City Council

CITY OF MOUNT VERNON CITY COUNCIL MEETING AGENDA August 10, 2022, 7:00 p.m. Police Court Campus 1805 Continental Place 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. Pledge of Allegiance C. Roll Call of Councilmembers II. COMMUNITY COMMENTS 1. Review of Emails from the Public (Public comments may be sent via email to communitycomments@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 August 10, 2022.) 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.) III. CONSENT AGENDA A. Approval of July 27, 2022 Regular Council Meeting Minutes B. Approval of August 5, 2022 payroll checks numbered 111561 - 111586 direct deposit checks numbered 89237 - 89491 and wire transfers numbered 1120 - 1124 in the amount of $1,079,091.97. C. Approval of August 10, 2022 Claims numbered 18492 - 18613 in the amount of $737,192.95 D. Approval of Agreement with Allixo for Dark Fiber lease E. Approval of agreement amendment with Skagit County for TV10 Production Services IV. REPORTS A. Committees 1. Public Works and Library B. Councilmember Comments C. Mayor’s Report D. Committee Agenda Requests Mount Vernon City Council Agenda August 10, 2022 Page 2 V. UNFINISHED BUSINESS None VI. NEW BUSINESS A. Approval of Agreement – North Sound Behavioral Health Administrative Services Organization, LLC (Staff is requesting approval of an interlocal agreement with North Sound Behavioral Health Administrative Services to provide funding for the Police Department Integrated Outreach Services.) (required action – Motion) (staff contact – Chief Cammock) B. Approval of Agreement – Washington State Department of Ecology (Staff is requesting approval of an agreement with the Washington State Department of Ecology to provide Washington Conservation Corps (WCC) staff for vegetation maintenance on drainage facilities.) (required action – motion) (staff contact – Blaine Chesterfield) C. Approval of Street Closure Request – Kulshan Creek Neighborhood Festival (Staff is requesting approval of a street closure request for the Kulshan Creek Neighborhood Festival.) (required action – motion) (staff contact – Jennifer Berner) D. Approval of Street Closure Request – Temperate Habits Brewing Company (Staff is requesting approval of a street closure request from Temperate Habits Brewing Company.) (required action – motion) (staff contact – Jennifer Berner) E. Approval of Agreement – Skagit County (Staff is requesting approval of an interlocal agreement with Skagit County for the Regional Local Source Control Program.) (required action – motion) (staff contact – Chris Phillips) F. Approval of Agreement Amendment – HKP Architects (Staff is requesting approval of an Amendment No. 2 to agreement 4071 with HKP Architects to provide construction Contract Administration Services for the Library Commons Project.) (required action – motion) (staff contact – William Bullock) G. Approval of Agreement – TranTech Engineering (Staff is requesting approval of an agreement with TranTech Engineering to provide design services for Riverside Drive Improvements-1 and Riverside Drive Improvements-2 projects.) (required action – motion) (staff contact – William Bullock) H. Approval of Agreement – David Evans and Associates (Staff is requesting approval of an agreement with David Evans and Associates for design services for the 30th Street Improvements-1 Project.) (required action – motion) (staff contact – William Bullock) COMMITTEE MEETINGS Public Works and Library 6:00 p.m. Next Ordinance 3854 Next Resolution 1014  AGENDA ITEM: A DATE: July 21, 2022 TO: Mayor Boudreau and City Council FROM: Police Chief Chris Cammock SUBJECT: INTERLOCAL AGREEMENT WITH NORTHSOUND ASO – PD IOS PROGRAM RECOMMENDED ACTION: REQUESTING COUNCIL APPROVAL FOR THE MAYOR TO ENTER INTO AN INTERLOCAL AGREMENT WITH NORTHSOUND BEHAVIORAL HEALTH ADMINISTRATIVE SERVICES ORGANIZATION TO REIMBURSE COSTS ASSOCIATED WITH THE POLICE DEPARTMENTS INTEGRATED OUTREACH SERVICES. INTRODUCTION/BACKGROUND: Approximately 25-27% of the police department’s service call response is linked to behavioral health demanding significant time, specialized knowledge and skills. The Department has proposed and received approval from the Mayor and Council to take a different approach from traditional police officer response to these calls by increasing embedded social worker staffing within the PD. The North Sound Behavioral Health Administrative Services Organization agreed to partner and provide funding for two social worker positions and certain operating expenses. The interlocal would go into effect July 1, 2022 or upon Council approval. The initial term is through December 31, 2022 but will automatically renew unless the parties agree to dissolve the agreement. The parties have until September 1st of each year to communicate an intention to terminate or the agreement automatically renews for the following year. Recognizing we are in start-up and to give any new program time to mature we have commitment from the NS BH ASO for multiple year support. FINDINGS/CONCLUSIONS: The interlocal agreement provides funding to improve the police department’s ability to effectively respond to increasing behavioral health emergencies and service calls that come in through 911. RECOMMENDATION: Requesting the City Council approve the Mayor to enter into an interlocal agreement with NS BH ASO for Integrated Outreach Services staff and programming cost reimbursement. ATTACHED: Interlocal Agreement and Exhibit A Co-Responders Scope of Work 3-28-2022  AGENDA ITEM: B DATE: August 10, 2022 TO: Mayor Boudreau and City Council FROM: Blaine Chesterfield, Engineering Manager SUBJECT: AGREEMENT – 2022 - 2023 WASHINGTON CONSERVATION CORP, IAA NO. WCC-2229 RECOMMENDED ACTION: Staff recommends Council approve the detention pond maintenance Interagency Agreement (IAA) with the Washington State Department of Ecology to have the Washington Conservation Corps (WCC) perform vegetation maintenance on drainage facilities. The agreement would be for up to eight weeks of WCC crew time with costs not to exceed $39,680. INTRODUCTION/BACKGROUND:  Approximately 40 percent of the City maintained drainage facilities need significant vegetation maintenance that requires hand work with the remaining facilities needing routine maintenance work.  The City has had great success using the WCC crews for facility maintenance since 2015.  The WCC crew comes with a supervisor, five crew members, a crew rig, and hand tools/equipment for drainage facility maintenance. The crew will have already received trainings on equipment and safety. FINDINGS/CONCLUSIONS:  The City currently maintains an estimated 152 drainage facilities within the city.  Approximately forty percent of the city’s drainage facilities need vegetation maintenance that require small equipment and hand work.  The Washington Conservation Corps community service program provides the City a great opportunity to complete some of the work on these facilities while keeping costs down.  The work time of the WCC crew will be limited to a maximum of eight weeks for this agreement due to other obligations. RECOMMENDATION: Staff recommends Council authorize the Mayor to sign the Interagency Agreement with the Washington State Department of Ecology for up to eight weeks of Washington Conservation Corps crew time. ATTACHED: Agreement  AGENDA ITEM: C DATE: August 10, 2022 TO: Mayor Boudreau and City Council FROM: Jennifer Berner SUBJECT: KULSHAN CREEK NEIGHBORHOOD FESTIVAL STREET CLOSURE RECOMMENDED ACTION: Staff recommends that City Council approve the street closure of the 1300 block of N 26th Street and the 2500 block of Kulshan Avenue (See Attached Map) to vehicular traffic on Saturday, August 20th, 2022, from 5:00 am to 5:00 pm. INTRODUCTION/BACKGROUND: The Kulshan Creek nighborhood is home to approximately 2,400 residents. One of the primary objectives of Officer Edgar Serrano, the Kulshan Creek Neighborhood Resource Officer, is to foster a sense of ownership and community in the neighborhood among these residents. Through encouraging ownership and community within the neighborhood, there is less likelihood that crimes will occur, and the quality of life for those living in the neighborhood will improve. As part of this objective, Officer Serrano would like to host a Street Festival in the neighborhood. The Kulshan Creek apartment managers and the Kulshan Creek Neighborhood Station will host the event. It will be an event to (1) encourage residents living in the neighborhood to interact and help build a greater sense of ownership in the neighborhood, and (2) attract community residents from outside the neighborhood to alleviate any misconceptions that might exist about Kulshan Creek. The street closure will provide opportunity for the Kulshan neighborhood residents to gather in the street, interact, and sell items at a neighborhood garage sale. FINDINGS/CONCLUSIONS: Officer Serrano has been working closely with residents and apartment managers in the neighborhood on various projects and has received overwhelming support for a street festival in the neighborhood. Officer Serrano has provided a proposed traffic plan to Police and Fire; both Departments agree the plan works from an operational and safety standpoint. Officer Serrano will be on-site during the entire event and will be responsible for opening any street to emergency vehicles should the need arise. He will also be responsible for posting and removing all necessary signage for the street closure. RECOMMENDATION: Staff recommends the approval of the requested street closure. ATTACHED: Street Closure Map and past event photos.  AGENDA ITEM: D DATE: August 10, 2022 TO: Mayor Boudreau 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 19th, 2022, from 11:00 am to 10:00 pm. INTRODUCTION/BACKGROUND: Temperate Habits Brewing Co opened during the Pandemic in 2020. On August 19th they have scheduled an event to celebrate the 2nd 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 Friday August 19th from 11am to 10pm. RECOMMENDATION: Staff recommends the approval of the requested street closure. ATTACHED: Street Closure Map and past event photos.  AGENDA ITEM: E DATE: August 10, 2022 TO: Mayor Boudreau and City Council FROM: Blaine Chesterfield, Engineering Manager SUBJECT: INTERLOCAL COOPERATIVE AGREEMENT WITH THE SKAGIT COUNTY PUBLIC WORKS - REGIONAL SOURCE CONTROL PROGRAM RECOMMENDED ACTION: Staff recommends council authorize the Mayor to sign the Interlocal Cooperative Agreement (ICA) with Skagit County for the start of a Regional Local Source Control program which is a new requirement 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 program in order to comply with the requirements of the NPDES Phase II Municipal Stormwater Permit. The current NPDES permit cycle requires the city to start a Local Source Control Program by January 1, 2023. Since 2010 the city has been working with the Skagit County Department of Public Health to informally perform Local Source Control inspections as part of their hazardous waste program. The Department of Health decided to discontinue this regional program. In this new agreement with the Skagit County Public Works Department, a regional Local Source Control Program is being developed which will meet the requirements of the NPDES permit and keep the city in compliance. The annual cost to the city for the Regional Local Source Control Program is $40,000. The total cost over the first one and quarter years of the agreement is $50,000. This agreement will be paid for out of the Surface Water Utility with this year’s approved FY2022 and next year’s FY2023 budget under the “Professional Services” line item. FINDINGS/CONCLUSIONS: Mount Vernon Public Works staff has reviewed the agreement’s scope of work and schedule as proposed by the Skagit County Public Works Department and determined that it will provide a solid regional platform for Local Source control going forward.  The City of Mount Vernon benefits by splitting the costs for this program with other local jurisdictions such as Skagit County, Burlington, and Sedro-Woolley.  Businesses in the region will benefit from a clear and consistent regional message on stormwater, the Skagit River, and the environment.  This agreement with the Skagit County will keep the city in compliance with NPDES Permit requirements for Local Source Control inspections and education through December 2023.  The total cost for the agreement is $50,000 thousand dollars. RECOMMENDATION: Staff recommends the Council authorize the Mayor to enter into the Interlocal Cooperative Agreement as described above with Skagit County for the development and implementation of a regional local source control program which will keep the City in compliance with NPDES permit requirements. ATTACHED: Interlocal Cooperative Agreement  AGENDA ITEM: F DATE: August 10, 2022 TO: Mayor Boudreau and City Council FROM: William Bullock, PE – City Engineer SUBJECT: LIBRARY COMMONS PROJECT – CONTRACT AMENDMENT NO. 2: HKP CONSTRUCTION CONTRACT ADMINISTRATION RECOMMENDED ACTION: Staff recommends amending the Professional Services Agreement with HKP Architects (HKP) to provide construction contract administration services for the Library Commons Project. INTRODUCTION/BACKGROUND: The Library Commons Project consists of a new public library and community center below three floors of structured parking located downtown across from the county courthouse on Kincaid Street between 2nd and 3rd Street. The library and community center covers between 30,000 – 35,000 SF and structured parking area will be approximately 125,000 SF. The project shall incorporate sustainable strategies to reduce overall carbon footprint, promote environmental and healthy materials, and promote and encourage sustainable transportation options such as access to mass transit and vehicle charging stations. The project will serve as a gateway to the historic downtown and other regional attractions. FINDINGS/CONCLUSIONS: HKP Architects is currently under contract for design services on the Library Commons Project which is currently out to bid for construction. Staff recommends amending their current contract to provide construction contract administration services to support the construction phase of the project. These services will include, among others, bid administration, responding to request for information, development of change orders, submittal review, design revisions, and closeout support. These services will augment the daily construction management services and inspection provided by OAC. RECOMMENDATION: Motion to authorize the Mayor to execute a contract amendment with HKP Architects to provide compensation for construction contract administration services for the construction phase of the Library Commons Project for an amount not to exceed $992,148.24 for a new total contract amount of $3,659,231.30. ATTACHED: Library Commons Contract Amendment #2  AGENDA ITEM: G DATE: August 10, 2022 TO: Mayor Boudreau and City Council FROM: William Bullock, PE – City Engineer SUBJECT: CONTRACT FOR PROFESSIONAL SERVICES WITH TRANTECH ENGINEERING LLC: RIVERSIDE DRIVE IMPROVEMENTS 1 & 2 PROJECTS RECOMMENDED ACTION: Staff recommends entering into a Professional Services Agreement with TranTech Engineering LLC (TranTech) for engineering and design services for the Riverside Drive Improvements Project. Note: this combines Riverside Drive Improvements – 1 & 2 listed on the 6-Year TIP under a single design contract. INTRODUCTION/BACKGROUND: This project combines the design for two projects listed in the 6-Year TIP (Riverside Drive Improvements 1 & 2) from Cedar Street to College Way and College Way to the Skagit River Bridge. This gives the City control over design continuity but still be able to make decisions on whether to phase construction or build as a single larger project. Improvements include: undergrounding utilities on the westside (except the BNSF crossing), replacing the sidewalk on the westside, several sidewalk spot improvements on the eastside, pavement rehabilitation, channelization enhancements, and other amenities. In order to track the design effort into the two different federal funding sources, TranTech’s fee has been separated into two different schedules (A & B). FINDINGS/CONCLUSIONS: TranTech is an engineering design firm and was the preferred candidate in the selection process among two consultants responding to the advertised Request for Qualifications. Federal funding (STBG program) was prioritized through Skagit Council of Governments; total award amount of $878,000 (Design Only). The contract fee for the project (see page 60) are Schedule A: $560,221 and Schedule B: $490,283 for a total of $1,099,532. This design team has specific, recent, experience in utility undergrounding in commercial corridors very similar in scope and size to Riverside Drive. They have advised the City of a higher level of design required in a large undergrounding effort not fully understood at the time of grant application. The additional $222,000 to cover the anticipated design cost will be paid out of the Arterial Fund. The total scope and fee for design services is not to exceed $1,099,532. RECOMMENDATION: Motion to approve authorization for the Mayor to execute a contract with TranTech Engineering LLC for engineering design services on the Riverside Drive Improvements Project, in an amount not to exceed $1,099,532; upon construction obligation approved by WSDOT. ATTACHED: 1. Contract, Scope and Fee 2. Vicinity Map  AGENDA ITEM: H DATE: August 10, 2022 TO: Mayor Boudreau and City Council FROM: William Bullock, PE – City Engineer SUBJECT: CONTRACT FOR PROFESSIONAL SERVICES WITH DAVID EVANS AND ASSOCIATES: 30TH STREET IMPROVEMENTS – 1 PROJECT RECOMMENDED ACTION: Staff recommends entering into a Professional Services Agreement with David Evans and Associates (DEA) for engineering and design services for the 30th Street Improvements - 1 Project. INTRODUCTION/BACKGROUND: This project is broken into two schedules (A & B). Schedule A will provide street improvements from Paul Place, just south of the Kulshan Trail, to College Way. The improvements will include raising the elevation of the road north of the trail above the typical localized flood elevation, rehabilitating pavement, extending the bicycle/pedestrian path on the eastside to College Way, adding sidewalk on the westside, significant stormwater improvements, and adding transit facilities. The bulk of the engineering for Schedule A is paid for through a federal STP grant. Schedule B will provide fish passage and stormwater/drainage improvements on the southside of the project and at the Logan Creek crossing. Logan Creek crosses 30th Street through three aging large metal culverts and will be replaced with a fish passable culvert similar to the one installed across College Way by WSDOT last year. The culvert replacement will trigger the need for approximately 200 feet of stream restoration up and down stream of the street. The drainage improvements will focus on reducing the nearly annual flooding issues impacting the street and reducing pollution generating impacts to Logan Creek. Funding for Schedule B has not been obtained at this time but funding submittals through NOAA and DOE will be made in October of this year. If this project is successfully awarded funding, the City will proceed with the full scope of work. If the City is unsuccessful in obtaining funding this grant cycle, see highlighted paragraph on page 20 of the attached contract, the City will renegotiate and reduce Schedule B as a separate phase and will replace the culverts in a future year and proceed with the Schedule A street improvements. FINDINGS/CONCLUSIONS: DEA is an engineering design firm and was the preferred candidate in the selection process among five consultants responding to the advertised Request for Qualifications. Federal funding (STBG program) was prioritized through Skagit Council of Governments; total award amount of $431,000 (Design Only). The contract fee for the project (see page 58) are Schedule A: $467,568 and Schedule B: $465,214 for a total of $932,781. The additional $39,000 to cover the anticipated Schedule A design cost will be paid out of the Arterial Fund. Funding for Schedule B will depend on making a successful grant application this fall. The total scope and fee for design services is not to exceed $932,781. RECOMMENDATION: Motion to approve authorization for the Mayor to execute a contract with David Evans and Associates for engineering design services on the 30th Street Improvements – 1 Project, in an amount not to exceed $932,781; upon construction obligation approved by WSDOT. ATTACHED: 1. Contract, Scope, and Fee 2. Vicinity Map