City Council

CITY OF MOUNT VERNON CITY COUNCIL MEETING AGENDA September 28, 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 September 28, 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 September 14, 2022 Regular Council Meeting Minutes B. Approval of September 20, 2022 payroll checks numbered 111640 - 111660 direct deposit checks numbered 90007 - 902253 and wire transfers numbered 1135 - 1139 in the amount of $1,406,291.33 C. Approval of September 28, 2022 Claims numbered 19019 - 19153 in the amount of $1,640,405.04. IV. REPORTS A. Committees 1. Finance & Parks and Enrichment Services 2. Development Services 3. Public Safety B. Councilmember Comments C. Mayor’s Report D. Committee Agenda Requests Mount Vernon City Council Agenda September 28, 2022 Page 3 V. UNFINISHED BUSINESS None VI. NEW BUSINESS A. Skagit County Community Court Presentation (Skagit County staff will provide an update of Skagit County Community Court) (required action – none) (staff contact – Peter Donovan) B. Approval of Agreement – Skagit County (Staff is requesting approval of an agreement with Skagit County for Community Court services.) (required action – motion) (staff contact – Peter Donovan) C. Approval of Agreement – Skagit County (Staff is requesting approval of an agreement with Skagit County for probation monitoring.) (required action – motion) (staff contact – Peter Donovan) D. Public Hearing – Street Vacations (This is a public hearing to allow input for the consideration of the vacation of portions of the alley, 3rd Street, and Kincaid Street needed for the Library Commons Project.) (required action – ordinance) (staff contact – Rebecca Lowell) E. Approval of Agreement – Associated Earth Sciences, Inc. (Staff is requesting approval of an agreement with Associated Earth Sciences, Inc. for equipment installation and monitoring the Skagit Highlands pond.) (required action – motion) (staff contact – Chris Phillips) F. Approval of Agreement – Tower Engineering Company (Staff is requesting approval of an agreement with Tower Engineering Company to prepare design, plan, and bid documents for the repair and reconditioning of the Stokely Tower.) (required action – motion) (staff contact – Chris Phillips) G. Approval of Agreement – Library Commons Project (Staff is requesting approval of an agreement with GeoEngineers for geotechnical support and inspection services in an amount not to exceed $49,100.) (required action – motion) (staff contact – William Bullock) H. Approval of Agreement – Alpine View Wall Repair Project (Staff is requesting approval of an agreement with Trico Companies, LLC in the amount of $79,565.44.) (required action – motion) (staff contact – Willam Bullock) I. Approval of Agreement Amendment – TRICO Companies, LLC (Staff is requesting approval of Change Order No. 1 to agreement 4247 with TRICO Companies, LLC. for the Sherman Anderson Backstop Replacement Project 2022-RFP-006.) (required action – motion) (staff contact – Jennifer Berner) Mount Vernon City Council Agenda September 28, 2022 Page 3 COMMITTEE MEETINGS Finance & Parks and Enrichment Services 6:00 p.m. Next Ordinance 3857 Next Resolution 1019  AGENDA ITEM: A DATE: September 28, 2022 TO: Mayor Boudreau and City Council FROM: Peter Donovan, Special Projects Manager SUBJECT: COMMUNITY COURT UPDATE RECOMMENDED ACTION: None INTRODUCTION/BACKGROUND: Skagit County government offers a community-based diversion program within the court system. In an effort to assist judges, prosecutors, defense counsel, and law enforcement in Skagit County to reduce drug use, crime, and unnecessary incarceration, the City of Mount Vernon contracts with Skagit County for community court services. FINDINGS/CONCLUSIONS: Staff from Skagit County will present an overview and update on the community court program. RECOMMENDATION: None ATTACHED: None  AGENDA ITEM: B DATE: September 28, 2022 TO: Mayor Boudreau and City Council FROM: Peter Donovan, Special Projects Manager SUBJECT: COMMUNITY COURT AGREEMENT RECOMMENDED ACTION: Motion INTRODUCTION/BACKGROUND: Skagit County government offers a community-based diversion program within the court system. In an effort to assist judges, prosecutors, defense counsel, and law enforcement in Skagit County to reduce drug use, crime, and unnecessary incarceration, the City of Mount Vernon contracts with Skagit County for community court services. FINDINGS/CONCLUSIONS: The existing agreement expires at the end of 2022. On September 7th, City Council was briefed in committee on the proposed renewal which includes the same scope of work along with a modest service rate increase (3.2%). RECOMMENDATION: Staff recommends a motion to authorize the Mayor to enter into an agreement with Skagit County for Community Court services. ATTACHED: Proposed Agreement  AGENDA ITEM: C DATE: September 28, 2022 TO: Mayor Boudreau and City Council FROM: Peter Donovan, Special Projects Manager SUBJECT: PROBATION MONITORING AGREEMENT RECOMMENDED ACTION: Motion INTRODUCTION/BACKGROUND: Skagit County has a probation department capable of serving both the Skagit County District Court and, with some use restrictions, the cities within Skagit County. The Skagit County District Court Probation Department has provided probation services to the City of Mount Vernon in past years based on its participation in the consolidated district/municipal court judicial services plan. FINDINGS/CONCLUSIONS: The County will provide full probation services, pre-trial monitoring, monitoring of treatment and community-based support group attendance, deferred prosecution requirements, pre-post-sentence investigations, assistance with connecting clients with support and community-based programming and the collection of restitution and monitoring of prohibitions. Council was briefed in committee on September 7th that the rates set forth in the existing agreement for these services are currently underfunding the actual cost of service. The current rate structure brings the existing rates, set in 2011, up to 2022 standards as set forth by RCW 9.95.214 RECOMMENDATION: Staff recommends a motion to authorize the Mayor to enter into an agreement with Skagit County for probation monitoring services. ATTACHED: Proposed Agreement  AGENDA ITEM: D DATE: September 28, 2022 TO: Mayor Boudreau and City Council FROM: Rebecca Lowell, Development Services SUBJECT: PUBLIC HEARING FOR STREET VACATIONS RECOMMENDED ACTION: Staff recommends Council make a motion to authorize the Mayor to sign the accompanying Ordinance approving the vacation of portions of an alley, Kincaid Street, and 3rd Street. INTRODUCTION/BACKGROUND: Staff is processing an application proposing to vacate 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 legal description and map identify the areas proposed to be vacated). On August 24, 2022 City Council set tonight (September 28, 2022) as the date these vacations would be considered by City Council. FINDINGS/CONCLUSIONS: Chapter 35.79 of the Revised Code of Washington outlines the process for street right-of-way vacations. The Ordinance before Council documents compliance with State law and the Mount Vernon Municipal Code. The City Attorney has advised staff that since the City already has all the property interest in the areas proposed to be vacated an appraisal and compensation for the fair market value of the vacated areas is not required. RECOMMENDATION: Council move to authorize the Mayor to sign the accompanying Ordinance approving the proposed vacations. ATTACHED: • Proposed Ordinance that includes legal descriptions and maps showing the proposed street vacation areas • Resolution 1018  AGENDA ITEM: E DATE: September 28, 2022 TO: Mayor Boudreau and City Council FROM: Blaine Chesterfield, Engineering Manager SUBJECT: ASSOCIATED EARTH SCIENCES, INC. PROFESSIONAL SERVICES AGREEMENT RECOMMENDED ACTION: Staff requests the City Council authorize the Mayor to approve the professional services agreement with Associated Earth Sciences, Inc. (ASEI) for consulting services related to the monitoring of the slope between the upper and lower Skagit Highland ponds. The total cost of this agreement is $65,100. INTRODUCTION/BACKGROUND:  The Skagit Highlands Pond was installed in 2006.  City staff observed cracking in the slope between the two ponds in 2012. Staff has continually monitored the site since the cracking was noticed.  Two different Geotechnical Engineering firms have recommended installing inclinometers to monitor the slopes stability. FINDINGS/CONCLUSIONS:  AESI has experience in this region and extensive knowledge of the Skagit Highlands ponds.  AESI is recommending two inclinometers and one ground water well to monitor the slope quarterly for the next year.  AESI will report all findings in a written report on a quarterly basis.  Expenses for this monitoring will be Surface Water Utility funded. RECOMMENDATION: Approval of the proposed professional services agreement with Associated Earth Sciences, Inc. will give the City additional information to determine if any actions are needed to ensure the stability of the ponds. ATTACHED: Professional Services Agreement  AGENDA ITEM: F DATE: September 28, 2022 TO: Mayor Boudreau and City Council FROM: Blaine Chesterfield, Engineering Manager SUBJECT: TOWER ENGINEERING COMPANY PROFESSIONAL SERVICES AGREEMENT RECOMMENDED ACTION: Staff requests the City Council authorize the Mayor to approve the professional services agreement with Tower Engineering Company (TEC), for consulting services related to the design, preparation of bid documents, and construction inspection of Stokely Tower. The total cost of this agreement is $23,500. INTRODUCTION/BACKGROUND:  The 2017 and 2022 Structural Analysis and Observation Reports highlighted some repair and restoration work that needs to be performed on the Mount Vernon Stokely Water Tower.  Work performed under this agreement will be funded as part of the facilities budget. FINDINGS/CONCLUSIONS:  TEC has performed several inspections on the Stokely Tower. TEC has an excellent record working on the design and inspection of tower restoration projects.  TEC has worked with Gunnerson Consulting, our on-call communication tower consultant on past projects.  Staff would like to start restoration work on the water tower in 2023 or as soon as possible. RECOMMENDATION: Approval of the proposed professional services agreement with Tower Engineering Company will allow the City to start design, develop a phased plan, and advertise a bid package for the Stokely Tower Restoration Project. ATTACHED: Professional Services Agreement  AGENDA ITEM: G DATE: September 28, 2022 TO: Mayor Boudreau and City Council FROM: William Bullock, PE – City Engineer SUBJECT: LIBRARY COMMONS PROJECT – CONTRACT FOR GEOTECHNICAL SUPPORT AND INSPECTION SERVICES - GEOENGINEERS INTRODUCTION/BACKGROUND: The initial phase of the Library Commons construction involves the installation of over 1,000 geopiers, also known as rock columns, to stabilize the soils under the library/parking garage structure and support the building footings. These rock columns will be approximately 25 to 40 feet deep, depending on soil conditions, and will be installed on roughly six-foot centers. Each column is circular, the soil is augured out and replaced with crushed gravel, vibratory compacted back into the hole. This will create a grid of compacted rock piers to support the weight of a three-story concrete building. GeoEngineers has specific and unique experience in this field and will provide the required construction observation services, testing, engineering evaluation, and consultation during earthwork activities and foundation construction. They will also provide engineering consultation and recommendations for design changes if subsurface conditions encountered are different from those anticipated, or if problems arise during construction. FINDINGS/CONCLUSIONS: GeoEngineers was selected from the MRSC Professional Services Roster as the firm with the preferred level of expertise. The total scope and fee for these devices will be for an amount not to exceed $49,100. RECOMMENDATION: Motion to approve authorization for the Mayor to execute a contract with GeoEngineers to provide geotechnical engineering, inspection, and support services for the Library Commons project, in an amount not to exceed $49,100. ATTACHED: 1. Contract, Scope, and Fee 2. Vicinity Map  AGENDA ITEM: H DATE: September 28, 2022 TO: Mayor Boudreau and City Council FROM: William Bullock, P.E. - City Engineer SUBJECT: CONTRACT AWARD FOR THE ALPINE VIEW WALL REPAIR PROJECT RECOMMENDED ACTION: Staff recommends a motion authorizing the Mayor to award the construction contract for the Alpine View Wall Repair Project to Trico Companies LLC, of Burlington, WA in the amount of $79,565.44. INTRODUCTION/BACKGROUND: In late 2021, it was found that a retaining wall on Alpine View Drive, north of Eaglemont Drive, had suffered a failure due to excessive pressure from a tree root ball (see attached pictures). At the time, Mount Vernon had TranTech Engineering’s Structural Division under contract performing the City’s bridge load rating analysis. Public Works extended the TranTech contract scope with a new task order to assess the damage to the wall and design a repair solution. Public Works advertised the repair project on September 2, 2022, and opened bids on Friday, September 23, 2022. FINDINGS/CONCLUSIONS: One bid was received on September 23, 2022, in the amount of $79,565.44, provided by Trico Companies and is within the funding budget. The bid was responsive and prepared in accordance with the contract documents. The construction cost estimate for the project was $47,000.00. RECOMMENDATION: Staff recommends Council award the construction bid for the construction of the Alpine View Wall Repair Project to Trico Companies LLC in the amount of $79,565.44. ATTACHED: Bid Tabulation Vicinity Map AGENDA ITEM: I