City Council

CITY OF MOUNT VERNON CITY COUNCIL MEETING AGENDA July 14, 2021, 7:00 p.m. Police Court Campus (Masks and required for unvaccinated guests) 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. Pledge of Allegiance C. Roll Call of Councilmembers II. CONSENT AGENDA A. Approval of June 23, 2021 Regular Council Meeting Minutes B. Approval of July 2, 2021 payroll checks numbered 110811 - 110837, direct deposit checks numbers 82956 - 83187, and wire transfers numbered 990 -994 in the amount of $1,139,207.06 C. Approval of July 14, 2021 Claims numbered 14350 – 14353, 14363 and 14365 - 14535 in the amount of $1,686,409.10 D. Approval of agreement with the United States Department of the Treasury E. Approval of property transfer with Thurston County III. REPORTS A. Committees 1. Development Services 2. Public Works and Library B. Community Comments C. Councilmember Comments D. Mayor’s Report E. Committee Agenda Requests IV. UNFINISHED BUSINESS None Mount Vernon City Council Agenda July 14, 2021, Page 2 of 3 V. NEW BUSINESS A. Public Hearing – Concurrency Exemption, Cedardale Road, ENGR21-0148 (This is a public hearing to allow testimony regarding the Concurrency Exemption Request for the otherwise required transportation improvements for Cedardale Road at the roundabout with Anderson Road.) (required action – resolution) (staff contact – Marianne Manville-Allies) B. Public Hearing – Concurrency Exemption, MV28, LLC, ENGR20-0316 (This is a public hearing to allow testimony regarding the Concurrency Exemption Request for the otherwise required transportation improvements for the MV28, LLC. RV Resort – Riverbend Road frontage) (required action – resolution) (staff contact – Marianne Manville-Allies) C. Approval of Master Plan, Skagit Valley College, PLAN20-0473 (Staff is requesting approval of an update to the Master Plan for Skagit Valley College to identify concurrent and future entitlements over the next fifteen years and plan for the replacement or renovation of buildings on the Mount Vernon campus that have limited remaining life.) (required action – resolution) (staff contact – Marianne Manville-Allies) D. Bid Award – Freeway Drive Improvements Project (Cameron Way – College Way) (Staff is requesting approval an agreement with SRV Construction, Inc. for the construction of the Freeway Drive Improvements Project) (required action – motion) (staff contact – William Bullock) E. Approval of Sole Source Purchase (Staff is requesting approval of a sole source purchase of a backpressure control valve and drive shaft assembly for the Dissolved Air Floatation Thickener facility at the Wastewater Treatment Plant.) (required action – resolution) (staff contact – Bill Bullock) F. Approval of Agreement with Washington Conservation Corp (Staff is requesting approval of an agreement with the Department of Ecology, Washington Conservation Corp for vegetation maintenance of drainage facilities.) (required action – motion) (staff contact – Blaine Chesterfield) G. Approval of Agreement with Nookachamps, LLC. (Staff is requesting approval of an agreement with Nookachamps, LLC. Consenting to the assignment of rights and obligations, under an existing agreement, to RES-RLH West Coast, LLC.) (required action – motion) (staff contact – Kevin Rogerson) COMMITTEE MEETINGS Public Works and Library Committee 6:00 p.m. Mount Vernon City Council Agenda July 14, 2021, Page 3 of 3 Next Ordinance 3834 Next Resolution 996  AGENDA ITEM: A DATE: July 14, 2021 TO: Mayor Boudreau and City Council FROM: Marianne Manville-Ailles, Development Services SUBJECT: PUBLIC HEARING CONCURRENCY EXEMPTION, 1220 ANDERSON ROAD, ENGR21-0148 RECOMMENDED ACTION: Staff recommends that Council make a motion to authorize the Mayor to sign the accompanying Resolution approving a waiver to otherwise required transportation concurrency improvements for the subject development. INTRODUCTION/BACKGROUND: The City is processing a project that will result in the construction of a new 2-story building to be attached to the existing Dimensional Communications building. The easterly 40 feet of the lowest floor of the new structure will be a drive-through breeze way having a 14-foot vertical clearance. The remaining portion of the first floor will support an 8,862 SF manufacturing and warehouse area. The second-floor level will provide for 6,610 SF as office and manufacturing area. The project is located at 1220 Anderson Road. The Skagit County Assessor designates it as parcel numbers P128692 and P29512. The property is a portion of the NE ¼ of the NW ¼ of Section 3, Township 34, Range 4, W.M. Please see the following vicinity map that identifies the approximate site boundaries with red dashed lines. Approximate Project Site A summary of the permit process for the subject project is outlined below: • April 20, 2021, Traffic Concurrency permit submitted. • May 11, 2021 : application determined to be counter complete. • May 11, 2021: Applications determined to be technically complete. • May 14, 2021: Received Concurrency Report from TSI (Copy attached) • June 28, 2021: Concurrency Determination issued. • June 28, 2021: Notice of Public Hearing—City Council exemption from transportation improvements. The City’s traffic concurrency regulations contain the following exemption that allows City Council to grant an exemption from all (or any portions) of otherwise required transportation improvements when the Council finds that a development provides overriding public benefits: “The city council may grant a development an exemption from all or any portions of the concurrency LOS requirements upon adopting a finding that the development proposal provides overriding public benefits [MVMC 14.10.060(B)]”. FINDINGS/CONCLUSIONS: Without a waiver from Council this development would be required to construct a paved shoulder or sidewalk to accommodate pedestrains along the Cedardale Road frontage through the roundabout to connect the existing sidewalk on Anderson Road. The proposal includes a short plat lot that was the subject of a previous council action in 2010. Resolution 818 (copy attached) included specific provisions for improvements that were required for both Anderson Road and Cedardale Road. When the City constructed the roundabout at the intersection of Anderson Road and Cedardale Road, the required improvements to Anderson Road were made. At Cedardale instead of the required “14 foot wide lane and 8 foot wide asphalt path” the City constructed the roundabout with a 1-2 foot wide paved shoulder. The design and construction of the roundabout did not anticipate the addition of a pedestrian path. The Short Plat received final plat approval in 2020 with no additional improvements to the roundabout. The subject development will be creating 11 PM peak hour trips. The traffic impact fees the Applicant will be required to pay would be $12,518.00 if paid in 2021. Traffic impact fees are subject to an inflationary increase every year; which means if the Applicant pays these fees in 2022 or later, they will be slightly higher. Attached is the Transportation Concurrency Review for this project that contains the complete code analysis for the subject project and other relevant details. RECOMMENDATION: Council move to authorize the Mayor to sign the accompanying Resolution that would: • Exempt the Applicant from having to a paved shoulder or sidewalk along the Cedardale Road frontage through the roundabout to connect the existing sidewalk on Anderson Road ATTACHED: • Proposed Resolution • Resolution 818 • Transportation Concurrency Report dated May 14, 2021.  AGENDA ITEM: B DATE: July 14, 2021 TO: Mayor Boudreau and City Council FROM: Marianne Manville-Ailles, Development Services SUBJECT: PUBLIC HEARING CONCURRENCY EXEMPTION, MV28 LLC RV RESORT, ENGR20-0316 RECOMMENDED ACTION: Staff recommends that Council make a motion to authorize the Mayor to sign the accompanying Resolution approving a waiver to otherwise required transportation concurrency improvements for the subject development. INTRODUCTION/BACKGROUND: The City is processing a project that will result in the construction of a 160 stall Recreational Vehicle (RV) Resort including; a welcome/reception area, clubhouse with pool, laundry and shower facilities; playground with splash pool; and picnic shelters on the below-described 19.48 acre site. Access to the site will be provided via an extension of College Way from Freeway Drive. The resort will be served by roughly 7,500 linear feet of 25-foot wide private roadway; 1,675 linear feet of PUD water; and 6,290 linear feet of sanitary sewer. Each stall will have water and sewer hookups. The project site is not yet addressed and is located just to the west of Lowes hardware store. It is described by the Skagit County Assessor as Parcel numbers P26279 and P26054, and is a portion of the west half of Section 18, Township 34, Range 4, W.M. Please see the following vicinity map that identifies the approximate site boundaries with red dashed lines. Approximate boundary of Project Site A summary of the permit process for the subject project is outlined below: • November 12, 2020: SEPA, Site Plan, CUP, Shoreline and Traffic Concurrency Permits submitted. • November 23, 2020: applications determined to be counter complete. • December 21, 2020: Applications determined to be technically complete. • March 17, 2021: Notice of Application and Optional MDNS Issued with a comment period that ended on April 1, 2021. • September 8, 2020: Final MDNS and Notice of Public Hearing Issued with a SEPA appeal period that tolled on September 17, 2020. • April 29, 2021: Hearing Examiner Public Hearing Site Plan and CUP. • May 12, 2021: Hearing Examiner Decision issued. • May 13, 2021: Site Plan and CUP approval issued—appeal period tolled on June 1, 2021. • June 25, 2021: Shoreline substantial development issued and sent to Department of Ecology (DOE). Appeal period expires 21 days from DOE receipt of documents. The City’s traffic concurrency regulations contain the following exemption that allows City Council to grant an exemption from all (or any portions) of otherwise required transportation improvements when the Council finds that a development provides overriding public benefits: “The city council may grant a development an exemption from all or any portions of the concurrency LOS requirements upon adopting a finding that the development proposal provides overriding public benefits [MVMC 14.10.060(B)]”. FINDINGS/CONCLUSIONS: Without a waiver from Council this development would be required to construct curb, gutter, sidewalk, and road widening (as per MVMC 14.10.080) of Riverbend Road from its intersection with Freeway Drive west +/- 1,400 linear feet to the City Limits. The proposal takes its access from College Way and is served by a looped interior roadway. Access from the proposal to Riverbend Road is for emergency access only. The Riverbend Road right of way is only +/- 30 feet wide with the toe of the dike within 2-5 feet of the pavement on the south side of the roadway. This makes it difficult to make the required frontage improvements without purchasing roughly 800 linear feet of right of way from the neighboring properties. The properties between the proposal and Freeway Drive on the north side are all developed and include Blade Chevrolet, a wrecking yard, and a church. None of these uses included frontage improvements as part of their development. The dike is located on the south side of the road. None of the uses between Freeway Drive and the city limits to the west generate foot traffic that would benefit from the frontage improvements. The subject development will be creating 43 PM peak hour trips (none of these trips are on Riverbend Road). The traffic impact fees the Applicant will be required to pay would be $48,375.00 if paid in 2021. Traffic impact fees are subject to a inflationary increase every year; which means if the Applicant pays these fees in 2022 or later they will be slightly higher. The subject development is located in an area of the City that is almost built out and is surrounded by a mix of uses ranging from intense commercial businesses to agricultural uses. Attached is the Transportation Concurrency Review for this project that contains the complete code analysis for the subject project and other relevant details. RECOMMENDATION: Council move to authorize the Mayor to sign the accompanying Resolution that would: • Exempt the Applicant from having to construct ¾ street improvements along Riverbend Road • Require the Applicant to comply with the remaining recommendations from the attached January 11, 2021 Concurrency Report. ATTACHED: • Proposed Resolution • Transportation Concurrency Report dated January 11, 2021  AGENDA ITEM: C DATE: July 14, 2021 TO: Mayor Boudreau and City Council FROM: Marianne Manville-Ailles, Development Services SUBJECT: MASTER PLAN APPROVAL, SKAGIT VALLEY COLLEGE, PLAN20-0473 RECOMMENDED ACTION: Staff recommends that Council make a motion to authorize the Mayor to sign the accompanying Resolution approving the Skagit Valley College Master Plan, File No. PLAN20-0473. INTRODUCTION/BACKGROUND: PROJECT DESCRIPTION: The proposal is to update the Master Plan for Skagit Valley College. The Plan functions as both an internal planning tool for the College and an external communication tool to inform the local community and State stakeholders. The specific purpose of this update is to identify the current and future building entitlements over the next 15 years and plan for the replacement or renovation of buildings on the Mount Vernon campus that have limited remaining life. This includes the following projects: • Consolidating Ford Hall, the Cole Library, and the Administration Annex into a 56,300 GSF Multipurpose Classroom and Library Building—Project A • Renovation of Roberts Hall (33,281 GSF)—Project B. • Replacement of the Diesel Building with a 55,000 GSF Trades Building—Project C. • Relocation of the 5,100 GSF Fire Fighter Training Tower—Project D. • Construction of the 6,300 GSF Fire Station—Project E. • Construction of a 24,700 GSF Pickleball Pavilion—Project F. • Construction of a 5,000 GSF Field Support Facility with restrooms, locker rooms, offices, and concessions to support the ball fields and replace the existing field house uses—Project G. • Construction of a 4,150 GSF Child Care Center—Project H. New and redeveloped infrastructure (utilities, parking lots, landscaping) will also be constructed or modified to support the identified projects as necessary. The proposal is for the entire Skagit Valley College Campus. The primary address for the College is 2405 E College Way. There are 20 tax parcels associated with the proposal. They include: P25895, P25896, P25682, P25685, P101588, P25063, P24958, P24951, P24954, P24949, P24962, P25059, P25057, P25040, P25055, P25052, P25012, P25010, P25008, and P25006. The bulk of the campus is located in the Northwest quarter of Section 16 Township 34 N Range 4 E W.M. Small portions extend into the Northeast quarter of the same Section and the Northeast quarter of Section 17 Township 34 N Range 4 E W.M. The site is identified within the vicinity map below. Skagit Valley College Master Plan, PLAN20-0473 Page 1 of 2  PROJECT SITE NORTH FINDINGS/CONCLUSIONS: This project has completed the required public process up to the closed record public hearing this evening. The Hearing Examiner recommended approval of the Master Plan in a recommendation that is included with this memo. The Hearing Examiner’s recommendation was sent to the applicant and parties of record with no requests for reconsideration of his recommendation. RECOMMENDATION: Council move to authorize the Mayor to sign the accompanying Resolution that will approve Skagit Valley College’s Master Plan with the conditions recommended the City’s Hearing Examiner. ATTACHED: • Proposed Resolution for Council Consideration that includes the Hearing Examiner’s Recommendation • Public Hearing Notice for the Council’s Closed Record Hearing • Hearing Examiner Staff Report that includes Exhibits 1 through 4a. Skagit Valley College Master Plan, PLAN20-0473 Page 2 of 2  AGENDA ITEM: D DATE: July 14, 2021 TO: Mayor Boudreau and City Council FROM: William Bullock, P.E. - City Engineer SUBJECT: BID AWARD – FREEWAY DRIVE IMPROVEMENTS PROJECT (CAMERON WAY – COLLEGE WAY) RECOMMENDED ACTION: Staff recommends a motion authorizing the Mayor to award the construction contract for the Freeway Drive Improvements Project to SRV Construction, Inc., of Anacortes, WA in the amount of $2,005,584.56. INTRODUCTION/BACKGROUND: This project accomplishes five main improvements to Freeway Drive: adds sidewalk on the west side and bike lanes on both sides, establishes new storm water facilities, enhances corridor street lighting, improves intersection channelization, and rehabilitates the pavement. A key highlight of these upgrades is the new and continuous pedestrian connection from Lions Park (and downtown) to College Way. Federal funding (STBG program) was prioritized through Skagit Council of Governments; total award amount of $2,170,000 (Design - $260,000 and Construction - $1,910,000); additional construction funding allocated to the project will come from the stormwater fund ($310,000) and TBD ($99,000). FINDINGS/CONCLUSIONS: Four bids were received on June 29, 2021, ranging in price from $2,005,584 to $2,086,081 with the low bid provided by SRV Construction; all well within the funding budget. The SRV bid was responsive and prepared in accordance with the contract documents. The construction cost estimate for the project was $2,089,070. RECOMMENDATION: Staff recommends Council award the construction bid for the Freeway Drive Improvements Project to SRV Construction, Inc. in the amount of $2,005,584.56. ATTACHED: Bid Tabulation Vicinity Map  AGENDA ITEM: E DATE: July 14, 2021 TO: Mayor Boudreau and City Council FROM: William Bullock, PE – City Engineer SUBJECT: SOLE SOURCE PURCHASE: DAFT BACKFLOW CONTROL ASSEMBLY AND DRIVE SHAFT MOUNT VERNON WASTEWATER TREATMENT PLANT RECOMMENDED ACTION: Staff recommends declaring WesTech Engineering, Inc., as a sole source, and giving the Mayor permission to purchase the Disolved Air Floatation Thickener (DAFT) backflow control assembly and driveshaft from WesTech Engineering, Inc. INTRODUCTION/BACKGROUND: The Disolved Air Floatation Thickener is a facility that thickens waste sludge as part of a critical process at the wastewater treatment plant. This facility has been in service since 1988 and these components are reaching the end of their useful life and require replacement. These components have a long lead time to manufacture and acquire (approximately 12 weeks). Upon the last inspection, it was determined that replacement was likely required within the next four to six months to prevent operational shut down of the DAFT. An operational shut down of the DAFT would constitute a potential emergency condition at the treatment plant with temporary treatment capability unsustainable over a 12-week period needed to acquire parts. FINDINGS/CONCLUSIONS: Because manufacture of the backflow control assembly and driveshaft require a lengthy lead time of 12 weeks, Public Works has ordered these parts and is requesting approval of their purchase to have the components in stock readily available to replace these parts as part of a facility maintenance cycle. The purchase of the WesTech components are best suited for this application in the WWTP for the following reasons: 1. Consistency of maintenance requirements and in-house knowledge of equipment. 2. These parts or their equivalent are not available through any other supplier. 3. Proven reliability in the existing DAFT facility. In this instance, implementing a consistent brand of equipment components is necessary; not doing so would make efficient maintenance and operations overly difficult on a critical element of the facility. In accordance with RCW 39.04.280(1)(a), sole source bidding is allowable because the product is available only through one supplier. Attached is a letter from WesTech Engineering, Inc., certifying they are a sole source distributor and Mount Vernon is receiving the lowest possible pricing for this product. Total cost of the purchase of backflow control assembly and driveshaft is $67,265.73 (including tax). RECOMMENDATION: Motion to approve authorization for the Mayor to purchase the DAFT backflow control assembly and driveshaft , declaring WesTech Engineering, Inc., as a sole source supplier, in an amount not to exceed $67,265.73 (including tax). ATTACHED: 1. Resolution ______ 2. WesTech Price Quote 3. WesTech Sole Source Certification  AGENDA ITEM: F DATE: July 14, 2021 TO: Mayor Boudreau and City Council FROM: Blaine Chesterfield, Engineering Manager SUBJECT: AGREEMENT – 2022 WASHINGTON CONSERVATION CORP, IAA NO. WCC-2142 RECOMMENDED ACTION: Staff recommends Council approve the detention pond maintenance Interagency Agreement (IAA) with the Washington State Department of Ecology to have the Washington Conservation Corps (WCC) perform vegetation maintenance on drainage facilities. The agreement would be for up to eight weeks of WCC crew time with costs not to exceed $37,760. INTRODUCTION/BACKGROUND:  Approximately 40 percent of the City maintained drainage facilities need significant vegetation maintenance that requires hand work with the remaining facilities needing routine maintenance work.  The City has had great success using the WCC crews for facility maintenance since 2015.  The WCC crew comes with a supervisor, five crew members, a crew rig, and hand tools/equipment for drainage facility maintenance. The crew will have already received trainings on equipment and safety. FINDINGS/CONCLUSIONS:  The City currently maintains an estimated 147 drainage facilities within the city.  Approximately forty percent of the city’s drainage facilities need vegetation maintenance that require small equipment and hand work.  The Washington Conservation Corps community service program provides the City a great opportunity to complete some of the work on these facilities while keeping costs down.  The work time of the WCC crew will be limited to a maximum of eight weeks for this agreement due to other obligations. RECOMMENDATION: Staff recommends Council authorize the Mayor to sign the Interagency Agreement with the Washington State Department of Ecology for up to eight weeks of Washington Conservation Corps crew time. ATTACHED: Agreement  AGENDA ITEM: G DATE: July 14, 2021 TO: Mayor Boudreau and City Council FROM: Kevin Rogerson; City Attorney SUBJECT: REQUEST FOR CONSENT AND AGREEMENT FOR CONSENT AND ASSIGNMENT AND ASSUMPTION OF CONTRACT RECOMMENDED ACTION: Motion to grant Request for Consent and Agreement to Consent and Assignment and Assumption of Contract. INTRODUCTION/BACKGROUND: The Nookachamps wetland mitigation bank was created on property within the City in 2008. One of the documents involved in the creation of the mitigation bank was the following agreement between the City and Nookachamps LLC: Agreement for Conveyance of Real Property, for Construction of Improvements and for Professional Services between Nookachamps LLC and the City. Under the Agreement, the City conveyed surplus real property to Nookachamps for inclusion in the wetland area in exchange for the construction of flood control dikes and trail improvements that the public could use. The Agreement, which has been amended twice since 2008, included dates and time frames for each party to meet various obligations. It also provides that Nookachamps will indemnify the City against claims related to negligence arising from Nookachamps’ actions in the area and from obligations identified in the Agreement. For example, Nookachamps is required to defend the City against claims resulting from negligent dike construction. Nookachamps seeks to sell the property forming the wetland mitigation bank to a recently formed limited liability corporation, RES-RLH West Coast LLC (RES). This transfer requires the City’s consent to the assignment of Nookachamps’ rights and obligations under the Agreement. The City’s consent may not be unreasonably withheld. The City’s concern is that RES has the ability to honor any obligations it may owe to the City. Because this is difficult to determine under the circumstances, the City requested and Nookachamps and RES have agreed that RES would provide evidence of insurance to cover its potential obligations. RES’s insurer provided a certificate of insurance coverage and a copy of the declaration that establishes the City as an additional insured under RES property insurance. In the attached letter and Request for Consent and Agreement to Consent, Nookachamps asks the City to indicate that it will consent to the assignment of its obligations under the Agreement to facilitate the assignment and sale of the property in the mitigation bank. Because we now have the evidence of insurance as shown by the attached 1) Certificate of Liability Insurance and 2) Additional Insured Endorsement, which were prepared in contemplation of the sale, there does not appear to be any legal constrain against granting consent in the form and procedure requested. FINDINGS/CONCLUSIONS: That approval of the Request for Consent and Agreement to Consent and Assignment and Assumption of Contract serves the City’s interest. RECOMMENDATION: Granting Request for Consent and Agreement to Consent and Assignment and Assumption of Contract (Nookachamps – City of Mount Vernon) ATTACHED: Letter and Request for Consent, Assignment and Assumption of Contract (Nookachamps - City of Mount Vernon,) Provided for background and information - Assignment and Assumption of Mitigation/Conservation Instrument (Nookachamps, LLC – RES-REH West Coast, LLC), Certificate of Liability Insurance with Endorsement