City Council

CITY OF MOUNT VERNON CITY COUNCIL MEETING AGENDA August 14, 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 the meeting date.) 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 July 24, 2024, Regular Council Meeting minutes B. Approval of July 31, 2024 Special Meeting minutes C. Approval of July 19, 2024 Payroll checks numbered 112633 - 112654 direct deposit checks numbered 101635 - 101915, and wire transfers numbered 1359 - 1363 in the amount of $1,314,457.06 D. Approval of August 14, 2024, Claims numbered 26740 - 27025 in the amount of $2,962,737.02 E. Approval of Agreement – Glenn Simmons Mount Vernon City Council Agenda August 14, 2024 Page 2 of 3 F. Approval of Agreement – North Sound Behavioral Health G. Approval of Agreement Amendment – Tammy Jackson H. Approval of Agreement – Public Sector Personnel Consultants 5. REPORTS A. Committees 1. Public Works and Library 2. Finance & Parks and Enrichment Services 3. Public Safety B. Councilmember Comments C. Mayor’s Report D. Committee Agenda Requests 6. NEW BUSINESS A. Presentation – Volunteers of America (Volunteers of America representative Chuck Messinger will update Council on the status of the Skagit County Coordinated Entry Program.) (required action – none) (staff contact – Steve Sexton) B. Approval of Street Closure Requests (Staff is requesting approval of street closures for five upcoming events.) (required action – motion) (staff contact – Jennifer Berner) C. Approval of Agreement – Mackenzie, Inc. (Staff is requesting approval of an agreement with Mackenzie, Inc. to provide design services for Fire Station 1, Phase 1 Construction.) (required action – motion) (staff contact – Bryan Harris) D. Approval of Agreement – Transportation Solutions, Inc. (TSI) (Staff is requesting approval of an agreement with TSI for traffic data and analysis services related to the Comprehensive Plan’s transportation model.) (required action – motion) (staff contact – Stacie Pratschner) E. Approval of Ordinance – Parking (Staff is requesting approval of interim parking requirements for single-family residences related to SB 6015, with the adoption of Ordinance 3894.) (required action – ordinance) (staff contact – Stacie Pratschner) F. Approval of Ordinance – Solid Waste Rates (Staff is requesting approval of 2024-2028 Solid Waste Rates, with the adoption of Ordinance 3894.) (required action – ordinance) (staff contact – Chris Phillips) G. Approval of Agreement Amendment – OAC Services, Inc. (Staff is requesting approval of an amendment to agreement 4199, with OAC Services, Inc. for additional construction management services for the Mount Vernon Library Commons Project.) (required action – motion) (staff contact –Chris Phillips) Mount Vernon City Council Agenda August 14, 2024 Page 3 of 3 H. Mount Vernon Library Commons Project Cost Update (Staff will provide an update of the overall project cost update for the Mount Vernon Library Commons Project.) (required action – none) (staff contact – Chris Phillips) 7. EXECUTIVE SESSION 8. ADJOURNMENT Next Ordinance 3894 Next Resolution 1058  CONSENT ITEM: E DATE: August 14, 2024 TO: Mayor Donovan and City Council FROM: Kevin Rogerson; City Attorney SUBJECT: RE: SETTLEMENT AND RELEASE AGREEMENT RECOMMENDED ACTION: Approve the Settlement INTRODUCTION/BACKGROUND: Mount Vernon was named in a lawsuit by Glenn E. Simmons due to a dispute that arose in regard to the City’s response to Mr. Simmons multiple 2023 Public Records Requests. To avoid the cost and uncertainty of litigation the parties reached a compromise in order to settle the dispute and settle all rights and obligations in connection with the Action and any pending and closed Public Records Requests. The parties agree to settle by providing Mr. Simmons printed copies of responsive records to his request, as amended under his clarification dated October 20. 2023, without charge and payment of the sum set forth in the settlement agreement in exchange for dismissal with prejudice. The parties further agree that each Party shall bear his or its own attorneys’ fees and costs in connection with the dispute. FINDINGS/CONCLUSIONS: The Settlement is acceptable to the City RECOMMENDATION: Approval ATTACHED: Settlement and Release Agreement and Stipulation and Joint Motion to Dismiss under CR 41  CONSENT ITEM: F City of MOUNf VERNON DATE: August 14, 2024 TO: Mayor Peter Donovan and City Council FROM: Police Chief Dan Christman SUBJECT: INTERLOCAL AGREEMENT WITH NORTHSOUND BH-ASO - PD IOS PROGRAM RECOMMENDED ACTION: REQUESTING COUNCIL APPROVAL FOR THE MAYOR TO ENTER INTO AN AMENDED INTERLOCAL AG REMENT WITH NORTHSOUND BEHAVIORAL HEALTH ADMINISTRATIVE SERVICES ORGANIZATION TO REIMBURSE COSTS ASSOCIATED WITH THE POLICE DEPARTMENT'S INTEGRATED OUTREACH SERVICES. INTRODUCTION/BACKGROUND: In March 2023, the City Council approved the mayor to enter into an interlocal agreement with the NS BH-ASO for staff and program funding for Integrated Outreach Services (I0S). The BH-ASO operates on a July 1 to June 30 fiscal budget calendar whereas the city operates on a calendar year. On June 30, 2024, the interlocal agreement technically ended, but the new contract was not signed at that time. All costs associated with this ILA were outlined in our approved 2024 Police Department budget. FINDINGS/CONCLUSIONS: The interlocal agreement addendum provides planned funding to improve the police department's ability to effectively respond to an increasing number of behavioral health emergencies and service calls reported through the 911 system. RECOMMENDATION: Requesting the City Council approve the Mayor to enter into the amended interlocal agreement with North Sound Behavioral Health Services Organization for Integrated Outreach Services staff and programming cost reimbursement. ATTACHED: lnterlocal Agreement, and Exhibit A: NS BH-ASO Contract Amendment 3 / Contract #North Sound HB­ ASO City of Mount Vernon lnterlocal Co-Responder 2023-24.  CONSENT ITEM: G DATE: August 14, 2024 TO: Mayor Donovan and City Council FROM: Steve Sexton, Special Projects Manager SUBJECT: CONTRACT EXTENSION FOR CDBG CONSULTING SERVICES RECOMMENDED ACTION: Council approval on the Contract Extension with Tammy Jackson INTRODUCTION/BACKGROUND: Tammy Jackson is the Consultant assisting the City with the annual distribution of CDBG funds, and all follow up reporting required by HUD. The current contract for this service expires August 30, 2024, and this amendment would extend that date for one year. FINDINGS/CONCLUSIONS: None. RECOMMENDATION: Council approval of the amendment to the current contract with Tammy Jackson for CDBG consulting services and authorize the Mayor’s signature. ATTACHED: Agreement amendment  CONSENT ITEM: H DATE: August 14, 2024 TO: Mayor Donovan and City Council FROM: Erin Keator, Human Resources Director SUBJECT: NON-REPRESENTED COMPENSATION STUDY PROFESSIONAL SERVICES AGREEMENT RECOMMENDED ACTION: Staff recommends that Council authorize the Mayor to sign the Professional Services Agreement with Public Sector Personnel Consultants (PSPC) allowing PSPC to conduct a compensation study on our non- represented positions. INTRODUCTION/BACKGROUND: There is a need to conduct a compensation study on non-represented positions. In 2021 we conducted a classification and compensation study. In May 2022 we adjusted the non-represented salary schedule based on the results of the 2021 study. Since the 2022 implementation there have been high CPIs resulting in high cost of living adjustments at our comparable and competitive jurisdictions. We are finding it difficult to recruit positions due to lower wages. The compensation study would only focus on base wages, not job classifications or benefits. We conduct compensation studies for our represented employees’ positions when we are in negotiations with the bargaining unit. FINDINGS/CONCLUSIONS: Click here to enter text. RECOMMENDATION: Staff recommends that Council authorize the Mayor to sign the Professional Services Agreement with Public Sector Personnel Consultants (PSPC) allowing PSPC to conduct a compensation study on our non- represented positions. ATTACHED:  NEW BUSINESS ITEM: A DATE: August 14, 2024 TO: Mayor Donovan and City Council FROM: Steve Sexton, Special Projects Manager SUBJECT: PRESENTATION ON SKAGIT COUNTY COORDINATED ENTRY SYSTEM RECOMMENDED ACTION: None INTRODUCTION/BACKGROUND: Coordinated Entry is an established process to quickly and equitably coordinate the access, assessment, prioritization and referrals to housing and services for people experiencing or at imminent risk of homelessness. On February 1 of this year, Western Washington Volunteers of America took over the Coordinated Entry system in Skagit County. Chuck Messinger, Skagit County Coordinated Entry Program Manager will update the Council on the status of the program. FINDINGS/CONCLUSIONS: None RECOMMENDATION: None…Presentation only ATTACHED: None  NEW BUSINES ITEM: B1 DATE: August 14, 2024 TO: Mayor Donovan and City Council FROM: Jennifer Berner SUBJECT: TEMPERATE HABITS ANNIVERSARY CELEBRATION STREET CLOSURE RECOMMENDED ACTION: Staff recommends that City Council approve the street closure of Gates Street between 1st Street and 2nd Street (See Attached Map) to vehicular traffic on Saturday, August 17th, 2023, from 10:00 am to 10:00 pm. INTRODUCTION/BACKGROUND: Temperate Habits Brewing Co opened during the Pandemic in 2020. On August 17th they have scheduled an event to celebrate the 4th anniversary of opening. They will provide live entertainment and a beer garden on Gates Street adjacent to their establishment. FINDINGS/CONCLUSIONS: In order to provide a safe location for patrons to celebrate together, Temperate Habits is requesting the closure of Gates Street adjacent to their establishment on Saturday August 17th from 10am to 10pm. RECOMMENDATION: Staff recommends the approval of the requested street closure. ATTACHED: Street Closure Map.  NEW BUSINESS ITEM: B2 DATE: August 14, 2024 TO: Mayor Donovan 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 September 6, 2024. 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 2pm to 7pm on Friday September 6, 2024. 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 September 6, 2024. ATTACHED: Street Closure Request Map  NEW BUSINESS ITEM: B3 DATE: August 14, 2024 TO: Mayor Donovan and City Council FROM: Jennifer Berner, Director SUBJECT: STREET CLOSURE REQUEST – BREWFEST ON THE SKAGIT RECOMMENDED ACTION: Staff recommends Council approve the Street Closure Request for Saturday September 7, 2024. INTRODUCTION/BACKGROUND: BrewFest on the Skagit will be moving to a new location along the Skagit River. In previous years the event has been held on the west side of Mount Vernon at Edgewater Park. This year the Mount Vernon Chamber of Commerce has taken over the coordination of the event and will relocate the event to the Commercial Cold Storage parking lot. FINDINGS/CONCLUSIONS: For the safety of all event participants, and to provide extra space for vendors, staff recommends the closure of S 1st Street from Snoqualmie Street to W Kincaid, and W Broadway from Cleveland to S 1st Street from 8am to 10pm on Saturday September 7, 2024. RECOMMENDATION: Staff recommends Council approve the closure of S 1st Street from Snoqualmie Street to W Kincaid and close W Broadway from Cleveland to S 1st Street. ATTACHED: Street Closure Map  NEW BUSINESS ITEM: B4 DATE: August 14, 2024 TO: Mayor Donovan and City Council FROM: Jennifer Berner, Director SUBJECT: STREET CLOSURE REQUEST – HOOP FOR THE VALLEY RECOMMENDED ACTION: Staff recommends Council approve the Street Closure Request for Saturday August 24, 2024 through Sunday August 25, 2024. INTRODUCTION/BACKGROUND: HoopFest is a 3 on 3 basketball tournament brought to Mount Vernon by Hoop for the Valley, LLC. The event will host youth and adult basketball tournaments on Saturday August 24th and Sunday August 25th along the Skagit River. Temporary basketball courts will be brought to the Commercial Cold Storage parking lot and the city parking lot to the north of the CCS lot. FINDINGS/CONCLUSIONS: For the safety of all event participants, spectators, and volunteers, staff is requesting the closure of S 1st Street between Snoqualmie Street and W Kincaid Street, W Broadway Street from Cleveland Avenue to S 1st Street, and Main Street from W Kincaid Street to Pine Street from 6am Saturday August 24th, 2024 to 9pm Sunday August 25, 2024. RECOMMENDATION: Staff recommends Council approve the closure of S 1st Street between Snoqualmie Street and W Kincaid Street, W Broadway Street from Cleveland Avenue to S 1st Street, and Main Street from W Kincaid Street to Pine Street on Saturday August 24, 2024 through Sunday August 25, 2024. ATTACHED: Street Closure Map  NEW BUSINESS ITEM: B5 DATE: August 14, 2024 TO: Mayor Donovan and City Council FROM: Jennifer Berner, Parks & Recreation Director SUBJECT: STREET CLOSURE REQUEST – LIBRARY COMMONS GRAND OPENING RECOMMENDED ACTION: Staff recommends Council approve the Street Closure Request for Saturday September 28, 2024. INTRODUCTION/BACKGROUND: The Library Commons grand opening is scheduled for Saturday September 28, 2024. Constituents from Local, State, and Federal agencies have been invited to recognize the completion of this major project. The event will take place 10am to 12pm on W Kincaid Street along side the building. FINDINGS/CONCLUSIONS: To accommodate the celebration of the opening of the new Library Commons, staff is requesting the closure of W Kincaid Street from 6am to 4pm on Saturday September 28, 2024. RECOMMENDATION: Staff recommends Council approve the closure of W Kincaid Street between S 2nd Street and S 3rd Street on Saturday September 28, 2024. ATTACHED: Street Closure Request and Event Traffic Map  NEW BUSINESS ITEM: C DATE: August 14, 2024 TO: Mayor Donovan and City Council FROM: Assistant Fire Chief Bryan Harris SUBJECT: CONTRACT FOR SERVICES MACKENZIE INC RECOMMENDED ACTION: Staff recommends council approve the mayor to enter into contract agreement with Mackenzie Inc. INTRODUCTION/BACKGROUND: Council directed staff to proceed with the design build of a new fire station 1. Using the request for qualifications process (RFQ) staff selected the firm (Mackenzie Inc.) that best meet the needs in responsiveness’ to the requested scope of work. FINDINGS/CONCLUSIONS • Submitted firms meeting qualifications Carletti Architects Mackenzie Inc. RECOMMENDATION: Approval ATTACHED: Scope of work and general contract.  NEW BUSINESS ITEM: D DATE: August 14, 2024 TO: Mayor Donovan and City Council FROM: Stacie Pratschner, Development Services Director SUBJECT: REQUEST TO AUTHORIZE MAYOR TO ENTER INTO A CONTRACT WITH TSI IN SUPPORT OF THE 2025 COMPREHENSIVE PLAN UPDATE RECOMMENDED ACTION: The Development Services Department respectfully requests that the City Council consider authorizing the Mayor to enter into a contract with TSI for purposes of supporting the periodic update of the Comprehensive. INTRODUCTION/BACKGROUND: Development Services (DS) requests that a contract be established with Transportation Solutions, Inc (TSI) to assist in the update of the Transportation Element of the Comprehensive Plan. Contracted work will include traffic forecast modeling and Level of Service (LOS) analysis of existing intersections. The contracted work is expected to be complete by December 31, 2024. RECOMMENDATION: DS recommend that the City Council consider authorizing the Mayor to enter into a contract with TSI for purposes of supporting the development of an updated Transportation Element for the City’s Comprehensive Plan. ATTACHED DRAFT CONTRACT AND PSA  NEW BUSINESS ITEM: E DATE: August 14, 2024 TO: Mayor Donovan and City Council FROM: Kevin Rogerson; City Attorney; Stacie Pratschner; Development Services Director SUBJECT: INTERIM ORDINANCE RELATED TO RESIDENTIAL PARKING 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 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”). On July 17, the DS Committee directed the Department to draft interim regulations per the same Emergency Ordinance to update off-street parking regulations. 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. The purpose of proposing reduced parking requirements for new homes is to help reduce the overall costs that are added to new housing. The draft ORD also includes updates to implement SSB 6015. FINDINGS/CONCLUSIONS: See findings set forth in the proposed ordinance justifying its adoption. RECOMMENDATION: The City Attorney and the Development Services Department respectfully request that City Council consider adopting the proposed emergency ordinance to facilitate updates to the parking regulations in the MVMC. ATTACHED: 1. Draft Ordinance.  NEW BUSINESS ITEM: F DATE: August 14, 2024 TO: Mayor Donovan and City Council FROM: Chris Phillips – Public Works Director SUBJECT: 2024-2028 SOLID WASTE RATE STUDY RECOMMENDED ACTION: City Council authorize the Mayor to implement the 2024-2028 Solid Waste Rates as stated in the accompanying Ordinance. INTRODUCTION/BACKGROUND: City Contractor, Mr. Chris Bell presented recommended changes to the 2022 Solid Waste Rate Study due to significant increase to County Transfer fees (increase of $27 per ton effective September 1, 2024), city salary schedule increases, and utility administration/material/supply increases associated with the current economic state resulting in a negative Solid Waste Utility Fund balance. FINDINGS/CONCLUSIONS: By implementing the following Solid Waste Utility rates, the Solid Waste Utility Enterprise Fund will increase its balance to $1.2M which is ~17% of its operating fund and provide approximately 3 months of operating capital in case an emergent issue arises. This is in line with the City’s General Fund balance reserves. RECOMMENDATION: City Council authorize the Mayor to implement the 2024-2028 Solid Waste Rates as stated in the accompanying Ordinance. ATTACHED: Ordinance attached.  NEW BUSINESS ITEM: G DATE: August 14, 2024 TO: Mayor Donovan and City Council FROM: Chris Phillips – Public Works Director SUBJECT: MOUNT VERNON LIBRARY COMMONS OAC CONSTRUCTION MANAGEMENT CONTRACT AMENDMENT RECOMMENDED ACTION: City Staff recommends City Council authorize the Mayor to amend the Mount Vernon Library Commons construction management contract with OAC by $148,941.00 for construction management services. INTRODUCTION/BACKGROUND: OAC Services, Inc. was contracted to provide Project Management services from March 1st, 2022 through completion which was expected to last through February of 2024. Due to issues arising with utility coordination early in the project, design changes during construction, and material supply chain issues, Change Order 1 was issued to accommodate substantial completion delay until June of 2024, with final completion in July of 2024 and the end of the warranty period in Q3 of 2025. At present, substantial completion is expected in September of 2024, with final completion in October of 2024 and the end of the warrantee period in Q4 of 2025. OAC is seeking to amend the contract to continue providing Project Management services through closeout and the end of the warranty period in 2025. FINDINGS/CONCLUSIONS: MVLC OAC Contract Amendment is required to coordinate and facilitate dynamic communication amongst principal contractors and city staff in order to complete the project in a timely manner. RECOMMENDATION: City Staff recommends City Council authorize the Mayor to amend the Mount Vernon Library Commons construction management contract with OAC by $148,941.00 for construction management services. ATTACHED: OAC Change Order PDF  NEW BUSINESS ITEM: H DATE: August 14, 2024 TO: Mayor Donovan and City Council FROM: Chris Phillips – Public Works Director SUBJECT: LIBRARY COMMONS PROJECT – OVERALL PROJECT COST AMENDMENT RECOMMENDED ACTION: City Staff recommends City Council authorize the Mayor to amend the overall project cost from $53,452,505 to $61,113,739. There will be no financial impact to Mount Vernon residents as all costs are covered by a mosaic of Federal, State and County funding sources. INTRODUCTION/BACKGROUND: City Council was previously briefed by MVLC Construction Project Manager, OAC, in June 2024 noting the increased costs associated with the Buy America, logistics and supply chain management delays. Although the MVLC overall project costs have increased, they are 100% covered by a Federal Grant funding mosaic and will not adversely affect the General and/or any Enterprise Funds. FINDINGS/CONCLUSIONS: As previously noted, although the cost of the MVLC Project has increased, there will be absolutely “zero” impact to the General and/or Enterprise Funds. RECOMMENDATION: City Staff recommends City Council authorize the Mayor to amend the overall project cost from $53,452,505 to $61,113,739. There will be no financial impact to Mount Vernon residents as all costs are covered by a mosaic of Federal, State and County funding sources. ATTACHED: MVLC Budget Tracker PDF