City Council

CITY OF MOUNT VERNON CITY COUNCIL MEETING AGENDA December 14, 2022, 7:00 p.m. Police Court Campus, 1805 Continental Place To virtually attend the meeting, the public may: 1. Watch the meeting live on TV10: Comcast/Xfinity Channel 10 2. 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 December 14, 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. If you are unable to attend the meeting and would like to make your comments via Zoom, please submit a request to speak via email to communitycomments@mountvernonwa.gov or by telephone at 360-419-3253. Requests must be received by 4 p.m. on December 14, 2022) III. CONSENT AGENDA A. Approval of November 30, 2022 Regular Council Meeting Minutes B. Approval of December 5, 2022 payroll checks numbered 111779 - 111798 direct deposit checks numbered 91253 - 91508 and wire transfers numbered 1160 - 1164 in the amount of $1,118,343.63 C. Approval of December 14, 2022 Claims numbered 19848 - 20027 in the amount of $877,821.09 D. Approval of Agreements 4320 - 4322 IV. REPORTS A. Committees 1. Public Works/Library 2. Public Safety 3. Development Services B. Councilmember Comments Mount Vernon City Council Agenda December 14, 2022 Page 2 of 4 C. Committee Agenda Requests V. UNFINISHED BUSINESS None VI. NEW BUSINESS A. Public Hearing – 2023 - 2028 Capital Improvements Plan (CIP) (This is an open record public hearing to consider adoption of the 2023 – 2028 CIP with Ordinance 3861.) (required action – ordinance) (staff contact – Peter Donovan) B. Closed Record Public Hearing – Non-Conforming Structure (This is a closed record public hearing to approve the expansion of an existing non-conforming structure located at 1400 N. 30th Street, #170, with Resolution 1021.) (required action –resolution) (staff contact – Rebecca Lowell) C. Approval of Agreement – Skagit County (Staff is requesting approval of an interlocal agreement with Skagit County for the provision of senior services for the calendar year 2023.) (required action – motion) (staff contact – Doug Volesky) D. 2022 Budget Amendment (Staff is requesting adoption of Ordinance 3862 amending the 2022 Budget.) (required action – ordinance) (staff contact – Doug Volesky) E. Approval of Agreement – Skagit Watershed Council (Staff is requesting approval of an agreement with Skagit Watershed Council for 2023 Lodging Tax funding) (required action – motion) (staff contact – Doug Volesky) F. Approval of Agreement – Skagit County (Staff is requesting approval of an interlocal agreement with Skagit County to provide funding for library services for residents of unincorporated Skagit County.) (required action – motion) (staff contact – Isaac Huffman) G. Approval of Resolution – Equipment Surplus and Disposal. (Staff is requesting approval Resolution 1022 declaring certain equipment surplus and allowing disposal of the equipment.) (required action – resolution) (staff contact – Mary Thomas) H. Approval of Agreement – Camino (Staff is requesting approval of an agreement with Camino for Development Guide software.) (required action – motion) (staff contact – Darren Groth) I. Project Acceptance – 2020 Curb Ramp Improvements Project (Staff is requesting approval of the acceptance of the 2020 Curb Ramp Improvements Project completed by Trinity Contractors, Inc.) (required action – motion) (staff contact – William Bullock) Mount Vernon City Council Agenda December 14, 2022 Page 3 of 4 J. Project Acceptance – College Way/30th Street Intersection Signal Project (Staff is requesting approval of the acceptance of the College Way/30th Street Intersection Project completed by Larry Brown Construction.) (required action – motion) (staff contact – William Bullock) K. Project Acceptance – 2021 Sanitary and Storm Sewer Lining Project (Staff is requesting approval of the acceptance of the 2021 Sanitary and Storm Sewer Lining Project completed by Insituform Technologies, LLC.) (required action – motion) (staff contact – William Bullock) L. Project Acceptance – College Way SR538 @ I-5 Lane Capacity Improvements Project (Staff is requesting approval of the acceptance of the College Way SR538 @ I-5 Lane Capacity Improvements Project completed by Granite Construction, Inc.) (required action – motion) (staff contact – William Bullock) M. Project Acceptance – N. 4th Street/Riverside Drive BNSF Railroad Crossing Improvements Project (Staff is requesting approval of the acceptance of the N. 4th Street/Riverside Drive BNSF Railroad Crossing Improvements Project completed by Jag Corporation.) (required action – motion) (staff contact – William Bullock) N. Project Acceptance – College Way & Riverside Drive Signal Corridor Improvements Project (Staff is requesting approval of the acceptance of the College Way & Riverside Drive Signal Corridor Improvements Project completed by Colacurcio Brother, Inc.) (required action – motion) (staff contact – William Bullock) O. Approval of Resolution – Sole Source Purchase (Staff is approval of Resolution 1023 authorizing a sole source purchase of three Flygt submersible pumps for installation at the Hazel Street Sanitary pump station.) (required action – resolution) (staff contact –William Bullock) P. Approval of Agreement – Wilson Engineering, LLC (Staff is requesting approval of an agreement with Wilson Engineering, LLC for professional engineering services to assist with the design of the Division Street Sidewalk Retrofit Project.) (required action – motion) (staff contact – William Bullock) Q. Approval of Ordinance – Compost Procurement Requirements (Staff is requesting adopting of Ordinance 3863 conforming to Washington State Compost Procurement requirements.) (required action – ordinance) (staff contact – Chris Phillips) R. Approval of Agreement – Skagit County (Staff is requesting approval of an interlocal agreement with Skagit County for Embedded Social Worker funding for 2023.) (required action – motion) (staff contact – Chris Cammock) S. Approval of Agreement – Skagit County (Staff is requesting approval of an agreement with Skagit County for a temporary construction easement for the Library Commons Project.) (required action – motion) (staff contact – Kevin Rogerson) Mount Vernon City Council Agenda December 14, 2022 Page 4 of 4 T. Municipal Code Amendment – Chapter 10.20 Parking Zones (Staff is requesting adoption of Ordinance 3864 amending Chapter 10.20 of the Municipal Code to restrict parking for governmental services during the construction of the Library Commons Project.) (required action – ordinance) (staff contact – Kevin Rogerson) COMMITTEE MEETINGS Public Works and Library Next Ordinance 3861 Next Resolution 1021  AGENDA ITEM: A DATE: December 14, 2022 TO: Mayor Boudreau and City Council FROM: Peter Donovan, Project Development Manager SUBJECT: OPEN RECORD PUBLIC HEARING FOR 2023-2028 CAPITAL IMPROVEMENTS PLAN (CIP) RECOMMENDED ACTION: Hold the required Open Record Public Hearing on the CIP for the period 2023-2028. Following the Public Hearing, staff recommends that Council move to approve, or modify, the Ordinance amending the Comprehensive Plan for the City by updating the Capital Improvements Plan for the Period 2023-2028 INTRODUCTION/BACKGROUND: -The draft CIP for 2023-2028 is proposed as our yearly update to the Capital Facilities Element of the Comprehensive Plan. -The CIP is a six-year plan of capital projects with estimated costs and proposed methods of financing that is updated annually. -The Washington State Growth Management Act requires jurisdictions fully planning under the GMA to include a capital facilities plan element in their comprehensive plans (RCW 36.70A.070(3)). The capital facilities element is required before a jurisdiction can impose GMA impact fees. -The process begins with Department Heads submitting their capital requests, and then the Mayor and her staff meet with applicable Department Heads to review their requests in detail, and revise as necessary. The draft CIP is then assembled and a) sent to the Department of Commerce for a 60-day review, b) taken before the Planning Commission as a Public Hearing for review and recommended approval, and c) subsequently taken before City Council as a Public Hearing for review and recommended approval. -Planning Commission has reviewed the CIP in a public meeting, on December 6, 2022 -The Planning Commission approved and recommends the 2023-2028 CIP, after a public hearing on the December 6, 2023. -The City Council CIP Public Hearing is December 14, 2022. - Please note that we have again included a section in this year’s CIP titled, “Top Two Priority Projects” from each Department that includes applicable pictures or visual aids. FINDINGS/CONCLUSIONS: Staff has followed the extensive and collaborative process that is prescribed for updating the City’s CIP. The Mayor has approved the updates. The Mount Vernon Planning Commission has held a public hearing, prior to approving the draft, and have recommended the 2023-2028 CIP to Council for final approval. RECOMMENDATION: Following a Public Hearing, Staff recommends approval of the 2023-2028 Capital Improvements Plan. ATTACHED: -Draft Ordinance  AGENDA ITEM: B DATE: December 14, 2022 TO: Mayor Boudreau and City Council FROM: Rebecca Lowell, Development Services SUBJECT: CLOSED RECORD PUBLIC HEARING FOR CHAVEZ REQUEST FOR SPECIAL PERMISSION, PLAN22-0153 RECOMMENDED ACTION: Staff recommends that Council hold a closed record public hearing and make a motion to authorize the Mayor to sign the accompanying resolution approving the above-identified expansion of a non- conforming structure. INTRODUCTION/BACKGROUND: The Applicant wishes to convert a structure built without benefit of City permits into a covered porch. The new covered porch will be located on the east side of the existing home. The existing mobile home is classified as non-conforming because it has front, rear and side yard setbacks that are less than what is required within this mobile home park. MVMC Chapter 17.102 has a process by which the City Council (upon recommendation by the Hearing Examiner) can grant special permission to enlarge or expand an existing non-conforming structure and/or use so long as certain criteria are met. The proposal property has an address of 1400 N 30th Street (within the Skagit Valley Mobile Manner), and its parcel numbers are P25361 and P25507. FINDINGS/CONCLUSIONS: On November 16, 2022, an open record hearing was held before the Hearing Examiner. The Examiner recommended approval of the application in his Findings of Fact, Conclusions of Law and Recommendation accompanying this memo dated November 18, 2022. No request for reconsideration of the Examiner’s recommendation of approval was received by the department. The Hearing Examiner’s recommendation is submitted together with the attached proposed Resolution, the Staff Report, and all of the Exhibits that the Examiner relied upon in making his recommendation. RECOMMENDATION: Staff recommends Council move to adopt a resolution approving the expansion of a non-conforming structure. ATTACHED: • Proposed Resolution • Hearing Examiner Recommendation and its associated Notice • Staff Report and its associated Exhibits  AGENDA ITEM: C DATE: December 14, 2022 TO: Mayor Boudreau and City Council FROM: Doug Volesky, Finance Director SUBJECT: INTERLOCAL AGREEMENT WITH SKAGIT COUNTY FOR THE PROVISION OF SENIOR SERVICES FOR THE YEAR 2023. RECOMMENDED ACTION: Staff recommends that Council authorize the Mayor to enter into an interlocal agreement with Skagit County for the provision of senior services for the calendar year 2023. INTRODUCTION/BACKGROUND: Each year the City of Mount Vernon budgets for and provides funding to Skagit County for their Senior Services Program within the Department of Public Health for services provided to our senior community. These services include: - Nutrition services that include nutritionally balanced noon-time meals at the Mount Vernon Senior Center and home-delivered meals to seniors over the age of 60 and meals served at the senior center over the noon hour. - Operational support of the Mount Vernon Senior Center which provides senior center program services to our senior community. FINDINGS/CONCLUSIONS: The City has committed $58,005 of financial support to Skagit County for the provision of services to our senior community for 2023 which is included in the adopted 2023 City budget. An interlocal agreement between our two agencies needs to be approved to confirm the City’s funding commitment. The 2023 budget for senior services represents a 1.5% increase from 2022 to 2023. RECOMMENDATION: Staff recommends Council authorize the Mayor to enter into this agreement. ATTACHED: Interlocal Cooperative Agreement between Skagit County Senior Services and the City of Mount Vernon.  AGENDA ITEM: D DATE: December 14, 2022 TO: Mayor Boudreau and City Council FROM: Doug Volesky, Finance Director SUBJECT: 2022 BUDGET AMENDMENT RECOMMENDED ACTION: City staff is requesting Council to approve an ordinance to amend the 2022 Adopted Budget. INTRODUCTION/BACKGROUND: The 2022 Budget Amendment includes the following: 1. The General Fund (F001) requires an increase in appropriated revenue and expenditures of $250,000 to account for increased Public Safety Sales Tax and the transfer to Skagit County. 2. The Government Access Fund (F110) requires an increase in appropriated expenditures in the amount of $50,000 to account for remodel project and air conditioning replacement. Fund reserves will offset this cost. 3. The American Rescue Plan Act Fund - ARPA (F121) requires an increase in appropriations of $2,500,000. $500,000 is included for 2021 rollover budgeted amounts for computer and HVAC equipment and $2,000,000 for a transfer to the Library Commons project. A $4,000,000 transfer is included in the 2023 budget, but timing with funding issues requires $2,000,000 of that to be budgeted in 2022. 4. The Library Commons Fund (F301) requires an increased appropriations of $3,250,000 for payments of professional services and construction costs. This is an estimated amount for 2022 associated with the contract with Lydig Construction approved by Council on September 7, 2022 and other related costs. a. This will be offset with a $2,000,000 transfer from ARPA (F121), a $250,000 transfer from TBD (F117), a $100,000 transfer from REET I (F304) and use of reserves. These transfers are included in the MVLC approved funding plan. 5. The Transportation Benefit District Fund – TBD (F117) needs an additional $250,000 for the transfer to the Library Commons Fund (F301) as discussed above. 6. The REET I Fund (F304) needs an additional $100,000 for the transfer to the Library Commons Fund (F301) as discussed above. 7. The Fire Stations Projects Fund (F306) needs an additional $1,500,000 appropriation for expenditures related to the remodel of Fire Station 3. This is an estimated amount for 2022 associated with the contract with Trico Construction approved by Council on June 9th, 2022.  a. This is offset with an increase in budgeted revenues of $1,500,000 from Fire Bond proceeds. 8. The Public Works Facility Fund (F328) needs an appropriation of $20,000 for the payment of retainage release for the maintenance shop canopy addition construction. Funding will come from this fund’s reserves. FINDINGS/CONCLUSIONS: As these increases in expenditures were not included in the 2022 adopted budget, these budget amendments are necessary to complete and properly record these expenditures. All listed funds have available funding for these expenditures. RECOMMENDATION: City staff is requesting Council to approve ordinance 3862 to amend the 2022 Adopted Budget. ATTACHED: Ordinance 3862  AGENDA ITEM: E DATE: December 14, 2022 TO: Mayor Boudreau and City Council FROM: Doug Volesky, Finance Director SUBJECT: APPROVAL OF AGREEMENT WITH SKAGIT WATERSHED COUNCIL RECOMMENDED ACTION: Staff is requesting that Council authorize the Mayor to enter into an agreement with the Skagit Watershed Council for the receipt of budgeted 2023 Lodging Tax Funds. INTRODUCTION/BACKGROUND: During the 2023 budget process the Skagit Watershed Council applied and was awarded $1,500 from the Tourism Promotion Fund. FINDINGS/CONCLUSIONS: Per RCW 42.23.040, Councilmember Brocksmith has a “remote interest” in the agreement as an employee of Skagit Watershed Council. A remote interest still allows Council to approve the contract following the procedures set forth in statute. Pursuant to RCW 42.23.040, the agreement must be approved by the Council after Councilmember Brocksmith discloses the extent of his interest which shall be noted in the minutes and abstains from the vote of the agreement. RECOMMENDATION: Staff is requesting that Council authorize the Mayor to enter into an agreement with the Skagit Watershed Council for the receipt of 2023 Lodging Tax Funds. ATTACHED: Contract for Services  AGENDA ITEM: F DATE: December 14, 2022 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 2022 we will receive an amount slightly larger amount than 2021, at $13,701. 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: G DATE: December 14, 2022 TO: Mayor Boudreau and City Council FROM: Mary Thomas, IS Implementation Manager SUBJECT: AUTHORIZATION FOR SURPLUS OF COMPUTER EQUIPMENT RECOMMENDED ACTION: Staff recommends that Council approve a resolution declaring 128 laptops and computers, 5 MDT laptops, 1 tablet, 22 servers, 1 Access Point,19 printers, 68 Monitors, 143 switches, 8 Firewalls, 1 Router, 18 UPS and miscellaneous equipment as surplus. INTRODUCTION/BACKGROUND: Computers, laptops and monitors are on a regular rotation of 5 to 8 years. We move equipment around and remove the oldest pieces in the City. Some of the equipment is broken and is not cost effective to repair or upgrade components. FINDINGS/CONCLUSIONS: Electronic Recycling and Data Destruction will come to the city and gather equipment for disposal. RECOMMENDATION: Approval of Resolution declaring items surplus. ATTACHED: List of equipment to surplus Resolution  AGENDA ITEM: H DATE: December 14, 2022 TO: Mayor Boudreau and City Council FROM: Darren Groth, Development Services Director SUBJECT: CAMINO SOFTWARE CONTRACT RECOMMENDED ACTION: City Staff recommends City Council authorize the Mayor to enter into an agreement with Camino to provide a cloud-based Development Guide software to that integrates current MVMC and SmartGov permit software to assist applicants to better understand the permit process. INTRODUCTION/BACKGROUND: City staff has briefed City Council on a few occasions in committee on the merits of Camino software and it has been included in the City Council approved 2023 budget. DS Staff desires to enter into agreement with Camino for an annual fee of $17,000. Although the contract will be staffed in 2022, no appropriation of funding will occur until Jan 2023. FINDINGS/CONCLUSIONS: City staff previously noted how Camino software will be implemented and utilized. RECOMMENDATION: City Staff recommends City Council authorize the Mayor to enter into agreement with Camino. ATTACHED: Camino Contract  AGENDA ITEM: I DATE: December 14, 2022 TO: Mayor Boudreau and City Council FROM: William Bullock, City Engineer SUBJECT: PROJECT ACCEPTANCE #TS-2020-001: 2020 CURB RAMP IMPROVEMENTS RECOMMENDED ACTION: Staff recommends Council authorize the Mayor to accept the work completed by Trinity Contractors, Inc., on the 2020 Curb Ramp Improvements project. INTRODUCTION/BACKGROUND: The project included improvements to curb ramps at approximately one hundred street corners. Work included demolishing existing sidewalks, ramps, curbs, and gutters, and installing accessible curb ramps, sidewalks, pedestrian curb, traffic curbs and gutters, detectable warning surfaces, and restoring pavement and landscaping, and retrofitting existing curb ramps with detectable warning surfaces. The project was awarded on September 23, 2020, for $476,280.00. FINDINGS/CONCLUSIONS: Physical completion was achieved on April 15, 2022, in accordance with the plans and specifications. Final adjusted project amount was $517,503.13 RECOMMENDATION: Staff recommend accepting the work performed by Trinity Contractors, Inc. for the 2020 Curb Ramp Improvements project. ATTACHED: None  AGENDA ITEM: J DATE: December 14, 2022 TO: Mayor Boudreau and City Council FROM: William Bullock, PE - City Engineer SUBJECT: PROJECT ACCEPTANCE: COLLEGE WAY/30TH STREET INTERSECTION RECOMMENDED ACTION: Staff recommends Council authorize the Mayor to accept the work completed by Larry Brown Construction for the construction of the College Way/30th Intersection (Signal) Project. INTRODUCTION/BACKGROUND: The project was awarded on June 27, 2019, for $805,546.20. The project improvements included a new eight phase traffic signal, enhanced intersection lighting, a right turn taper, improved sidewalks and ADA ramps, and stormwater upgrades. FINDINGS/CONCLUSIONS: Project completion was achieved on October 22, 2020, in accordance with the plans and specifications. The final adjusted contract amount was $813,044.61. RECOMMENDATION: Staff recommends accepting the work performed by Larry Brown Construction for the construction of the College Way/30th Intersection (Signal) Project. ATTACHED: None  AGENDA ITEM: K DATE: December 14, 2022 TO: Mayor Boudreau and City Council FROM: William Bullock, City Engineer SUBJECT: PROJECT ACCEPTANCE #SS-2021-003: 2021 SANITARY AND STORM SEWER LINING RECOMMENDED ACTION: Staff recommends Council authorize the Mayor to accept the work completed by Insituform Technologies, LLC, Inc. on the 2021 Sanitary and Storm Sewer Lining project. INTRODUCTION/BACKGROUND: The project included lining approximately 9,444 feet of sanitary sewr pipe and approximately 2,073 feet of storm sewer pipe with a cured in place pipe (CIPP) liner system. The project was awarded on October 13, 2021, for $695,293.47. FINDINGS/CONCLUSIONS: Physical completion was achieved on September 30, 2022, in accordance with the plans and specifications. Final adjusted project amount was $675,600.29. RECOMMENDATION: Staff recommend accepting the work performed by Insituform Technologies, LLC, for the 2021 Sanitary and Storm Sewer Lining project. ATTACHED: None  AGENDA ITEM: L DATE: December 14, 2022 TO: Mayor Boudreau and City Council FROM: William Bullock, City Engineer SUBJECT: PROJECT COMPLETION FOR THE COLLEGE WAY (SR 538) WIDENING AT I-5 RECOMMENDED ACTION: Staff recommends Council authorize the Mayor to accept the work completed by Granite Construction Company on the College Way (SR 538) Widening at I-5 project. INTRODUCTION/BACKGROUND: This project constructed two additional travel lanes beneath I-5 at the College Way interchange. The project included excavation beneath I-5, tie back retaining walls, 2 new traffic signals, new storm water force main adjacent to Freeway Drive, PUD waterline improvements on College Way, storm pipe, curb, sidewalk and asphalt pavement. The project was awarded on October 1, 2018, for $6,707,864.74. FINDINGS/CONCLUSIONS: Physical completion was achieved on July 1, 2020, in accordance with the plans and specifications. Final adjusted project amount was $8,459,341.34. RECOMMENDATION: Staff recommends accepting the work performed by Granite Construction Company for the College Way (SR 538) Widening at I-5 project. ATTACHED: None  AGENDA ITEM: M DATE: December 14, 2022 TO: Mayor Boudreau and City Council FROM: William Bullock, City Engineer SUBJECT: PROJECT COMPLETION FOR THE N 4TH STREET/ RIVERSIDE DRIVE BNSF RAILROAD CROSSING IMPROVEMENTS RECOMMENDED ACTION: Staff recommends Council authorize the Mayor to accept the work completed by JAG Corporation on the N 4th Street / Riverside Drive BNSF Railroad Crossing Improvements project. INTRODUCTION/BACKGROUND: This project was in partnership with BNSF railroad. Work included realigning the roadway, sidewalk, curb to match two new rail crossing systems at the BNSF mainline track and the BNSF siding track immediately south of the mainline track. Sidewalk realignment of the west and east sidewalk crossings over the tracks to reduce the skew angle and reduce risk of wheels getting caught in the gap adjacent to the track. A new wayside horn was installed and tied to the BNSF signal controller. BNSF installed new LED signal lights, pedestrian bell on the NE signal mast, a new bungalow signal controller, and pedestrian gates at the rail crossing to alert of oncoming train. The project was awarded on June 20, 2019 for $473,200.55. FINDINGS/CONCLUSIONS: Physical completion was achieved on March 23, 2022, in accordance with the plans and specifications. Final adjusted project amount was $432,556.83. RECOMMENDATION: Staff recommends accepting the work performed by JAG Corporation for the N 4th Street / Riverside Drive BNSF Railroad Crossing Improvements project. ATTACHED: None  AGENDA ITEM: N DATE: December 14, 2022 TO: Mayor Boudreau and City Council FROM: William Bullock, City Engineer SUBJECT: PROJECT COMPLETION FOR THE COLLEGE WAY & RIVERSIDE DRIVE CORRIDOR SIGNAL IMPROVEMENTS RECOMMENDED ACTION: Staff recommends Council authorize the Mayor to accept the work completed by Colacurcio Brothers on the College Way & Riverside Drive Corridor Signal Improvements project. INTRODUCTION/BACKGROUND: This project installed yellow flashing left turn signals, LED street light upgrade, American Disability Act (ADA) upgrades which included curb ramps, push button and countdown pedestrian signals at twelve intersections on College Way and Riverside Drive. The improvements provide congestion relief, safety, and accessibility. The project was awarded on June 26, 2019, for $1,449,514.00. FINDINGS/CONCLUSIONS: Physical completion was achieved on February 2, 2021, in accordance with the plans and specifications. Final adjusted project amount was $1,539,671.62. RECOMMENDATION: Staff recommends accepting the work performed by Colacurcio Brothers for the College Way & Riverside Drive Corridor Signal Improvements project. ATTACHED: None  AGENDA ITEM: O DATE: December 14, 2022 TO: Mayor Boudreau and City Council FROM: William Bullock, PE – City Engineer SUBJECT: Sole Source Purchase: Flygt NP-3085 Submersible Pumps Mount Vernon Wastewater Treatment Plant RECOMMENDED ACTION: Staff recommends declaring Whitney Equipment Company, Inc. as a sole source, and giving the Mayor permission to purchase the Flygt submersible pumps from Whitney Equipment Company, Inc. INTRODUCTION/BACKGROUND: The pumps at Hazel Street Pump Station located at South 7 th and East Hazel Streets pump to the Wastewater Treatment Plant. These pumps, a total of two, are approaching the end of their expected serviceable life and will likely require replacement within the next 1 to 5 years. It is a typical practice to replace pumps before they reach the serviceable life threshold and risk experiencing a critical failure to avoid a potential emergency condition at the pump stations. FINDINGS/CONCLUSIONS: Because manufacture of these pumps requires a lengthy lead time of 10 – 12 weeks, Public Works is requesting the purchase of a total of three pumps to have in stock and have readily available when it becomes necessary to replace the pumps as part of their maintenance cycle. The purchase of the Flygt NP 3085 pumps is best suited for this application at the Pump Station because of the following reasons: 1. Consistency of maintenance requirements and in-house knowledge of equipment operation and maintenance. 2. Consistency of spare parts. 3. Proven reliability in existing service locations (WWTP and two Sewage Pump Stations). 4. Anti-clogging impellor, unique to Flygt pumps, is critical for maintenance reliability. 5. Required explosion proof motors. In this instance, implementing a consistent brand of pump equipment is necessary; not doing so would make efficient pump station maintenance and operations overly difficult and adversely impact system redundancy (interchangeability from spare Flygt pumps and components). In accordance with RCW 39.04.280(1)(a), sole source bidding is allowable because the product is available only through one supplier. Attached is a letter from Whitney Equipment Company certifying they are a sole source distributor and Mount Vernon is receiving the lowest possible pricing for this product. Total cost of the purchase of three (3) Flygt NP 3805 submersible pumps is $36,893 (including tax). RECOMMENDATION: Motion to approve authorization for the Mayor to purchase three (3) Flygt NP 3085 submersible influent pumps, declaring Whitney Equipment Company, Inc. as a sole source supplier, in an amount not to exceed $40,139.58 (including shipping and tax). ATTACHED: 1. Resolution _____ 2. WECI Price Quote 3. WECI Sole Source Certification  AGENDA ITEM: P DATE: December 14, 2022 TO: Mayor Boudreau and City Council FROM: William Bullock, PE – City Engineer SUBJECT: CONTRACT FOR PROFESSIONAL SERVICES DIVISION STREET SIDEWALK RETROFIT PROJECT RECOMMENDED ACTION: Staff recommends entering into a Professional Services Agreement with Wilson Survey & Engineering for engineering and design services for the Division Street Sidewalk Retrofit Project. INTRODUCTION/BACKGROUND: This project consists of designing new curb ramps at the ten specific intersection corners on Division Street (Tier 1 Scope) to comply with ADA requirements, and analyzing road pavement slopes adjacent to the curb returns, and modify pedestrian push buttons where required. Storm drainage and catchments may also need adjustment to accommodate modifications in the intersection geometry. The scope of work also includes eleven additional locations (Tier 2) where there are minor issues that merit some level of corrective action. Public Works is proposing to complete the Topographic Survey and Preliminary Design of the Tier 2 locations and evaluate if any of these locations should be included in the final construction package. If the decision is made to include any of these locations, the full design at these ramps (Task 4) would be added to the Wilson scope of work through a contract amendment. The scope of work for this design effort will include Tier 1 (Task 1-4) in the amount not to exceed $139,248 and Tier 2 (Task 1-3) in an amount not to exceed $52,040 for a total contract amount of $191,288. FINDINGS/CONCLUSIONS: Wilson Survey & Engineering is an engineering design firm and was the preferred candidate in the selection process among three consultants responding to the advertised Request for Qualifications. The scope and fee for design services is not to exceed $191,288. RECOMMENDATION: Motion to approve authorization for the Mayor to execute a contract with Wilson Survey & Engineering for engineering design services on the Division Street Sidewalk Retrofit Project in an amount not to exceed $191,288. ATTACHED: 1. Contract, Scope and Fee  AGENDA ITEM: Q DATE: December 14, 2022 TO: Mayor Boudreau and City Council FROM: Chris Phillips, Public Works Director SUBJECT: ORDINANCE RELATING TO COMPOST PROCUREMENT REQUIREMENTS RECOMMENDED ACTION: Motion. That the Council adopt by motion and vote the proposed ordinance, INTRODUCTION/BACKGROUND: In March 2022, the Engrossed Second Substitute House Bill (ESSHB) 1799 was passed by the Washington state legislature and signed by the Governor. Section 701 of ESSHB 1799, now codified at RCW 43.19A.150, requires cities such as the City of Mount Vernon to “adopt a compost procurement ordinance to implement RCW 43.19A.120.” RCW 43.19A.120 states that “When planning government- funded projects or soliciting and reviewing bids for such projects, all state agencies and local governments shall consider whether compost products can be utilized in the project.” The purpose of the Ordinance relating to compost procurement requirements is to conform to state law regarding compost procurement and must be adopted no later than January 1, 2023. The proposed Ordinance provides, to the extent required by RCW 43.19A.150(3), that the City shall plan for the use of compost in the following categories: a) Landscaping projects; b) (b) Construction and postconstruction soil amendments; c) (c) Applications to prevent erosion, filter stormwater runoff, promote vegetation growth, or improve the stability and longevity of roadways; and d) (d) Low-impact development and green infrastructure to filter pollutants or keep water on-site, or both. This plan will be re-assessed each December 31st of even-numbered years, beginning in 2024 and thereafter as part of the reporting obligation in Subsection D of the proposed new municipal code. FINDINGS/CONCLUSIONS: That adoption of the ordinance satisfies state law requirements. RECOMMENDATION: Adopt an Ordinance relating to compost procurement requirements.  AGENDA ITEM: R DATE: December 14, 2022 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, 2022 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 2023. ATTACHED: Interlocal Agreement – Law Enforcement Embedded Social Worker  AGENDA ITEM: S DATE: December 14 2022 TO: Mayor Boudreau and City Council FROM: Kevin Rogerson; City Attorney SUBJECT: RE: COOPERATIVE AGREEMENT FOR TEMPORARY CONSTRUCTION EASEMENT RECOMMENDED ACTION: Approve by motion authorizing the Mayor to enter into attached Agreement INTRODUCTION/BACKGROUND: The purpose of this Agreement is to allow the County and the City to work in cooperation on the City’s Library Commons Project (herein the “Project”). The Project removes at grade parking previously reserved for government services by the County which shall be replaced by structured parking, a library, and common rooms. Removal will result in the temporary displacement during the Project’s construction period of parking utilized for County downtown services including Superior and District Court related functions. The City owns, regulates, or otherwise has sufficient interest in parking facilities (including on street parking) in near proximity to County services the provision of which will mitigate the County’s displaced parking. In addition, the County owns a lot in near proximity to the Project site which can be utilized by Lydig Construction or their subcontractors for staging and or other construction related purposes. The Parties (Lydig, County and the City) find that it is of mutual benefit and sufficient consideration for the County’s provision of a temporary construction easement for the Project in exchange to the City’s provision of additional parking until the Project is Substantially Complete or January 1, 2025 whichever occurs sooner. “Substantially Complete” shall have the same definition as fully set forth in the General Conditions to the Commons Contract- meaning that stage in the progress of the work when the construction is sufficiently complete so the City has full and unrestricted use and benefit of the Library Commons for the use for which it is intended and that all work other than incidental corrective or punch list work is completed. FINDINGS/CONCLUSIONS: Entering into the agreement is within the interest of the City RECOMMENDATION: Approval ATTACHED: Agreement with Attachments  AGENDA ITEM: T DATE: December 14, 2022 TO: Mayor Boudreau and City Council FROM: Kevin Rogerson; City Attorney SUBJECT: RE: ORDINANCE FOR ON STREET PARKING RECOMMENDED ACTION: Adoption. INTRODUCTION/BACKGROUND: The City acquired a site previously used by the County for at grade parking in downtown Mount Vernon located near the Skagit County Superior and District Courts to construct a parking and library structure known as the Library Commons. Until completion of the Library Commons, downtown parking inventory will be reduced impacting the provision of Skagit County government services (including jury parking) which formerly used parking at the site. The City Council finds that restricting parking for government (including jury services) on certain streets during certain days and times while the Library Commons construction is ongoing is within the best interest of the City. The ordinance shall remain in effect until January 1, 2025 unless repealed earlier through act of the City Council. FINDINGS/CONCLUSIONS: That adoption of the ordinance to mitigate impact of parking for government service while permanent parking is being constructed is in the interest of the City. RECOMMENDATION: Approval. ATTACHED: Ordinance.