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City Council

Regular Meeting

Mount Vernon, WA · March 13, 2019

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Minutes

Mount Vernon City Council Regular Meeting Minutes March 13, 2019 The meeting was called to order by Mayor Boudreau at 7:00 p.m. Present: Councilmembers Beaton, Brocksmith, Carías, Hudson, Hulst, Moberg; Councilmember Molenaar had been excused Staff Present: Police Chief Dodd, Project Development Manager Donovan, City Attorney Rogerson, Finance Director Volesky, Development Services Director Phillips, Public Works Director Bell, Parks and Enrichment Services Director King, Public Works Assistant Director Love, Senior Engineer Christen, Senior Planner Bradley- Lowell Citizens Present: 6 CONSENT AGENDA A. Approval of February 20, 2019 Study Session Minutes B. Approval of February 27, 2019 Regular Council Meeting Minutes C. Approval of March 5, 2019 payroll checks numbered 109061 - 109097 direct deposit checks numbered 70045 - 70287, and wire transfers numbered 709 – 713 in the amount of $940,900.54 D. Approval of March 13, 2019 Claims numbered 2711 – 2906 in the amount of $944,415.44 Councilmember Hulst moved to approve the consent agenda items A-D. Motion seconded by Councilmember Hudson. Motion carried 7-0. REPORTS A. Committees 1. Development Services: for details see Committee minutes 2. Public Works and Library: for details see Committee minutes B. Community Comments • Dale Ragan – Local resident. Read in the local newspaper that the homeless shelter permit has expired and is concerned about the agreement ending. Requested council to consider the residents of Mount Vernon affected by this closure. Would like to see shelter coverage for the entire year. C. Councilmember Comments • None D. Mayor’s Report • Reminded council of upcoming Mayor coffee sessions at the Fire Stations. E. Committee Agenda Requests • None UNFINISHED BUSINESS • None Mount Vernon City Council March 13, 2019 Page 2 of 3 NEW BUSINESS A. Approval of Agreement with nCourt: Mr. Volesky requesting the Council to authorize the Mayor to enter into an agreement with nCourt LLC to provide the Mount Vernon Municipal Court with an electronic payment processing program. Councilmember Hudson moved to authorize the Mayor to enter into an agreement with nCourt LLC to provide the Mount Vernon Municipal Court with an electronic payment processing program. Motion seconded by Councilmember Carías. Motion carried 7-0. B. Final Plat Approval of Montreaux, Phase II: Ms. Lowell requested the Council to adopt resolution 961 to approve the final plat of Montreaux, Phase II. This subdivision will create 41 new single- family residential lots along with tracts for landscape/open space, critical areas, forested buffers and parks. Councilmember Hulst moved to adopt Resolution 961 to approve the final plat of Montreaux, Phase II. Motion seconded by Councilmember Beaton. Motion carried 7-0. C. Project Closeout – 2018 Street Improvements: Mr. Christen requested the Council to approve the project closeout of the 2018 Street Improvements Project with SRV Construction. Councilmember Hudson moved to approve the project closeout of the 2018 Street Improvements Project with SRV Construction. Motion seconded by Councilmember Moberg. Motion carried 7-0. D. Approval of Supplement No. 1 to Agreement with PH Consulting: Mr. Love requesting the Council authorize the Mayor to enter into Supplement No. 1 of the Professional Services Agreement with PH consulting LLC to perform engineering services for construction of the Riverside BNSF improvements in the amount of $122,100. Councilmember Beaton moved to authorize the Mayor to enter into Supplement No. 1 of the Professional Services Agreement with PH consulting LLC to perform engineering services for construction of the Riverside BNSF improvements in the amount of $122,100. Motion seconded by Councilmember Carías. Motion carried 7-0. E. Approval of Supplement No. 1 to Agreement with Washington State Department of Transportation (WSDOT): Mr. Love requested the Council to authorize the Mayor to enter into Supplement No. 1 of the Local Agency Agreement with WSDOT to authorize construction for the Riverside Drive/North 4th Street/BNSF Railroad Crossing Improvement Project in the amount of $1,213,430. Councilmember Hulst moved to authorize the Mayor to enter into Supplement No. 1 of the Local Agency Agreement with WSDOT to authorize construction for the Riverside Drive/North 4th Street/BNSF Railroad Crossing Improvement Project in the amount of $1,213,430. Motion seconded by Councilmember Beaton. Motion carried 7-0. Mount Vernon City Council March 13, 2019 Page 3 of 3 F. Approval of Agreement with Skagit County for Digital Imagery): Mr. Phillips requested the Council to authorize the Mayor to enter into an agreement with Skagit County GIS to acquire digital imagery which includes access to Pictometry Connect Explorer. Councilmember Hudson moved to authorize the Mayor to enter into an agreement with Skagit County GIS to acquire digital imagery. Motion seconded by Councilmember Beaton. Motion carried 7-0. G. City Attorney Rogerson invited the Council to an Executive Session not to exceed 10 minutes. 1. Council Meeting Recessed at 7:27 p.m. 2. Council Meeting Resumed at 7:41 p.m. H. Approval of an Ordinance to Issue Permits for Temporary Homeless Shelters during Severe Weather: Mr. Rogerson presented the council with a request to approve ordinance 3780, which, after a declaration of emergency, would allow the City of Mount Vernon to issue permits allowing organizations to provide temporary housing of the homeless during severe weather events. Councilmember Hudson moved to approve Ordinance 3780, which would allow the permitting of temporary homeless shelters during severe weather conditions. Motion seconded by Councilmember Carías. Motion carried 7-0 • Comments: Councilmember Hulst - This ordinance gives folks the opportunity to get shelter during times of severe weather instead of being left on the street. It’s a responsible thing to do and allows organizations to provide assistance where needed. • Comments: Mayor Boudreau - We have to serve all the citizens of the city but we can only do so much. We need assistance from non-profits and religious organizations. Thank you to all the staff who’ve worked hard to make Ordinance 3780 possible. There being no further business the meeting was adjourned at 7:50 p.m. SUBMITTED BY: ______________________________________________ Chase Kinney, Recording Clerk ATTEST: ______________________________________________ Doug Volesky, Finance Director APPROVE: ______________________________________________ Jill Boudreau, Mayor

Agenda

CITY OF MOUNT VERNON CITY COUNCIL MEETING AGENDA March 13, 2019 7:00 p.m. (Police Court Campus) I. OPENING CEREMONIES A. Call to Order B. Pledge of Allegiance C. Roll Call of Councilmembers II. CONSENT AGENDA A. Approval of February 20, 2019 Study Session Minutes B. Approval of February 27, 2019 Regular Council Meeting Minutes C. Approval of March 5, 2019 payroll checks numbered 109061 - 109097 direct deposit checks numbered 70045 - 70287, and wire transfers numbered 709 – 713 in the amount of $940,900.54 D. Approval of March 13, 2019 Claims numbered 2711 – 2906 in the amount of $944,415.44 III. REPORTS A. Committees 1. Development Services 2. Public Works and Library B. Community Comments (An opportunity for Mount Vernon residents to address their City Council. Please limit comments to 3 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.) C. Councilmember Comments D. Mayor’s Report E. Committee Agenda Requests IV. UNFINISHED BUSINESS None V. NEW BUSINESS A. Approval of Agreement with nCourt (Staff is requesting that Council authorize the Mayor to enter into an agreement with nCourt LLC to provide the Mount Vernon Municipal Court with an electronic payment processing program.) (required action – motion) (staff contact – Doug Volesky) Mount Vernon City Council Agenda March 13, 2019 page 2 B. Final Plat Approval of Montreaux, Phase II (Staff is requesting Council adopt a resolution to approve the final plat of Montreaux, Phase II. This subdivision will create 41 new single-family residential lots along with tracts for landscape/open space, critical areas, forested buffers and parks.) (required action – resolution) (staff contact – Rebecca Lowell) C. Project Closeout – 2018 Street Improvements (Staff is requesting that Council approve the project closeout of the 2018 Street Improvements Project with SRV Construction.) (required action – motion) (staff contact – Darin Christen) D. Approval of Supplement No. 1 to Agreement with PH Consulting (Staff is requesting that Council authorize the Mayor to enter into Supplement No. 1 of the Professional Services Agreement with PH consulting LLC to perform engineering services for construction of the Riverside BNSF improvements in the amount of $122,100.) (required action – motion) (staff contact – Mike Love) E. Approval of Supplement No. 1 to Agreement with Washington State Department of Transportation (WSDOT) (Staff is requesting that Council authorize the Mayor to enter into Supplement No. 1 of the Local Agency Agreement with WSDOT to authorize construction for the Riverside Drive/North 4 th Street/BNSF Railroad Crossing Improvement Project in the amount of $1,213,430.) (required action – motion) (staff contact – Mike Love) F. Approval of Agreement with Skagit County for Digital Imagery (Staff is requesting that Council authorize the Mayor to enter into an agreement with Skagit County GIS to acquire digital imagery which includes access to Pictometry Connect Explorer.) (required action – motion) (staff contact – Chris Phillips) COMMITTEE MEETINGS Public Works and Library 6:00 p.m. Next Ordinance 3780 Next Resolution 961 AGENDA ITEM: A DATE: March 13, 2019 TO: Mayor Boudreau and City Council FROM: Doug Volesky, Finance Director SUBJECT: APPROVAL OF AGREEMENT WITH nCOURT LLC RECOMMENDED ACTION: Staff is requesting that Council authorize the Mayor to enter into an agreement with nCourt LLC to provide the Mount Vernon Municipal Court with an electronic payment processing program. INTRODUCTION/BACKGROUND: Mount Vernon Municipal Courts would like to enter into an agreement with nCourt LLC which is a government services, technology company that, among other things, provides software that permits government agencies to collect citizen payments online via the web or mobile devices, through payment IVR’s, via a live, bilingual call center and at the government office locations using credit/debit cards and/or ACH/e-checks. Currently, all courts in Skagit County have been using nCourt for several years. Now Mount Vernon Municipal Court has the opportunity to join the other courts and streamline credit card payments for the public. FINDINGS/CONCLUSIONS: There is no cost to the City for the implementation and operation of this program. All costs for development, hosting, application, processing, customer service and merchant fees related to the Program are underwritten by a ‘user fee’ included in the payment transaction. Customers can pay by phone 24/7 directly with nCourt saving valuable time for court staff. A link will be on the court website. nCourt is PCI DSS level 1 certified, so there will be increased security of credit card information. RECOMMENDATION: Staff is requesting that Council authorize the Mayor to enter into an agreement with nCourt LLC to provide the Mount Vernon Municipal Cour5t with an electronic payment processing program. ATTACHED: Agreement with nCourt LLC. AGENDA ITEM: B DATE: March 13, 2019 TO: Mayor Boudreau and City Council FROM: Rebecca Lowell, Development Services SUBJECT: FINAL PLAT/PUD APPROVAL OF MONTREAUX II RECOMMENDED ACTION: Staff recommends that Council make a motion to authorize the Mayor to sign the accompanying Resolution and final plat maps for Montreaux II. INTRODUCTION/BACKGROUND: The residential development named Montreaux originally consisted of of 33.9 acres and was approved to create up to 120 single-family residential lots in two phases that are located on the east and west side of Waugh Road. The final plat/PUD of Montreaux phase I was approved in 2007 and consisted of 18.6 acres and 78 lots. Montreaux phase II (Montreaux II) consists of 15.35 acres and has 41 single-family residential lots. Montreaux II is located on the west side of Waugh with East Broadway along its north boundary and the Eaglemont PUD abutting its south boundary – as shown in the vicinity map below. Approximate Montreaux II boundary EAGLEMONT PUD In addition to the 41 single-family residential lots 15 tracts for landscaping, forested buffers, open spaces, critical areas and private roads will also be created. The proposed lots range in size from 5,855 square feet to 13,929 square feet; and have an average lot size of 7,348± square feet. Public roads to be dedicated with the plat include a portion of East Broadway Street along a portion of the northern plat boundary, Rainier Loop and Adams Court. One private road named Goode Place will also be created - the newly created roads are comprised of the following: • Rainier Loop and Adams Court: 2, 14-foot through lanes, 4-foot landscaping strips and 5-foot sidewalks on both sides of the street within a 42-foot right-of-way. Parking is allowed on one side of these streets. • Goode Place (private road serving three lots) 2, 10-foot through lanes within a 25-foot easement with no parking allowed on either side. Stormwater detention and water quality facilities for the plat are provided by an on-site detention pond and mechanical treatment structures located in Tract 932. Ownership of Tract 932 transfers to the City with the recording of the final plat. However, the developer is responsible for maintaining the stormwater facilities for at least a year following final plat approval; furthermore, the City will take responsibility for maintenance only after the developer demonstrates the facilities have operated as they are designed to over the one year period. A portion of East Broadway Street, Rainier Loop and Adams Court, the public sanitary sewer system, the storm water infrastructure within the right-of-way and applicable easements within the plat boundary will be dedicated to the City with the recording of the plat. In December of 2015 Council approved a Development Agreement via Resolution 900 that extended the preliminary plat approval for Montreaux II from April 26, 2016 to April 26, 2019. FINDINGS/CONCLUSIONS: Staff has processed two minor modifications per MVMC 17.69.180(A) as part of the subject final plat/PUD approval. Copies of the modification approvals are attached. The applicant has submitted the below-listed financial securities that are required prior to final plat approval: 1. A one-year maintenance financial security amounting to $171,388.52 (10% of the total cost of these improvements) to guarantee the completed public improvements (roads, sanitary sewers, and storm sewers) that will be dedicated to the City. 2. A 3-month performance financial security in the amount of $62,541.38 (150% of the engineer’s estimate of the total cost to complete these improvements) to guarantee the completion of private roads to be constructed in Tracts 919, 918, 922, and 930 and an automatically opening gate to be installed across Tract 919. 3. A two-year landscape maintenance financial security, in the amount of $35,910.76 (25% of the total cost of the plants and 50% of the total costs of the maintenance), is required to guarantee the survival, and if needed, replacement of the landscaping and other landscape features located on various landscaping, open space, and forested buffer tracts throughout the plat. 4. A three-month± landscape performance financial security in the amount of $427,308.39 (150% of the estimated cost to complete these improvements) to guarantee the completion of landscape improvements not completed due to weather considerations. RECOMMENDATION: Council move to authorize the Mayor to sign the accompanying Resolution and final plat maps for the Montreaux II final plat/PUD and accept all public improvements that were completed for this development. ATTACHED: • Proposed Resolution granting final plat/PUD approval • Final Plat Maps • Resolution 711 (granted preliminary plat/PUD approval) • Resolution 900 and its associated Development Agreement (extending preliminary plat/PUD approval) • Proposed Resolution for the subject final plat approval o Minor Modification PL15-107 o Minor Modification PL19-011 AGENDA ITEM: C AGENDA ITEM: D DATE: March 13, 2019 TO: Mayor Boudreau and City Council FROM: Mike Love, P.E., Assistant Public Works Director SUBJECT: N 4TH STREET/ RIVERSIDE DRIVE BNSF RAILROAD CROSSING IMPROVEMENTS PH CONSULTING PROFESSIONAL SERVICE AGREEMENT SUPPLEMENT NO. 1 RECOMMENDED ACTION: Authorize the Mayor to execute Supplement No. 1 to the professional services agreement with PH consulting LLC to perform engineering services for construction of the Riverside Drive/N. 4th street/ BNSF railroad crossing improvement project in the amount of $122,100. INTRODUCTION/BACKGROUND: The project installs two new concrete railroad crossing systems at the BNSF mainline track and the BNSF siding track immediately south of the mainline track to provide an ADA compliant railroad pedestrian/bike crossing and improved roadway alignment. Realigns the west and east sidewalk crossings over the tracks to reduce the skew angle and reduce risk of wheels getting caught in the gap adjacent to the track. Installs a new static signal wayside horn, LED signal lights, pedestrian bell on the NE signal mast, and pedestrian gate at the rail crossing to alert of oncoming train. Redesign the vertical curve of the roadway requiring reconstruction of the sidewalk, curb, and road grade leading up to the track crossings. The project was selected by WSDOT rail safety office with a total federal grant award amount of $1,447,947 ($234,517-Design, $1,213,430-construction) coming from the 2017 Railway/Highway crossing program. Construction engineering services are an eligible expense for the grant. FINDINGS/CONCLUSIONS: Federal Grant funding requires project inspection and oversight in accordance with WSDOT guidelines. The consultant scope and fee for this work is appropriate. This is a time and materials type reimbursement contract. RECOMMENDATION: Staff recommends Council authorize the Mayor to execute the agreement. ATTACHED: Supplemental Agreement No. 1 AGENDA ITEM: E AGENDA ITEM: F DATE: March 13, 2019 TO: Mayor Boudreau and City Council FROM: Chris Phillips, Development Services Director SUBJECT: INTERLOCAL DIGITAL IMAGERY AGREEMENT RECOMMENDED ACTION: City Staff recommends City Council authorize the Mayor or her designee to enter into an agreement with Skagit County GIS for 2019 and 2020 to acquire digital imagery which includes access to Pictometry Connect Explorer (web-based software for viewing oblique imagery) and will provide the City GIS Division digitized building footprint information. INTRODUCTION/BACKGROUND: The City is continuing the partnership with Skagit County GIS which began in 2017. At that time, City Council authorized the Mayor or her designee to enter in an agreement for 2017 & 2018. This is an effort to continue that collaborative effort. FINDINGS/CONCLUSIONS: City Staff recommends City Council authorize the Mayor or her designee to continue this partnership. 1. 2019 Funding is incorporated in the 2019 Authorized Budget for $8,091.12 (no additional funding is requested in 2019). 2. DS Director will ensure $8,019.12 is included in the 2020 budget submission. RECOMMENDATION: City Staff recommends City Council authorize the Mayor or her designee to continue this partnership. . ATTACHED: Contract attached.

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