City Council

CITY OF MOUNT VERNON CITY COUNCIL MEETING AGENDA September 9, 2020 6:00 p.m. (Virtual Meeting) The Mount Vernon City Councilmembers will be participating in this meeting via video/teleconference technology. To virtually attend the meeting, the public may: 1. Call the conference line: 1-888-924-9240; Access Code: 3366211 (please ‘mute’ your phone, if possible, to minimize distractions) 2. Watch the meeting live on TV10: Comcast/Xfinity Channel 10 3. Watch the meeting live, online: https://www.youtube.com/channel/UCUob_hcQUmd4S93YkletdrA I. OPENING CEREMONIES A. Call to Order B. Roll Call of Councilmembers II. CONSENT AGENDA A. Approval of March 11, 2020 Public Works/Library Committee Minutes B. Approval of August 26, 2020 Regular Council Meeting Minutes C. Approval of September 4, 2020 payroll checks numbered 110233- 110260, direct deposit checks numbered 78488 – 78706 and wire transfers numbered 889 – 893 in the amount of $906,304.36 D. Approval of September 9, 2020 Claims numbered 10253 – 10257, 10272 and 10279 – 10401 in the amount of $787,254.45 III. REPORTS A. Review of Emails from the Public (All public comments must be sent via email to council@mountvernonwa.gov. The comments will be read aloud into the record during the public comment portion of the agenda. All comments must be received by 5 p.m. on Wednesday, September 9, 2020) B. Public Works Update  Maddox Creek Culvert Removal Project  Washington Conservation Corp  2020 Street Improvements  2020 Curb Ramp Improvements  N. 19th Street Stream Rehabilitation  Kulshan Trail Safety Lighting  WWTP Admin Building Update C. Library Update  Library Improvements  Programming  Library Operations D. Councilmember Comments E. Mayor’s Report Mount Vernon City Council Agenda September 9, 2020 page 2 IV. NEW BUSINESS A. Public Hearing – Adoption of Interim Regulations to Extend Expiration Timelines for Permits and Approvals Subject to MVMC Chapter 14.05 (This is a public hearing to allow testimony regarding an extension to permit expiration timelines due to the COVID-19 Pandemic. In July of 2020 City Council adopted interim regulations to extend the timeframe within which permits would otherwise expire due to the COVID-19 pandemic. This is the required public hearing that must be held after adoption of interim regulations. To comment on this item please contact the Development Services Department at PermitTech@mountvernonwa.gov no later than 5 PM on Wednesday, September 9, 2020 to receive instructions on how to virtually participate.) (required action – ordinance) (staff contact – Rebecca Bradley) B. Donation of Art Sculptures (Staff is requesting that Council accept the donation of three art sculptures and authorize the Mayor to sign Artist Agreements.) (required action – motion) (staff contact – Jennifer Berner) C. 2020 General Fund Budget Amendment (Staff is requesting that Council approve an ordinance to amend the 2020 General Fund budget to account for Coronavirus Relief Funds and CARES reimbursements, HB 1406 affordable and supportive housing funding, and funding from the Ground Emergency Medical Transportation {GEMT} program.) (required action – ordinance) (staff contact – Doug Volesky) D. For the Good of the Order:  COVID-19 pandemic response and discussion  Allocation of additional CARES funding COMMITTEE MEETINGS Public Works and Library Cancelled Next Ordinance 3809 Next Resolution 982  AGENDA ITEM: A DATE: September 9, 2020 TO: Mayor Boudreau and City Council FROM: Rebecca Lowell, Development Services SUBJECT: PUBLIC HEARING ON INTERIM REGULATIONS TO EXTEND PERMIT EXPIRATION TIMEFRAMES DUE TO THE COVID-19 PANDEMIC RECOMMENDED ACTION: Council hold a public hearing to declare an emergency and approve the interim regulations accompanying this memo that allow additional time before permits and approvals would otherwise expire. INTRODUCTION/BACKGROUND: As a result of the COVID-19 pandemic on February 20, 2020 the Governor issued a State of Emergency for all counties in the State. Similarily, on March 11, 2020 Mayor Boudreau issued a Proclamation of Civil Emergency for Mount Vernon. Through no fault of their own, applicants have had their development projects delayed primarily due to precautions put in place by the Governor to decrease the spread of COVID-19. Council adopted Ordinance 3805 and State law requires a public hearing be held following adoption of interim regulations. FINDINGS/CONCLUSIONS: To support developments and investements the City finds it prudent and necessary to extend the timeframes within which permits and approvals would otherwise expire. RECOMMENDATION: Approval of the accompanying Ordinance. ATTACHED: Proposed Ordinance for Council 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 3805 PURSUANT TO RCW 35A.63.220 AND RCW 36.70A.390; RELATING TO EXTENSION OF TIMELINES ASSOCIATED WITH PERMITS AND APPROVALS; 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 July 8, 2020 at a regularly scheduled City Council meeting, the City Council declared an emergency and adopted immediate interim regulations by unanimous passage of Ordinance 3805 regulating to extension of timeless associated with permits and approvals regulated under Chapters 14.05, 15.04, 16.08, 16.32 and 16.40 MVMC due to the COVID-19 pandemic, providing for regulations, 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 3805 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 September 9, 2020 hearing was published in the Skagit Valley Herald’s classified section on September 4, 2020; and, WHEREAS, on September 9, 2020, the City held a public hearing regarding the continuation of the interim controls established by Ordinance 3805; and 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 3805 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 3805: Ordinance 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 July 8, 2020 by adoption of Ordinance 3805 and held a public hearing on the day of its adoption and also a public hearing regarding its continuance within 60 days on September 9, 2020 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 3805 in their entirety (including recitals therein) justifying that: i) an emergency exists and ii) the continuance of interim controls allowing for extensions of time to keep identified permits from expiring 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 an emergency exists within the City, and that continuing Ordinance 3805 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 3805 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 3805 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. Ordinance Page 2 of 3 PASSED AND ADOPTED by the City Council of the City of Mount Vernon at a regular meeting thereof this 9th day of September, 2020 SIGNED AND APPROVED this _____day of September, 2020 ______________________________ DougVolesky, Finance Director ______________________________ Jill Boudreau, Mayor Approved as to form: ___________________________________ Kevin Rogerson, City Attorney Published _________________________ Ordinance Page 3 of 3 AGENDA ITEM: B  AGENDA ITEM: C DATE: September 9, 2020 TO: Mayor Boudreau and City Council FROM: Doug Volesky, Finance Director SUBJECT: 2020 GENERAL FUND BUDGET AMENDMENT RECOMMENDED ACTION: City staff is requesting Council to approve an ordinance to amend the 2020 General Fund budget to account for Coronavirus Relief Funds and CARES reimbursements, SHB 1406 affordable and supportive housing funding, and funding from the GEMT Program. INTRODUCTION/BACKGROUND: Through the Coronavirus Relief Fund (CRF), the CARES Act provides for payments to State, Local and Tribal governments navigating the impact of the COVID-19 outbreak. The Treasury will make payments from the Fund, thru grants from the Washington State Department of Commerce, to local governments. The City of Mount Vernon was awarded $1,072,200 through the CRF and signed a contract on June 22, 2020 with the Washington State Department of Commerce for the reimbursement of these funds for qualifying COVID-19 related expenses. The City presented a spending plan to Council on August 26, 2020 for these funds and Council approved. Substitute House Bill 1406 allows local jurisdictions to impose a local state-shared sales and use tax to fund affordable or supportive housing. The consumer does not pay this tax, and the effective sales tax rate remains the same. Instead, this tax is credited against the 6.5% state sales tax. Council adopted legislation to authorize the tax on June 10, 2020. The DOR has calculated the maximum capacity of $65,029.18. Once the maximum award amount has been reached, the tax shall cease to be distributed for the remainder of the fiscal year. The tax became effective August 1, 2020. The Ground Emergency Medical Transportation (GEMT) program was passed during the 2015-16 legislative session. The GEMT program provides supplemental payments to publicly owned or operated qualified GEMT providers. The supplemental payments cover the funding gap between a provider’s actual costs per GEMT transport and the allowable amount received from Washington Apple Health (Medicaid) and any other sources of reimbursement. The City of Mount Vernon received $897,754.42 this year (2020) for this program for the months of July 2018 thru June 2019. FINDINGS/CONCLUSIONS: These revenues received in 2020 where not included in the 2020 General Fund budget and the City is requesting to amend the 2020 General Fund budget by increasing the revenues and expenditure appropriations as follows: - $1,072,200.00 for the Coronavirus Relief Funds to request reimbursement for the Council approved spending plan of COVID-19 related expenditures. - $65,029.18 for SHB 1406 Funds to be used for emergency eviction protection and affordable and supportive housing working with Skagit County and Catholic Housing Services. - $897,754.42 for GEMT Funds to be included in the 2020 General Fund. RECOMMENDATION: City staff recommends Council approve the ordinance for the 2020 General Fund budget amendment. ATTACHED: Ordinance  ORDINANCE NO. XXXX AN ORDINANCE OF THE CITY OF MOUNT VERNON, WASHINGTON, AMENDING THE 2020 CITY BUDGET WHEREAS, the Mount Vernon City Council adopted the 2020 annual budget on November 20th, 2019 pursuant to Ordinance No. 3796; and WHEREAS, as a result of the 2020 COVID-19 pandemic response, the federal government passed H.R. 748, the CARES Act on March 27, 2020; and WHEREAS, the City of Mount Vernon entered into a contract with Washington State Department of Commerce Local Government Division on June 22nd, 2020 awarding the City of Mount Vernon CARES funding in the amount of $1,072,200; and WHEREAS, the legislature passed SHB 1406 encouraging investments in affordable and supportive housing; and WHEREAS, the Mount Vernon City Council approved Ordinance 3804 that authorized the collection of tax for SHB 1406 in the maximum amount of $65,029.18 on June 10th, 2020; and WHEREAS, the City of Mount Vernon has received $897,754.42 from the Washington State Ground Emergency Medical Transportation (GEMT) program funds in 2020; and WHEREAS, these costs or revenues were not included in the 2020 adopted budget, a re-appropriation budget amendment is necessary to accommodate the costs and revenues that will be incurred in 2020; and WHEREAS, all listed funds have available funds for the projects. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF MOUNT VERNON, WASHINGTON, DOES ORDAIN AS FOLLOWS: Section 1. In accordance with RCW 35A.33.120 (2), the 2020 budget for the City of Mount Vernon, Washington, is hereby increased as follows: A. The General Fund budgeted expenditures and revenue appropriations shall be increased by the CARES funds in the amount of $1,072,200. B. The General Fund budgeted expenditures and revenue appropriations shall be increased by the SHB 1406 funds in the amount of $65,029.18.  C. The General Fund budgeted expenditures and revenue appropriations shall be increased by the GEMT funds in the amount of $897,754.42. Section 2. Effective Date. This ordinance shall take effect and be in full force five (5) days after publication of a summary of this ordinance. PASSED AND ADOPTED this 9th day of September, 2020. _____________________________________ Doug Volesky, Finance Director SIGNED AND APPROVED this ____ day of September, 2020. _____________________________________ Jill Boudreau, Mayor Approved as to form: ____________________________ Kevin Rogerson, City Attorney Published: _______________________