granted preliminary plat approval) • Resolution 916 and its associated Development Agreement (extending preliminary plat approval) • Transportation Concurrency Report Completed as part of the final plat process