City Council

CITY OF MOUNT VERNON CITY COUNCIL MEETING AGENDA May 8, 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 May 8, 2024.) Interpretation services for Community Comments are available on request. Please contact the City at mvmayor@mountvernonwa.gov or 360-336-6211 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 April 24, 2024, Regular Council Meeting minutes B. Approval of May 3, 2024, payroll checks numbered 112466 - 112486 direct deposit checks numbered 100036 – 1100293 and wire transfers numbered 1330 - 1334 in the amount of $1,197,623.30 C. Approval of May 8 2024 Claims numbered 25768 - 25939 in the amount of $2,321,639.91 Mount Vernon City Council Agenda May 8, 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 – Legislative Overview (Washington State Representative Alex Ramel and State Senator Liz Lovelett will provide a recap of the 2024 Legislative session.) (required action – none) (staff contact –Steve Sexton) B. Public Hearing and Approval Ordinance – Interim Accessory Dwelling Unit (ADU) Regulations (This is an open records public hearing and request for approval of Ordinance 3892 amending Chapters 17.73, 17.06, and 17.102 of the Municipal Code adopting interim ADU regulations.) (required action – ordinance) (staff contact – Stacie Pratschner) C. Approval of Agreement – Astound Business Solutions (Staff is requesting approval of an agreement with Astound Business Solutions for fiber services.) (required action – Motion) (staff contact – Mary Thomas) D. Approval of Agreement – Skagit County (Staff is requesting approval of an agreement with Skagit County for technology services.) (required action – Motion) (staff contact – Mary Thomas) E. Approval of Agreement – Skagit County (Staff is requesting approval of an agreement with Skagit County for Laserfiche software.) (required action – Motion) (staff contact – Mary Thomas) F. Approval of Agreement Amendment – Wilson Engineering, LLC (Staff is requesting approval an amendment to agreement 4460 with Wilson Engineering, LLC.) (required action – motion) (staff contact – Chris Phillips) G. Approval of Agreement Amendment – KBA, Inc. (Staff is requesting approval of an amendment to agreement 4198 with KBA, Inc. to provide additional contract management services for fire stations renovation.) (required action – motion) (staff contact – Bryan Brice) H. Bid Award and Approval of Agreement – Granite Construction Company (Staff is requesting approval of the bid award agreement with Granite Construction Company for the 2024 Street Improvements Project.) (required action – motion) (staff contact – Chris Phillips) Mount Vernon City Council Agenda May 8, 2024 Page 3 of 3 7. EXECUTIVE SESSION 8. ADJOURNMENT COMMITTEE MEETING Public Works and Library 6:00 p.m. Next Ordinance 3892 Next Resolution 1056  NEW BUSINESS ITEM: A DATE: May 8, 2024 TO: Mayor Donovan and City Council FROM: Steve Sexton SUBJECT: 2024 LEGISLATIVE UPDATE RECOMMENDED ACTION: None INTRODUCTION/BACKGROUND: Washington State Representative Alex Ramel and State Senator Liz Lovelett will update the City Council on the 2024 Legislative session. FINDINGS/CONCLUSIONS: None RECOMMENDATION: None ATTACHED: None  May 8, 2024: City Council Public Hearing Page 1 of 16 Updated on May 6, 2024. NEW BUSINESS ITEM: B DATE: May 8, 2024 TO: Mayor Donovan and City Council FROM: Stacie Pratschner, Development Services SUBJECT: Interim Accessory Dwelling Unit Regulations, 60-Day Hearing RECOMMENDED ACTION: Council holds a hearing, deliberates, and provides staff with direction regarding adoption of the accompanying Ordinance. INTRODUCTION/BACKGROUND: On March 13, 2024, Council declared an emergency necessitating immediate enaction of interim regulations related to the creation of Accessory Dwelling Units (ADUs) contained in Ordinance 3887 (attached). State law (RCW 36.70A.390 and RCW 35A.63.220) requires Council to hold a public hearing within 60 days of the enactment of interim regulations. The hearing tonight is the required 60-day hearing. FINDINGS/CONCLUSIONS: Please see the accompanying proposed Ordinance containing the findings and conclusions regarding the proposed Ordinance before Council this evening. The draft Ordinance includes proposed updates to the Mount Vernon Municipal Code (MVMC) 17.102.020: Expansion, alteration, or reconstruction of nonconforming buildings utilized for conforming uses. The edits respond to City Councils guidance to remove the requirement for additional parking when an ADU is proposed to be built on a property with an existing home with non-conforming parking. ATTACHED: 1. Ordinance 3887  May 8, 2024: City Council Public Hearing Page 2 of 16 ORDINANCE NO. AN ORDINANCE OF THE CITY OF MOUNT VERNON, WASHINGTON, RATIFYING, RENEWING, CONFIRMING, AND CONTINUING INTERIM LAND USE REGULATIONS PREVIOUSLY ADOPTED BY COUNCIL THROUGH ORDINANCE 3887 PURSUANT TO RCW 35A.63.220 AND RCW 36.70A.390 WITH FURTHER AMENDMENT; RELATING TO ACCESSORY DWELLING UNITS; ADOPTING FINDINGS OF FACT JUSTIFYING ITS ACTION; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE WHEREAS, RCW 36.70A.390 and RCW 35A.63.220 authorizes the City of Mount Vernon to enact interim regulations while new regulations are considered and prepared; and requires the City to hold a public hearing on interim regulations within 60-days of adoption; and WHEREAS, on March 13, 2024, at a regularly scheduled City Council meeting, the City Council declared an emergency and adopted immediate interim regulations by unanimous passage of Ordinance 3887 regulating accessory dwelling units, adopting findings of fact, and directing City staff schedule the necessary public hearings as required by law within 60-days; and WHEREAS, Pursuant to RCW 36.70A.390 and/or RCW 35A.63.220, Ordinance 3887 included a work plan and findings of fact allowing the regulations in this Ordinance to be in effect for up to one year; and WHEREAS, on May 8, 2024, the City held a public hearing regarding the continuation of the interim controls established by Ordinance 3887; and WHEREAS, prior to the May 8, 2024 the City through further review and study finds that the number of new parking spaces required on properties wishing to construct accessory dwelling unit(s) through existing development regulation when legal non-conforming properties wish to construct accessory dwelling units constitutes a further chilling effect on the development of accessory dwelling units; and WHEREAS, the City finds that additional on-site parking to bring legal non-conforming properties into conformance is unnecessary; and WHEREAS, to address the concerns regarding the number of parking spaces on sites where accessory dwelling units could be developed this Ordinance further amends regulations set forth in MVMC 17.102.020, Expansion, alteration, or reconstruction of nonconforming buildings utilized for conforming uses to address additional on-site parking space concerns as set forth therein; and WHEREAS, the City finds an emergency continues to exists as set forth in Ordinance No. 3887 and that there remains an urgent need to increase overall the affordable housing inventory in the City to mitigate the impacts of homelessness and financial strain being suffered by individuals and families. NOW THEREFORE THE CITY COUNCIL OF THE CITY OF MOUNT VERNON, WASHINGTON, DO ORDAIN AS FOLLOWS: Ordinance Page 1 of 5  May 8, 2024: City Council Public Hearing Page 3 of 16 SECTION 1. RECITALS INCORPORATED. City Council adopts the recitals set forth above as additional findings of fact justifying adoption of this Ordinance and reaffirms the adoption of the findings in Ordinance 3887 enacting 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 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 3887: SECTION 2. ADDITIONAL FINDINGS. The City Council adopts these additional findings and conclusions: 1. After hearing all public testimony, reviewing staff reports, the City’s Comprehensive Plan and the legislative record in its entirety the City Council finds that: i) an emergency exists, and ii) the continuance of interim controls regulating accessory dwelling units, as amended, is justified until the City can fully study the issue and that permanent development regulations be adopted through the City’s normal legislative process; and 2. Continuing Ordinance 3887 as amended herein with the new on-site parking regulations contained with this Ordinance, are necessary for the immediate preservation of the public welfare, economic vitality, and continued creation of housing until additional review has been completed, any necessary code revisions have been adopted by the City Council and is a legitimate exercise of the City’s police power. 3. The work plan adopted with Ordinance 3887, which includes tasks for related studies with target completion dates providing for a longer period than six months, remains in place to justify the interim regulations being in place for more than six months. SECTION 3. That the City Council hereby ratifies, continues, and renews the interim controls and zoning regulations in their entirety adopted through Ordinance 3887 as amended herein and its associated attachments. The interim regulations in Ordinance 3887 along with amendments herein the new on-site parking regulations contained within this Ordinance, will remain in effect until the City completes the otherwise required legislative process for the adoption of code amendments. City Council shall make a 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 this Ordinance and Ordinance 3887 until the City’s review has been completed. SECTION 4. That Mount Vernon Municipal Code 17.102.020, Expansion, alteration, or reconstruction of nonconforming buildings utilized for conforming uses, be amended as follows: A. Ordinary maintenance and repair of a nonconforming building or structure and its equipment or fixtures are permitted; provided, that the value of the repair does not exceed 50 percent of the fair market value as established by an insurance company, appraisal, or other equal and fair method. If a nonconforming building is damaged or destroyed by fire, earthquake, explosion, act of God, or public enemy, or other similar event beyond the control of the property owner, it may be reconstructed to the extent of 100 percent of the replacement cost of the structure. Such damaged or destroyed building or structure may be reconstructed and utilized for any conforming use based on dimensions that do not exceed those contained in the footprint at the time of the damage or destruction, and within the height of the structure at the time of the damage or destruction, and except for any applicable setback provisions, must conform to the building code and applicable underlying zoning district development Ordinance Page 2 of 5  Please Note: The proposed changes to MVMC 17.102.020 are identified in red, underlined, font. The remaining text is that which was previously adopted via Ordinance 3887 standards for reconstruction of nonconforming structures; provided, that (1) application is made for the permits necessary to restore the building within six months of the date the damage occurred, (2) all permits are obtained, and (3) the restoration is completed within two years of permit issuance. B. Except as set out below, an existing nonconforming building or structure utilized for a conforming use may be enlarged or expanded only if it conforms to the regulations of this document and of the building code such that, when completed, it will no longer be a nonconforming building or structure. Structures or buildings located within the “urban mixed-use” environmental designation under the city’s shoreline master program (or any successor thereto) that were (1) legally established; and (2) are utilized for a conforming use; but (3) are nonconforming with regard to setback requirements may be enlarged or expanded and utilized for any conforming use under the applicable zoning classification; provided, that any such enlargement or expansion: (4) does not result in a further extension of the building footprint into restricted setbacks under the applicable zoning classification; (5) does not extend the footprint of the structure any closer to the shoreline than the current design; (6) will not interfere with or obstruct dedicated public access routes to the shoreline, per applicable requirements set out herein; (7) will meet any construction standards enacted by the city to protect adjacent flood risk reduction structures; and (8) will otherwise adhere to underlying development and building regulations. C. Existing structures shall not be considered nonconforming when being converted to an accessory dwelling unit if they violate current code requirements for setbacks or lot coverage. D. Existing structures and sites shall not be considered nonconforming when accessory dwelling unit(s) are constructed within or attached to an existing structure, or when accessory dwelling unit(s) are constructed on a site when the existing code requirements for off-street parking are not code compliant. SECTION 5. The Mount Vernon Municipal Code 17.73.110, Accessory Dwelling Units, is amended as follows: MVMC 17.73.110.B.5 is removed: “The accessory and principal dwelling unit(s) shall comply with all applicable requirements of the building, fire, and zoning codes in effect when a technical complete application for an accessory dwelling unit is submitted to the city.” MVMC 17.73.B.9.b. is amended to read: “The subject lot ceases to maintain the number of off- street parking spaces required for the Accessory Dwelling Unit under MVMC 17.73.110(4).” SECTION 6. EFFECTIVE PERIOD. This ordinance shall apply for a maximum of one year from the adoption of Ordinance 3887 unless earlier terminated or not renewed after a subsequent public hearing is held. SECTION 7. CITY TO CONSIDER PERMANENT REGULATIONS. The City Council hereby directs that the City’s Development Services Department continue research on ways to encourage accessory dwelling units, and to continue with drafting proposed permanent regulations to be considered through the City’s public participation process including allowing for public input and providing for public hearings before the Planning Commission and City Council. Ordinance Page 3 of 5 SECTION 8. SEVERABILITY. 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. SECTION 9. EFFECTIVE DATE AND DECLARATION OF EMERGENCY. The City Council hereby declares that an emergency exists necessitating that this Ordinance take effect immediately upon passage by a majority plus one of the whole membership of the Council, and that the same is not subject to a referendum. The adoption of the interim regulations within this Ordinance need to be immediately implemented to address the on-going housing crisis. This Ordinance will not affect any existing rights, or any vested applications previously submitted to the City. SECTION 10. ORDINANCE TO BE TRANSMITTED TO DEPARTMENT. Pursuant to RCW 36.70A.106, this Interim Ordinance shall be transmitted to the Washington State Department of Commerce as required by law. PASSED AND ADOPTED this 8th day of May, 2024 ________________________________ Peter Donovan, Mayor SIGNED AND APPROVED this ____ day of ____, 2024. ________________________________ Becky Jensen, City Clerk Approved as to form: __________________________________ Kevin Rogerson, City Attorney Published _________________ Ordinance Page 4 of 5  May 8, 2024: City Council Public Hearing Page 6 of 16 EXHIBIT A ORDINANCE 3887 Ordinance Page 5 of 5 May 8, 2024: City Council Public Hearing Page 7 of 16 May 8, 2024: City Council Public Hearing Page 8 of 16 May 8, 2024: City Council Public Hearing Page 9 of 16 May 8, 2024: City Council Public Hearing Page 10 of 16 for the Accessory Dwelling Unit May 8, 2024: City Council Public Hearing Page 11 of 16 May 8, 2024: City Council Public Hearing Page 12 of 16 May 8, 2024: City Council Public Hearing Page 13 of 16 May 8, 2024: City Council Public Hearing Page 14 of 16 May 8, 2024: City Council Public Hearing Page 15 of 16 May 8, 2024: City Council Public Hearing Page 16 of 16  NEW BUSINESS ITEM: C DATE: May 8, 2024 TO: Mayor Donovan and City Council FROM: Mary Thomas, IT Director SUBJECT: ASTOUND BUSINESS SOLUTIONS FIBER SERVICES AGREEMENT RECOMMENDED ACTION: Approval of a fiber services agreement with Astound Business Solutions from May 2024 to May 2029 INTRODUCTION/BACKGROUND: The agreement will allow Astound Business Solutions to provide lit fiber services within the City of Mount Vernon’s Open Fiber Network FINDINGS/CONCLUSIONS: Click here to enter text. RECOMMENDATION: Motion to approve the Mayor to sign the agreement with Astound Business Solutions ATTACHED: Fiber Services Agreement  NEW BUSINESS ITEM: D DATE: May 8, 2024 TO: Mayor Donovan and City Council FROM: Mary Thomas, IT Director SUBJECT: INTERLOCAL AGREEMENT WITH SKAGIT COUNTY FOR PUBLIC SAFETY SYSTEM RECOMMENDED ACTION: Motion to approve the Interlocal Agreement with Skagit County for the Public Safety System (Spillman) INTRODUCTION/BACKGROUND: The City of Mount Vernon Police Department utilizes the public safety software program, Spillman, that is provided through Skagit County. This interlocal agreement addresses that system, it specific terms and conditions as well as other requirements by both the City and the County. FINDINGS/CONCLUSIONS: Click here to enter text. RECOMMENDATION: Motion to approve the Interlocal Agreement with Skagit County for the Public Safety System ATTACHED: Interlocal Agreement Exhibit A - Technical SLA Terms Exhibit B – Technical Services SPSS Exhibit C – Data Sharing Agreement  NEW BUSINESS ITEM: E DATE: May 8, 2024 TO: Mayor Donovan and City Council FROM: Mary Thomas, IT Director SUBJECT: INTERLOCAL AGREEMENT WITH SKAGIT COUNTY FOR LASERFISHE FOR COURTS RECOMMENDED ACTION: We request a motion to allow the Mayor to sign the Interlocal Agreement with Skagit County for Laserfishe services for the Municipal Court INTRODUCTION/BACKGROUND: Skagit County is providing laserfishe services that will help to streamline the Municipal and Superior court case management. FINDINGS/CONCLUSIONS: Click here to enter text. RECOMMENDATION: Motion to allow the Mayor to sign the Interlocal Agreement with Skagit County ATTACHED: Interlocal Agreement with Skagit County Exhibit A – Technical SLA Terms and Conditions Exhibit B – Technical Services Courts Exhibit C – Data Classification  NEW BUSINESS ITEM: F DATE: May 8, 2024 TO: Mayor Donovan and City Council FROM: Chris Phillips – Public Works Director SUBJECT: COMBINED SEWER SEPARATION FEASIBILITY STUDY CONTRACT AMENDMENT 1 RECOMMENDED ACTION: City Staff recommends City Council authorize the Mayor to amend the agreement with Wilson Engineering not to exceed the amount of $94,023 for a contract grand total of $693,496. As City Council is aware, Public Works has an approved Public Works Trust Fund loan for this project in the amount of $750,000. INTRODUCTION/BACKGROUND: City Staff is completing a Combined Sewer Separation Feasibility Study to determine estimated construction costs and if separating Storm and Sewer systems is possible. FINDINGS/CONCLUSIONS: Estimated completion date is December 2024. RECOMMENDATION: City Staff recommends City Council authorize the Mayor to amend the agreement with Wilson Engineering not to exceed the amount of $94,023 for a contract grand total of $693,496. ATTACHED: Contract Amendment  NEW BUSINESS ITEM: G DATE: May 8, 2024 TO: Mayor Donovan and City Council FROM: Bryan Brice, Fire Chief SUBJECT: PROFESSIONAL SERVICES AGREEMENT EXTENSION FOR CONSTRUCTION MANAGEMENT WITH KBA RECOMMENDED ACTION: Staff recommends that the City Council approve the supplemental agreement for KBA, Inc. to increase the contract value and extend the project duration, and authorize the Mayor to execute the amended contract.. INTRODUCTION/BACKGROUND: The Mount Vernon Fire Department has been actively working on the renovation and addition projects at Fire Station 2 and Fire Station 3 to improve operational capabilities and address infrastructure needs. KBA, Inc. was initially contracted to manage these construction efforts based on their extensive experience and prior successful projects within the city. FINDINGS/CONCLUSIONS: Since the commencement of the projects, there have been significant challenges that have extended the project timelines and increased costs: •Duration and Scope Expansion: Original estimates planned for 518 calendar days of work which has now expanded to 817 days due to unforeseen complexities. • Increased Costs: Professional labor rates and material costs have increased post-COVID, contributing to a substantial rise in project expenses. • Extensive Requirements: High numbers of RFIs and Change Orders have necessitated additional management efforts. The detailed cost-to-complete estimate and a comparison with the original contracted amounts have been reviewed, demonstrating the necessity for additional resources to successfully complete the projects. PROPOSED SUPPLEMENT REQUEST: KBA, Inc. has formally requested an increase in the maximum contract value to $960,817, an increase of $349,898, and an extension of the project timeline to December 31, 2024, to accommodate the added scope and time requirements. RECOMMENDATION: Given the detailed analysis and the critical nature of the Fire Department’s facilities to city operations, staff recommends approval of this supplemental request. Approving this amendment will ensure that the renovation and additions at Fire Stations 2 are completed to the highest standards while accommodating the unforeseen complexities encountered during the projects. ATTACHED: Contract Amendment Professional Services Agreement Contract Supplement Letter Exhibit 1-A Exhibit 1-B  NEW BUSINESS ITEM: H DATE: May 8, 2024 TO: Mayor Donovan and City Council FROM: Chris Phillips – Public Works Director SUBJECT: BID AWARD: 2024 STREET IMPROVEMENTS – 2024- ITB- 006 RECOMMENDED ACTION: Staff recommends a motion be made by Council to award the 2024 Street Improvements project to Granite Construction Company for the bid amount of $1,005,597. INTRODUCTION/BACKGROUND: The project includes grinding of existing asphalt roadway, roadway excavation and repair as needed, and resurfacing with Hot Mix Asphalt (HMA). The streets to be resurfaced are:  S 15th Street (Broadway to Division)  Martin Road (College Way to McLaughlin Road)  Kincaid Street (2nd to 3rd), 2nd Street (Kincaid to Broadway), Broadway (2nd to 3rd), 3rd Street (Broadway to Kincaid) FINDINGS/CONCLUSIONS: Three bids were received on April 16, 2024, ranging in price from $1,005,597.00 to $1,239,862.20, with the low bid provided by Granite Construction Company. The bid provided by Granite was found to be responsive and prepared in accordance with the contract documents. The estimated construction cost for the project was $1,360,790.20. RECOMMENDATION: Staff recommends Council award the construction bid for the2024 Street Improvements project to Granite Construction Company, in the amount of $1,005,597. ATTACHED: Bid Tabulation Vicinity Map