City Council

CITY OF MOUNT VERNON CITY COUNCIL MEETING AGENDA November 10, 2021, 7:00 p.m. Police Court Campus, 1805 Continental Place (Masks are required regardless of vaccination status) 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 II. A. Call to Order B. Pledge of Allegiance C. Roll Call of Councilmembers II. CONSENT AGENDA A. Approval of October 27, 2021 Regular Council Meeting Minutes B. Approval of November 5, 2021 payroll checks numbered 111014 - 111036, direct deposit checks numbered 84842 - 85080, and wire transfers numbered 1030 - 1034 in the amount of $970,765.31 C. Approval of November 10, 2021 Claims numbered 15655 – 15660 and 15664 - 15783 in the amount of $737,687.71 III. REPORTS A. Committees 1. Public Works and Library 2. Public Safety B. Community Comments 1. Review of Emails from the Public (Public comments may 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. Please limit your comments to be read in three minutes or less. Email comments must be received by 4 p.m. on November 10, 2021.) 2. Public Comments (This is an opportunity for Mount Vernon residents to address their City Council. Please 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.) Mount Vernon City Council Agenda November 10, 2021, Page 2 of 3 C. Councilmember Comments D. Mayor’s Report E. Committee Agenda Requests V. UNFINISHED BUSINESS None VI. NEW BUSINESS A. Approval of Agreement with Skagit County (Staff is requesting approval of an Interlocal Agreement with Skagit County for 2022 TV10 production services.) (required action – motion) (staff contact – Kim Kleppe) B. Authorization to Purchase an Excavator (Staff is requesting authorization to purchase a mini excavator for fiber installation projects in the amount of $34,380.43.) (required action – motion) (staff contact – Kim Kleppe) C. Approval of Agreement with Skagit County (Staff is requesting approval of an Interlocal Agreement with Skagit County to provide funding for library services to unincorporated residents.) (required action – motion) (staff contact – Isaac Huffman) D. Approval of Street Closure (Staff is requesting approval of a street closure request from the Mount Vernon Downtown Association for the 2021 Mount Vernon Holiday Parade.) (required action – motion) (staff contact – Jennifer Berner) E. Approval of Agreement with Skagit County (Staff is requesting approval of a 2022 Interlocal Agreement with Skagit County for the embedded Social Worker.) (required action – motion) (staff contact – Chief Cammock) F. Approval of an Agreement with ADS Environmental Services (Staff is requesting approval of an agreement with ADS Environmental Services to perform a flow monitoring study in key locations of the Combined Sewer Overflow system to support a feasibility study aimed at separating sewer and storm water.) (required action – motion) (staff contact – William Bullock) G. Approval of Ordinance – Establish a No Parking/Tow Zone (Staff is requesting approval of an ordinance establishing a “No Parking/Tow zone at the end of Behrens-Millett Road.) (required action – ordinance) (staff contact – William Bullock) H. Approval of an Agreement with Cowling & Company LLC (Staff is requesting approval of an agreement with Cowling & Company LLC, dba Widener & Associates, for on-call environmental services.) (required action – motion) (staff contact – Blaine Chesterfield) Mount Vernon City Council Agenda November 10, 2021, Page 3 of 3 I. Approval of Agreement with Skagit Conservation District (Staff is requesting approval of an agreement with Skagit Conservation District to continue the City’s education and outreach program which is required by the National Pollution Discharge Elimination System Permit.) (required action – motion) (staff contact – Blaine Chesterfield) COMMITTEE MEETINGS Public Works and Library 6:00 p.m. Next Ordinance 3840 Next Resolution 1003  AGENDA ITEM: A DATE: November 10, 2021 TO: Mayor Boudreau and City Council FROM: Kim Kleppe, IS Director SUBJECT: RENEW AGREEMENT WITH SKAGIT COUNTY - TV VIDEO PRODUCTION SERVICES RECOMMENDED ACTION: Staff recommends that Council authorize the Mayor to renew Agreement with Skagit County to provide video production services (see attached). INTRODUCTION/BACKGROUND: -The City entered into a one-year contract with County for TV production services and they request renewal for the 2021 year. -The City has already established a good working relationship and this agreement is a contract to provide them with TV Production Services. -This agreement allows the City of Mount Vernon to provide up to 133 hours of video production for compensation of $10,000 for Skagit. -The City has the expertise to help with their video production needs. -Additional hours over and above the Agreement will at the rate of $75 an hour. - This agreement maintains an established working relationship with Skagit for the use of TV10 production services. RECOMMENDATION: Staff recommends approval.  AGENDA ITEM: B DATE: November 10, 2021 TO: Mayor Boudreau and City Council FROM: Kim Kleppe, Information Systems Director SUBJECT: PURCHASE OF 2021 JOHN DEERE 17G ZTS COMPACT EXCAVATOR RECOMMENDED ACTION: Staff recommends Council authorize the purchase of a 2021 John Deere 17G ZTS compact excavator for Information Systems Department for use on fiber installation projects. INTRODUCTION/BACKGROUND: Purchase of the compact excavator will allow the Fiber Optic Division to complete “Last Mile” connections to businesses. When there is no aerial access to connect and underground installation is required, staff would be able to install fiber utilizing the excavator rather than contracting the work which has been a deterrent to businesses wanting to use City Fiber. Additionally, the excavator would be used to changeout existing small vaults to larger vaults to accommodate splicing. FINDINGS/CONCLUSIONS: The excavator is on the Sourcewell Cooperative Purchasing Contract and would be purchased using ARPA Fiber Funds. RECOMMENDATION: Staff recommends Council authorize the purchase of the compact excavator for an estimated amount of $34,380.43. ATTACHED: Quote (John Deere Compact Excavator)  AGENDA ITEM: C DATE: November 10, 2021 TO: Mayor Boudreau and City Council FROM: Isaac Huffman, Library Director SUBJECT: INTERLOCAL AGREEMENT WITH SKAGIT COUTY RECOMMENDED ACTION: Motion INTRODUCTION/BACKGROUND: Every year Skagit County provides funds to support the use the library by unincorporated residents. In 2021 we will receive an amount slightly smaller than 2020, at $13,430. The library values this support because it allows us to charge unincorporated families about 50% less for out of district cards. This makes the library an affordable destination for those outside our city. FINDINGS/CONCLUSIONS: The terms in this agreement align with past interlocal library agreements and this agreement helps us better support people with Mount Vernon Addresses outside of city limits. RECOMMENDATION: Approve ATTACHED: INTERLOCAL COOPERATIVE AGREEMENT FOR LIBRARY MATERIALS  AGENDA ITEM: D City of MOUNT VERNON DATE: November 10, 2021 TO: Mayor Boudreau and City Council FROM: Jennifer Berner SUBJECT: STREET CLOSURE REQUEST FOR HOLIDAY PARADE RECOMMENDED ACTION: Staff recommends Council approve the Street Closure Request for the 2021 Mount Vernon Holiday Parade. INTRODUCTION/BACKGROUND: The Mount Vernon Downtown Association is planning a Holiday Parade for Sunday December 5 along Cleveland Avenue and South 1st Street, starting at Broadway and ending at Montgomery, and is requesting closure of nearby streets to accommodate the proposed parade route. FINDINGS/CONCLUSIONS: For the safety of all parade participants and spectators, the Downtown Association is asking that Cleveland Avenue be closed beginning Sunday December 5 at 3:30pm, with parking closed at 1:30pm and reopening upon conclusion of the parade, around 6:30pm. RECOMMENDATION: Staff recommends the approval of the Street Closure Request for the 2021 Mount Vernon Holiday Parade. ATTACHED: Street Closure Request and Parade Route Map  AGENDA ITEM: E DATE: October 29, 2021 TO: Mayor Boudreau and City Council FROM: Police Chief Chris Cammock SUBJECT: RENEW INTERLOCAL AGREEMENT WITH SKAGIT COUNTY FOR EMBEDDED SOCIAL WORKER RECOMMENDED ACTION: Motion to approve Mayor to renew the Law Enforcement Embedded Social Worker contract. INTRODUCTION/BACKGROUND: In 2016, the City of Mount Vernon and Skagit County Human Services entered into an interlocal agreement that would fund an embedded social worker within the Mount Vernon Police Department. The agreement includes two-thirds of the funding for this position not to exceed $60,000 and $12,000 for flexible spending on programming, supplies, etc. and ongoing technical assistance. FINDINGS/CONCLUSIONS: The current agreement expires December 31, 2021 and to keep the position and programming functioning with the success it’s had to date it requires renewal of this interlocal agreement. RECOMMENDATION: Authorize the Mayor to enter into a renewal of the Law Enforcement Embedded Social Worker contract with Skagit County for January through December 2022. ATTACHED: Interlocal Agreement – Law Enforcement Embedded Social Worker  AGENDA ITEM: F DATE: November 10, 2021 TO: Mayor Boudreau and City Council FROM: William Bullock, P.E. - City Engineer SUBJECT: PROFESSIONAL SERVICES AGREEMENT: COMBINED SEWER OVERFLOW FLOW MONITORING PROJECT RECOMMENDED ACTION: Staff recommends entering into a Professional Services Agreement with ADS Environmental Services to provide installation, data collection, and analysis of flow monitoring equipment in the combined sewer system (CSO) at ten locations. INTRODUCTION/BACKGROUND: A significant portion of the Mount Vernon Wastewater Treatment Plant (WWTP) is fed by combined sewage and stormwater from the downtown area and the neighborhoods west of the hospital and high school. This part of the system increases the volume into the plant from 3.5 million gallons per day (MGD) (normal flow) to 18-20 million gallons per day (high flow) in the winter. This high flow rate has significant impacts to the capacity at the WWTP and (potentially) our ability to meet new Department of Ecology (DOE) nutrient treatment requirements. FINDINGS/CONCLUSIONS: Public Works has been developing strategies to reduce the volume delivered by the combined sewer system and has been outlining a scope of work for a feasibility study to potentially to separate the stormwater from the CSO in the area west of the hospital/high school. It may be possible to reduce storm flow by 3-5 MGD; the feasibility study will identify the most practical areas/sections to separate, estimate cost/benefit options, model flow reduction, and develop the basis for grant funding. The first step in developing the feasibility effort is conducting the proposed flow monitoring study at the key locations on the attached map. Beginning the flow monitoring study now allows this season’s winter high flows to be captured and compared to summer low flows to support the full feasibility analysis in 2022/2023. RECOMMENDATION: Motion to approve authorization for the Mayor to execute a contract with ADS Environmental Services to provide installation, data collection, and analysis of flow monitoring equipment in the combined sewer system (CSO) at ten locations in the amount of $113,387.27. ATTACHED: Draft Professional Service Contract Scope and Fee  AGENDA ITEM: G DATE: November 10, 2021 TO: Mayor Boudreau and City Council FROM: William Bullock, P.E. - City Engineer SUBJECT: PARKING ORDINANCE – BEHRENS-MILLETT RD RECOMMENDED ACTION: Staff recommends adopting an ordinance to establish a “No Parking/Tow Zone” at the end of Behrens- Millett Road on the west side of Edgewater Park. INTRODUCTION/BACKGROUND: The Problem Elimination & Reduction Team (PERT) identified a concern in Edgewater Park. Vehicles are parking and blocking the park entrance, as well as the dike access, at the end of Behrens-Millett Road. When vehicles block access to both the dike gate and the park gate, it negatively impacts both maintenance crews and emergency vehicles. FINDINGS/CONCLUSIONS: The Traffic Safety Committee has reviewed this request from PERT and agrees with establishing a “No Parking/Tow Zone” at the end of Behrens-Millett Road. This section of the road is very narrow, it is recommended by both groups that the zone extend 200 feet from the end of the road to prevent street side parking that would also effectively block the road from safe access. RECOMMENDATION: Motion to approve the attached draft Ordinance establishing a “No Parking/Tow Zone” on the last 200 feet of Behrens-Millett Road. ATTACHED: Draft Ordinance Aerial Map  AGENDA ITEM: H DATE: November 10, 2021 TO: Mayor Boudreau and City Council FROM: Blaine Chesterfield, Engineering Manager SUBJECT: ON CALL CONTRACT FOR ENVIRONMENTAL SERVICES – COWLING & COMPANY LLC, AND DBA WIDENER & ASSOCIATES RECOMMENDED ACTION: Staff requests the City Council authorize the Mayor to approve the professional services agreement with Cowling & Company L.L.C., also DBA Widener & Associates, for environmental consulting services. The agreement is for four years with a total cost of up to $30,000 per year or a total potential cost of $120,000. INTRODUCTION/BACKGROUND:  An essential element to a projects successful completion is the analysis and understanding of environmental impacts and acquiring the needed permits. Public Works frequently works with Federal, State, and local funding that require detailed environmental analysis and permitting. The City typically considers impacts to fish and wildlife, wetlands, water quality, historic buildings, artifacts, public, flood zones, among other environmental conditions. As environmental regulation changes so do the required permits and it is important to stay current.  Work performed under this contract will be funded by the Surface Water Utility professional services budget.  The work will be performed on a time and material basis. FINDINGS/CONCLUSIONS:  Cowling & Company L.L.C., has an exceptional success rate in obtaining permits in a timely manner. In the past under similar contracts, Cowling & Company L.L.C., has been successful in obtaining the required Federal and State construction and environmental permits for  Kulshan Trail, Kulshan Sewer Forcemain, Laventure Road South/Anderson Road Phase I & II, Downtown Flood Protection Phase I & II, Skagit Valley Hospital Infrastructure Improvements Phase II, and city overlay projects.  Cowling & Company L.L.C., is currently working to complete the Downtown Flood Protection Project at the BNSF Mainline, Freeway Drive and Public Works plans to use their expertise in permitting fish passage projects, Martha Washington Creek Restoration and various other maintenance and projects over the term of the agreement. RECOMMENDATION: Approval of the recommended professional services agreement will allow the City to complete projects that are near critical and environmentally sensitive areas in a timely and responsible manner. ATTACHED: Professional Services Agreement  AGENDA ITEM: I DATE: November 10, 2021 TO: Mayor Boudreau and City Council FROM: Blaine Chesterfield, Engineering Manager SUBJECT: INTERLOCAL COOPERATIVE AGREEMENT WITH THE SKAGIT CONSERVATION DISTRICT RECOMMENDED ACTION: Staff recommends council authorize the Mayor to sign the Interlocal Cooperative Agreement (ICA) with the Skagit Conservation District (SCD) for continuing assistance in carrying out the public education, outreach, participation, and involvement requirements of the City’s National Pollutant Discharge Elimination System (NPDES) Phase II Municipal Stormwater Permit. INTRODUCTION/BACKGROUND: In 2004 the City was mandated by the Washington State Department of Ecology to develop and implement a stormwater management plan in order to comply with the requirements of the NPDES Phase II Municipal Stormwater Permit. The NPDES permit requires public education and outreach and public participation and involvement. Since 2006 the City has been working with the SCD to facilitate the public education and outreach and public participation and involvement requirements of the NPDES permit. In this new three-year agreement, the SCD will continue to assist in the development and implementation of the NPDES permit’s public education and outreach requirements on behalf of the City. The annual cost to the City for the SCD’s assistance on the public education and outreach program is $24,790. The total cost over the three years of the agreement is $74,370. This agreement is in the approved FY2022 budget under code 403.38.531.36.4110. FINDINGS/CONCLUSIONS: Public Works staff has reviewed the agreement’s Scope of Work and Schedule as proposed by the SCD and determined that it continues to provide great programs for citizen education, outreach, and participation in a variety of stormwater topics and activities.  The City of Mount Vernon benefits by splitting the costs for this program with other local jurisdictions such as Skagit County, Anacortes, Burlington, and Sedro-Woolley.  This agreement with the SCD will keep the City in compliance with our NPDES Permit requirements for public education and outreach, and public participation and involvement through December 2024.  The total cost for the three-year agreement is $74,370. RECOMMENDATION: Staff recommends the Council authorize the Mayor to enter into the Interlocal Cooperative Agreement as described above with the SCD for stormwater public education, and outreach which will keep the City in compliance with our NPDES permit requirements. ATTACHED: Interlocal Cooperative Agreement