City Council

CITY OF MOUNT VERNON CITY COUNCIL MEETING AGENDA April 26, 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 April 26, 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 April 26, 2023.) III. CONSENT AGENDA A. Approval of April 12, 2023, Regular Council Meeting Minutes. B. Approval of April 20, 2023, payroll checks numbered 111960 - 111977, direct deposit checks numbered 93517 - 93767, and wire transfers numbered 1205 - 1209 in the amount of $1,417,546.96 C. Approval of April 26, 2023, AP Claims numbered 21352 - 21538 in the amount of $1,461,991.87 Mount Vernon City Council Agenda April 26, 2023 Page 2 of 3 IV. REPORTS A. Committees 1. Finance & Parks and Enrichment Services 2. Development Services B. Councilmember Comments C. Mayor’s Report D. Committee Agenda Requests V. UNFINISHED BUSINESS None VI. NEW BUSINESS A. Skagit PUD Update (Skagit PUD General Manager George Sidhu will provide an update of projects and plans.) (required action – none) (staff contact – Peter Donovan) B. Closed Record Public Hearing and Approval of Resolution – Expansion of Non-Conforming Structure, PLAN23-0543 (This is a closed record public hearing to approve PLAN23-0543, expansion of a non- conforming structure located at 1609 South 3rd Street, with Resolution 1033.) (required action – resolution) (staff contact – Marianne Manville-Ailles) C. Public Hearing and Approval of Resolution – 2023-2028 Six-Year Transportation Improvement Program (TIP) Amendment (This is a public hearing to approve the 2023-2028 Six-Year TIP Amendment, with Resolution 1034.) (required action – resolution) (staff contact – Chris Phillips) D. Approval of Agreement Amendment – HKP Architects, PLLC (Staff is requesting approval of Amendment No. 3 to agreement 4071 for additional services for the Mount Vernon Library Commons Project.) (required action – motion) (staff contact – Chris Phillips) E. Approval of Agreement Amendment – TranTech Engineering (Staff is requesting approval of Amendment No. 1 to agreement 4225 to provide construction management services on the 2022 Street Improvements Program.) (required action – motion) (staff contact – Chris Phillips) F. Approval of Ordinance – 2023 Budget Amendment (Staff is requesting approval of Ordinance 3868 amending the 2023 Budget.) (required action – ordinance) (staff contact – Doug Volesky) G. Approval of Ordinance – Chapter 12.32 City Parks (Staff is requesting approval of Ordinance 3869 Amending Chapter 12.32 of the Mount Vernon Municipal Code granting full commission authority for the position of Park Ranger.) (required action – Ordinance) (staff contact – Kevin Rogerson) Mount Vernon City Council Agenda April 26, 2023 Page 3 of 3 H. Approval of Agreement – Little Mountain House (Staff is requesting approval a residential lease agreement and proposed rent adjustment.) (required action – motion) (staff contact – Jennifer Berner) COMMITTEE MEETING Finance and Parks & Enrichment Services 6:00 p.m. Next Ordinance 3868 Next Resolution 1033  AGENDA ITEM: A DATE: April 26, 2023 TO: Mayor Boudreau and City Council FROM: Peter Donovan, Special Projects Manager SUBJECT: SKAGIT PUD UPDATE RECOMMENDED ACTION: None INTRODUCTION/BACKGROUND: Skagit PUD operates the county’s most extensive water system, providing nine million gallons of piped water to approximately 80,000 people every day. The PUD maintains over 650 miles of pipelines and has over 31 million gallons of storage volume. FINDINGS/CONCLUSIONS: P.U.D. General Manager George Sidhu will update Council on Skagit PUD’s most recent developments. RECOMMENDATION: None ATTACHED: None  AGENDA ITEM: B DATE: April 26, 2023 TO: Mayor Boudreau and City Council FROM: Marianne Manville-Ailles, Development Services SUBJECT: PLAN22-0543 SPECIAL PERMISSION TO ALLOW EXPANSION OF NON-CONFORMING STRUCTURE 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 approving the expansion of a non-conforming structure to add 480 square foot addition to an existing accessory structure. INTRODUCTION/BACKGROUND: The proposal is to add a 480 square foot addition to an existing garage. The project will involve removing two unpermitted lean-tos, one that is encroaching on a neighboring property. The total proposed size of the structure will be 801 sq. ft. Special permission is required because the existing structure does not meet side setbacks on the north side of the property or the rear setback on the west side. MVMC Chapter 17.102 has a process by which the City Council (upon recommendation by the Hearing Examiner) can grant special permission to enlarge or expand an existing non-conforming structure and/or use so long as certain criteria are met. The proposal property has an address of 1116 S 10th Street, and its parcel number is P53674. FINDINGS/CONCLUSIONS: On March 30, 2023, an open record hearing was held before the Hearing Examiner. The Examiner recommended approval of the application in a report dated 8 April 2023. There was one party of record in support of the proposal. 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 Council follows the Hearing Examiner recommendation and move to adopt a resolution approving with conditions the expansion of a non-conforming structure to add a 480 square foot addition to the existing accessory structure and remove the two unpermitted lean-tos (total size of resulting structure 801 square feet). ATTACHED: • Proposed Resolution • Hearing Examiner Recommendation (attached to proposed resolution as Exhibit A) • Staff Report and its associated Exhibits  AGENDA ITEM: C DATE: April 26, 2023 TO: Mayor Boudreau and City Council FROM: Chris Phillips. PW Director SUBJECT: PUBLIC HEARING: ADOPTION OF THE 2023-2028 SIX-YEAR TRANSPORTATION IMPROVEMENT PROGRAM AMENDMENT RECOMMENDED ACTION: Staff recommends the City Council approve a proposed resolution (draft attached) adopting the 2023- 2028 Six-Year Transportation Improvement Program Amendment. INTRODUCTION/BACKGROUND: State law, RCW 35.77.010, requires that each year the City adopt a six-year Transportation Improvement Program (TIP). The TIP is designed to identify the schedule, costs, and financial plan associated with those projects the City intends to complete during the next six years. The adopted financial plan must demonstrate that funding for the TIP is feasible, although it may include projections of local funds, grants, loans or other potential sources that are not yet in hand. In preparing the proposed 2023-2028 TIP, the following factors were considered:  The current status of active transportation improvement projects;  Strategic priorities of the City consistent with the City Comprehensive Plan.  Physical condition, operations and public safety of the street system.  Funding availability. FINDINGS/CONCLUSIONS: The proposed TIP Amendment identifies 8 projects that include: MVLC EV Vehicle and Bicycle Charging, 13th and Broad Street Signal, three Kulshan Trail Safety Lighting Phases, 6th and Division Street Realignment and Blackburn Road Extension. Primary revenue sources consist of Grants, REET2, Transportation Impact Fees, and Transportation Benefit District Funding, and development mitigation contributions. The TIP is an important tool for local, state and federally funded projects, and is utilized by governmental and planning organizations at all levels. Projects are typically required to be identified on the TIP to be eligible for funding from Federal and State sources. RECOMMENDATION: Staff recommends the City Council approve the proposed 2023-2028 TIP Amendment Resolution. ATTACHED: Draft Resolution 2023-2028 Six-Year Transportation Plan Amendment TIP Projects Map  AGENDA ITEM: D DATE: April 26, 2023 TO: Mayor Boudreau and City Council FROM: Chris Phillips, Public Works Director SUBJECT: LIBRARY COMMONS PROJECT – CONTRACT AMENDMENT NO. 3: HKP CONSTRUCTION CONTRACT ADMINISTRATION INTRODUCTION/BACKGROUND: The Library Commons Project consists of a new public library and community center below three floors of structured parking located downtown across from the county courthouse on Kincaid Street between 2nd and 3rd Street. The library and community center covers between 30,000 – 35,000 SF and structured parking area will be approximately 125,000 SF. The project shall incorporate sustainable strategies to reduce overall carbon footprint, promote environmental and healthy materials, and promote and encourage sustainable transportation options such as access to mass transit and vehicle charging stations. The project will serve as a gateway to the historic downtown and other regional attractions. FINDINGS/CONCLUSIONS: HKP Architects is currently under contract for construction services on the Library Commons Project which is currently under construction. Staff recommends amending their current contract to provide for additional construction contract administration services to compensate for unforeseen costs associated with activities such as adjustments to underground utilities, Buy America requirements, right of way adjustments, and other items. RECOMMENDATION: Motion to authorize the Mayor to execute a contract amendment with HKP Architects to provide compensation for additional unforeseen construction management costs for the construction phase of the Library Commons Project. Amendment No. 3 shall not exceed $148,338.00 for a new total contract amount of $3,807,569.30. ATTACHED: Library Commons Contract Amendment #3  AGENDA ITEM: E DATE: April 26, 2023 TO: Mayor Boudreau and City Council FROM: Chris Philips, Public Works Director SUBJECT: PROFESSIONAL SERVICES AGREEMENT: 2022 STREET IMPROVEMENTS PROGRAM AMENDMENT NO. 1 INTRODUCTION/BACKGROUND: TranTech Engineering was selected to provide design and engineering services to develop plans and specifications for the 2022 Street Improvement Program which included a curb ramp improvement phase and a pavement restoration phase for the portions of following streets: N 18th Street, E Division Street, Anderson Road, Fox Hill Lane, N 35th Street, and N 35th Place. Clarification Note: Last year, Public Works made the decision to delay construction of the 2022 Street Improvement Program to take advantage of more favorable bidding prices in 2023 and bid the project as the 2023 Paving Program and the 2023 Curb Ramp Program. FINDINGS/CONCLUSIONS: TranTech provided additional services during the bidding phase and will need to provide a small variety of engineering support services during construction. Public Works staff is providing the bulk of the inspection and construction management services in-house for these projects. The scope and fee for these construction support design services is not to exceed $18,892.32. RECOMMENDATION: Motion to authorize the Mayor to execute a contract amendment with TranTech Engineering to provide the additional services for bidding support and construction support in an amount not to exceed $18,892.32. The total amount for design services is not to exceed $205,892.32. ATTACHED: 1. Amendment No. 1 2. Vicinity Map  AGENDA ITEM: F DATE: April 26, 2023 TO: Mayor Boudreau and City Council FROM: Doug Volesky, Finance Director SUBJECT: 2023 BUDGET AMENDMENT RECOMMENDED ACTION: City staff is requesting Council to approve an ordinance to amend the 2023 Adopted Budget. INTRODUCTION/BACKGROUND: The 2023 Budget Amendment includes the following: 1. The Equipment Rental and Reserve Fund (F501) requires an increase in appropriated expenditures in the amount of $420,000 for the purchase of a Commercial Rear Load Garbage Truck from Dobbs Truck Group for the Solid Waste Utility. This truck is included in the ER&R replacement schedule to be replaced in 2023 but was inadvertently not included in the 2023 budget. 2. The Equipment Rental and Reserve Fund (F501) requires an increase in appropriated expenditures in the amount of $250,000 for the downpayment of a Residential Automated Garbage Truck Chassis from Dobbs Truck Group for the Solid Waste Utility. This item is included to be replaced in the 2026 ER&R schedule. Since this specific piece of equipment has an unusually long logistics/supply/material construction timeline, city staff recommend this cost- effective build request now in 2023 in order to save money, time, and replace antiquated equipment in an effective manner. The estimated cost for the chassis build is $250,000 which may be billed in 2023, and an estimated total vehicle cost of $450,000, which the remainder will be included in the 2024 budget process. FINDINGS/CONCLUSIONS: As these increases in equipment expenditures in the Equipment Replacement and Reserve were not included in the 2023 adopted budget, these budget amendments are necessary to complete and properly record these activities. The Equipment Replacement and Reserve Fund has available funding for these increases. RECOMMENDATION: City staff recommends adoption of ordinance 3868 amending the 2023 Adopted Budget. ATTACHED: Ordinance 3868.  AGENDA ITEM: G DATE: April 26, 2023 TO: Mayor Boudreau and City Council FROM: Kevin Rogerson; City Attorney SUBJECT: ORDINANCE AMENDING CHAPTER 12.32, CITY PARKS PROVIDING THE POSITION OF PARKS RANGER FULL COMMMISSION AUTHORITY RECOMMENDED ACTION: Approval of Ordinance INTRODUCTION/BACKGROUND: The City’s parks enforcement officer qualifications and training have been recognized by the Washington State Criminal Justice Training Commission as an equivalency to their basic law enforcement academy so long as the officer successfully completes a CJTC’s Equivalency Academy which functions as a “gap filler” to educate officers as to law enforcement requirements in Washington State. Such recognition allows the City’s Parks Enforcement Officer to be granted full commission powers of a general authority peace officer. This would allow the position of Parks Ranger full authority equal to any commissioned police officer in the City. The proposed amendments of the parks code proposed herein grant such authority. FINDINGS/CONCLUSIONS: Adoption of the ordinance is within the public interest. RECOMMENDATION: Approval of the proposed ordinance. ATTACHED: Draft Ordinance  AGENDA ITEM: H City of MOUNT VERNON DATE: April 26, 2023 TO: Mayor Boudreau and City Council FROM: Jennifer Berner, Director Parks & Enrichment Services Department SUBJECT: AMEND LITTLE MOUNTAIN HOUSE LEASE AGREEMENT RECOMMENDED ACTION: Staff requests approval to amend the Little Mountain House Lease Agreement to include a four hundred dollar a month increase, adjusting the rent to $1,900 per month starting June 1, 2023. INTRODUCTION/BACKGROUND: As stewards of Mount Vernon taxpayer dollars, it is essential that fair and equitable rental rates are established. Upon review of rental property rates in Mount Vernon, staff is recommending the rent be increased four hundred ($400) per month for 2023. The current rental rate is $1,500 a month and has remained the same since 2019. Upon careful evaluation, it was determined the monthly rental rate shall be set at $2,700 with $800 deducted for caretaker duties. The adjusted monthly rental rate shall be $1,900, taking effect June 1, 2023. Caretaker duties as defined in Exhibit "C" of the agreement include mowing the lawn area on a weekly basis and performing other maintenance duties such as weeding flowerbeds, weed-eating, removal of debris from the property, pruning shrubs, leaf removal and storm clean up. FINDINGS/CONCLUSIONS: None RECOMMENDATION: Staff is requesting Council to authorize the Mayor to increase the monthly rental rate for the Little Mountain rental property located at 2773 Little Mountain Road to $1,900 a month. ATTACHED: