City Council

CITY OF MOUNT VERNON CITY COUNCIL MEETING AGENDA March 13, 2024, 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 1. OPENING CEREMONIES A. Call to Order B. Pledge of Allegiance C. Roll Call of Councilmembers 2. APPROVAL OF AGENDA 3. COMMUNITY COMMENTS (This is an opportunity for Mount Vernon residents to address their City Council. Please provide your information on the guest sign-in sheet located on the table near the entrance to the Council Chambers prior to speaking, and 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 March 13, 2024.) Interpretation services for Community Comments are available on request. Please contact the City Clerk at beckyj@mountvernonwa.gov or 360-419-3253 at least two business days prior to the meeting if you would like an interpreter to share your comments with City Council. 4. CONSENT AGENDA A. Approval of February 23, 2024, Council Workshop minutes B. Approval of February 28, 2024, Regular Council Meeting minutes C. Approval of March 5, 2024, payroll checks numbered 112387 – 112407, direct deposit checks numbered 99006 - 99263, and wire transfers numbered 1310 - 1314 in the amount of $1,204,562.62 D. Approval of March 13, 2024 Claims numbered 25047 - 25228 in the amount of $2,233,052.61 Mount Vernon City Council Agenda March 13, 2024 Page 2 of 3 5. REPORTS A. Committees 1. Public Works and Library 2. Public Safety B. Councilmember Comments C. Mayor’s Report D. Committee Agenda Requests 6. NEW BUSINESS A. Presentation – New Earth Recovery (New Earth Recovery Executive Director Alan Muia will provide an update of current projects and services.) (required action – none) (staff contact –Steve Sexton) B. Presentation – Skagit Valley Clean Energy Cooperative (Skagit Valley Clean Energy Cooperative staff Mary Wohleb and Greg Whiting will explain how the group is partnering with local jurisdictions to promote a shift to renewable energy use.) (required action – none) (staff contact –Steven Sexton) C. Public Hearing – 2024-2025 Community Development Block Grant (CDBG) Action Plan (This is a closed record public hearing to receive the views of residents and other interested parties on the community development needs of the City in preparation of the draft 2024-2025 CDBG Action Plan.) (required action – none) (staff contact – Steve Sexton) D. Public Hearing and Approval of Resolution – Preliminary Plat of Glenmoor PLAN21-0548 (This is a closed record public hearing and request for approval of the preliminary plat of Glenmoor Subdivision PLAN21-0548 with Resolution 1053.) (required action – resolution) (staff contact – Stacie Pratschner) E. Approval of Agreement – PROTEC17 (Staff is requesting approval the 2024-2026 Collective Bargaining Agreement with the PROTEC17 Union) (required action – motion) (staff contact – Erin Keator) F. Approval of Agreement – Whitney Equipment Company (Staff is requesting approval an agreement with Whitney Equipment Company for the purchase of pumps for the Maple Lane Pump Station.) (required action – motion) (staff contact – Gary Duranceau) G. Approval of Agreement – MBI Systems (Staff is requesting approval an agreement with MBI Systems for the purchase of interior furnishings for the Mount Vernon Library Commons Project.) (required action – motion) (staff contact – Chris Phillips) Mount Vernon City Council Agenda March 13, 2024 Page 3 of 3 H. Approval of Agreement – Workpointe (Staff is requesting approval an agreement with Workpointe for the purchase of interior furnishings for the Mount Vernon Library Commons Project.) (required action – motion) (staff contact – Chris Phillips) I. Approval of Agreement – OpenSquare (Staff is requesting approval an agreement with OpenSquare for the purchase of interior furnishings for the Mount Vernon Library Commons Project.) (required action – motion) (staff contact – Chris Phillips) J. Approval of Street Closure Request – Mount Vernon School District (MVSD) (Staff is requesting approval of the closure of certain downtown streets on May 5, 2024 for a MVSD sponsored Cinco de Mayo parade.) (required action – motion) (staff contact – Jennifer Berner) K. Approval of Street Closure Request – Mount Vernon Downtown Association (MVDA) (Staff is requesting approval of the closure of certain downtown streets from April 18 – April 21, 2024 for the MVDA Tulip Festival Street Fair.) (required action – motion) (staff contact – Jennifer Berner) L. Approval of Emergency Ordinance – Mount Vernon Municipal Code (MVMC) Chapters 17.73, 17.06, AND 17.102 (Staff is requesting adoption of the proposed amendments to MVMC Chapter 17.73, 17.06, and 17.102, related to accessory dwelling unit regulations with Ordinance 3887.) (required action – ordinance) (staff contact – Kevin Rogerson/Stacie Pratschner) 7. EXECUTIVE SESSION 8. ADJOURNMENT COMMITTEE MEETING Public Works and Library 6:00 p.m. Next Ordinance 3887 Next Resolution 1053  NEW BUSINESS ITEM: A DATE: March 13, 2024 TO: Mayor Donovan and City Council FROM: Steve Sexton, Special Projects Manager SUBJECT: NEW EARTH RECOVERY PRESENTATION RECOMMENDED ACTION: None INTRODUCTION/BACKGROUND: New Earth Recovery is a non-profit organization operating a residential recovery program in Skagit Valley, Washington. New Earth Recovery loves, strengthens, and accompanies people in recovery from substance addiction through faith-based healing community. They have five homes: Faith House and Willow House (for women), and The Foundation, The Trust, and Cedar House (for men). FINDINGS/CONCLUSIONS: None RECOMMENDATION: None ATTACHED: None  NEW BUSINESS ITEM: B DATE: March 13, 2024 TO: Mayor Donovan and City Council FROM: Steve Sexton, Special Projects Manager SUBJECT: PRESENTATION FROM SKAGIT VALLEY CLEAN ENERGY COOPERATIVE RECOMMENDED ACTION: None INTRODUCTION/BACKGROUND: SVCEC is a member owned, not-for-profit clean energy cooperative incorporated on May 6, 2022, in La Conner, WA. Their core purpose is to encourage clean energy using locally available resources and to become a valued source of information promoting greener and more sustainable communities in the Skagit Valley. FINDINGS/CONCLUSIONS: None RECOMMENDATION: None ATTACHED: None  NEW BUSINESS ITEM: C DATE: March 13, 2023 TO: Mayor Donovan and City Council FROM: Steve Sexton, Special Projects Manager SUBJECT: OPEN RECORD PUBLIC HEARING FOR 2024-2025 CDBG ANNUAL ACTION PLAN RECOMMENDED ACTION: None INTRODUCTION/BACKGROUND: - This is an Open Record Public Hearing to obtain the views of citizens and other interested parties on the housing and non-housing community development needs of the City before a draft Community Development Block Grant (CDBG) 2024-2025 Annual Action Plan is prepared. -The amount of the City’s 2024 CDBG allotment has not yet been determined by HUD. In previous years the City’s allocations have been: --2023: $332,365 --2022: $359,983 --2021: $369,122 --2020: $383,000 --2019: $390,000 FINDINGS/CONCLUSIONS: None RECOMMENDATION: None ATTACHED: Public Notice of Funding and Public Hearing for the City’s 2024-2025 Annual Action Plan  NEW BUSINESS ITEM: D DATE: March 13, 2024 TO: Mayor Donovan and City Council FROM: Rebecca Lowell, Development Services SUBJECT: CLOSED RECORD PUBLIC HEARING, PRELIMINARY PLAT & CONCURRENCY APPROVAL OF GLENMOOR, PLAN21-0548 RECOMMENDED ACTION: Staff recommends Council hold a closed record public hearing and then make a motion to authorize the Mayor to sign the accompanying resolution approving the preliminary plat and traffic concurrency for the subdivision named Glenmoor. INTRODUCTION/BACKGROUND: Proposed is a ±26-acre preliminary plat with a total of 40 lots that will result in the creation of 75 dwelling units consisting of 31 detached single-family homes, eight duplex units, and a maximum of 36 multi-family units in one structure. In addition to the 40 lots six tracts for stormwater infrastructure, critical areas, landscaping, forested buffer, utilities, and access will be created. The detached single- family residential lots will range in size from 4,391 square feet to 15,290 square feet. A minimum of 12 affordable housing units (reserved for those earning 80% or less of the area median income) will be required to be created. The site is described by the Skagit County Assessor as parcels P119008 and P27079, its southwest corner is located approximately 200 lf east of the intersection of East Division and North 30th Streets, and it is within a portion of the NE ¼ of Section 21, Township 34 North, Range 04 East, W.M. The general location of the project site is identified in red in the vicinity map below. The applicant/property owners for this preliminary plat are identified below: Applicant: Property Owner: Axe Engineering Services Glenmoor LLC and East Division LLC Attn: Erin Russell Both governed by Subedar and Manijinder Deol 851 Coho Way Suite #306 310 Leann Street Bellingham, WA 98225 Mount Vernon, WA 98274 On December 14, 2023 an open record hearing was held before the Hearing Examiner (HE) for this preliminary plat and traffic concurrency. A SEPA appeal was filed; and as such, this appeal was also heard by the HE at the December 14, 2023 hearing. On January 11, 2024 the HE issued a recommendation for conditional approval of the preliminary plat and traffic concurrency and recommended the Council affirm the SEPA determination that was appealed. FINDINGS/CONCLUSIONS: The proposal is found to be consistent with the Mount Vernon Municipal Code and the Comprehensive Plan. The proposed preliminary plat, traffic concurrency and SEPA appeal were considered at a duly advertised public hearing before the Hearing Examiner who recommended approval of the preliminary plat and traffic concurrency applications, with conditions, and recommended Council affirm the SEPA determination that was appealed. Please see the accompanying Ordinance for Council’s consideration that contains a complete list of findings and conclusions. RECOMMENDATION: Staff recommends that Council move to adopt a resolution approving the preliminary plat and traffic concurrency for the Glenmoor subdivision. ATTACHED: • Proposed Resolution that includes all of the following: o Hearing Examiner’s Recommendation; o Staff Report with its associated Exhibits; and, o Notices of Hearing Examiner Actions  NEW BUSINESS ITEM:E DATE: March 13, 2024 TO: Mayor Donovan and City Council FROM: Erin Keator, Human Resources Director SUBJECT: PROTEC17 COLLECTIVE BARGAINING AGREEMENT RECOMMENDED ACTION: Staff recommends that Council authorize the Mayor to sign the PROTEC17 collective bargaining agreement for January 1, 2024 through December 31, 2026. INTRODUCTION/BACKGROUND: The Development Services Department employees unionized in 2023 creating PROTEC17 bargaining unit. Beginning October 2023, staff began negotiations with the newly formed Union and came to a tentative agreement on February 2, 2024. FINDINGS/CONCLUSIONS: Cost of Living Adjustments • January 1, 2024 4.5% • January 1, 2025 2% • July 1, 2025 2% • January 1, 2026 3% Cost of implementa�on for 2024: $16,295 RECOMMENDATION: Staff recommends that Council authorize the Mayor to sign the PROTEC17 collective bargaining agreement for January 1, 2024 through December 31, 2026. ATTACHED: none  NEW BUSINESS ITEM: F DATE: March 13, 2024 TO: Mayor Donovan and City Council FROM: Gary Duranceau, Wastewater Division Manager SUBJECT: BID AWARD: PUMP PROCUREMENT FOR MAPLE LANE PUMP STATION RECOMMENDED ACTION: Staff recommends a motion be made by Council authorizing the Mayor to award the purchase for the Pump Procurement for Maple Lane Pump Station to Whitney Equipment Company of Woodinville, WA, in the amount of $144,704.00. INTRODUCTION/BACKGROUND: Maple Lane Pump Station was built in the mid 1970’s to convey wastewater from west Mount Vernon to the Wastewater Treatment Plant. Maintenance needs have included replacement of the pump volutes, impellers, and miscellaneous mechanical and electrical components. The original pumps are nearly 50 years old and in need of replacement. Replacing the pumps with the same brand pumps would be more expensive than replacing with other pre-qualified manufacturers. After researching other pump suppliers, it was determined that four manufacturers met the performance/design requirements and specifications. FINDINGS/CONCLUSIONS: Two bids were received on February 14, 2024, for supplying three vertical dry pit submersible pumps, along with check valves, pump bases, and other assemblies/hardware required for two of the pumps. The low bid provided by PumpTech in the amount of $136,316.61 was rejected on the grounds that it was non-responsive. The pumps that PumpTech submitted in their bid were off of the required pump curve. The next low bid was submitted by Whitney equipment in the amount of $144,704.00 and was determined to be responsive and prepared in accordance with the contract documents. RECCOMENDATION: Staff recommends City Council authorize the Mayor to sign a purchase agreement for the Pump Procurement for Maple Lane Pump Station in the amount of $144,704.00. ATTACHED: Bid Tabulation – Pump Procurement – Maple Lane Pump Station Rebid 2024-ITB-005  NEW BUSINESS ITEM: G DATE: March 13, 2024 TO: Mayor Donovan and City Council FROM: Chris Phillips, Public Works Director SUBJECT: MBI - 2024 MOUNT VERNON LIBRARY COMMONS FURNITURE SUPPLY & INSTALL RECOMMENDED ACTION: City Staff recommends City Council authorize the Mayor to enter into an Omnia Partners cooperative purchase agreement with MBI Systems Inc., for a previously discussed/approved City Council expenditure for the MVLC Library Furniture in the amount of $79,435.39 plus 8.8% WSST of $6,990.31, for a total of $86,425.70. A 50% down payment of $43,212.85 is required at time of purchase. INTRODUCTION/BACKGROUND: New library furniture is needed for use by visitors and staff in the new Library Commons project currently under construction. This furniture includes various tables, chairs and workstations to be located throughout the library commons and public use spaces. MVLC staff working with OAC, HKP and library staff completed the library furniture selection process utilizing three different vendors. The MVLC sourcing team selected a portion of the Furniture package from MBI Systems Inc., through their affiliation with Omnia Partners purchasing agreement, which provides the City with the best compliant price. FINDINGS/CONCLUSIONS: Please see Introduction narrative. RECOMMENDATION: City Staff recommends City Council authorize the Mayor to enter into a purchase agreement with MBI Systems Inc. and Omnia Partners cooperative for the purchase and installation of new Library Commons Furniture in the amount of $79,435.39, plus 8.8% WSST of $6,990.31, for a total cost of $86,425.70. ATTACHED: MBI Systems, Inc. Proposal 57309, dated 12/18/2023  NEW BUSINESS ITEM: H DATE: March 13, 2024 TO: Mayor Donovan and City Council FROM: Chris Phillips, Public Works Director SUBJECT: WORKPOINTE - MOUNT VERNON LIBRARY COMMONS FURNITURE SUPPLY & INSTALL RECOMMENDED ACTION: City Staff recommends City Council authorize the Mayor to enter into a KCDA purchasing cooperative agreement #24-130 with Workpointe, for a previously discussed/approved City Council expenditure for the MVLC Library Furniture in the amount of $251,063.39 plus 8.8% WSST of $22,093.58, for a total of $273,156.97. INTRODUCTION/BACKGROUND: New library furniture is needed for use by visitors and staff in the new Library Commons project currently under construction. This furniture includes various tables, chairs and workstations to be located throughout the library commons and public use spaces. MVLC staff working with OAC, HKP and library staff completed the library furniture selection process utilizing three different vendors. The MVLC sourcing team selected a portion of the Furniture package from Workpointe, through their affiliation with KCDA cooperative purchasing agreement #24-130, which provides the City with the best compliant price. FINDINGS/CONCLUSIONS: Please see Introduction narrative. RECOMMENDATION: City Staff recommends City Council authorize the Mayor to enter into a KCDA purchasing cooperative agreement with Workpointe, for a previously discussed/approved City Council expenditure for the MVLC Library Furniture in the amount of $251,063.39 plus 8.8% WSST of $22,093.58, for a total of $273,156.97. ATTACHED: Workpointe Quote K36312, dated 02/21/2024 KCDA Workpointe Purchasing Cooperative Agreement, dated December 20th, 2023  NEW BUSINESS ITEM: I DATE: March 13, 2024 TO: Mayor Donovan and City Council FROM: Chris Phillips, Public Works Director SUBJECT: OPENSQUARE - MOUNT VERNON LIBRARY COMMONS FURNITURE SUPPLY & INSTALL RECOMMENDED ACTION: City Staff recommends City Council authorize the Mayor to enter into a University of Washington cooperative purchase agreement with OpenSquare, for a previously discussed/approved City Council expenditure for the MVLC Library Furniture in the amount of $97,505.38 plus 8.8% WSST of $8,580.47, for a total of $106,085.85. INTRODUCTION/BACKGROUND: New library furniture is needed for use by visitors and staff in the new Library Commons project currently under construction. This furniture includes various tables, chairs and workstations to be located throughout the library commons and public use spaces. MVLC staff working with OAC, HKP and library staff completed the library furniture selection process utilizing three different vendors. The MVLC sourcing team selected a portion of the Furniture package from Workspace Development, LLC dba OpenSquare, through their affiliation with University of Washington cooperative purchasing agreement, which provides the City with the best compliant price. FINDINGS/CONCLUSIONS: Please see Introduction narrative. RECOMMENDATION: City Staff recommends City Council authorize the Mayor to enter into a University of Washington cooperative purchase agreement with OpenSquare, for a previously discussed/approved City Council expenditure for the MVLC Library Furniture in the amount of $97,505.38 plus 8.8% WSST of $8,580.47, for a total of $106,085.85. ATTACHED: OpenSquare Quotation 327398, dated 02/27/2024 University of Washington Intergovernmental Cooperative Purchasing Agreement  NEW BUSINESS ITEM: J DATE: March 13, 2024 TO: Mayor Donovan and City Council FROM: Jennifer Berner SUBJECT: STREET CLOSURE REQUEST FOR CINCO de MAYO PARADE RECOMMENDED ACTION: Staff recommends Council approve the Street Closure Request for the 2024 Cinco de Mayo Parade. INTRODUCTION/BACKGROUND: Latinos in Action, through the Mount Vernon School District, is planning a Cinco de Mayo Pararde in Downtown Mount Vernon along Cleveland Avenue and South 1st Street, starting at Broadway and ending at Montgomery Street. They are requesting closure of nearby streets to accommodate the proposed event. FINDINGS/CONCLUSIONS: For the safety of all participants, Latinos in Action is asking that Cleveland Avenue from the north side of Broadway to the south end of Division be closed beginning May 5th at 1:30pm, reopening on May 5th at 6:30pm. RECOMMENDATION: Staff recommends the approval of the Street Closure Request for the 2024 Cinco de Mayo Parade. ATTACHED: Traffic Plan Event Maps  NEW BUSINESS ITEM: K DATE: March 13, 2024 TO: Mayor Donovan and City Council FROM: Jennifer Berner SUBJECT: STREET CLOSURE REQUEST FOR TULIP FESTIVAL STREET FAIR RECOMMENDED ACTION: Staff recommends Council approve the Street Closure Request for the 2024 Tulip Festival Street Fair. INTRODUCTION/BACKGROUND: The Mount Vernon Downtown Association is hosting the annual Tulip Festival Street Fair on Cleveland Avenue and South 1st Street. They are requesting closure of nearby streets to accommodate the proposed event. FINDINGS/CONCLUSIONS: For the safety of all vendors and participants, the Downtown Association is asking that Cleveland Avenue from the north side of Broadway to the south end of Division be closed beginning April 18th at 2:00pm, reopening on April 21st at 9pm. They are also requesting all intersecting roads be closed to traffic as well; Pine Street, Myrtle Street, Montgomery Street, and Washington Street from Main Street to 2nd Street. RECOMMENDATION: Staff recommends the approval of the Street Closure Request for the 2024 Tulip Festival Street Fair. ATTACHED: Traffic Plan and Event Maps  03/07/2024 1 of 14 NEW BUSINESS ITEM: L DATE: March 6, 2024 TO: Mayor Donovan and City Council FROM: Kevin Rogerson; City Attorney; Stacie Pratschner; Development Services Director SUBJECT: RE: INTERIM ORDINANCE RELATED TO ACCESSORY DWELLING UNITS RECOMMENDED ACTION: The City Attorney and the Development Services Department (“DS” or “the Department”) respectfully request that City Council consider adopting the proposed emergency ordinance to facilitate updates to the accessory dwelling unit (“ADU”) regulations in the Mount Vernon Municipal Code (“the Code” or “MVMC”). INTRODUCTION/BACKGROUND: COUNCIL GUIDANCE. On February 21, 2024, the City Council Development Services Committee directed the Department to prepare a draft housing emergency ordinance in order to facilitate updates to the City’s code to be consistent with House Bill 1337 (“Expanding housing options by easing barriers to the construction and use of accessory dwelling units”). AUTHORITY/PROCEDURES. State law (see e.g. RCW 35A.63.220 and RCW 36.70A.390) authorizes local governments to adopt a moratorium or interim zoning ordinance. An interim zoning regulation is meant to establish emergency or temporary zoning while an agency allows applications or is developing changes to its zoning code. Legislative bodies that adopt interim zoning ordinance without holding a public hearing need to hold a public hearing within at least sixty days of adoption. An interim zoning regulation may be effective for no longer than six months or up to a year if a work plan is developed for related studies. It can also be renewed for additional six-month periods as long as a subsequent public hearing is held prior to each renewal (RCW 36.70A.390). FINDINGS OF FACT. The proposed ordinance (Attachment 1) sets forth proposed findings of fact justifying its adoption. These include the fact that there is an urgent need to increase affordable housing stock, that changes made to state law require the City to make the changes set forth in the proposed interim regulations,  03/07/2024 2 of 14 and that ADU’s are frequently rented below market rate and provide additional housing stop and options. The proposed ordinance provides that a public hearing shall be held within 60 days of its adoption where it shall take testimony and may take further action on the interim ordinance. SCOPE OF EDITS. Attachment 2 demonstrates the proposed updates with a table describing the currently-adopted code and the new provisions. FINDINGS/CONCLUSIONS: See findings set forth in the proposed ordinance justifying its adoption. RECOMMENDATION: The City Attorney and the Development Services Department (“DS” or “the Department”) respectfully request that City Council consider adopting the proposed emergency ordinance to facilitate updates to the accessory dwelling unit (“ADU”) regulations in the Mount Vernon Municipal Code (“the Code” or “MVMC”). ATTACHED: 1. Draft Ordinance. 2. Comparison Table.