City Council

CITY OF MOUNT VERNON CITY COUNCIL MEETING AGENDA August 28, 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 August 14, 2019 Regular Council Meeting Minutes B. Approval of August 20, 2019 payroll checks numbered 109494 - 109534 direct deposit checks numbered 72685 - 72921, and wire transfers numbered 764 – 768 in the amount of $1,144,739.28 C. Approval of August 28, 2019 Claims numbered 5162 - 5375 in the amount of $1,748,348.45 III. REPORTS A. Committees 1. Finance and Parks & Enrichment Services 2. Public Safety 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 A. Continuation of Closed Record Public Hearing – Dryden Request for Special Permission (This is a closed record public hearing to consider a request for an expansion of a non-conforming structure. Staff is requesting that Council approve a resolution denying the request.) (required action – resolution) (staff contact – Rebecca Lowell) V. NEW BUSINESS A. Public Hearing – Amendments to Chapter 14.05 Mount Vernon Municipal Code (MVMC) (This is a public hearing to allow testimony regarding amendments to portions of Mount Vernon Municipal Code Chapter 14.05, Procedures, to name the Hearing Examiner as the Building Code Board of Appeals.) (required action – ordinance) (staff contact – Rebecca Lowell) Mount Vernon City Council Agenda August 28, 2019 page 2 B. Emergency Adoption of Interim Regulations – Limited Temporary Homeless Encampments (i.e. Safe Parking) (Staff is requesting that Council declare an emergency and seeks approval of interim regulations to allow limited temporary homeless encampments, otherwise known as safe parking.) (required action – ordinance) (staff contact – Rebecca Lowell) C. Street Closure Request – Skagit River Salmon Festival (Staff is requesting that Council approve a street closure request made by Skagit River Salmon Festival for Saturday, September 7, 2019.) (required action – motion) (staff contact – Peter Donovan) COMMITTEE MEETINGS Finance and Parks & Enrichment Services 6:00 p.m. Next Ordinance 3789 Next Resolution 969  UNFINISHED ITEM: A DATE: August 28, 2019 (continued from August 14, 2019) TO: Mayor Boudreau and City Council Rebecca Lowell, Development Services FROM: CONTINUATION OF CLOSED RECORD PUBLIC HEARING FOR DRYDEN REQUEST FOR SUBJECT: SPECIAL PERMISSION, PLAN19-0063 RECOMMENDED ACTION: Staff recommends that Council hold a closed record public hearing and make a motion to authorize the Mayor to sign the accompanying resolution Denying the Dryden expansion of a non-conforming structure. INTRODUCTION/BACKGROUND: The Applicant seeks to expand a single family residence that in its existing condition does not comply with required front yard setbacks. The expansion proposed by the Applicant would allow a deck a pergola (that were built without benefit of any permits) to have a 0-foot front yard setback. MVMC Chapter 17.102 has a process by which the City Council (upon recommendation by the Hearing Examiner) can grant special permission to enlarge or expand an existing non-conforming structure and/or use so long as certain criteria are met. The proposal property has an address of 425 South 10th Street, and its parcel number is P52768. FINDINGS/CONCLUSIONS: On June 27, 2019 an open record hearing was held before the Hearing Examiner. The Examiner recommends Denial of the application in a report accompanying this memo dated July 13, 2019. No request for reconsideration of the Examiner’s recommendation of approval was received by the department. The Hearing Examiner’s recommendation is submitted together with the attached proposed Resolution, the Staff Report, and all of the Exhibits that the Examiner relied upon in making his recommendation. RECOMMENDATION: Staff recommends that Council move to adopt a resolution Denying the expansion of a non-conforming building. ATTACHED: • Proposed Resolution • Hearing Examiner Recommendation • Staff Report and its associated Exhibits  AGENDA ITEM: A DATE: August 28, 2019 TO: Mayor Boudreau and City Council FROM: Rebecca Lowell SUBJECT: Amendments to MVMC Chapter 14.05 to Designate the City’s Hearing Examiner as the Building Code Board of Appeals RECOMMENDED ACTION: At the direction of the City Attorney staff is requesting Council adoption of the accompanying Ordinance that names the City’s Hearing Examiner as the Building Code Board of Appeals. INTRODUCTION/BACKGROUND: When appeals to administrative building permit decisions are made the Mount Vernon Municipal Code presently requires the appointment of five persons to a board of appeals and that Development Services provide administrative and technical assistance to this board. In contrast, the Hearing Examiner has an existing administrative staff and experience conducting hearings and making appropriate decisions related to development projects. FINDINGS/CONCLUSIONS: Staff finds that designating the Hearing Examiner as the Building Code Board of Appeals will save considerable expense over establishment of a five person board with a separate administrative staff and avoid the appearance of a conflict of interest. RECOMMENDATION: Council adopt the accompanying ordinance. ATTACHED: Proposed Ordinance for Council’s consideration  AGENDA ITEM: B DATE: August 28, 2019 TO: Mayor Boudreau and City Council FROM: Rebecca Lowell SUBJECT: Emergency Adoption of Interim Regulations to allow Limited Temporary Homeless Encampments (i.e. Safe Parking) RECOMMENDED ACTION: Council adoption of the accompanying Ordinance that declares an emergency and adopts interim regulations to allow limited temporary homeless encampments. INTRODUCTION/BACKGROUND: The City has existing regulations that allow permanent homeless shelters, emergency shelters, and temporary homeless encampments. However, the City does not have regulations that would permit the homeless to park overnight in a vehicle at a facility. Programs that allow this type of use are generally referred to as Safe Parking. City Council asked staff to research safe parking programs after a community member expressed interest in creating such a program at her church. FINDINGS/CONCLUSIONS: The accompanying Ordinance declares an emergency and adopts interim regulations to allow the homeless to sleep in vehicles at properties owned by religious organizations. As required by law, if the attached Ordinance is adopted by Council tonight, a public hearing will be held in the next 60-days. RECOMMENDATION: Council declare an emergency and adopt the accompanying interim ordinance. ATTACHED: Proposed Ordinance for Council’s consideration Public Comment Letter  AGENDA ITEM: C DATE: August 28, 2019 TO: Mayor Boudreau and City Council FROM: Peter Donovan, Project Development Manager SUBJECT: STREET CLOSURE REQUEST FOR SKAGIT RIVER SALMON FESTIVAL RECOMMENDED ACTION: A motion to approve a street closure request made by Skagit River Salmon Festival on Saturday, September 7th. INTRODUCTION/BACKGROUND: The Skagit River Salmon Festival is a pet-friendly, family event that celebrates the mighty Skagit River and the return of the salmon. The event will take place on September 7, 2019 from 11am to 6pm. It features youth activities and crafts, recreational and educational booths, live music, food and cultural opportunities. The Festival is a 501(c)(3) nonprofit organization. FINDINGS/CONCLUSIONS: To eliminate increased congestion on West Division Street, permission is sought to restrict left turns onto South Ball Street. Flaggers at S. Ball will direct Festival attendees to turn left at the next intersection (S. Baker Street) to the west. RECOMMENDATION: Staff recommends Council approval of the Skagit River Salmon Festival request to restrict westbound Division Street traffic from turning left onto South Ball Street, from 7am to 7pm on September 7th. ATTACHED: Special Event Packet