City Council

CITY OF MOUNT VERNON CITY COUNCIL MEETING AGENDA May 10, 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 May 10, 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 360-336-6211. Requests must be received by 4 p.m. on May 10, 2023.) III. CONSENT AGENDA A. Approval of April 26, 2023, Regular Council Meeting Minutes B. Approval of May 5, 2023, payroll checks numbered 111979 - 112001, direct deposit checks numbered 93768 - 94023, and wire transfers numbered 1210 - 1214 in the amount of $1,167,808.35 C. Approval of May 10, 2023, AP Claims numbered 21557 – 21711 in the amount of $3,377,995.30 Mount Vernon City Council Agenda May 10, 2023 Page 2 of 2 IV. REPORTS A. Committees 1. Public Works and Library 2. Public Safety B. Councilmember Comments C. Mayor’s Report D. Committee Agenda Requests V. UNFINISHED BUSINESS None VI. NEW BUSINESS A. Public Hearing – 2023-2024 Community Development Block Grant (CDBG) Action Plan and 5-Year Consolidated Plan (This is an open record public hearing to obtain views of citizens and other interested parties on the draft CDBG 2023-24 Action Plan and 5-Year Consolidated Plan.) (required action – motion) (staff contact – Peter Donovan) B. Public Hearing – Mount Vernon School District Updated Capital Facilities Plan and Updated School Impact Fees (This is an open record public hearing for the adoption of the Mount Vernon School District Updated Capital Facilities Plan and Updated School Impact Fees for Chapter 3.36 of the Mount Vernon Municipal Code.) (required action – ordinance) (staff contact – Darren Groth) C. Approval of Agreement – International Code Council (Staff is requesting approval of an agreement with International Code Council to provide plan review services for building permit applications.) (required action – motion) (staff contact – Darren Groth) D. Approval of Street Closure Request – N. 7th Street Neighborhood Block Party (Staff is requesting approval of a street closure request for the 2023 N. 7th Street Neighborhood Block Party.) (required action – motion) (staff contact – Jennifer Berner) E. Approval of Street Closure Request – Mount Vernon High School (MVHS) (Staff is requesting approval a street closure request for the 2023 MVHS Graduation Parade.) (required action – motion) (staff contact – Jennifer Berner) COMMITTEE MEETING Public Works and Library 6:00 p.m. Next Ordinance 3870 Next Resolution 1029  AGENDA ITEM: A DATE: May 10, 2023 TO: Mayor Boudreau and City Council FROM: Peter Donovan, Special Projects Manager SUBJECT: OPEN RECORD PUBLIC HEARING FOR 2023-24 CDBG ACTION PLAN & CONSOLIDATED PLAN RECOMMENDED ACTION: Motion INTRODUCTION/BACKGROUND: - This is an Open Record Public Hearing to obtain the views of citizens and other interested parties on the draft Community Development Block Grant (CDBG) 2023 Action Plan; as well as the 2023-27 Consolidated Plan. -HUD has designated $332,365 to the City’s CDBG program for the 2023-24 program year. FINDINGS/CONCLUSIONS: The proposed Annual Action Plan identifies the approximate amounts for the following goals: --Public Services $49,855 --Community Action: $33,237 (10%) --Welcome Home Skagit $16,618 (5%) --Admin & Planning $66,473 --Increase Supply of Affordable Housing $50,000 --Improvement of Facilities & Revitalization $166,037 RECOMMENDATION: Following a public hearing, a Council motion to approve the 2023-2024 CDBG Annual Action Plan, and the 5-year Consolidated Plan ATTACHED: 2023-2027 Consolidated Plan 2023-24 Draft Action Plan (imbedded within the Con Plan) 2nd Public Hearing Notice  AGENDA ITEM: B DATE: May 10, 2023 TO: Mayor Boudreau and City Council FROM: Darren Groth, Development Services SUBJECT: Open Record Public Hearing on Updates to the Capital Facilities Element of the Comprehensive Plan (PLAN23-0079) and Chapter 3.36 MVMC Adopting New School Impact Fees (CA23- 0081) RECOMMENDED ACTION: City Council hold a public hearing and adopt the accompanying Ordinance regarding the Mount Vernon School District’s updated Capital Facilities Plan (CFP) and the associated updates to their school impact fees in Chapter 3.36 Mount Vernon Municipal Code (MVMC). INTRODUCTION/BACKGROUND: The City’s Comprehensive Plan includes a 20-year Capital Facilities Element. The 6-year Capital Facility Plans (CFP) for both the Mount Vernon and Sedro-Woolley School Districts are adopted as Appendices to the City’s Capital Facilities Element of the Comprehensive Plan. In 2018 the City adopted the Mount Vernon School District’s (District) 2017-2023 CFP (attached). In October of 2022 the District submitted an updated 2022-2028 CFP that includes new impact fee calculations and asked that the updated CFP, and associated impact fees, be adopted by the City. The City is authorized by Chapter 82.02 RCW to impose impact fees on behalf of, and for the benefit of, the District. Impact fees can only be collected and spent for school facilities that are included within the District’s adopted CFP. The City and District entered into an interlocal agreement (attached) in 1993 (pursuant to Chapter 39.34 RCW) that included (among other items) the collection of school impact fees for the District by the City. Following is a table summarizing the existing versus the new school impact fees the District is asking be adopted in Chapter 3.36 MVMC. Appendix A of the accompanying updated 2022-2028 CFP contains the calculations the District completed to justify their new impact fees. The currently adopted CFP for the District is also attached allowing a comparison between the existing and proposed impact fee calculations. MOUNT VERNON SCHOOL DISTRICT’S EXISTING VS. UPDATED IMPACT FEES FINDINGS/CONCLUSIONS: The District’s request to update their CFP, and have it adopted by the City, is consistent with the City’s Comprehensive Plan (Chapter 36.70A RCW) and the Interlocal Agreement between the City and District regarding school impact fees. This action has been deemed an emergency amendment to the Comprehensive Plan because the District’s currently adopted CFP expires at the end of the 2022/2023 school year and for the District to remain eligible to collect school impact fees the District’s updated CFP needs to be adopted. The procedural requirements for these legislative actions have been completed. This includes the environmental review pursuant to the SEPA statute issued and published on October 20, 2021 by the District (attached), receiving expedited review from the State Department of Commerce on October 26, 2021 (under Submittal ID: 2021-S-3250), and publication of the Planning Commission and City Council hearing on March 14, 2023. On April 18, 2023 the Planning Commission held an open record public hearing and made a unanimous motion, with conditions, to approve the subject amendments. The Planning Commission’s conditions of their motion are listed below, and their draft meeting minutes are attached. 1. A representative of the school district attends the City Council meeting to review the change in fees. 2. The discrepancy in figures between the district’s CFP and the staff report is clarified. It is staff’s understanding that a representative from the School District will be at this hearing before the City Council to review the change in fees. In addition, there is an email within Attachment 5 explaining the discrepancy in figures between the district’s CFP and the staff report. RECOMMENDATION: The City Council adopt the updated CFP and amendments to Chapter 3.36 MVMC. ATTACHED: ATTACHMENT 1: District’s currently adopted 2017-2023 CFP ATTACHMENT 2: Proposed Ordinance that includes the District’s updated CFP ATTACHMENT 3: Interlocal Agreement recorded under Auditor’s file number: 9404110101 ATTACHMENT 4: District’s SEPA determination and other procedural documentation ATTACHMENT 5: Planning Commission’s draft meeting minutes and Clarification Email  AGENDA ITEM: C DATE: May 10, 2023 TO: Mayor Boudreau and City Council FROM: Darren Groth SUBJECT: ICC RECOMMENDED ACTION: Authorize the Mayor to enter into an agreement with ICC to provide as-needed plan review services. INTRODUCTION/BACKGROUND: The City’s Building Official recently retired at the end of April 2023. The Building Official was performing all the plan review functions for the City of Mount Vernon since April 1, 2023. The City employed a Building Inspector/Plans Examiner until the end of March 2023 when he left employment to serve another role in another municipality. The City also used an on-call contract to perform Plan Review services, but the sole provider moved into a new day job and was not able to offer contract help to Mount Vernon. Upon hearing this news and knowing he was retiring, the prior Building Official and Development Services Director contacted firms, companies, and other entities that could perform plan review services. The International Code Council (ICC) and SAFEbuilt were the only two entities that responded to the request for qualifications. This agenda item is intended to allow an agreement with ICC to perform plan review services on the City’s behalf through the end of 2023, while discussions occur with SAFEbuilt to find a long-term solution for the Building Division’s on-call needs. FINDINGS/CONCLUSIONS: The City’s Professional Services Agreement boilerplate was sent to ICC for review. As of the date of this memo, ICC’s legal counsel is still reviewing the document. As such, we have not received the agreement back from ICC. Due to the time sensitive nature of the needed plan review services, this action is being requested for approval subject to the City Attorney’s receipt, review, and approval and the agreement. RECOMMENDATION: Approve the Mayor to sign the agreement with ICC pending City Attorney review and approval. ATTACHED: None – Awaiting Agreement  AGENDA ITEM: D DATE: May 10, 2022 TO: Mayor Boudreau and City Council FROM: Jennifer Berner SUBJECT: STREET CLOSURE REQUEST – 7TH STREET NEIGHBORHOOD BLOCK PARTY RECOMMENDED ACTION: Staff recommends Council approve the Street Closure Request for Friday June 23rd. INTRODUCTION/BACKGROUND: Residents of North 7th Street between Fulton Street and Lawrence Street would like to have a neighborhood summer bbq and invite all nearby residents to socialize throughout the neighborhood. Some homeowners will provide different types of family friendly yard games, while others will provide food and family friendly drinks. FINDINGS/CONCLUSIONS: For the safety of the neighborhood, the residents are asking for one block of North 7th Street to be closed 3pm to 9pm on Friday June 23rd. They will plan to keep one side of the street clear of all event set up in order to provide a safe emergency lane if needed. RECOMMENDATION: Staff recommends Council approve the closure of North 7th Street between Fulton Street and Lawrence Street on Friday June 23rd. ATTACHED: Street Closure Request Map AGENDA ITEM: E