City Council

CITY OF MOUNT VERNON CITY COUNCIL MEETING AGENDA August 24, 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 24, 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 August 10, 2022 Regular Council Meeting Minutes B. Approval of August 17, 2022 Study Session Meeting Minutes C. Approval of August 19, 2022 payroll checks numbered 111587 - 111605 direct deposit checks numbered 89492 - 89746 and wire transfers numbered 1125 - 1129 in the amount of $1,363,478.78 D. Approval of August 24, 2022 Claims numbered 18614 – 18764 in the amount of $1,840,602.27 IV. REPORTS A. Committees 1. Finance & Parks and Enrichment Services B. Councilmember Comments C. Mayor’s Report D. Committee Agenda Requests Mount Vernon City Council Agenda August 24, 2022 Page 3 V. UNFINISHED BUSINESS None VI. NEW BUSINESS A. Public Hearing – Update Transportation Element of the Comprehensive Plan (Staff is requesting approval of an update to the Transportation Element of the Comprehensive Plan to add the transportation related portions of the Library Commons Project.) (required action – ordinance) (staff contact – Rebecca Lowell) B. Public Hearing – Adopt 2023 - 2028 Transportation Improvement Plan (TIP) (Staff is requesting approval of the City’s Six-Year TIP for the years 2023 - 2028.) (required action – resolution) (staff contact – William Bullock) C. Public Hearing – Mount Vernon Municipal Code Amendment, Chapters 17.09 and 17.56 (Staff is requesting approval of amendments to Chapters 17.09 and 17.56 to correct zoning and Comprehensive plan designations, and to reduce the required separation between marijuana uses and public transit facilities.) (required action – ordinance) (staff contact – Rebecca Lowell) D. Closed Record Public Hearing – Site Specific Rezone (Staff is requesting approval of a site-specific rezone for 225 and 211 Blackburn Road and 1920 Railroad Avenue from a zoning of Light Manufacturing and Commercial District (M-1) to Commercial- Limited Industrial District (C-L) (required action – ordinance) (staff contact – Rebecca Lowell) E. Closed Record Public Hearing – Master Plan, Traffic Concurrency, and Design Review for the Library Commons Project (Staff is requesting approval of the Master Plan, Traffic Concurrency, and Design Review for the Library Commons Project) (required action – resolution) (staff contact – Rebecca Lowell) F. Approval of Agreement – Friendship House (Staff is requesting approval of an agreement with Friendship House to provide Community Development Block Grant (CDBG) funding for exterior painting and siding repairs at Barbara’s House, a transitional home.) (required action – motion) (staff contact – Peter Donovan) G. Approval of HB1406 Grant Awards (Staff is requesting approval of HB1406 Grants for non-profit agencies.) (required action – motion) (staff contact – Peter Donovan) H. Approval of Agreement – Beckwith Consulting Group (Staff is requesting approval of an agreement Beckwith Consulting Group to update the Parks, Recreation, and Open Space element of the Comprehensive Plan.) (required action – motion) (staff contact – Jennifer Berner) I. Approval of Agreement Amendment – Town of LaConner (Staff is requesting approval of an amendment to agreement 3675 with Town of LaConner to provide yard waste disposal and composting services for an additional four-year term.) (required action – motion) (staff contact – Chris Phillips) Mount Vernon City Council Agenda August 24, 2022 Page 3 J. Approval of Agreement – Nuvoda, LLC (Staff is requesting approval of an amendment with Nuvoda, LLC for equipment and processing for the Wastewater Treatment Plant.) (required action – resolution and motion) (staff contact – Chris Phillips) K. Approval of Agreement – Teamsters Local Union No. 321 (Staff is requesting approval of a collective bargaining agreement with Teamsters Local Union No. 321.) (required action – motion) (staff contact – Erin Keator) L. Approval of Allocation and Release Agreement (Staff is requesting approval of an allocation and release agreement with the opioid distributors engaged in litigation.) (required action – motion) (staff contact – Kevin Rogerson) M. Approval of Agreement – Banner Bank (Staff is requesting approval of an agreement with Banner Bank for the conveyance of Revocable Grant of Egress.) (required action – motion) (staff contact – Kevin Rogerson) N. Approval of Agreement – Skagit County (Staff is requesting approval of an interlocal agreement with Skagit County to provide bridge inspection services.) (required action – motion) (staff contact – William Bullock) O. Approval of Agreement – Skagit County (Staff is requesting approval of an interlocal agreement with Skagit County to provide funding for temporary shelter costs associated with the Integrated Outreach Services Program.) (required action – motion) (staff contact – Chris Cammock) P. Set Public Hearing Date – Street Vacation (Staff is requesting approval of a resolution setting a public hearing date of September 28, 2022 to vacate portion of an alley, 3rd Street and Kincaid Street ) (required action – resolution) (staff contact – Rebecca Lowell) COMMITTEE MEETINGS Finance & Parks and Enrichment Services 6:00 p.m. Next Ordinance 3854 Next Resolution 1014  AGENDA ITEM: A DATE: August 24, 2022 TO: Mayor Boudreau and City Council FROM: Rebecca Lowell, Development Services SUBJECT: PUBLIC HEARING – ADOPTION OF AN AMENDED TRANSPORTATION ELEMENT OF THE COMPREHENSIVE PLAN RECOMMENDED ACTION: City Council hold a public hearing and make a recommendation to adopt amendments to the Transportation Element of the Comprehensive Plan. INTRODUCTION/BACKGROUND: Attached to this memo is a copy of the proposed amendments to the Transportation Element. Please remember when reviewing changes identified with red underlined font are proposed to be added to the existing Comprehensive Plan and changes identified with red strikethrough font are proposed to be deleted. Text that is not red is existing and is not proposed to be amended. The proposed amendments are brought forward because the structured parking that is part of the Library Commons project is a transportation facility that needs to be included in the Transportation Element of the Comprehensive Plan. The entire text of the Transportation Element of the Comprehensive Plan can be viewed on the City’s website by navigating to: www.mountvernonwa.gov – click on “Departments” located on the ribbon on the top of the screen and then in the mega menu that appears click on “Development Services”. Once on the Development Services page click on “Comprehensive Plan” located on the left side of the page. Then scroll down the new page and click on “Transportation Element”. FINDINGS/CONCLUSIONS: The Planning Commission held a public hearing on the adoption of the proposed amendments to the Transportation Element of the Comprehensive Plan on August 16, 2022. At this hearing the Planning Commission made a unanimous motion to approve these amendments. The following procedural steps have been completed for the subject code amendments: • Completed Department of Commerce review under Submittal IDs: 2022-S-4010 and 2022-S- 4010A. • Notice of Public Hearings issued on August 5, 2022 and published on August 9, 2022. The SEPA process was delayed for this project; and as such, the SEPA appeal period will not have tolled before these amendments are presented to the City Council for their approval. As such, if approved by the City Council these amendments will not be routed for signatures or published until August 30, 2022, the day after the SEPA appeal period tolls. Additionally, should a SEPA appeal be filed these amendments would be null and void and would need to be brought back to the Planning Commission and the City Council once the SEPA appeal was resolved. RECOMMENDATION: Council move to approve the accompanying Ordinance. ATTACHED: • Proposed Ordinance • Proposed amendments to the Transportation Element of the Comprehensive Plan  AGENDA ITEM: B DATE: August 24, 2022 TO: Mayor Boudreau and City Council FROM: Bill Bullock, Public Works SUBJECT: PUBLIC HEARING FOR ADOPTION OF THE 2023 TO 2028 TRANSPORTATION IMPROVEMENT PLAN (TIP) RECOMMENDED ACTION: City Council hold a public hearing and make a recommendation to adopt the 2023 to 2028 Transportation Improvement Plan. INTRODUCTION/BACKGROUND: State law, RCW 35.77.010, requires that each year the City adopt a six-year Transportation Improvement Program (TIP). The TIP is designed to identify the schedule, costs, and financial plan associated with capital projects the City intends to complete during the next six years. The adopted financial plan is required to detail conceptual project costs and demonstrate funding for the TIP is feasible, although it may include projections of local funds, grants, loans or other potential sources that are not yet secured. FINDINGS/CONCLUSIONS: The Planning Commission held a public hearing on the adoption of the proposed TIP on August 16, 2022. At this hearing the Planning Commission made a unanimous motion to approve the TIP with the additions and amendments identified in Section Two of the accompanying Resolution. The following procedural steps have been completed for the subject code amendments: • Completed Department of Commerce review under Submittal IDs: 2022-S-4010 and 2022-S- 4010A. • Notice of Public Hearings issued on August 5, 2022 and published on August 9, 2022. The SEPA process was delayed for this project; and as such, the SEPA appeal period will not have tolled before these amendments are presented to the City Council for their approval. As such, if approved by the City Council these amendments will not be routed for signatures or published until August 30, 2022, the day after the SEPA appeal period tolls. Additionally, should a SEPA appeal be filed these amendments would be null and void and would need to be brought back to the Planning Commission and the City Council once the SEPA appeal was resolved. RECOMMENDATION: Council move to approve the accompanying Resolution. ATTACHED: • Proposed Resolution • Proposed TIP  AGENDA ITEM: C DATE: August 24, 2022 TO: Mayor Boudreau and City Council FROM: Rebecca Lowell, Development Services SUBJECT: PUBLIC HEARING ON AMENDMENTS TO MVMC CHAPTER 17.09 (DISTRICTS ESTABLISHED) AND 17.56 (COMMERCIAL/LIMITED INDUSTRIAL DISTRICT) RECOMMENDED ACTION: Council hold a public hearing and make a recommendation to adopt the subject code amendments. INTRODUCTION/BACKGROUND: Attached to this memo is a copy of the proposed code amendments in Ordinance form. Please remember when reviewing this ordinance that changes identified with red underlined font are proposed to be added to the existing code and changes identified with red strikethrough font are proposed to be deleted from the existing code. Text that is not red is existing code that is not proposed to be amended. The proposed amendments are brought forward for the following reasons: • MVMC 17.09, Districts Established: last year staff noticed a few comprehensive plan and zoning designations that should be associated with each other were not correctly listed. The amendments to this chapter correct this. • MVMC 17.56, Commercial/Limited Industrial District: the 2022 docket includes a code amendment to reduce the separation distance from 1,000 feet to 500 feet between marijuana uses and public transit centers to allow the re-development of a property addressed as 409 Eleanor Lane. Language has also been added to this Chapter to ensure marijuana uses are limited to the area south of Blackburn Road and east of the existing railroad tracks. FINDINGS/CONCLUSIONS: The Planning Commission held a public hearing on the proposed code amendments on August 16, 2022. At this hearing the Planning Commission made a unanimous motion to approve the code amendments before Council this evening. The following procedural steps have been completed for the subject code amendments: • The Department of Commerce granted expedited review under Submittal IDs: 2022-S-4055 and 2021- S-3250. • Notice of Public Hearings issued and published on August 9, 2022. The SEPA process was delayed for this project; and as such, the SEPA appeal period will not have tolled before these code amendments are presented to the City Council for their approval. As such, if approved by the City Council (following the Commission’s hearing) the accompanying Ordinance will not be routed for signatures or published until August 30, 2022, the day after the SEPA appeal period tolls. Additionally, should a SEPA appeal be filed the Ordinance would be null and void and would need to be brought back to the Planning Commission and the City Council once the SEPA appeal was resolved. RECOMMENDATION: Adoption of the subject code amendments. ATTACHED: • Proposed Ordinance  AGENDA ITEM: D DATE: August 24, 2022 TO: Mayor Boudreau and City Council FROM: Rebecca Lowell, Development Services SUBJECT: CLOSED RECORD PUBLIC HEARING FOR BLACKBURN ROAD/RAILROAD AVENUE REZONE, PLAN20-0229 RECOMMENDED ACTION: Staff recommends that Council hold a closed record public hearing and make a motion to authorize the Mayor to sign the accompanying ordinance approving the Blackburn Road/Railroad Avenue rezone. INTRODUCTION/BACKGROUND: On July 14, 2022, an open record hearing was held before the Hearing Examiner for the subject rezone. The applicant Olson Blackburn Properties LLC (this LLC is governed by Oly Olsen) proposes to rezone approximately .82-acres from a zoning designation of Light Manufacturing and Commercial District (M-1) to Commercial-Limited Industrial District (C-L). The proposed zoning designation is consistent with the site’s Comprehensive Plan designation of Commercial/Industrial. The proposal properties (P111617, P111616, P28537, and P53940) are located at 225 Blackburn Road, 211 Blackburn Road, and 1920 Railroad Avenue within a portion of the NW ¼ of Section 29, Township 34 North, Range 04 E, WM in Skagit County, Washington. FINDINGS/CONCLUSIONS: The Hearing Examiner recommended approval of the application in a report dated July 29, 2022. No request for reconsideration of the Hearing Examiner’s recommendation of approval was received by this department. The Hearing Examiner’s recommendation is submitted together with the attached proposed Ordinance, the Staff Report, and all of the Exhibits that the Examiner relied upon in making his recommendation. RECOMMENDATION: Staff recommends that Council move to adopt an ordinance approving the Blackburn Road/Railroad Avenue rezone. ATTACHED: • Proposed Ordinance • Hearing Examiner Recommendation • Staff Report and its associated Exhibits  AGENDA ITEM: E DATE: August 24, 2022 TO: Mayor Boudreau and City Council FROM: Rebecca Lowell, Development Services SUBJECT: CLOSED RECORD PUBLIC HEARING FOR MASTER PLAN, TRAFFIC CONCURRENCY, AND DESIGN REVIEW PERMITS FOR THE LIBRARY COMMONS PROJECT RECOMMENDED ACTION: Staff recommends Council hold a closed record public hearing and approve the accompanying Resolution granting the Master Plan, Traffic Concurrency, and Design Review Permits for the Library Commons project. INTRODUCTION/BACKGROUND: Proposed is a three story, approximate 30,000 s.f., public library, community center, and a structured parking garage. There are no wetlands or streams on or adjacent the project site; and the site is not located in the 100-year floodplain. This project results in more than 75 PM peak hour traffic trips being generated; and as such, this permit is required to be processed as a Type IV permit with the Hearing Examiner making a recommendation to the City Council who will make a final decision on the permit [MVMC 14.10.090(D)]. As per MVMC 14.05.080(G) the required Master Plan and Design Review permits have been consolidated with the Transportation Concurrency permit. An open-record public hearing was held before the City’s Hearing Examiner who has recommended conditional approval of the subject permits. FINDINGS/CONCLUSIONS: The Applicant has completed the procedural requirements found in MVMC Chapter 14.05 for Type IV Permits; and as conditioned, will comply with the City’s master plan, traffic concurrency, and design review regulations. RECOMMENDATION: Council move to approve the accompanying Resolution. ATTACHED: • Proposed Resolution • Hearing Examiner’s Recommendation (Exhibit A)  AGENDA ITEM: F DATE: August 24, 2022 TO: Mayor Boudreau and City Council FROM: Peter Donovan, Special Projects Manager SUBJECT: CDBG AGREEMENT WITH FRIENDSHIP HOUSE RECOMMENDED ACTION: Motion to authorize the Mayor to enter into an agreement with Friendship House for CDBG funding to address facility repairs and maintenance. INTRODUCTION/BACKGROUND: Friendship House has applied for, and has been awarded, City CDBG funds to be used for the repairs and improvements to a number of Friendship House facilities. For this particular agreement, Friendship House will repair and repaint exterior siding at its Barbara’s House transitional shelter location. The property is in dire need of these repairs and Friendship House has sought several bids for the project, resulting in the selection of reputable contractor who is prepared to comply with all HUD requirements for the work. FINDINGS/CONCLUSIONS: Friendship House has received a bid in the amount of $46,000. The contract allows for up to 10% of the actual repair costs to be reimbursed to Friendship House staff for Activity Delivery costs; as well as a 10% contingency. City Council has approved this activity within the City’s CDBG Annual Action Plan. Friendship House is prepared to begin these repairs in the next week or two. RECOMMENDATION: A motion to authorize the Mayor to enter into an agreement with Friendship House for CDBG funding to address facility repairs and maintenance. ATTACHED: Draft Agreement. Please Note: staff continues to finalize nonsubstantive language in this draft. Some scrivener’s errors may still exist in this draft version of the agreement.  AGENDA ITEM: G DATE: August 24, 2022 TO: Mayor Boudreau and City Council FROM: Peter Donovan, Special Projects Manager SUBJECT: HB1406 GRANT AWARDS RECOMMENDED ACTION: Motion to approve the 1406 grant award recipients and amounts INTRODUCTION/BACKGROUND: Council directed staff to create a grant application process for the distribution of initial collections of the City’s Affordable Housing Sales Tax Credit, also referred to as HB1406 funding. This funding is intended to serve residents who are at or below 60% of Mount Vernon’s area median income, and may be used for acquiring, rehabilitating, or constructing affordable housing; the operations and maintenance of new units of affordable or supportive housing; or for rental assistance. Staff prepared an application and timeline for the grant process, which was approved by Council during a May 18th discussion of the topic. A neutral third party—United Way of Skagit County—was asked to form a committee to assess the applications and make a recommendation to Council on how the funding may be distributed among applicants. Council discussed the committee recommendations on July 20 and requested that the timeline be extended, and the topic revisited. Further discussion of awards and recipients occurred at Council’s August 17th Study Session. Clarification was sought from applicants and the review committee. FINDINGS/CONCLUSIONS: The following awards are based on the review committee’s recommendation, Council discussion, and applicant clarification: --Friendship House: $40,000 --Youthnet: $10,000 --Family Promise: $15,000 --IRIS: $20,000 --Housing Authority of Skagit County: $35,000 RECOMMENDATION: A motion to approve the designated agencies, and the award amounts, for the City’s 1406 Grant program ATTACHED: None  AGENDA ITEM: H City of MOUNT VERNON DATE: August 24, 2022 TO: Mayor Boudreau and City Council FROM: Jennifer Berner, Director, Parks and Enrichment Services SUBJECT: AGREEMENT: UPDATE PARKS, RECREATON AND OPEN SPACE ELEMENT OF THE COMPREHENSIVE PLAN RECOMMENDED ACTION: Staff recommends Council authorize the Mayor to enter into an agreement with Beckwith Consulting Group to update the City's Parks, Recreation, and Open Space Element of the Comprehensive Plan. INTRODUCTION/BACKGROUND: The current Parks, Recreation, and Open Space Element of the Comprehensive Plan was updated in 2014. It is important to have an updated Park Plan to best understand the community needs, which informs budgeting, programming, and Capital Improvement projects and keeps the City eligible for state grants through the Recreation Conservation Office (RCO). The Plan will create a roadmap for ensuring just and fair quality, proximity, and connections to quality parks and green spaces, recreation facilities and programs throughout the community now and into the future. The process will develop a system-wide approach to prioritize strategies based on current and future funding scenarios. The plan elements will include: Goals and Objectives, Inventory, Public Involvement, Demand and Need Analysis, Capital Improvement Program and Updating the Park Impact Fees. FINDINGS/CONCLUSIONS: None RECOMMENDATION: Request Council to authorize the Mayor to enter into an agreement with Beckwith Consulting Group to update the City's Parks, Recreation, and Open Space Element of the Comprehensive Plan. ATTACHED: 2022 Consultant Agreement - Beckwith Consulting Group  AGENDA ITEM: I DATE: August 24, 2022 TO: Mayor Boudreau and City Council FROM: Chris Phillips, Public Works Director SUBJECT: AMENDMENT NO 2: YARD WASTE DISPOSAL AND COMPOSTING SERVICES RECOMMENDED ACTION: Staff recommends a motion be made by Council extending the City’s current agreement with the Town of LaConner, for Yard Waste Disposal & Composting Services for an additional four-year term. INTRODUCTION/BACKGROUND: The City provides yard waste disposal and composting services to residents and has an agreement with the Town of LaConner for disposal. The current agreement 4-year contract expires on September 30, 2022, and offers an extension for an additional four-year term. At the time of execution, the agreement was a flat rate not to exceed $38,350 the first year and would implement a three percent increase each following year. The agreement was amended on October 24, 2018, removing the requirement for acquiring a City of Mount Vernon business license and liability insurance. Mount Vernon Municipal Code exempts from licensure proprietary functions by any political subdivision of the state. FINDINGS/CONCLUSIONS: The agreement with the Town of LaConner has been beneficial for the City at a savings > than $10,000 per year. City Staff recommends executing the option to renew the agreement for an additional four- year term with three percent annual increases. RECOMMENDATION: Extending the agreement is necessary to provide important yard waste disposal services for City residents. ATTACHED: Original Contract Amendment No 2  AGENDA ITEM: J DATE: August 24, 2022 TO: Mayor Boudreau and City Council FROM: Chris Phillips, Public Works Director SUBJECT: NUVODA, LLC: TRIAL BASIS EQUIPMENT LEASE RECOMMENDED ACTION: Staff recommends that Council pass the proposed resolution with NUVODA, LLC, for the equipment lease associated with the nutrient removal process in the amount of $144,000 plus freight. INTRODUCTION/BACKGROUND: The Wastewater Treatment Plant is currently operating under the new Nutrient General Permit. The new permit is limiting current nutrient discharges and requiring the development of an Optimization Plan to further reduce nutrient discharges to the Skagit River. Due to the Treatment Plants design, there is a reduced hydraulic capacity during Nutrient Removal Mode. With the requirement to reduce the Combined Sewer Overflows (CSO’s) to no more than one per year, the City would be unable to meet those requirements while in the Nutrient Removal Mode. The NUVODA process will allow the plant to maintain high flows to meet the required CSO reduction while also helping to meet new nutrient discharge limits. As part of the Optimization Plan, staff have been researching the Mobile Organic Biofilm (MOB) process by Nuvoda. Nuvoda’s MOB Process, has proven in other applications to significantly increase the biological treatment process needed to remove nutrients. The MOB process will allow the plant to maintain a high hydraulic flow while maintaining nutrient removal. FINDINGS/CONCLUSIONS: The Resolution allowing the trial study will give the Wastewater Utility an opportunity to determine if the MOB process will help reduce nutrient discharges at a level that meets the requirements of the Optimization Plan. RECOMMENDATION: Staff recommends Council approve the resolution and authorize the Mayor to enter into an agreement with Nuvoda ATTACHED: Resolution Proposal & Trial Agreement  AGENDA ITEM: K DATE: August 16, 2022 TO: Mayor Boudreau and City Council FROM: Erin Keator, Human Resources Director SUBJECT: TEAMSTER LOCAL 231 COLLECTIVE BARGAINING AGREEMENT RECOMMENDED ACTION: Staff recommends that Council authorize the Mayor to sign the Teamster collective bargaining agreement for January 1, 2022 through December 31, 2024. INTRODUCTION/BACKGROUND: The Teamster collective bargaining agreement expired on December 31, 2021. The City and the Union began contract negotiations in November of 2021 and reached a tentative agreement for a three year contract in August 2022. The Union voted to ratify the agreement on August 19, 2022. FINDINGS/CONCLUSIONS: Three year contract. Decreased comp-time banks to a maximum of 40 hours and added language that comp-time needs to be used prior to vacation. Decreased the maximum vacation accrual to 80 hours over that accrued in one year. Employees have until 7/31/2023 to reduce their banks or get cashed out the overage plus 40 hours. Increased vacation accrual for 0-4 years of employment and over 19 and 24 years of employment (this is comparable with other jurisdictions). Increased standby pay to $3.00/hour. Added language for on-call pay and clarified stand-by pay. Added Juneteenth as a holiday and provided an extra floating holiday for 2022 in lieu of the Juneteenth holiday the Teamsters were unable to take this year. Increased Mechanic reimbursement from $1000 to $1150. Implemented class and comp study. COLA adjustments: * 2% increase effective 1/1/2022 * 2% increase 7/1/2022 * 4.5% increase 1/1/2023 * CPI-W (2% floor, 4% ceiling) effective 1/1/2024 * Added language regarding DOT physical reimbursement; employees will go to the physician City contracts with or will be reimbursed up to the contracted amount if seeing any other physician. RECOMMENDATION: Staff recommends that Council authorize the Mayor to sign the Teamster Local 231 collective bargaining agreement for January 1, 2022 through December 31, 2024. ATTACHED: None.  AGENDA ITEM: L DATE: August 24, 2022 TO: Mayor Boudreau and City Council FROM: Kevin Rogerson; City Attorney SUBJECT: RE: ALLOCATION AGREEMENT WITH RELEASE OF OPIOID CLAIMS RECOMMENDED ACTION: Approve the Allocation Agreement and Release. INTRODUCTION/BACKGROUND: Mount Vernon is a party, along with a number of local governments, engaged in litigation seeking to hold entities within the pharmaceutical supply chain of prescription opioids accountable for the damage they have caused to local governments. After discussion through legal counsels Mount Vernon along with other local governments engaged in litigation in Washington previously agreed on a form of allocation for opioid funds which is memorialized in a Memorandum of Understanding (“MOU”). The MOU was not a settlement agreement but an agreement as to how funds will be distributed to release county and city claims in the event of settlement. Washington State and local jurisdictions have tentatively reached settlement with the Opioid Distributors set forth in the proposed Allocation Agreement which shall become effective upon approval of all litigating subdivisions in Washington and 90% of non-litigating primary subdivisions as defined in the agreement. The allocation model set forth in the previously approved MOU shall be used in apportioning funds between local governments. See Section 10 of the Agreement. Local government shall receive 50% of the settlement amount ($430,249,769.02) paid over 17 years. See Section 9 of the Agreement. Adjustments to the amount are set forth in the Allocation Agreement to account for administrative costs in implementing the allocation agreement and certain legal fees. As condition to settlement Mount Vernon must execute and return the Subdivision Settlement Participation Form attached as Exhibit 2. How the funds may be used is set forth in Exhibit A “Approved Purposes” of the previously approved MOU which has been incorporated in the Agreement as Exhibit 3. Use of the settlement funds requires submission of appropriate reporting and compliance information to support that such funds were properly used. The percentages of what each local jurisdiction will receive (Skagit County local governments can be found on page B-9) of the settlement is in Exhibit B of the MOU. The county and the cities within it may share the funds however they choose. See Paragraph C 5 and C 4 (a) of the MOU. In the event an agreement cannot be reached then Exhibit B sets forth the allocation to Participating Counties and the Participating Cities or Towns within the Counties based on the default allocation formula. FINDINGS/CONCLUSIONS: The Allocation Agreement, including the Subdivision Settlement Participation Form attached as Exhibit 2, is acceptable to the City of Mount Vernon, WA. RECOMMENDATION: Approval. ATTACHED: Allocation Agreement plus exhibits.  AGENDA ITEM: M DATE: August 24, 2022 TO: Mayor Boudreau and City Council FROM: Kevin Rogerson; City Attorney SUBJECT: RE: AGREEMENT FOR EGRESS RECOMMENDED ACTION: Approve the Agreement. INTRODUCTION/BACKGROUND: Banner Bank is the owner of real property located at 901 South Cleveland, Mount Vernon, WA 98273. This property (formerly used as Skagit State Bank) is across from City Hall and adjacent to and directly North of the City’s at grade parking lot. The City provided Skagit State Bank (Banner Bank’s predecessor) a revocable grant (recorded under Auditor No 8909110015) over a certain portion of City Property for ingress and egress only so long as Skagit State Bank remains the owner (unless assignment of such rights are consented) and was further revocable by the City for “good cause” which includes, but is not limited to serious congestion of traffic upon public streets attributable to Skagit State Bank’s use; a bona fide need for the area by the City for a City purpose; or the granted area is needed by the City to conform to any law, rule or regulation. Banner Bank requested the City a non-exclusive, revocable egress rights from the City of Mount Vernon within a different portion of the City Property (“Egress Area”) to benefit the Banner Bank property using similar terms; provided however that such rights would be a covenant running with the land unless extinguished or revoked pursuant to the terms of the Grant. After discussion with City staff and Council it was preliminarily determined that the interest sought by Banner Bank would likely be surplus to the needs of the City. As consideration for conveyance of certain rights for egress, Banner Bank agreed to provide consideration in the form of: i) performing the necessary survey services to define the area where such rights would be granted, ii) removal of certain improvements constructed by its predecessor on Property (which appears to have occurred), iii) applying necessary directional markings, and iv) the payment of funds. The terms and conditions of this revocable grant of egress are set forth in the attached agreement FINDINGS/CONCLUSIONS: The Agreement for the Conveyance of a Revocable Grant of Egress is acceptable to the City of Mount Vernon, WA. RECOMMENDATION: Approval. ATTACHED: Agreement plus Exhibits.  AGENDA ITEM: N DATE: August 24, 2022 TO: Mayor Boudreau and City Council FROM: William Bullock – City Engineer SUBJECT: INTERLOCAL COOPERATIVE AGREEMENT BETWEEN SKAGIT COUNTY AND CITY OF MOUNT VERNON – BRIDGE INSPECTION SERVICE RECOMMENDED ACTION: Staff recommends renewing the Interlocal Agreement with Skagit County to continue providing Bridge Inspection services to the City. INTRODUCTION/BACKGROUND: The City owns and maintains thirteen bridges that need to be inspected as prescribed by State and Federal laws. The City has utilized the County’s bridge inspection personnel to perform these services through an Interlocal Agreement as they have the specialized training and certifications to perform these inspections. The proposed agreement allows the City to continue to economically obtain these important services from the County. FINDINGS/CONCLUSIONS: These bridges are inspected at least biannually as part of regular maintenance to comply with state and federal regulations. This agreement with the County to provide routine bridge inspection services for the relatively small number of bridges is an economical choice compared to providing these services in- house or by consulting engineers. The annual cost of inspections is approximately $5,000 per year. RECOMMENDATION: Request Council authorize the Mayor to enter into and renew an Interlocal Agreement with Skagit County to continue to provide Bridge Inspection services to the City. ATTACHED: Draft Interlocal Agreement – Bridge Inspections  AGENDA ITEM: O DATE: August 24, 2022 TO: Mayor Boudreau and City Council FROM: Police Chief Chris Cammock SUBJECT: INTERLOCAL AGREEMENT WITH SKAGIT COUNTY TEMPORARY HOUSING REIMBURSEMENT RECOMMENDED ACTION: REQUESTING COUNCIL APPROVAL FOR THE MAYOR TO ENTER INTO AN INTERLOCAL AGREMENT WITH SKAGIT COUNTY TO REIMBURSE TEMPORARY HOUSING COSTS (MOTEL ROOM RENTAL) ASSOCIATED WITH THE POLICE DEPARTMENTS HOMELESS OUTREACH SERVICES. INTRODUCTION/BACKGROUND: The police department’s embedded social worker is currently working with Skagit County’s emergency low-barrier shelter program for individuals with moderate to severe behavioral health disorders and are homeless or at risk of becoming homeless. Skagit County agrees to reimburse the City in an amount not to exceed fifteen thousand dollars ($15,000) for motel room rental expenses and related costs as outlined within the agreement for clients we identify, are case managing and determine would benefit from the low barrier shelter program. These are federal funds that are part of the Skagit County agreement with the Washington State Department of Commerce which we agree to comply with as part of the agreement. 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 Skagit County for outreach services low barrier shelter cost reimbursement. ATTACHED: Interlocal Agreement and Exhibit A Interlocal With Skagit County for Low Barrier Shelter Reimbursement Agreement  AGENDA ITEM: P DATE: August 24, 2022 TO: Mayor Boudreau and City Council FROM: Rebecca Lowell, Development Services SUBJECT: SETTING OF A PUBLIC HEARING DATE FOR A STREET VACATION RECOMMENDED ACTION: Staff recommends that Council make a motion to authorize the Mayor to sign the accompanying Resolution setting a public hearing date for a proposed street vacation. INTRODUCTION/BACKGROUND: The City needs to set a public hearing date to consider the vacation of portions of the alley located south of parcels P54139, P54141, P54142, and P54147; portions of the current 3rd Street Right of Way (ROW) along parcel P54147; portions of the south side of Kincaid St along parcels P54147 and P54142; and the platted 3rd Street ROW. The attached Resolution and map identify the areas proposed to be vacated. FINDINGS/CONCLUSIONS: Chapter 35.79 of the Revised Code of Washington outlines the process for street right-of-way vacations. The Resolution before Council satisfies the first step in the street vacation process that requires setting a public hearing date. RECOMMENDATION: Council move to authorize the Mayor to sign the accompanying Resolution setting a hearing date on September 28, 2022. ATTACHED: • Proposed Resolution