City Council

CITY OF MOUNT VERNON CITY COUNCIL MEETING AGENDA September 27, 2023, 7:00 p.m. Police Court Campus, 1805 Continental Place To virtually attend the meeting, the public may: 1. Watch the meeting live on TV10: Comcast/Xfinity Channel 10 2. Watch the meeting live, online: https://www.youtube.com/channel/UCUob_hcQUmd4S93YkletdrA I. OPENING CEREMONIES A. Call to Order B. Pledge of Allegiance C. Roll Call of Councilmembers II. COMMUNITY COMMENTS 1. Review of Emails from the Public (Public comments may be sent via email to communitycomments@mountvernonwa.gov. The comments will be read aloud into the record during the public comment portion of the agenda. Please limit your comments to be read in three minutes or less. Email comments must be received by 4 p.m. on September 27, 2023.) 2. Public Comments (This is an opportunity for Mount Vernon residents to address their City Council. Please limit comments to three 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. If you are unable to attend the meeting and would like to make your comments via Zoom, please submit a request to speak via email to communitycomments@mountvernonwa.gov or by telephone at 360-419-3253. Requests must be received by 4 p.m. on September 27, 2023.) III. CONSENT AGENDA A. Approval of September 13, 2023, Regular Council Meeting Minutes. B. Approval of September 20, 2023, payroll checks numbered 112209 - 112222, direct deposit checks numbered 96157 - 96421, and wire transfers numbered 1255 – 1259 in the amount of $1,476,247.76. C. Approval of September 27, 2023, Claims numbered 23000 - 23195 in the amount of $3,439,871.07. Mount Vernon City Council Agenda September 27, 2023 Page 2 of 3 IV. REPORTS A. Committees 1. Finance & Parks and Enrichment Services 2. Development Services B. Councilmember Comments C. Committee Agenda Requests V. UNFINISHED BUSINESS None VI. NEW BUSINESS A. Public Hearing – Repealing MVMC 2.61 (Design Review Board) and Amending MVMC 14.05 (Procedures) and 17.70 (Design Review) to Implement Revised Design Review Process, CA23-0198 (This is a public hearing and request to adopt Ordinance 3873 repealing the Design Review Board and amending MVMC 14.05 and 17.70 to implement the revised Design Review process.) (required action – ordinance) (staff contact – Stacie Pratschner) B. Public Hearing – Continuation of a Nonconforming Use and Setback and Parking Variances, PLAN23-0214 & PLAN 23-0215 (This is a closed record public hearing and request to adopt Resolution 1043 authorizing continuation of a nonconforming use and setback and parking variances at 314 E Section Street, PLAN23-0214 & PLAN 23-0215.) (required action – resolution) (staff contact – Marianne Manville-Ailles) C. Public Hearing – Amendments MVMC 17.102 (Nonconforming Buildings or Uses) 14.50 (Procedures) and 14.15 (Fees), CA23-0197 (This is a public hearing and request to adopt Ordinance 3874 for amendments to MVMC 17.102 to include provisions for less complex projects to be administratively approved; to change the non-administratively approved permits from a Type IV to a Type III permit process under Chapter 14.05 MVMC; and to amend the fees associated with the revised permits.) (required action – ordinance) (staff contact – Marianne Manville-Ailles) D. Approval of Street Closure Request – Mount Vernon Downtown Association (MVDA) (Staff is requesting approval of two street closure requests from the MVDA for the 2023 Downtown Trick or Treating event and the 2023 Downtown Holiday Parade & Tree Lighting event.) (required action – none) (staff contact – Jennifer Berner) E. Approval of Agreement – Silver Arrow Bowmen Club (Staff is requesting approval of an agreement with the Silver Arrow Bowmen Club to provide archery course and activities to the community.) (required action – motion) (staff contact – Jennifer Berner) Mount Vernon City Council Agenda September 27, 2023 Page 3 of 3 F. RCO Parks Maintenance Grant Application (Staff is requesting Council adopt Resolution 1044 approving the RCO Parks Deferred Maintenance Grant resolution and authorizing the Parks and Enrichment Services Director and the Mayor to execute an agreement process if the grant is awarded.) (required action – resolution) (staff contact – Jennifer Berner) G. Approval of Agreement – King Technologies, PLLC (Staff is requesting approval of an agreement with King Technologies, PLLC to finalize the development of the Mount Vernon ADA Transition Plan.) (required action – motion) (staff contact – William Bullock) COMMITTEE MEETINGS Finance and Parks & Enrichment Services 6:00 p.m. Next Ordinance 3873 Next Resolution 1043  AGENDA ITEM: A DATE: September 27, 2023 TO: Mayor Boudreau and City Council FROM: Stacie Pratschner, Development Services Director SUBJECT: PUBLIC HEARING ON REPEALING MVMC CHAPTER 2.61 (DESIGN REVIEW BOARD) AND AMMENDING MVMC 14.05 (PROCEDURES) AND 17.70 (DESIGN REVIEW) TO IMPLEMENT REVISED DESIGN REVIEW PROCESS RECOMMENDED ACTION: The Development Services Department (“DS” or “the Department” respectfully recommends that the City Council consider completing the following actions at its regular meeting scheduled for September 27, 2023: (1) Pursuant to Mount Vernon Municipal Code (MVMC) 14.05.050.B.6., hold an open-record hearing to accept public testimony and deliberate on the recommendation from the Planning Commission concerning revisions to the City’s Design Review process; and (2) At the Council’s pleasure, consider approving; denying; modifying; or, referring back to the Planning Commission the proposed edits to Chapters 2.61; 14.05; and, 17.70 of the MVMC. INTRODUCTION/BACKGROUND: On April 12, 2023, the City Council approved Resoution 1031, and directed the Department and the Planning Commission to work on changes to the City’s design review process; code; and, requirements (Attachment 1). On August 15, 2023, the Planning Commission held a duly-noticed public hearing to accept testimony on the proposal to eliminate the Design Review Board and facilitate design review administratively (and in some cases, quasi-judicially) (Attachment 2). They Planning Commission voted 5-0-2-0 to recommend that the City Council not adopt the proposed changes as described in Attachment 2. 9/21 Page 1 of 22 The following bullet points synopsize the proposed changes to the MVMC: • Chapter 2.61 of the MVMC, Design Review Board (“the DRB”): Propose to repeal in its entirety. • Chapter 14.05 of the MVMC, Procedures: Based on the repeal of Chapter 2.61 of the MVMC, eliminate references to the DRB. Authorize administrative and quasi-judicial approval. • Chapter 17.70 of the MVMC, Design Review: Eliminate references to the DRB; standardize use of the terms “waiver” and “modification”; and, provide clarity on the revision process. Attachment 2 includes the proposed code amendments in Ordinance form. Changes identified with red underlined font are proposed to be added to the existing code, and changes identified with red strikethrough font are proposed to be deleted from the existing code. Text that is not red is existing code that is not proposed to be amended. FINDINGS/CONCLUSIONS: The Department affirms that the proposed code updates have met the legal, procedural, and factual requirements in both State and local code for processing amendments, including the following: • The Department of Commerce granted expedited review under Submittal ID: 2023-S-6211. • The final SEPA Detrmination was issued on July 28, 2023 and the appeal period tolled August 21,2023; no appeals were filed. • Notice of Public Hearings issued and published on July 28, 2023. RECOMMENDATION: At the Council’s pleasure, consider approving; denying; modifying; or, referring back to the Planning Commission the proposed edits to Chapters 2.61; 14.05; and, 17.70 of the MVMC. ATTACHED: Resolution 103 Draft ORD Amending the Design Review Process 9/21 Page 2 of 22  AGENDA ITEM: B DATE: April 12, 2023 TO: Mayor Boudreau and City Council FROM: Marianne Manville-Ailles, Development Services SUBJECT: PLAN23-0214 & PLAN 23-0215 SPECIAL PERMISSION TO ALLOW CONTUNUATION OF NON-CONFORMING STRUCUTURE AND RELATED VARIANCES FOR PARKING AND SETBACKS 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 to approve the request to continue the nonconforming single-family use in the multifamily zone on a lot that does not meet required lot size for. Further staff recommends approval or the four requested variances for parking and setbacks that would allow the single-family home to be replaced. INTRODUCTION/BACKGROUND: The request is to replace a single family home that was substantially damaged by a fire. The now- damaged single-family home is located in a multifamily zone (R-3) where single-family uses are not allowed. Additionally, the 3,017 square foot lot is smaller than the required minimum lot size. The home was built prior to the adoption of the zoning code and is considered a non-conforming use. Alteration to a nonconforming use is only allowed through the special permission process (MVMC Chapter 17.102). This process allows the City Council (upon recommendation by the Hearing Examiner) to grant special permission to continue an existing non-conforming use so long as certain criteria are met. In addition, the applicant is requesting four variances from setbacks and parking required to allow the single-family home to be replaced. The requests would allow for reduced side setbacks(MVMC 17.24); a reduction in the number of required parking spaces and to allow all of the parking spaces to be unenclosed(MVMC17.84040(A) and 17.15.100); to allow the parking to be located in the front of the dwelling (in multifamily zones parking is not allow in the front yard MVMC 17.84.020(D)); and to allow the amount of front yard that acts as parking to exceed what is allowed (MVMC8.08.050(B). The attached staff report includes more details regarding the specifics of the requested variances. The proposal property has an address of 314 E Section Street, and its parcel number is P54841. FINDINGS/CONCLUSIONS: On August 31, 2023, an open record hearing was held before the Hearing Examiner. The Examiner recommended approval of the application in a report dated 15 September 2023. There were no parties of record besides the applicant so there was no request for reconsideration of the Examiner’s Decision. 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 the City Council move to adopt a resolution to approve the request to continue the nonconforming single-family use in the multifamily zone on a lot that does not meet required lot size for. Further staff recommends approval or the four requested variances for parking and setbacks that would allow the single-family home to be replaced. ATTACHED: • Proposed Resolution • Hearing Examiner Recommendation • Staff Report and its associated Exhibits  AGENDA ITEM: C DATE: September 27, 2023 TO: Mayor Boudreau and City Council FROM: Marianne Manville-Ailles SUBJECT: PUBLIC HEARING ON AMENDMENTS TO MVMC CHAPTERS 17.102 (NONCONFORMING BUILDIGS OR USES) 14.05 (PROCEDURES) AND 14.15 (FEES) RECOMMENDED ACTION: Recommend that Council hold a public hearing and consider the Planning Commission recommendation to adopt the attached ordincance. INTRODUCTION/BACKGROUND: Attached to this memo is a copy of the proposed code amendments in Ordinance form. Please remember when reviewing this ordinance that changes identified with red underlined font are proposed to be added to the existing code and changes identified with red strikethrough font are proposed to be deleted from the existing code. Text that is not red is existing code that is not proposed to be amended. The proposed amendments are brought forward for the following reasons: 1. MVMC 17.102, Nonconforming Buildings and Uses: The current zoning code (Chapter 17.102 MVMC) does not have a way to distinguish between easier and more complex projects that would expand, enlarge, or construct an existing non-conforming building or use. All of these types of projects are classified as Type IV processes requiring an open record public hearing before the Hearing Examiner who makes recommendations to the City Council; and a closed record public hearing before the City Council who makes the final decision. Type IV process can be expensive and time consuming for Applicants. The primary goal of the proposed code amendments is to create a process that includes options for less complex projects that results in quicker and less expensive permits. Specifically, the amendments: A. Revise the code to include an administrative Type II process for the most common and least complex projects. As recommended by Planning Commission during a previous study session the notification for this permit would be limited to properties that are adjacent and abutting the subject property. B. Revise the code to process the more complex projects as Type III processes. Type III processes require an open record public hearing before the Hearing Examiner who makes the final decision. This would eliminate City Council approval for these types of permits. 2. MVMC 14.05, Procedures: A number of procedural amendments are required to implement the previously discussed code changes. Specifically, the type of permit is changed in the permit classification table and the Type II nonconforming alteration permits are included in the mailing notice to adjacent and abutting property owners. FINDINGS/CONCLUSIONS: • The Department of Commerce granted expedited review under Submittal IDs: 2023-S-6211. • The final SEPA Detrmination was issued on July 28, 2023 and the appeal period tolled August 21,2023; no appeals were filed. • Notice of Public Hearings issued and published on July 28, 2023. RECOMMENDATION: Council hold a public hearing and consider the Planning Commission recommendation to adopt the attached ordincance. ATTACHED: • Proposed Ordinance • Procedural Documents AGENDA ITEM: D AGENDA ITEM: E  AGENDA ITEM: F DATE: September 27, 2023 TO: Mayor Boudreau and City Council FROM: Jennifer Berner, Parks & Enrichment Services Director SUBJECT: RCO DEFERRED MAINTENANCE GRANT RESOLUTION RECOMMENDED ACTION: Staff recommends that Council make a motion to authorize the Mayor to sign the accompanying Resolution. INTRODUCTION/BACKGROUND: The Recreation Conservation Office created a new parks maintenance grant program with the focus being deferred maintenance. The program focuses on helping communities in need address maintenance backlogs at local parks. Applicants are not required to provide matching resources. Grant limits are a minimum of $50,000 with a maximum of $100,000. Successful applicants will be awarded in late Fall 2023 and all projects must be completed by June 30, 2024. Mount Vernon’s total grant request is for $99,300. The following projects were selected to fit within the qualifying factors of deferred maintenance; repainting restrooms and picnic shelters, repair the two motorized gates at Hillcrest and Bakerview, Re-powder coat trash cans and picnic tables, replace 2 picnic shelter roofs at Hillcrest, Restripe basketball courts, repair damaged ramps at the skate park, resurface the tennis/pickleball court at Hillcrest. The attached Resolution informs RCO the City will comply with all the rules of the grant and authorizes the Parks and Enrichment Services Director and the Mayor to pursue the grant. FINDINGS/CONCLUSIONS: None RECOMMENDATION: Staff is requesting Council to approve the Recreation Conservation Office (RCO) Deferred Maintenance Grant Resolution and authorize the listed individuals to pursue the RCO grant identified. ATTACHED: Proposed Resolution for RCO Deferred Park Maintenance Resolution  AGENDA ITEM: G DATE: September 27, 2023 TO: Mayor Boudreau and City Council FROM: William Bullock, PE – City Engineer SUBJECT: CONTRACT FOR PROFESSIONAL SERVICES WITH KING TECHNOLOGIES: MOUNT VERNON ADA TRANSITION PLAN DEVELOPMENT RECOMMENDED ACTION: Staff is requesting approval of a Professional Services Agreement with King Technologies PLLC to finalize the development of the Mount Vernon ADA Transition Plan. INTRODUCTION/BACKGROUND: The City is required to adopt an ADA Transition Plan as part of meeting federally mandated ADA requirements. This plan inventories and evaluates the condition of the ADA facilities associated with our transportation network and prioritizes corrective actions where deficiencies may exist. The only has a transition plan in draft form. The City currently follows the federal ADA requirements as part of standard practice in maintenance, transportation project development, transportation planning, development review, and other related activities. An adopted ADA Transition Plan codifies the City’s current and future practices in planning, maintenance, project construction, and corrective action/response. FINDINGS/CONCLUSIONS: Al King is the principal of King Technologies his firm is highly experienced in developing ADA Transitions plans for small and medium size jurisdictions throughout Washington. Al has developed his understanding and expertise through a30 year career working for WSDOT, County Road Administration Board, and local agencies, The scope of work for finalizing the ADA Transition Plan is not to exceed $47,000. RECOMMENDATION: Motion to approve authorization for the Mayor to execute a contract with King Technologies PLLC to finalize the development of the Mount Vernon ADA Transition Plan in an amount not to exceed $47,000. ATTACHED: 1. Contract, Scope and Fee