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City Council

Regular Meeting

Mount Vernon, WA · April 8, 2020

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Minutes

City of Mount Vernon City Council Meeting Minutes April 8, 2020 7:00 p.m. (Virtual Meeting) The meeting was called to order by Mayor Boudreau at 7:00 PM. Present: Councilmembers Beaton, Carías, Hudson, Hulst, Moberg and Molenaar Excused: Councilmember Brocksmith, joined for the Executive Session only. Staff Present: City Attorney Rogerson, Project Development Manager Donovan, Finance Director Volesky, Fire Chief Brice, Police Chief Cammock, Public Works Director Bell and City Engineer Bullock Citizens Present: 0 CONSENT AGENDA A. Approval of March 26, 2020 Special Council Meeting Minutes B. Approval of April 3, 2020 payroll checks numbered 109970 - 110002 direct deposit checks numbered 76320 - 76565, and wire transfers numbered 839 - 843 in the amount of $1,152,613.90 C. Approval of April 8, 2020 Claims numbered 8473, 8494 – 8497 and 8499 – 8660 in the amount of $640,829.45 Councilmember Beaton moved to approve the Consent Agenda items A-C. Motion seconded by Councilmember Hudson. Motion carried 6-0. REPORTS A. Review of Emails from the Public • Public comments sent via email to council@mountvernonwa.gov were read aloud by Mayor Boudreau. o Jon Humphrey (Bellingham) – Expressed his appreciation of the City’s fiber-optic network and urged the City to consider expanding to residences. o Mario Brown (Mount Vernon) – Requesting the City to prorate commercial property taxes due to the current economic crisis. Also asked Council to consider allowing commercial properties to convert into affordable housing. o Harold Rice, Eliane Vaerewyck, and Julissa Helms (Mount Vernon) – expressed their concern with the risks that are associated with 5G networks. o Scott Correa (Mount Vernon) – suggested to the City focus on necessities during this economic downturn. He also requested the City review the prohibition of law abiding citizens to legally carry firearms in public that is stated in the “Practice” (not adopted) Emergency Mayoral Proclamation for emergency disaster drills. UNFINISHED BUSINESS • None Mount Vernon City Council April 8, 2020 Page 2 of 3 NEW BUSINESS A. Approval of Agreement – Kulshan Trail Safety Lighting Project: Mr. Bullock requested that Council authorize the Mayor to enter into an agreement with Transpo Group USA, Inc. for professional engineering services to assist the City with the design of project. Councilmember Hulst moved to authorize the Mayor to enter into an agreement with Transpo Group USA, Inc. for professional engineering services to assist the City with the design of project. Motion seconded by Councilmember Carías. Motion carried 6-0. B. Approval of Agreement – Freeway Drive (Cameron Way to College Way) Project: Mr. Bullock requested that Council authorize the Mayor to enter into an agreement with PBS Engineering and Environmental, Inc. for professional engineering services to assist the City with the design of the project. Councilmember Beaton moved to authorize The Mayor to enter into an agreement with PBS Engineering and Environmental Inc. Motion seconded by Councilmember Moberg. Motion carried 6-0. C. Ratification of Emergency Executive Orders: Mr. Rogerson requested that City Council ratify Emergency Executive Orders proclaimed by the Mayor. These orders included: • Executive Order #2020-004: Extending Previous Orders to April 8 • Executive Order #2020-005: Extending All Previous Orders to May 4 Councilmember Hulst moved to ratify stated executive orders. Motion seconded by Councilmember Molenaar. Motion carried 6-0. D. For the Good of the Order: • COVID-19 pandemic response and discussion: o Police Chief Cammock gave an update on effects of COVID-19 on the Police Department including addressing citizen concerns with non-essential business activities. He also gave an update on number of calls during this time. o Fire Chief Brice gave an update on effects of COVID-19 on the Fire Department including the increase in COVID-19 related calls even though the overall call volume is remaining steady. He also gave an update on Emergency Coordination Center (ECC). o Mr. Donovan gave an update on the Public Information Center with the County as well as the City’s new restaurant map that is available on-line. o The Mayor discussed how directors are meeting daily and supporting each other during this stressful time. She also discussed the communication between federal, state and other organizations such as Association of Washington Cities as well as the communications between the other local Mayors. The city has a hiring freeze for all employees except for some public safety positions and also a freeze on all non-essential spending. The City has Mount Vernon City Council April 8, 2020 Page 3 of 3 enacted a 30-day furlough of 44 employees. This includes both full-time and part-time employees. E. Executive Session: To discuss with legal counsel representing the agency matters relating to agency enforcement actions, or to discuss with legal counsel representing the agency litigation or potential litigation to which the agency, the governing body, or a member acting in an official capacity is, or is likely to become, a party, when public knowledge regarding the discussion is likely to result in an adverse legal or financial consequence to the agency. Pursuant to RCW 42.30.110{i}. The meeting was convened into executive session at 7:41 p.m. and was estimated to last 35 minutes. Also attending the session were Councilmember Brocksmith, Mr. Rogerson and Adrian Urquhart Winder from Foster Garvey PC. Meeting was adjourned at 8:16 PM. SUBMITTED BY: Tyler Rude, Recording Clerk ATTEST: Doug Volesky, Finance Director APPROVE: Jill Boudreau, Mayor

Agenda

CITY OF MOUNT VERNON CITY COUNCIL MEETING AGENDA April 8, 2020 7:00 p.m. (Virtual Meeting) The Mount Vernon City Councilmembers will be participating in this meeting via video/teleconference technology. To virtually attend the meeting, the public may: 1. Call the conference line: 1-888-924-9240; Access Code: 3366211 (please ‘mute’ your phone, if possible, to minimize distractions) 2. Watch the meeting live on TV10: Comcast/Xfinity Channel 10 3. Watch the meeting live, online: https://www.youtube.com/channel/UCUob_hcQUmd4S93YkletdrA I. OPENING CEREMONIES A. Call to Order B. Roll Call of Councilmembers II. CONSENT AGENDA A. Approval of March 26, 2020 Special Council Meeting Minutes B. Approval of April 3, 2020 payroll checks numbered 109970 - 110002 direct deposit checks numbered 76320 - 76565, and wire transfers numbered 839 – 843 in the amount of $1,152,613.90 C. Approval of April 8, 2020 Claims numbered 8473, 8494 – 8497 and 8499 - 8660 in the amount of $640,829.45 III. REPORTS A. Review of Emails from the Public (All public comments must be sent via email to council@mountvernonwa.gov. The comments will be read aloud into the record during the public comment portion of the agenda.) IV. NEW BUSINESS A. Approval of Agreement – Kulshan Trail Safety Lighting Project (Staff is requesting that Council authorize the Mayor to enter into an agreement with Transpo Group USA, Inc. for professional engineering services to assist the City with the design of the project.) (required action – motion) (staff contact – William Bullock) B. Approval of Agreement - Freeway Drive (Cameron Way to College Way) Project (Staff is requesting that Council authorize the Mayor to enter into an agreement with PBS Engineering and Environmental, Inc. for professional engineering services to assist the City with the design of the project.) (required action – motion) (staff contact – William Bullock) Mount Vernon City Council Agenda April 8, 2020 page 2 C. Ratification of Emergency Executive Orders (Upon the proclamation of a disaster or emergency, and during its existence, the Mayor has authority to make executive orders, pursuant to Municipal Code, such orders shall at the earliest practicable time be presented to the City Council for ratification and confirmation, modification or rejection, and if rejected shall be void.) (required action – motion) (staff contact – Kevin Rogerson) D. For the Good of the Order:  COVID 19 pandemic response and discussion E. Executive Session (To discuss with legal counsel representing the agency matters relating to agency enforcement actions, or to discuss with legal counsel representing the agency litigation or potential litigation to which the agency, the governing body, or a member acting in an official capacity is, or is likely to become, a party, when public knowledge regarding the discussion is likely to result in an adverse legal or financial consequence to the agency. Pursuant to RCW 42.30.110{i}.) COMMITTEE MEETINGS Public Works and Library Cancelled Next Ordinance 3804 Next Resolution 975 AGENDA ITEM: A DATE: April 8, 2020 TO: Mayor Boudreau and City Council FROM: William Bullock, PE – City Engineer SUBJECT: PROFESSIONAL SERVICES AGREEMENT: KULSHAN TRAIL SAFETY LIGHTING PROJECT RECOMMENDED ACTION: Staff recommends entering into a Professional Services Agreement with Transpo Group USA, Inc. (Transpo) for engineering and design services for the Kulshan Trail Safety Lighting Project. INTRODUCTION/BACKGROUND: This project will install approximately 35 LED street style trail lights to improve safety and encourage usage during times of darkness, particularly in the winter months. The lighting project along with other trail enhancements, such as enhanced trail signage and public art, will foster awareness, improve public perception, and increase use of this trail segment. Federal funding (TAP program) was prioritized through Skagit Council of Governments; total award amount of $295,000 (Design - $25,000 and Construction - $270,000). FINDINGS/CONCLUSIONS: Transpo is an engineering design firm and was the preferred candidate in the selection process among two consultants responding to the advertised Request for Qualifications. The scope and fee for design services is not to exceed $24,061.00. RECOMMENDATION: Motion to approve authorization for the Mayor to execute a contract with Transpo Group USA, Inc. for engineering design services on the Kulshan Trail Safety Lighting Project, in an amount not to exceed $24,061.00. ATTACHED: 1. Contract, Scope and Fee 2. Vicinity Map AGENDA ITEM: B DATE: April 8, 2020 TO: Mayor Boudreau and City Council FROM: William Bullock, PE – City Engineer SUBJECT: PROFESSIONAL SERVICES AGREEMENT: FREEWAY DRIVE (CAMERON WAY TO COLLEGE WAY) RECOMMENDED ACTION: Staff recommends entering into a Professional Services Agreement with PBS Engineering and Environmental (PBS) for engineering and design services for the Freeway Drive Project. INTRODUCTION/BACKGROUND: This project accomplishes five main improvements to Freeway Drive: adds sidewalk on the west side and bike lanes on both sides, establishes new storm water facilities, enhances corridor street lighting, improves intersection channelization, and rehabilitates the pavement. A key highlight of these upgrades is the new and continuous pedestrian connection from Lions Park (and downtown) to College Way. Federal funding (STBG program) was prioritized through Skagit Council of Governments; total award amount of $2,170,000 (Design - $260,000 and Construction - $1,910,000). FINDINGS/CONCLUSIONS: PBS is an engineering design firm and was the preferred candidate in the selection process among three consultants (two additional firms declined) responding to the advertised Request for Qualifications. The scope and fee for design services is not to exceed $259,549.00. RECOMMENDATION: Motion to approve authorization for the Mayor to execute a contract with PBS Engineering and Environmental, Inc., for engineering design services on the Freeway Drive (Cameron Way to College Way) Project, in an amount not to exceed $259,549.00. ATTACHED: 1. Contract, Scope and Fee 2. Vicinity Map AGENDA ITEM: C DATE: April 8, 2020 TO: Mayor Boudreau and City Council FROM: Kevin Rogerson, City Attorney SUBJECT: RATIFICATION OF EXECUTIVE ORDERS RECOMMENDED ACTION: Motion INTRODUCTION/BACKGROUND: Two emergency executive orders have been proclaimed by the Mayor in the past week: --Executive Order #2020-004: Extending Previous Orders to April 8 --Executive Order #2020-005: Extending All Previous Orders to May 4 FINDINGS/CONCLUSIONS: In light of the recent COVID-19 pandemic, the Mayor extended previous executive orders which were set to expire on March 31, 2020, April 8, 2020, and April 25, 2020, respectively. Further extension of these orders may be deemed necessary as new data is gathered on the COVID-19 pandemic. RECOMMENDATION: Council ratification of Executive Order #2020-004 & Executive Order #2020-005 ATTACHED: Executive Order 2020-004 Executive Order 2020-005 City of City Of Mount Vernon JVIQIJN[I’ Office of the Mayor, Executive Order Number 2020-004 ‘1E RjX[’J Extending Previous Orders (Emergency Management/March 2020 COVID 19) WHEREAS, on March 11, 2020, the Mayor proclaimed a civil emergency acting under authority vested as Mayor by RCW Chapter 38.52 and MVMC Chapter 2.40 et. seq.; and; WHEREAS, on March 11, 2020 the City Council during a regularly scheduled meeting ratified and approved the Mayor’s emergency proclamation; and WHEREAS, modeling from state, federal and local officials find that the COVID -19 virus will spread, has spread and continues to spread at a high rate among the local community threatening both persons and property within the City of Mount Vernon; and WHEREAS, to curtail the spread of COVID-19 in Mount Vernon, the Mayor previously issues executive orders 2020-01 through 2020-03 as necessary additional measures to limit opportunities for disease transmission; and WHEREAS, the Mayor has emergency authority set forth in Mount Vernon Municipal Code to issues orders as are imminently necessary for the protection of life and property including but not limited to closing to the public any or all public places including streets, alleys, public ways, schools, parks, amusement areas and other public buildings; and NOW, THEREFORE, I, Jill Boudreau, as Mayor of Mount Vernon, by virtue of the authority vested in me by RCW Chapter 38.52 and Mount Vernon Municipal Code Chapter 2.40 et. seq., and all other applicable laws, do hereby promulgate the following Executive Order, to take immediate effect: Section 1. I hereby make and proclaim the following executive order: That the following executive orders are hereby extended: Executive Order #2020-002: Closing certain public facilities Executive Order #2020-003: Closing Playgrounds and Library Section 2. This order shall remain in effect and shall extend the orders identified in Section 1 until midnight on April 8, 2020 unless extended beyond that date. Section 3. This Executive Order shall be deemed to have taken effect immediately on March 31, 2020, and all actions taken by City Officials with respect to this emergency before the issuance of this Executive Order are hereby ratified. Dated this 31st day of March, 2020. Approved as to Form: ii oudreau, Mayor Kti1TRuge19Ofl, Cily Atturnt’ r!._ City of City Of Mount Vernon J\/IQTJI’Jtf Office of the Mayor, Executive Order Number 2020-005 /E I?J\JOI\J Extending Previous Orders (Emergency Management/April 2020 COVID 19) WHEREAS, on March 11, 2020, the Mayor proclaimed a civil emergency acting under authority vested as Mayor by RCW Chapter 33.52 and MVMC Chapter 2.40 et. seq.; and; WHEREAS, on March 11, 2020 the City Council during a regularly scheduled meeting ratified and approved the Mayor’s emergency proclamation; and WHEREAS, modeling from state, federal and local officials find that the COVID -19 virus will spread, has spread and continues to spread at a high rate among the local community threatening both persons and property within the City of Mount Vernon; and WHEREAS, to curtail the spread of COVID-19 in Mount Vernon, the Mayor previously issued executive orders 2020-01 through 2020-04 as necessary additional measures to limit opportunities for disease transmission; and WHEREAS, the Mayor has emergency authority set forth in Mount Vernon Municipal Code to issues orders as are imminently necessary for the protection of life and property including but not limited to closing to the public any or all public places including streets, alleys, public ways, schools, parks, amusement areas and other public buildings; and NOW, THEREFORE, I, Jill Boudreau, as Mayor of Mount Vernon, by virtue of the authority vested in me by RCW Chapter 38.52 and Mount Vernon Municipal Code Chapter 2.40 et. seq., and all other applicable laws, do hereby promulgate the following Executive Order, to take immediate effect: Section 1. I hereby make and proclaim the following executive order: That the following executive orders are hereby extended: Executive Order #2020-001: Extending temporary homeless encampment permits Executive Order #2020-002: Closing certain public facilities Executive Order #2020-003: Closing Playgrounds and Library Executive Order #2020-004: Extending Previous Orders (002, 003) Section 2. This order shall remain in effect and shall extend the orders identified in Section 1 until midnight on May 4, 2020 unless extended beyond that date. Section 3. This Executive Order shall be deemed to have taken effect immediately on April 3, 2020, and all actions taken by City Officials with respect to this emergency before the issuance of this Executive Order are hereby ratified. Dated this 3rd Day of April, 2020. Approved as to Form: I Jill Boudreau, Mayor Kevin Rogerson, City Attorney (‘-s.C

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