City Council

CITY OF MOUNT VERNON CITY COUNCIL MEETING AGENDA October 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 October 9, 2019 Regular Council Meeting Minutes B. Approval of October 18, 2019 payroll checks numbered 109654 - 109683 direct deposit checks numbered 73638 - 73871, and wire transfers numbered 779, 785 - 788 in the amount of $1,156,800.92 C. Approval of October 23, 2019 Claims numbered 6038 - 6217 in the amount of $2,795,474.17 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 – Downtown Safe Halloween Trick-or-Treat (The Mount Vernon Downtown Association is requesting Council approval to close South 1st Street from north side of Kincaid to south edge of Division, and all cross streets east/west. These include Kincaid, Pine, Myrtle, Gates, Montgomery and Washington Streets, from Main to 2 nd Street; between the hours of 3:30 p.m. and 5:30 p.m. on Thursday, October 31, 2019 for the Mount Vernon Downtown Association sponsored Trick or Treat Event.) (required action – motion) (staff contact – Peter Donovan) B. Street Closure Request – Downtown Christmas Parade (The Mount Vernon Downtown Association is hosting a Holiday Parade on Sunday, December 8, 2019 and is requesting Council approval to close the following streets: Cleveland, from the north side of Milwaukee to Kincaid; and South 1st Street from Kincaid to the south side of Division. All connecting side streets from Main to 2nd, which includes Milwaukee, Snoqualmie, Broadway, Kincaid, Pine, Myrtle, Gates, Montgomery and Washington. With parking on South 1 st and side streets to be closed at 1:30 p.m.; streets closed at 3:30 p.m.) (required action – motion) (staff contact – Peter Donovan) Mount Vernon City Council Agenda October 23, 2019 page 2 C. Public Hearing – Capital Improvements Plan 2020 – 2025 (This is an open record public hearing to consider adoption by ordinance of the City of Mount Vernon the 2020-2025 Capital Improvements Plan.) (required action – ordinance) (staff contact – Peter Donovan) D. Final Plat Approval Woodside 8 and 9 (Staff is requesting Council approve a resolution to approve the final plat of Woodside, Division 8 and 9. This is the final division of the subdivision and will create 19 new single-family residential lots along with tracts for landscape/open space, forested buffer, utility/access, and critical areas over approximately 4.16 acres.) (required action – resolution) (staff contact – Rebecca Lowell) E. Approval of Agreement for 25th Street Playground Project (Staff is requesting that Council authorize the Mayor to enter into an agreement with Northwest Playground Equipment for the purchase and installation of the 25th Street Playground Project.) (required action – motion) (staff contact – William King) F. Approval of Amendments to Mount Vernon Municipal Code Section 17.85; Dumpster and Recycling Standards (Staff is requesting that Council approve an ordinance amending MVMC Section 17.85 to modify the enclosure opening width from 12 to 15 feet and from a depth of 10 to 12 feet. The ordinance would also add requirements or when recycling containers are shared in an enclosure, as there is not current code for this situation.) (required action – ordinance) (staff contact – Esco Bell) G. Amendment to Interlocal Agreement with Mount Vernon School District (Staff is requesting that Council authorize the Mayor to enter into an amended agreement with the Mount Vernon School District to authorize City maintenance of the District’s stormwater system on the Harriet Rowley Elementary School site.) (required action – motion) (staff contact – Rebecca Lowell) H. Public Hearing – Adoption of Interim Regulations Allowing Limited Temporary Homeless Encampments (i.e. Safe Parking) (This is a public hearing to allow testimony regarding allowing limited temporary homeless encampments, otherwise known as safe parking.) (required action – ordinance) (staff contact – Rebecca Lowell) COMMITTEE MEETINGS Finance and Parks & Enrichment Services 6:00 p.m. Next Ordinance 3791 Next Resolution 971  AGENDA ITEM: A DATE: October 23, 2019 TO: Mayor Boudreau and City Council FROM: Peter Donovan, Project Development Manager SUBJECT: DOWNTOWN STREET CLOSURE REQUEST FOR HALLOWEEN EVENT RECOMMENDED ACTION: Motion INTRODUCTION/BACKGROUND: Each Halloween, the MV Downtown Association hosts the safe Halloween Trick-Or-Treat event. From 3:30 to 5:30pm, the side streets and 1st Street are closed to traffic, to allow children to safely visit all of the downtown storefronts. FINDINGS/CONCLUSIONS: This year’s request is identical to the requests of years past. A community-building request that is safe, promotes downtown commerce and invites new visitors to our beautiful downtown. RECOMMENDATION: Staff recommends approval of this street closure request for the Downtown Safe Trick or Treat Event ATTACHED: Event Request Form  AGENDA ITEM: B DATE: October 23, 2019 TO: Mayor Boudreau and City Council FROM: Peter Donovan, Project Development Manager SUBJECT: DOWNTOWN STREET CLOSURE REQUEST FOR CHRISTMAS PARADE RECOMMENDED ACTION: Motion INTRODUCTION/BACKGROUND: This year, the Downtown Association will host the Christmas Parade on the second Sunday in December—December 8th. At 1:30pm, 1st Street and side streets will be closed to parking. At 3:30pm, the streets will close to traffic for the parade. FINDINGS/CONCLUSIONS: This year’s request is identical to the requests of years past. A community-building request that is safe, promotes downtown commerce and invites new visitors to our beautiful downtown. RECOMMENDATION: Staff recommends approval of this street closure request for the Downtown Christmas Parade Event ATTACHED: Event Request Form  AGENDA ITEM: C DATE: October 23, 2019 TO: Mayor Boudreau and City Council FROM: Peter Donovan, Project Development Manager SUBJECT: OPEN RECORD PUBLIC HEARING FOR 2020-2025 CAPITAL IMPROVEMENTS PLAN (CIP) RECOMMENDED ACTION: Hold the required Open Record Public Hearing on the CIP for the period 2020-2025. Following the Public Hearing, staff recommends that Council move to approve, or modify, the Ordinance amending the Comprehensive Plan for the City by updating the Capital Improvements Plan for the Period 2020-2025 INTRODUCTION/BACKGROUND: -The draft CIP for 2020-2025 is proposed as our yearly update to the Capital Facilities Element of the Comprehensive Plan. -The CIP is a six-year plan of capital projects with estimated costs and proposed methods of financing that is updated annually. -The Washington State Growth Management Act requires jurisdictions fully planning under the GMA to include a capital facilities plan element in their comprehensive plans (RCW 36.70A.070(3)). The capital facilities element is required before a jurisdiction can impose GMA impact fees. -The process begins with Department Heads submitting their capital requests, and then the Mayor and her support staff meet with applicable Department Heads to review their requests in detail, and revise as necessary. The draft CIP is then assembled and a) sent to the Department of Commerce for a 60-day review prior to City Council Public Hearing, b) taken before the Planning Commission as a Public Hearing for review and recommended approval, and c) subsequently taken before City Council as a Public Hearing for review and recommended approval. -Planning Commission has reviewed the CIP in a public meeting, on October 15, 2019 -The Planning Commission approves and recommends the 2020-2025 CIP after a public hearing on the Octber 15, 2019 -The City Council CIP Public Hearing is October 23, 2019. - Please note that we have again included a section in this year’s CIP titled, “Top Two Priority Projects from each Department that includes applicable pictures or visual aids. FINDINGS/CONCLUSIONS: Staff has followed the extensive and collaborative process that is prescribed for updating the City’s CIP. The Mayor has approved the updates. The Mount Vernon Planning Commission has held a public hearing, prior to approving the draft and recommending approval to City Council. RECOMMENDATION: Following a Public Hearing, Staff recommends approval of the 2020-2025 Capital Improvements Plan. ATTACHED: -Draft Ordinance ORDINANCE NO. ___ AN ORDINANCE OF THE CITY OF MOUNT VERNON, WASHINGTON, AMENDING THE COMPREHENSIVE PLAN FOR THE CITY BY AMENDING THE CAPITAL IMPROVEMENT PLAN FOR THE PERIOD 2020-2025. WHEREAS Chapter 36.70A RCW, the Growth Management Act (“GMA”) mandates the City of Mount Vernon to develop and adopt a comprehensive plan consisting of several elements, including a capital facilities plan element that includes a six-year financing plan (RCW 36.70A.070(3)), and WHEREAS the GMA also mandates, in part, that “a City . . . shall perform its activities and make capital budget decisions in conformity with its Comprehensive Plan,” and WHEREAS any revision to the Comprehensive Plan must be consistent with and implement the Comprehensive Plan, and conform to the GMA, and WHEREAS, the Mount Vernon Planning Commission conducted a public hearing on October 15, 2019 after due notice thereof, at which hearing amendments to the City’s Comprehensive Plan in the form of a Capital Improvement Plan (CIP), were considered and public comment was taken, and WHEREAS, the Planning Commission has recommended that the City Council approve the amended 2020-2025 CIP, and WHEREAS, the Planning Commission of the City of Mount Vernon, having made a review of the proposed Comprehensive Plan amendments, recommended the amendments to the City Council for approval and adoption, copies of which amendments are on file in the office of the City Clerk, and WHEREAS, the City Council has reviewed the amendments recommended by the Planning Commission and took testimony at a public hearing on October 15, 2019. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOUNT VERNON, WASHINGTON, DOES ORDAIN AS FOLLOWS: Section 1. That the Comprehensive Plan is hereby amended through the adoption of the 2020-2025 Capital Improvement Plan element as recommended by the Planning Commission, said amendments to be substantially in the form of the proposed amendments on file in the office of the City Clerk. Section 2. The Finance Director is hereby authorized and directed to transmit a complete copy of the final CIP, as adopted herein, to the appropriate governmental agencies. Copies of the CIP shall be made available for distribution to the general public through the Office of the Finance Director. Section 3. The total estimated expenditures/revenues set forth in the CIP for each major category and the aggregate total for all categories combined are summarized as follows: Fire Department 30,948,000 General Facilities 13,209,931 Information Services 40,000 Library Services 38,077,000 Parks 11,685,500 Police Department 250,000 Transportation 91,641,951 Surfacewater Utility 3,827,000 Wastewater Utility 10,360,000 Total CIP $200,039,382 Section 4. The various parts, sections and clauses of this Ordinance are hereby declared to be severable. If any part, sentence, paragraph, section or clause is adjudged to be unconstitutional or invalid by a court of competent jurisdiction, the remainder of this Ordinance shall not be affected thereby. Section 5. This Ordinance shall take effect five (5) days after publication, as required by law. PASSED and APPROVED this 23rd day of October, 2019. DOUG VOLESKY, Finance Director SIGNED and APPROVED this ___ day of October, 2019.  JILL BOUDREAU, Mayor Approved as to form: KEVIN ROGERSON, City Attorney Published  AGENDA ITEM: D DATE: October 23, 2019 TO: Mayor Boudreau and City Council FROM: Rebecca Lowell, Development Services SUBJECT: FINAL PLAT APPROVAL OF WOODSIDE PUD, DIVISIONS 8 & 9 PLAN19-0179 (FORMERLY CEDAR HEIGHTS II PUD LU07-009) 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 8 & 9 (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 8 and 9 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. In January 2019, Woodside Divisions 6 & 7 (consisting of 38 single- family residential lots along with tracts for landscape/open space, critical areas) was approved. Presently the applicant wishes to receive final plat approval for Divisions 8 & 9 that include a total of 19 single-family residential lots along with tracts for landscape/open space, forested buffer, utility/access, and critical areas. The proposed lots range in size from 4,116 square feet to 9,651 square feet; and have an average lot size of 5,323 square feet. The total area within Divisions 8 & 9 is approximately 4.16- acres. The plat access roads named South 49th Street and Chief Lane (Private) have been constructed by the developer and approved by the City. These roads are comprised of the following: • South 49th Street: there are two different sections that apply to this street - the first portion is comprised of 2, 14-foot through lanes, 4.5-foot landscaping strip on one side of the street; and 5-foot sidewalks on one of the street within a 40-foot right-of-way. A 5-foot sidewalk and one foot of the opposite sidewalk are located within easements. The second section is comprised of 2, 14-foot through lanes, a 5-foot side walk and a 5-foot gravel path within a 39-foot right-of- way. Parking is allowed on only one side of the street. • Chief Lane (Private): This private street is comprised of 2, 14-foot through lanes within a 30- foot-wide tract. A 5-foot sidewalk is located within an easement on one side of the street. No parking is allowed. South 49th Street; the public sanitary sewer system; the off-site stormwater pond constructed for Cedar Heights Phase 1; 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 one minor modification per MVMC 17.69.180(A) as part of the subject final plat approval. A copy of the modification approval is attached. The minor modification, PLAN19-0155 includes three modifications to Divisions 8 & 9. Specifically, Tract 901 would be revised to more accurately reflect its uses. The tract would be reconfigured into three separate tracts: Tract 901— Landscape Tract; Tract 907—Utility Access Tract; and Tract 998-D—NGPA to include the wetland and its buffer. The second modification is a minor relocation of the trail and split rail fence within NGPA Tract 998. The final modification is to modify the 5-foot wide path adjacent to and east of South 49th Street from a sidewalk to a gravel path. The applicant has submitted the required paperwork for each of the four (4) below-listed financial securities: 1. A one (1)-year maintenance financial security amounting to $40,379.88 (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 $36,740.23 (25% of the total cost of the plants and 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.  3. A ten (10)-year forested buffer maintenance financial security, in the amount of $2,788.65 (25% of the total cost of the plants and the total costs of the maintenance), is required to guarantee the maintenance and survivability of forested buffer improvements throughout the plat. 4. A five (5)-year critical area maintenance and monitoring financial security, in the amount of $7,285.92 (50% of the total cost of the plants and the total costs of the maintenance and monitoring) to guarantee the maintenance, monitoring, and compliance with the performance standards outlined in the approved monitoring and maintenance plan. RECOMMENDATION: Council move to authorize the Mayor to sign the accompanying Resolution and final plat maps for the Woodside Divisions 8 & 9 PUD and accept all public improvements that were completed for this development. ATTACHED: • Proposed Resolution for the subject final plat approval • Minor Modification PLAN19-0155 • Final Plat Maps • Preliminary Plat Resolution 797  RESOLUTION NO. ____ A RESOLUTION PERTAINING TO SUBDIVISION CONTROL AND ACCEPTING THE FINAL PLAT OF WOODSIDE DIVISIONS 8 & 9 PUD (FORMERLY A PORTION OF CEDAR HEIGHTS II PUD) LAND USE FILE NO. LU07-009 AND PLAN19-0179 PURSUANT TO CHAPTER 16.12 OF THE MOUNT VERNON MUNICIPAL CODE WHEREAS, an application for approval of a Final Plat of a proposed 19-lot subdivision has been made pursuant to Chapters 16.12 of the Mount Vernon Municipal Code by the owner of the real property described in Exhibit "1", and shown in Exhibit “2” which comprises approximately 4.16 acres in Mount Vernon, Washington; and WHEREAS, preliminary plat approval for this plat was granted by the City Council with Resolution 797 in November of 2009; and WHEREAS, following preliminary plat approval granted with Resolution 797 a new developer purchased the property and subsequently renamed it Woodside; and WHEREAS, the applicant is seeking final plat approval for 19 single-family residential lots (labeled as Divisions 8 and 9) out of the 166 residential units that have preliminary plat approval through Resolution 797 and the subsequent modifications; and WHEREAS, the required SEPA process was completed with the preliminary plat process. Additionally, the City’s Hearing Examiner held an open record public hearing for the preliminary plat, and the City Council approved with Resolution 797 the preliminary plat for this overall development; and WHEREAS, City staff have verified that the conditions of approval outlined with Resolution 797 have been satisfied as they pertain to the 19-lots that the applicant is seeking final plat approval of; and NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOUNT VERNON, WASHINGTON AS FOLLOWS: SECTION ONE. That the City Council does hereby adopt the above listed recitals as set forth fully herein. SECTION TWO. Findings of City Council. The Mount Vernon City Council hereby finds that: A. That said Final Plat known and described as WOODSIDE DIVISIONS 8 AND 9 (originally a portion of Cedar Heights II) has been presented for acceptance, approval and filing and is hereby accepted, approved and ordered filed subject to the restrictions and conditions contained in Resolution 797, those additional conditions listed in Exhibit "3", and the minor modification and final plat documentation listed and contained within Exhibit “4”, attached hereto and made a part hereof by reference as though fully set forth herein. B. The real property comprising such plat is hereby described in Exhibit "1" and shown in Exhibit “2”, both of which are attached hereto and made a part hereof by reference as though fully set forth. C. All plat improvements have either been constructed or have been bonded for as approved by the City Council in amounts specified by the appropriate City Official. Resolution No. ___ Page 1 of 6 Final Plat Approval for Woodside Div. 8 & 9 PUD SECTION THREE. Approval/Authorization to Execute. The Final Plat Divisions 8 and 9 of the subdivision known as Woodside PUD is hereby approved and the Mayor is authorized to inscribe and execute the City Council's approval on the face of the final plat subject to the recommendations of the Development Services Department described in Exhibit “3” that is attached hereto and made a part hereof by reference as though fully set forth. SECTION FOUR. Effective Date. This Resolution shall take effect and be in force immediately upon its passage. SECTION FIVE. Severability. If any one or more sections, subsections, or sentence of this Resolution are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Resolution and the same shall remain in full force and effect. PASSED by the City Council of the City of Mount Vernon this 23th day of October, 2019; and signed in authentication of its passage this ______ day of October, 2019. ______________________________ Jill Boudreau, Mayor Attest: ______________________________ Doug Volesky, Finance Director Approved as to form: _______________________________ Kevin Rogerson, City Attorney Resolution No. ___ Page 2 of 6 Final Plat Approval for Woodside Div. 8 & 9 PUD  EXHIBIT "1": WOODSIDE DIVISIONS 8 AND 9 Legal Description Tracts Y & Z, “PLAT OF WOODSIDE PUD DIVISIONS 6 & 7”, recorded on January 28, 2019, under Skagit County Auditor’s File No. 201901280092. Situate in the City of Mount Vernon, County of Skagit, State of Washington. Resolution No. ___ Page 3 of 6 Final Plat Approval for Woodside Div. 8 & 9 PUD  EXHIBIT "2" WOODSIDE DIVISIONS 8 AND 9 PLAT MAP (Provided for illustrative purposes only) Resolution No. ___ Page 4 of 6 Final Plat Approval for Woodside Div. 8 & 9 PUD  EXHIBIT "3": CONDITIONS OF APPROVAL WOODSIDE DIVISIONS 8 AND 9 FINAL PLAT 1. The applicant has requested final plat approval for a portion of the Woodside (formally Cedar Heights Phase 2) plat. The entire Woodside development will be comprised of 166 residential lots at full build-out. The applicant is seeking approval of only 38 single family lots with this final plat approval. Divisions 1 and 2 of this PUD received final plat approval in June of 2016; Divisions 3, 4 and 5 received final approval December 2017, Divisions 6 and 7 received final approval January 2019, and as such, the infrastructure associated with Divisions 1 to 9 has been installed and the applicant has demonstrated compliance with the preliminary plat approval conditions outlined within Resolution 797. These divisions are the final divisions in the project and upon approval of this final plat Woodside will be completed. 2. Final Plat Maps, As-Builts, and associated information, as approved by the City, shall be submitted in their final form to the Development Services Department following approval of this Resolution. 3. Final CC&Rs, as approved by the City, shall be recorded with the final plat maps for Divisions 8 & 9 and shall have their Auditor’s File Number cross-referenced on the face of this plat. Resolution No. ___ Page 5 of 6 Final Plat Approval for Woodside Div. 8 & 9 PUD  EXHIBIT "4": MINOR MODIFICATION & OTHER FINAL PLAT DOCUMENTATION Resolution No. ___ Page 6 of 6 Final Plat Approval for Woodside Div. 8 & 9 PUD  Exhibit 4 NOTICE OF DECISION: MINOR MODIFICATIONS for PLATS AND/OR PUDS A. BACKGROUND INFORMATION: PROJECT NAME: Woodside Plat/PUD, Div. 8 & 9 LAND USE NO: PLAN19-0155 Woodside 8 & 9 LLC APPLICANT/PROPERTY Anna Nelson OWNER 504 E Fairhaven Ave Burlington WA 98233 PROJECT ADDRESS: NA OTHER FILE NO.: LU07-009 PROJECT PARCEL NUMBERS: P134567, P134568, P133341 The proposal is for three modifications to Divisions 8 and 9 of the Woodside development. Specifically, Tract 901 would be revised to more accurately reflect its uses. The tract would be reconfigured into three separate tracts: Tract 901— Landscape Tract; Tract 907 Utility Access Tract; and Tract 998-D NGPA to include the wetland and its buffer. PROJECT SUMMARY: The second modification is a minor relocation of the trail and split rail fence within NGPA Tract 998. The final modification is to modify the 5-foot wide path adjacent to and east of South 49th Street from a sidewalk to a gravel path. APPLICABLE MVMC MVMC 17.69.180 & 16.08.050 B. APPROVAL CRITERIA: The change will not reduce by 10 percent or more any area of landscaping, open space, natural area or parking, Yes No so long as the minimum code requirements for these amenities are still met; and The change will not have the effect of increasing the density; and Yes No The change will not increase the total amount of floor area of a development by 10 percent or more; and Yes No The change will not result in any structure, circulation or parking area being moved significantly in any direction; and Yes No The change will not reduce any setback approved as part of the preliminary plan by more than 10 percent so long as the required minimum setback is met; and Yes No The change will not result in a significant increase in the height of any structure as approved in the preliminary plan so long as the code requirements are still met; and Yes No Minor Modifications Woodside 8 & 9 Page 1 of 3  The change will not move or change the type of access; and Yes No The change will not remove trees or modify other natural features that were to be preserved under the previous action; and Yes No The change will not increase or create any adverse impacts or undesirable effects on the surrounding neighborhood. Yes No The modification will not violate the terms and agreements of the preliminary plat, preliminary PUD, final plat, final PUD approval and the intent of the original conditions of approval is not altered; Yes No The modification will not cause the preliminary plat, preliminary PUD, final plat, final PUD to violate any applicable city policy or regulation; and Yes No The modification will not be inconsistent or cause the preliminary plat, preliminary PUD, final plat, final PUD to be inconsistent with the decision of the city preliminarily or finally approving the application. Yes No C: STAFF ANALYSIS 1. Background. Tract 901 was established with a previous modification (PL18-026) and was necessary due to changes in critical areas that were identified during the processing of Divisions 6 & 7 of the Woodside development. At that time, for convenience it was determined that even though the western area of Tract 901 was located outside of the critical area and its buffer the entire area would be designated as NGPA and labeled Tract 901. With the development of Divisions 8 & 9 it has become necessary to more accurately define the different aspects of the tract to reflect their actual use. During the construction phase for Divisions 8 & 9, it was determined that a utility access road was required for access to a sanitary sewer manhole that had been approved for installation directly adjacent to NGPA Tract 998. Construction of the utility access was within the area of Tract 901 that was not technically NGPA and it was not logical to allow the construction of the roadway within the NGPA Tract. Thus, it became necessary to more accurately identify the NGPA Tract associate with the wetland and its buffer and to appropriately designate the remainder of the tract. The proposed configuration of Tract 901 into three components achieves the objective of more accurately designating the portions of the tract to reflect their actual use. 2. The modifications to Tract 998 are limited to the realignment of a split rail fence and walking path. 3. The modification to the path adjacent to and east of South 49th Street is to correct an oversight in the previously noted minor modification for Divisions 6-9 (PL18-026). It was included in the previous request and identified and approved on the landscape plans prepared for Divisions 8 & 9. The primary pedestrian access for this area is located on the sidewalk located across the street from the gravel path. No homes are located adjacent to the gravel path. It will primarily be used by car passengers parking on the east side of South 49th Street. D. STAFF DECISION The Minor Modification of the Preliminary Plat Preliminary PUD Final Plat Final PUD is APPROVED subject to compliance with the standards of the Mount Vernon Municipal Code. October 14, 2019 Marianne Manville-Ailles, Planning Consultant Date Community & Economic Development Department Minor Modifications Woodside 8 & 9 Page 2 of 3  E. EXPIRATION/APPEALS/NOTES TO APPLICANT: Minor modifications are Process I decisions per MVMC Chapter 14.05; where a final decision is made by the director or the director’s designee without a public hearing. Minor modifications are categorically exempt from SEPA environmental review. This decision may be appealed in an open record appeal hearing to the hearing examiner within 14 days of the date this document was signed by the approval authority, as noted above. The hearing examiner decision may be appealed in a closed record appeal to the city council. Consistent with MVMC 14.05.140 this approval shall expire within two years of the date this document was signed by the approval authority, as indicated above, should no further action be taken by the applicant. Further information may be obtained by contacting the Community & Economic Development Department at: 910 Cleveland Ave / P.O. Box 809, Mount Vernon, WA 98273, (360) 336-6214. Minor Modifications Woodside 8 & 9 Page 3 of 3  MEMORANDUM TO: Rebecca Lowell FROM: Alan Danforth, DS Engineering Manager DATE: September 16, 2019 SUBJECT: PLAN19-0179 Plat of Woodside PUD Divisions 8 & 9 Resolution 797 - Preliminary Plat Approval for Cedar Heights, Phase II Condition of Approval 2.05.8.3 Sewer Connection to adjacent property to the east. Rebecca, Resolution 797 of the subject line Plat (formerly known as cedar heights), Section 2.05.8.3, states that: “Sanitary sewer stub to provide connection for future development shall be provided to the east property line at Burlingame Drive”. Divisions 8 and 9 have been reconfigured with the approval of Minor Modification PL18-026. As a result of the reconfiguration, the installation of a sanitary sewer stub to the terminus of Chief Place was constructed and could provide service to the same property that would have had the connection from Burlingame Drive (now south 49th Street). The new sewer stub satisfies the intent of condition 2.05.8.3. 910 Cleveland Ave Mount Vernon, WA 98273 (360) 336-6214 – aland@mountvernonwa.gov http://www.mountvernonwa.gov AGENDA ITEM: E  AGENDA ITEM: F DATE: October 23, 2019 TO: Mayor Boudreau and City Council FROM: Public Works – Solid Waste SUBJECT: DUMPSTER ENCLOSURE STANDARDS RECOMMENDED ACTION: Motion to amend portions of Chapter 17.85 MVMC, Dumpster and Recycling Standards. INTRODUCTION/BACKGROUND: The Solid Waste Division is asking to amend the dumpster enclosure sizes codified in MVMC 17.85.020 to increase the opening width from 12 to 15 feet and to increase the minimum depth from 10 to 12 feet. The slight increase in size is necessary to allow all Solid Waste Trucks to access dumpsters inside enclosures allowing clearance for mirrors and doors. In addition, the MVMC does not currently have enclosure standards that account for instances where recycling is housed in the same enclosure as dumpsters are. To fix this Solid Waste is asking to add a new section of code requiring a minimum opening width of 25 feet and a minimum depth of 12 feet when recycling contains share an enclosure with garbage. FINDINGS/CONCLUSIONS: Public Works/ Solid Waste Division is asking for a change in dumpster and recycling standards to ensure Solid Waste Trucks have clearance when servicing dumpsters. RECOMMENDATION: Motion to approve the above-described code amendments. ATTACHED: Proposed Ordinance  ORDINANCE NO. AN ORDINANCE OF THE CITY OF MOUNT VERNON, WASHINGTON AMENDING SUBSECTIONS OF CHAPTER 17.85, DUMPSTER AND RECYCLING STANDARDS OF THE MOUNT VERNON MUNICIPAL CODE RELATING TO THE MINIMUM SIZE OF DUMPSTER ENCLOSURES WHEREAS dumpsters and dumpster enclosures are regulated by the City to promote public health, safety, welfare, order, and aesthetics; and WHEREAS the Mount Vernon Municipal Code presently allows opening widths for dumpster enclosures that are not wide enough for all Solid Waste trucks to access dumpsters inside enclosures; and WHEREAS, a notice of public hearing was published on October 5, 2019; and, NOW, THEREFORE, THE CITY COUNCIL OF MOUNT VERNON, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION ONE. Section 17.85.020, Pad size and construction standards, of the Mount Vernon Municipal Code is hereby repealed and reenacted with the new section to read as follows: 17.85.020 Pad size and construction standards. Following are the required dumpster pad size and construction standards: A. Enclosures without recycling containers shall have a minimum opening width of 12 15 feet and a minimum depth of 10 12 feet. When recycling containers are shared in an enclosure with garbage the enclosure shall have a minimum opening width of 25 feet and a minimum depth of 12 feet. B. All pad and rollout areas shall be constructed of concrete with a thickness to be not less than four-inches. C. All pads shall be level. A pad’s top surface elevation shall be even with parking lot or driveway top surface elevation. (Ord. 2997 § 3, 2000). SECTION TWO. Section 17.85.030, Enclosure requirements, of the Mount Vernon Municipal Code is hereby repealed and reenacted with the new section to read as follows: 17.85.030 Enclosure requirements. Following are the dumpster enclosure requirements: A. All pads shall be enclosed by a minimum six-foot-tall sight-obscuring fence to screen and retain the container on the pad site and contain blowing debris. B. If gated, the gates shall have the ability to be fixed, or pinned, in a 180-degree open position. A three-foot clearance shall be maintained between the container(s) and any sidewalls. C. It shall be the responsibility of the customer to keep the enclosure in an acceptable sanitary condition including the area around the enclosure. D. Enclosures provided for solid waste containers shall be used only for solid waste containers. (Ord. 2997 § 3, 2000). SECTION THREE. Severability. If any section, subsection, paragraph, sentence, clause, or phrase of this ordinance is declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining parts of this ordinance. Ordinance ______ Page 1 of 2 SECTION FOUR. City staff is hereby directed to complete preparation of the final ordinance including correction of any typographical edits. SECTION FIVE. This ordinance shall be in full force and effect five days after its passage, approval and publication as provided by law. PASSED AND ADOPTED this 23rd day of October, 2019. SIGNED AND APPROVED this ____ day of ________________, 2019. ______________________________ Jill Boudreau, Mayor ______________________________ Doug Volesky, Finance Director Approved as to form: ___________________________________ Kevin Rogerson, City Attorney Published _________________________ Ordinance ______ Page 2 of 2  AGENDA ITEM: G DATE: October 23, 2019 TO: Mayor Boudreau and City Council FROM: Rebecca Lowell, Development Services SUBJECT: APPROVAL OF AN AMENDED INTERLOCAL AGREEMENT WITH THE MOUNT VERNON SCHOOL DISTRICT REGARDING MAINTENANCE OF DRAINAGE FACILITIES RECOMMENDED ACTION: Approval of an Amended Interlocal Agreement with the Mount Vernon School District (District). INTRODUCTION/BACKGROUND: In July of 2019 the City and the District entered into an Interlocal Agreement allowing the City to conduct ordinary maintenance, repair, and operation of the stormwater systems installed at the Harriet Rowley Elementary School located at 400 S. 53rd Street. This amendment is necessary because the prior Agreement did not include a small area where the stormwater system exists. FINDINGS/CONCLUSIONS: The Amended Interlocal Agreement is necessary to ensure the City has the ability to monitor, repair and operate the entire stormwater system the District installed. RECOMMENDATION: Staff recommends Council authorize the Mayor to sign the accompanying Amended Interlocal Agreement. ATTACHED: Amended Interlocal Agreement  AMENDED INTERLOCAL AGREEMENT BETWEEN MOUNT VERNON SCHOOL DISTRICT NO. 320 AND THE CITY OF MOUNT VERNON RE: MAINTENANCE OF DRAINAGE FACILITIES THIS AMENDED INTERLOCAL AGREEMENT (the “Amended Agreement”) is entered into by and between MOUNT VERNON SCHOOL DISTRICT NO. 320, a Washington municipal corporation (the “District”) and the CITY OF MOUNT VERNON, a Washington city (the “City”) pursuant to the Washington State Interlocal Cooperative Act, RCW Chapter 39.34 on this ________day of ______________, 2019, for the purpose of maintaining District-owned Stormwater facilities to the mutual advantage of each jurisdiction. I. RECITALS WHEREAS, the District owns a stormwater drainage pipe and related facilities extending from E. Division Street within an easement on Lot 1 and on Tract Y of the Mount Vernon Short Plat No. LU 13-047 (the “Short Plat”) (See the Easements recorded under AF# 200704030120 and noted on the face of the Short Plat, and recorded under AF# 201310140059 and referred to on the face of the Short Plat (collectively the “Easements”). The area of said Easements is referred to herein as the (“Easement Area”) connecting stormwater drainage facilities from E. Division Street to a Stormwater Pond located on District owned property within the parcel with parcel number P-125967 (referred to herein as “Parcel P=125967”) , and related facilities collecting and managing stormwater from Tract X and Lot 3 of the Short Plat (the Harriet Rowley Elementary School site) and stormwater received from E. Division Street between the aforementioned Tract X and Lot 1 of the Short Plat and discharging through the aforementioned stormwater facilities on Lot 1 of the Short Plat, and to the stormwater pond and facilities on Parcel P-125967, and then to and through a level spreader outfall on Tract Y of the Short Plat depicted on Exhibit A, attached hereto (collectively the stormwater system and related facilities serving Lot 3 and Tract X of the Short Plat and that portion of said system lying along E. Division St. between Tract X and Lot 1, referenced above, are referred to herein as the “Rowley Stormwater System”); and WHEREAS, the City requires stormwater facilities within the City be maintained to City standards; and stormwater facilities serving public functions, such as the Rowley Stormwater System, be conveyed to the City and subsequently maintained by the City’s stormwater utility; and WHEREAS, the District has granted an Easement to the City for maintenance of the Stormwater Pond and related facilities located on the District owned Parcel P-125967; and WHEREAS, although the City has stormwater utility services that include dedicated staff and relevant experience and equipment, the District does not have dedicated staff trained to conduct ordinary maintenance, repair, and operation of stormwater systems; and WHEREAS, until such time as the City owns the Rowley Stormwater System, including the right of access thereto, the Parties, pursuant to this Amended Agreement, agree that the City shall act as the District’s agent for maintenance of the Rowley Stormwater System; and WHEREAS, state law, including, but not limited to, RCW 39.34, permits governmental entities to enter into Interlocal Agreements to accomplish mutually beneficial purposes in the AMENDED INTERLOCAL AGREEMENT - 1 public interest and for the most efficient use of their respective powers for the benefit of each other and the public; and WHEREAS, the Parties entered into an Interlocal Agreement on or about July 24, 2019 (the “Agreement”) and the Parties intend that this Amended Agreement shall terminate and replace in its entirety the Agreement; and WHEREAS, the Parties desire to enter into this Amended Agreement for the City to provide the ordinary maintenance, operation and repair of the Rowley Stormwater System by the City (the “Services”). II. TERMS AND CONDITIONS NOW, THEREFORE, MOUNT VERNON SCHOOL DISTRICT NO. 320 AND THE CITY OF MOUNT VERNON AGREE AS FOLLOWS: 1. PURPOSE. The purpose of this Amended Agreement is to authorize and to define the terms under which the City will provide certain services to the District as further delineated herein. 2. TERM. The term of this Amended Agreement shall commence upon full execution of this document by all Parties. This Amended Agreement shall automatically renew on an annual basis, unless terminated as elsewhere provided in this Amended Agreement. 3. ACCESS AND SERVICES. The District hereby grants the authority to access the Rowley Stormwater System as the District’s agent for the purposes of conducting ordinary maintenance, repair and operation of the Rowley Stormwater System, including inspection and related services. The City, acting as the District’s agent pursuant to this Amended Agreement, is granted the authority to enter into the Easement Area on behalf of the District to conduct and provide the stormwater services specified herein. This Amended Agreement does not authorize the City to install any improvements within the Easement Area. This Amended Agreement does not authorize the City to add additional stormwater services or make any additional connections to the Rowley Stormwater System. All persons rendering Services under this Amended Agreement shall be, for all purposes, employees of the City. All aspects of performance of the Services shall be governed solely by the City, including, but not limited to, personnel, standards of performance, and discipline. 4. COMPLIANCE WITH LAW. The Parties hereto shall comply with all applicable laws with regard to all actions taken pursuant to this Amended Agreement, including without limitation public bidding laws. 5. RELATIONSHIP TO THE PARTIES. The Parties agree that they are each independent entities operating pursuant to the terms and conditions of this Amended Agreement. No agent, employee, servant or representative of any Party shall be deemed to be an employee, agent, servant or representative of any other Party for any purpose. Each Party will be solely and entirely responsible for its acts and for the acts of its agents, employees, and servants during the term of this Amended Agreement. 6. INSURANCE. Each Party shall participate as a member of an insurance risk pool available for the District and for the City, as may be applicable for each entity. AMENDED INTERLOCAL AGREEMENT - 2 7. MISCELLANEOUS PROVISIONS 7.1. Extent of Amended Agreement. This Amended Agreement contains all of the terms and conditions agreed upon by the Parties. The Parties agree that there are no other understandings, oral or otherwise, regarding the subject matter of this Amended Agreement. 7.2. Modification. No changes or modifications to this Amended Agreement shall be valid or binding upon either Party to this Amended Agreement unless such changes or modifications are in writing and executed by authorized representatives of both Parties. 7.3 Responsible Persons. The persons responsible for administration of this Amended Agreement on behalf of each Party shall be the Stormwater Utility Manager for the City of Mount Vernon Public Works Department and the Assistant Superintendent of Mount Vernon School District No. 320. All correspondence, letters or other notices shall be directed to the foregoing Parties at the following addresses/phone numbers, or to their established agency designee: Blaine Chesterfield Bill Nutting Stormwater Utility Manager Assistant Superintendent City of Mount Vernon Public Works Mount Vernon School District No. 320 1024 Cleveland Avenue 2001 Cleveland Ave. Mount Vernon, WA 98273 Mount Vernon, WA 98273 (360) 336-6204 (360) 428-6206 7.4. No Benefit to Third Parties. This Amended Agreement shall not be construed to provide any benefits to any third parties. Specifically, and without limiting the foregoing, this Amended Agreement shall not create or be construed as creating an exception to the Public Duty Doctrine. 7.5. Termination. This Amended Agreement shall be terminated upon the occurrence of the following two events without further action of the Parties required: 1. City’s acquisition of an easement allowing the City the independent right of access to maintain all of the Rowley Stormwater System; and 2. The conveyance of the Rowley Stormwater System by the District to the City. 7.6. Direction and Control. The Parties hereto do not intend to create any separate or legal administrative entity by this Amended Agreement, but rather, intend for this mutual Amended Agreement to govern for the purposes contained herein. 7.7. Property and Equipment. The ownership of all property and equipment utilized in association with this Amended Agreement shall remain with the original owner unless specifically and mutually agreed to by both Parties. Upon the determination that the City has the independent right to access the Easement by any means, including without limitation the acquisition or dedication of a separate easement covering the area of the Easement, the District shall convey the entire Rowley Stormwater System to the City. 7.8. Status of Amended Agreement. This Amended Agreement is in addition to, and is not intended to replace, substitute, modify or otherwise amend any other agreement between AMENDED INTERLOCAL AGREEMENT - 3 the City and the District. This Amended Agreement is only limited to the purposes stated herein. Any other agreements continue in effect according to the specific terms of those agreements. 7.9. Compliance With Law. All Parties to this Amended Agreement shall comply with all applicable federal, state and local laws, rules and regulations in carrying out the terms and conditions of this Amended Agreement. 7.10. Further Cooperation. The Parties shall fully and completely cooperate with one another in good faith at all times, so that the terms and spirit of this Amended Agreement may be fully implemented. All Parties have had the ability to negotiate the terms of this Amended Agreement on an equal basis. This Amended Agreement shall be reasonably interpreted and not weighed in favor of or against any Party. 7.11. Survivability. All covenants, promises, and performances which are not fully performed as of the date of termination shall survive termination as binding obligations. 7.12. Waiver. No failure by any of the foregoing Parties to insist upon the strict performance of any covenant, duty, agreement, or condition of this Amended Agreement, or to exercise any right or remedy consequent upon a breach thereof, shall constitute a waiver of any such breach or any other covenant, agreement, term or condition. Any Party hereto, by notice, and only by notice as provided herein may, but shall be under no obligation to, waive any of its rights or any conditions to its obligations hereunder, or any duty, obligation or covenant of any other Party hereto. No waiver shall affect or alter this Amended Agreement, and each and every covenant, agreement, term, and condition of this Amended Agreement shall continue in full force and effect with respect to any other then existing or subsequent breach thereof. 7.13. Entire Agreement. The entire agreement between the Parties hereto is contained in this Amended Agreement, and this Amended Agreement supersedes all of their previous understandings and agreements, written and oral, with respect to this transaction. This Amended Agreement may be amended only by written instrument executed by the Parties subsequent to the date hereof. The Agreement between the Parties executed on or about July 24, 2019, is terminated and replaced in its entirety this Amended Agreement. 7.14. Severability. If any provision of this Amended Agreement is held to be invalid, illegal or unenforceable for any reason, that holding shall not affect or impair, in any manner, the validity, legality or enforcement of the remainder of this Amended Agreement. IN WITNESS WHEREOF, the Parties have caused this Amended Agreement to be signed by their duly authorized representatives as of the date first above mentioned. MOUNT VERNON SCHOOL DISTRICT NO. 320 CITY OF MOUNT VERNON ____________________________ _______________________ By: Dr. Carl Bruner By: Jill Boudreau Its: Superintendent Its: Mayor AMENDED INTERLOCAL AGREEMENT - 4 STATE OF WASHINGTON ) ) ss. COUNTY OF SKAGIT ) On this day before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared, DR. CARL BRUNER, to me known to be the Superintendent of MOUNT VERNON SCHOOL DISTRICT NO. 320, a Washington Municipal Corporation, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute the said instrument on behalf of the corporation. GIVEN under my hand and official seal this ____ day of ______________, 2019. Print Name: NOTARY PUBLIC in and for the State of Washington, residing at My commission expires: STATE OF WASHINGTON ) ) ss. COUNTY OF SKAGIT ) On this day personally appeared before me JILL BOUDREAU, to me known to be the Mayor of the CITY OF MOUNT VERNON, and acknowledged the said instrument to be the free and voluntary act and deed of said City, for the uses and purposes therein mentioned, and on oath stated that she was authorized to execute the said instrument on behalf of the City. Given under my hand and official seal this ____ day of ___________________, 2019. Print Name: NOTARY PUBLIC in and for the State of Washington, residing at My commission expires:______________________ F:\CLIENTS I-Q\Mt. Vernon School District\E. Division Elementary\City ILA for Stormwater Maintenance\Amended Interlocal Agreement - Stormwater Maintenance 09 19 2019.Clean.FINAL.doc AMENDED INTERLOCAL AGREEMENT - 5  EXHIBIT A STORMWATER MAINTENANCE AREA SKETCH SW 1/4, NE 1/4, SEC 22, T 34N, R 4E, W.M. P121457 HIGHLANDS GLEN LLC (TRACT 906) SKAGIT HIGHLANDS PARKWAY P131740 GB HIGHLANDS LLC (TRACT Y) 10-FT WIDE STORM DRAIN MAINTENANCE AREA P124602 "AS CONSTRUCTED" SKAGIT HIGHLANDS DIV 3 & HOMEOWNERS ASSOCIATION P125967 MOUNT VERNON SCHOOLS UNIT 320 1" = 60' 60 120 FOR REVIEW PREPARED FOR: HARMSEN, LLC 603 SOUTH FIRST STREET - MOUNT VERNON, WA 98273 MOUNT VERNON SCHOOLS (360) 336-9199 - (888) 794-7811 JOB NO. DATE: WWW.HARMSENLLC.COM 16-185 AUGUST 2019  AGENDA ITEM: H DATE: October 23, 2019 TO: Mayor Boudreau and City Council FROM: Rebecca Lowell SUBJECT: Public Hearing Regarding the 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: On September 11, 2019 Council adopted Ordinance 3790 (attached) amending Chapter 17.210 MVMC to allow limited temporary homeless encampments, otherwise known as safe parking. State law requires a public hearing be held within 60-days following adoption of interim regulations. Tonight is the required public hearing. Please recall that the City has existing regulations that allow permanent homeless shelters, emergency shelters, and temporary homeless encampments. However, until the adoption of Ordinance 3790 the City did not have regulations that would permit the homeless to park overnight in a vehicle at a facility. FINDINGS/CONCLUSIONS: As required by law, the City is holding a public hearing on Ordinance 3790. RECOMMENDATION: Adopt the accompanying Ordinance that ratifies and continues the regulations adopted through Ordinance 3790 for a six-month period of time. ATTACHED: Ordinance 3790 Proposed Ordinance for Council’s consideration  ORDINANCE NO. AN ORDINANCE OF THE CITY OF MOUNT VERNON, WASHINGTON, RATIFYING, RENEWING, CONFIRMING, AND CONTINUING INTERIM LAND USE REGULATIONS PREVIOUSLY ADOPTED BY THE CITY COUNCIL OF MOUNT VERNON, WA THROUGH ORDINANCE 3790 PASSED ON SEPTEMBER 11, 2019 PURSUANT TO RCW 35A.63.220 AND RCW 36.70A.390; RELATING TO LIMITED TEMPORARY TRANSITORY ACCOMMODATIONS; ADOPTING FINDINGS OF FACT JUSTIFYING ITS ACTION; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, RCW 35A.63.220 authorizes the City of Mount Vernon to enact interim regulations while new plans or regulations are considered and prepared and will not be rendered moot and to hold a public hearing on such regulations within 60 days of the commencement; and WHEREAS, pursuant to the Growth Management Act (GMA), Chapter 36.70A RCW, the City Council has adopted the City of Mount Vernon Comprehensive Plan and Title 17 MVMC, the City of Mount Vernon Zoning Code, for the areas within the City of Mount Vernon’s Urban Growth Area; and WHEREAS, the GMA pursuant to RCW 36.70A.390 provides that the City Council may adopt an interim zoning ordinance and interim official control in addition to authorization under RCW 35A.63.220; and WHEREAS, on September 11th, 2019 at a regularly scheduled City Council meeting, the City Council declared an emergency and adopted immediate interim regulations by unanimous passage of Ordinance 3790 regulating limited temporary homeless encampments and development permits thereto, or any land use activity or licensing involving limited temporary homeless encampments providing for regulations and siting for such uses adopting findings of fact and directing that City staff schedule public hearings as required by law within 60 days of the commencement of the ordinance; and WHEREAS, Pursuant to RCW 36.70A.390 and/or RCW 35A.63.220, the City Council may renew or continue the interim control placed into effect through Ordinance 3790 for one or more six-month periods or one year with adoption of a work plan so long as a subsequent public hearing is held within 60 days and findings of fact are made to justify its action; and WHEREAS, public notice of the City Council’s October 23rd, 2019 hearing was published in the Skagit Valley Herald’s classified section on October 16, 2019; and, WHEREAS, On October 23rd, 2019, the City held a public hearing regarding the continuation of the interim controls established by Ordinance 3790. NOW THEREFORE THE CITY COUNCIL OF THE CITY OF MOUNT VERNON, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION 1. Findings. That the City Council adopts the recitals set forth above as additional findings of fact justifying adoption of this Ordinance and reaffirms its adoption of findings in Ordinance 3790 enacting the interim and official controls and incorporates those findings (including their recitals) as if set forth fully herein. The Council may adopt additional findings in the event that additional public hearings are held or evidence presented to the City Council. The City Council makes the following additional findings in support of the adoption of this Ordinance and Ordinance 3790: Ordinance xxxx Page 1 of 3 1. RCW 35A.63.220 and RCW 36.70A.390 authorize cities to adopt interim zoning and interim official controls to preserve the public safety, health, welfare, economic vitality and continued economic growth of the City while new plans and regulations are considered and prepared and to hold a public hearing within 60 days of the commencement of the interim zoning and interim official controls. The City has adopted such an emergency ordinance on September 11th, 2019 by adoption of Ordinance 3790 and held a public hearing on the day of its adoption and also a public hearing regarding its continuance within 60 days on October 23rd, 2019 at a regularly scheduled hearing; and 2. After hearing all public testimony, reviewing staff reports, the City’s Comprehensive Plan and the legislative record in its entirety the City Council ratifies and re-adopts all findings of fact previously adopted within Ordinance 3790 in their entirety (including recitals therein) justifying that: i) an emergency exists and ii) the continuance of interim controls regulating limited temporary homeless encampments is justified until the City can fully study the issue and that permanent development regulations be adopted through the City’s normal process; and 3. That without the continuance of Ordinance 3790, there is great potential that unregulated limited temporary homeless encampments and uses could be sited or allowed to operate in an unregulated manner resulting in well recognized adverse direct and secondary impacts including but not limited to negative impacts to: noise, light pollution, sanitation; traffic, crime, violence, transportation levels of service, litter, risk of fire, risk to vulnerable classes of persons such as children, and parking, and 4. As set forth in its findings adopted in Ordinance 3790 which are hereby incorporated in this Ordinance, the City Council affirms that pending completion of permanent development regulations pertaining to limited temporary homeless encampments and the adoption of permanent zoning and permitting regulations, that limited temporary homeless encampments without further regulation will cause to direct, secondary, and cumulative negative impacts in the community; and 5. That an emergency exists within the City, and that continuing Ordinance 3790 is necessary for the immediate preservation of the public peace, health, safety, welfare, economic vitality and continued economic growth of the City until additional review has been completed and any necessary code revisions have been adopted by the City Council and is a legitimate exercise of the City’s police power. SECTION TWO. That the City Council hereby ratifies, continues and renews the interim controls, zoning and regulation in their entirety adopted through Ordinance 3790 and all attachments without further revisions and that such shall be effective for a six month period of time (unless renewed or extended subsequent to an additional public hearing as required by law) or when the City's comprehensive review and possible amendment/adoption of regulations have been completed repealing the interim regulations and controls, whichever is sooner. The City Council shall make this decision to terminate the interim controls and regulations by ordinance, and termination shall not otherwise be presumed to have occurred. The City shall hold all necessary public hearings and adopt new findings as required under RCW 35A.63.220 and RCW 36.70A.390 if necessary and justified to continue the imposition of Ordinance 3790 until the City’s review has been completed. SECTION THREE. This ordinance shall take effect immediately upon passage by the City Council. SECTION FOUR. If any section, sentence, clause, or phrase of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause, or phrase of this ordinance. PASSED AND ADOPTED by the City Council of the City of Mount Vernon at a regular meeting thereof this 23rd day of October, 2019. Ordinance xxxx Page 2 of 3 SIGNED AND APPROVED this _____day of October, 2019. ______________________________ DougVolesky, Finance Director ______________________________ Jill Boudreau, Mayor Approved as to form: ___________________________________ Kevin Rogerson, City Attorney Published _________________________ Ordinance xxxx Page 3 of 3