City Council

NOTICE OF SPECIAL MEETING Mount Vernon City Council PLEASE TAKE NOTICE that the Mount Vernon City Council will be holding a virtual special meeting on Wednesday, December 30, 2020 at 6:00 p.m. To virtually attend this 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_hcQUmd4S93Ykle tdrA The purpose of this meeting is to discuss and take action on the items listed on the attached agenda. _____________________________ Doug Volesky, Finance Director Copies provided to: ____Beaton ____Brocksmith ____Carias ____Hudson ____Hulst ____Molenaar ____KBRC ____KAPS ____Skagit Valley Herald ____Skagit County Commissioners  CITY OF MOUNT VERNON CITY COUNCIL STUDY SESSION Agenda December 30, 2020 – 6:00 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 A. Selection of Councilmember (Council will have a discussion on the appointment for the vacant Ward 1 position.) (required action – motion) (staff contact – Mayor Boudreau) B. Surplus of City-Owned Property, Purchase & Sale (Staff is requesting that Council approve a resolution to declare surplus the City property on Garfield Street, known as Parcel P52860; and to authorize the Mayor to enter into a purchase and sale agreement with a potential buyer.) (required action – resolution) (staff contact – Peter Donovan) C. CDBG Agreement with Community Action (Staff is requesting that Council authorize the Mayor to enter into an agreement with Community Action of Skagit county for Community Development Block Grant {CDBG} funding relative to providing public services in an amount not to exceed $57,579.) (required action – motion) (staff contact – Peter Donovan) D. 2021 Legislative Priorities (Mayor will lead a discussion with Council on the 2021 Legislative Priorities) (required action – motion) (staff contact – Mayor Boudreau) E. Executive Session COMMITTEE MEETINGS Committee of the Whole cancelled Next Ordinance 3825 Next Resolution 986  AGENDA ITEM: B DATE: December 30, 2020 TO: Mayor Boudreau and City Council FROM: Peter Donovan, Project Development Manager SUBJECT: GARFIELD STREET SURPLUS, AND PURCHASE & SALE RECOMMENDED ACTION: A resolution to declare surplus the City property on Garfield Street, known as Parcel (P52860); and to authorize the Mayor to enter into a purchase and sale agreement with a potential buyer. INTRODUCTION/BACKGROUND: -In November of 2020, the City of Mount Vernon announced that sealed bids would be accepted for the City’s Garfield Street parcel, P52860 -A bid in the amount of $3,500 has been offered. This amount is equal to the County Assessor’s assessed value for the .02 acre parcel FINDINGS/CONCLUSIONS: City staff finds no present or future need for this property, as this very small parcel sits between two other residential parcels. The owner of those two adjacent parcels have made this offer for purchase. RECOMMENDATION: Staff recommends that Council adopt a resolution providing for the disposal of certain real property interests deemed surplus to the needs of the City of Mount Vernon; and approving a purchase and sale agreement. ATTACHED: Proposed Resolution Purchase & Sale Agreement  RESOLUTION NO. A RESOLUTION PROVIDING FOR THE DISPOSAL OF CERTAIN REAL PROPERTY INTERESTS DEEMED SURPLUS TO THE NEEDS OF THE CITY OF MOUNT VERNON, DETERMINING VALUE, AND APPROVING A PURCHASE AND SALE AGREEMENT. WHEREAS, certain real property interest set forth in this Resolution has been acquired by the City which is no longer needed to fulfill the original or any alternate need by the City; and WHEREAS, the City has determined the fair market value of the property as set forth in the proposed purchase and sale agreement attached hereto as Exhibit “A”; and WHEREAS, the City has proceeded with the sale of its property interest in a commercially reasonable way by advertising and accepting sealed bids; and WHEREAS, the City Council has determined that disposal of the property will be for the common benefit and in the best public interest. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mount Vernon as follows: 1. Based upon the findings and recitals set forth above and incorporated herein that the property as described in the Purchase and Sale Agreement set forth in Exhibit “A” (the “Agreement”) attached hereto is declared to be surplus to the foreseeable needs of the City and that sale of the property according to the terms and conditions set forth in the Agreement reflects fair market value. 2. That the City authorizes the Mayor to enter into the Purchase and Sale Agreement of the property and to execute all necessary deeds or other documents needed to execute the sale and conveyance of the City’s property rights. PASSED by the City of Mount Vernon, Washington and approved by its Mayor this 30th day of December 2020. _______________________ Jill Boudreau, Mayor ATTEST: _______________________________ Doug Volesky, Finance Director _______________________________ APPROVED AS TO FORM: Kevin Rogerson, City Attorney  Exhibit A Purchase & Sale Agreement Tax Parcel No. P52860 PURCHASE AND SALE AGREEMENT OF CITY OF MOUNT VERNON, WA RIGHT, TITLE, AND INTEREST TO CERTAIN REAL PROPERTY. This Purchase and Sale Agreement (“Agreement”) is dated as of December 31, 2020 and is made between Neighborhood Innovators, LLC, and limited liability company; and Seller, the City of Mount Vernon, a municipal corporation of the State of Washington, to sell its rights, title, and interest, of the Unimproved Real Property identified herein and also through Skagit County Parcel Number 52860 and Tax Id Number: 3723-002-005-0001 located in, Mount Vernon, Skagit County, Washington on the following terms, legally described as follows: EAST 20FT OF SOUTH 50FT LOT 5, BLOCK B GARDEN ADDITION TO MT. VERNON—AF # 43439 Consisting of a narrow strip Between Lots 1 and 5 of approximately .02 acres. Situate in the County of Skagit, State of Washington. Subject to all easements, restrictions, encroachments, covenants or conditions including those imposed by instrument, contained on the face of the plat, if any. (Buyer and Seller authorize Closing Agent to insert or correct, over their signatures, the Legal description of the Property.) 1. PURCHASE PRICE. The purchase price is Three Thousand and Five Hundred Dollars [$3,500.00], payable in cash upon closing. 2. METHOD OF PAYMENT. Cash out at closing. 3. FINANCING. This offer is conditioned upon Buyer obtaining satisfactory financing within 30 days of the date of this Agreement. Upon execution of this agreement, Buyer will immediately make and diligently pursue application(s) for financing. 4. CONTINGENCY. Not used. 5. STRUCTURAL/HAZARDOUS MATERIALS INSPECTION. This agreement is not conditioned on a professional inspection of any structural, mechanical and general condition of the property. Seller shall make available to Buyer inspection of the Property if required to obtain financing subject to any existing lease terms and agreements with third parties of the Property. 5a. RIGHT TO FARM AND RIGHT TO PRACTICE FORESTY DISCLOSURES. This notice is to inform you that the real property you are considering for purchase may lie in close proximity to a farm. The operation of a farm involves usual and customary agricultural practices, which are protected under RCW 7.48.305, the Washington right to farm act. 6. UTILITIES. There are no utilities connected to the Property. 7. LEASED FIXTURES. THE FOLLOWING FIXTURES ARE LEASED: none. 8. CLOSING OF SALE. A. Time and Place. The closing of this purchase and sale (“Closing”) shall take place at the offices of Land Title and Escrow Company, 111 East George Hopper Road, Burlington, WA, on or before February 12, 2021; provided, however that Buyer may extend Closing for up to fifteen (15) days by giving written notice of such extension to Seller. B. Documents. At Closing, Buyer shall deliver to the Seller all funds and documents required from Seller to complete purchase of Property. Seller shall deliver at Closing an executed Quit Claim Deed (“Deed”) and such other documents and funds as may be required to close this transaction. C. Payment. The Purchase Price, subject to any necessary reimbursements and/or adjustments, shall be paid in cash at Closing. 9. FIRPTA - TAX WITHHOLDING AT CLOSING. The Closing Agent is instructed to prepare a certification (NWMLS Addendum No. 22E, or equivalent) that Seller is not a "foreign person" within the meaning of the Foreign Investment In Real Property Tax Act. Seller agrees to sign this certification. If Seller is a foreign person, and this transaction is not otherwise exempt from FIRPTA, Closing Agent is instructed to withhold and pay the required amount to the Internal Revenue Service. 10. POSSESSION. Buyer shall be entitled to possession on Closing. "Closing" means the date on which all documents are recorded and the sale proceeds are available to Seller. 11. DISCLOSURE OF AGENCY OR NON-AGENT. Buyer and Seller each represent that they have not had any dealings regarding the Property through any licensed real estate broker or other person who could claim a right to commission or finder's fees as a procuring cause of the sale of the Property. 12. INCLUDED ITEMS. No personal property is located in or on the property nor is any included in this sale. 13. CONDITION OF TITLE. Buyer agrees to accept Seller’s the Property “As Is” and title thereto subject to all encumbrances or defects, whatever its condition including but not limited to the following which shall not render the title to be unmarketable: rights, reservations, covenants, conditions and restrictions presently of record and general to the area; easements and encroachments not materially affecting the value of or unduly interfering with Buyers reasonable use of the property, claims of adverse possession or prescriptive easements, any encroachments of any improvements upon adjacent properties, any encroachments of improvements upon the Property, all current land use and zoning regulations which apply to the Property and govern its use and further development; and reserved oil and/or mining rights. 14. TITLE INSURANCE. Seller authorizes Lender or Closing Agent, at Buyer’s option and expense, to apply for a standard or extended buyer’s policy of title insurance, with homeowner's additional protection and inflation protection endorsements if available. The title insurance policy is to be ordered through Guardian northwest Title and Escrow of Skagit County. Said company is to send a copy of the preliminary commitment to both Seller and Buyer. The preliminary commitment, and the title policy to be issued, shall contain no exceptions other than the General Exclusions and Exceptions in said standard form and Special Exceptions consistent with the Condition of Title herein provided. If title cannot be made insurable prior to the closing date, then as Buyer’s sole and exclusive remedy, the earnest money shall, unless Buyer elects to waive such defects or encumbrances, be refunded to the Buyer, less any unpaid costs described in paragraph 27 hereof, and this Agreement shall thereupon be terminated. Buyer shall have no right to specific performance or damages as a consequence of Seller’s inability to provide insurable title. 15. CONVEYANCING PERFORMANCE. QUIT CLAIM DEED. Title shall be conveyed by a Quit Claim Deed. PERFORMANCE. Time is of the essence of this Agreement. ASSIGNMENT. Buyer may not assign this Agreement, or Buyer’s rights hereunder, without Seller’s prior written consent, unless provided otherwise herein. 16. UNDERLYING ENCUMBRANCES. If there is an existing Deed of Trust, Real Estate Contract, or other encumbrance and its terms require the holder's consent to this sale, Buyer agrees to promptly apply for such consent to this sale, Buyer agrees to promptly apply for such consent and this Agreement is conditioned on it being obtained. Seller will convey the Property to Buyer subject to all leases and tenancies in existence at the time of closing. 17. DEVELOPMENT RESPONSIBILITY. Buyer assumes sole responsibility for all costs of the development of the Property necessary to effectuate the development of the Property described herein. 18. CLOSING COSTS AND PRORATION. Seller and Buyer shall each pay one-half (½) of escrow fee. Buyer shall pay any real estate excise taxes due at closing. Any taxes for the current year, rent, interest and lienable homeowner's association dues shall be prorated as of closing. Buyer agrees to pay Buyer’s loan costs, including credit report, appraisal charge and mortgagee’s title insurance, unless provided otherwise in this agreement. If any payments are delinquent on encumbrances, which will remain after closing, Closing Agent is instructed to pay them at closing from money due, or to be paid by, Seller. Seller agrees to pay all utility charges (including unbilled charges) if any owed. 19. CONDITION OF PROPERTY. Buyer acknowledges that Buyer has or will be solely responsible for Buyer’s own "due diligence" investigation of the Property prior to execution of the Agreement and any Addendum, for Buyer’s own analysis of the merits and risks of the acquisition of the Property, and for the analysis of the fairness and desirability of the terms of this transaction. Buyer assumes all risks relevant to this transaction, Buyer’s investigation of the Property or lack thereof and accepts the Property on an AS-IS, WHERE-IS, WITH ALL FAULTS basis. Seller disclaims any and all warranties, whether express or implied, including, but not limited to warranties of merchantability, fitness for a particular purpose and warranties of habitability. Seller has made no representations whatsoever to Purchaser and Purchaser is not relying upon any representation of Seller with respect to the whether the Property may be developed subdivided, whether it consists of a certified developable lot(s), or the number of existing or potential separate lots on the Property. Buyer represents that Buyer has investigated the Property prior to execution of the Agreement. Purchaser assumes any and all risks, including (without in any way limiting the generality of the preceding language) but not limited to: habitability, the inability to obtain ingress, egress, sewer or septic, the unavailability of water or water service for the Property, the existence of encroachments, unrecorded documents and agreements, soil and slope instability and the inability to divide the Property into two or more separate parcels. Buyer has examined, to Buyer’s satisfaction, all characteristics of the Property and is not relying upon any statements or representations, other than those set forth in this Agreement, by Seller, Seller’s agents, or any other person or entity with respect to the Property, its square footage, soils, improvements, boundaries, encroachments or any other matter of any kind whatsoever, which would give rise to a claim by Buyer against Seller at any time or for termination of this Agreement. Buyer waives any and all rights to rescind this Agreement. Buyer and Seller acknowledge that the assumption of all risks related to the condition of the Property by the Buyer is in consideration of the price of the Property, which is lower than it would have been if Seller was held responsible for any express or implied warranties. Buyer expressly hereby waives any right to receive a disclosure statement required under the Residential Property Transfers – Seller’s Disclosures Act set forth in Chapter 64.06 RCW and to rescind the Agreement for failure to comply with Seller’s Disclosures set forth in Chapter 64.06 RCW. Seller agrees to disclose answers to the questions in the section entitled "Environmental" as required under RCW 6406.010(7)  if required by law. Waivers contained in the section have been expressly discussed and bargained for by the Parties. _________ ________ Buyer’s Initials Buyer’s Initials 20. RISK OF LOSS. Until closing risk of loss in the Property shall remain with Seller except Buyer will bear any risk of loss caused by Buyer. In case, prior to closing, any part of the Property is taken for public use (except platting and subdivision requirements for public use), the condemnation award, after payment of reasonable expenses of proving the same, shall be paid to Seller without offset against the Purchase Price. If, prior to closing, all or any substantial part of the Property is taken for public use, and as a result of said taking the Buyer may not reasonably use the Property, Buyer shall have the right, at its option, to terminate this Agreement and receive a full refund of any earnest money deposit. Buyer must exercise this right of termination within thirty (30) days after receipt of notice from Seller of any proposed condemnation action. If Buyer does not exercise this right within thirty (30) days after receipt of notice from Seller, Buyer shall be conclusively presumed to have accepted the Property as it would be constituted after completion of the condemnation action, without offset in the Purchase Price. From and after the date of closing, the Buyer assumes all hazards of damage to or destruction of any improvements now on the Property or hereafter placed thereon, and of the taking of the Property or any part thereof for public use; and agrees that no such damage, destruction or taking shall constitute a failure of consideration. Prior to date of closing in the event improvements are destroyed or substantially damaged by fire or other casualty Buyer’s sole remedy shall be its election to terminate this Agreement before closing. 21. NOTICES. Unless otherwise specified, any notice required or permitted in, or related to, this Agreement must be in writing; signed by any of Seller’s authorized agents or officials if authored by the Seller or Buyer (including either husband or wife) if authored by the Buyer; and received by or at the business office of the Seller or Buyer’s residence. Any time limit in or applicable to a notice shall commence on the day following receipt of the notice by the party being notified, unless that is a Saturday, Sunday, or holiday, in which event it will commence on the next following business day. The Parties shall keep each other advised of their whereabouts to receive prompt receipt of a notice. 22. FACSIMILE TRANSMISSION. Facsimile transmission of any signed original document and retransmission of any signed facsimile transmission, shall be the same as delivery of an original. At the request of either party, or the Closing Agent, the Parties will confirm facsimile transmitted signatures by signing an original document. 23. BUYER'S FUNDS TO CLOSE. Buyer represents that Buyer has sufficient funds to close this sale in accordance with this Agreement, and is not relying on any contingent source of funds or gifts unless expressly set forth elsewhere in this Agreement. 24. ADDENDUMS. In addition to any other Addendums referred to in this Agreement, the following Addendums are attached hereto: 25. EARNEST MONEY RECEIPT. No earnest money shall be required to be deposited or to be held by the Closing Agent. Buyer agrees to pay financing and purchase costs incurred by Buyer. If this Agreement is terminated for any reason and any such costs remain unpaid, Seller may pursue payment as a legally owed debt arising from this Agreement. 26. DEFAULT. If the following conditions are met, and the Buyer fails, without legal excuse (grounds) to complete the purchase of the property, Seller shall be entitled to pursue any and all damages and remedies it shall otherwise be entitled by operation of law without restriction. 27. COUNTEROFFERS. Not Used. 28. AGREEMENT TO PURCHASE AND TIME LIMIT FOR ACCEPTANCE. Not used. 29. SELLER’S ACCEPTANCE AND BROKERAGE AGREEMENT. Not used. 30. MERGER. This Agreement constituted the entire agreement between the parties concerning the purchase and sale of the Property and cannot by changed or modified other than be a written agreement executed by both parties. There are no other agreements, verbal or written, that modify or affect this agreement. 31. GOVERNING LAW AND VENUE. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. Venue shall be in the Superior Court of Skagit County, WA. 32. COUNTERPARTS. This Agreement may be executed in more than one counterpart, each of which shall be deemed an original. 33. EVENT DATE. If any event sate falls on a Saturday, Sunday or legal holiday, then the time for performance shall be extended until the next business day. 34. BUYER'S RECEIPT. Buyer acknowledges receipt of a Seller signed copy of this Agreement, on _______________, 20___. BUYER _______________________ BUYER ________________________ BUYER SELLER CITY OF MOUNT VERNON Grace Perez, Neighborhood Innovators, LLC Jill Boudreau, Mayor Attested by: Victor Perez, Neighborhood Innovators, LLC Doug Volesky, Finance Director Approved as to Form: ______________________________ Kevin Rogerson, City Attorney  AGENDA ITEM: C DATE: December 30, 2020 TO: Mayor Boudreau and City Council FROM: Peter Donovan, Project Development Manager SUBJECT: CDBG AGREEMENT WITH COMMUNITY ACTION RECOMMENDED ACTION: Motion INTRODUCTION/BACKGROUND: -Community Action will use this funding for their Housing & Resource Center program. This allotment of $57,579 represents 15% of our 2020-2021 CDBG funding amount of $383,863. -HUD has approved this expenditure. -The attached agreement memorializes all necessary requirements FINDINGS/CONCLUSIONS: This allotment is consistent with the Council-approved 2020-2021 CDBG Action Plan RECOMMENDATION: Staff recommends that Council authorize the Mayor to enter into an agreement with Community Action of Skagit County. ATTACHED: Community Action CDBG Contract  AGENDA ITEM: D DATE: December 30, 2020 TO: City Council FROM: Mayor Jill Boudreau SUBJECT: 2021 LEGISLATIVE PRIORITIES RECOMMENDED ACTION: Motion to approve the City’s proposed 2021 Legislative Priorities INTRODUCTION/BACKGROUND: These legislative priorities will be presented to the State Legislature during the 2021 legislative session, and more specifically during the Association of Washington Cities (AWC) City Action Days in early 2021. FINDINGS/CONCLUSIONS: Council and Mayor are aligned on these issues that impact our City. RECOMMENDATION: Recommend Council adoption of the 2021 Legislative Priorities ATTACHED: AWC 2021 Legislative Priorities  PARTNERS IN THE CARE OF OUR STATE’S RESIDENTS Your largest City in Legislative District #10, OR #40. FINANCIAL SUPPORT TO CITIES We are extremely grateful for the allocation of CARES act funding to cities, providing a perfect example of acknowledging cities’ roles in serving Washingtonians. We ask that you please:  Maintain critical state-shared revenues that provide funding for essential public services. Mount Vernon uses $1.2 million in state shared revenue for public safety services including the enforcement of State DUI laws and ensuring compliance with State liquor and cannabis regulation.  We ask for continued sharing of Federal CARES funding to provide fiscal relief to vulnerable residents and small business. Mount Vernon allocated $493,000 for hotel vouchers, utility bill assistance, non- profit grants and small business grants distributed quickly to those in need. ECONOMIC STIMULUS GRANTS We support economic stimulus funds for infrastructure projects which create family-wage jobs & increased economic activity. Funding provided through capital grants helped the City of Mount Vernon achieve permanent flood protection in 2019. We ask for grants for cities of less than 50,000 pop. for city facilities. Current Mount Vernon capital projects include: Mount Vernon Library Commons concept design 1. Mount Vernon Library Commons – A combination library and community gathering space in historic downtown combined with public parking to catalyze private development of multifamily housing, hotel, business. Thank you for $1 million in State Capital funding to allow City to begin design and engineering in 2021. Anticipated $35 million + to be invested in our City creating jobs while under construction and jobs/services when serving the County seat. 2. Fire Stations safety & energy upgrades – A project for safety and energy retrofitting of existing & replacement of 1960’s era station in historic downtown for service to multi-story housing and hotel development. Anticipated $28 million investment for public safety creating construction jobs and improved public safety for the next 30 years. 3. Broadband to low income residents through tower repair and new equipment – A public/private partnership for providing wireless high speed internet from historic Stokley Tower to low income residents. Anticipated $550,000 investment for initiating the program. 4. Fish passage culvert projects – Various projects continue our effective work in removing blockages to fish passage in Maddox Creek. Anticipated $2.28 million investment for highest priority projects in environmental stewardship. 5. City fleet electrification – A plan to begin transition of City fleet to zero carbon vehicles, anticipated $__________ investment in vehicles, infrastructure, and maintenance planning. City of Mount Vernon, WA www.mountvernonwa.gov 360-336-6211 HELP FOR THE MOST VULNERABLE RESIDENTS AND OUR SMALL BUSINESSES Cities take care of 65% of the State population and shoulder the burden of homelessness on our streets. We ask for:  Streamlined programs to provide emergency rental assistance  Foreclosure prevention assistance, including small business property owners  Continued flexible shelter funding In addition to the use of CARES funding, the City of Mount Vernon has allocated $460,000 Federal CDBG funds to vulnerable populations needs. The Federal CDBG funds are extremely constrained and complicated – having streamlined funding will prevent homelessness during the current pandemic. POLICE REFORM We support local control over city law enforcement employees and policies to meet the needs of each community, while recognizing the need for certain statewide reforms. We support:  A statewide standard for use of force  Expansion of the grounds for decertification of a police officer to include use of force  Increasted mental health supports and resources for officers  A fully funded Basic Law Enforcement Academy  Additional training with adequate financial investments from the State FISCAL FLEXIBILITY Each community is different. We ask for flexibility within existing restricted revenues for funding most needed services right now.  REET: Ability to use for operational and maintenance expenses  LODGING TAX: Ability to use for small business promotion, emergency shelter, and rental assistance BROADBAND INFRASTRUCTURE – HELP US EXPAND OUR ABILITY TO SERVE We support state policies and funding that provide greater access and equity for broadband services, including providing expanded authority for local governments.  Greater state investment in broadband infrastructure to provide basic access to residential areas  Protect and improve public authority to provide broadband service City of Mount Vernon, WA www.mountvernonwa.gov 360-336-6211