City Council

CITY OF MOUNT VERNON CITY COUNCIL MEETING AGENDA June 14, 2023, 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 June 14, 2023.) 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 June 144, 2023.) III. CONSENT AGENDA A. Approval of May 24, 2023, Regular Council Meeting Minutes and May 27, 2023 Special Meeting minutes B. Approval of June 5, 2023, payroll checks numbered 112017 - 112034 direct deposit checks numbered 94280 - 94541, and wire transfers numbered 1220 - 1224 in the amount of $1,171,976.46 C. Approval of June 14, 2023, AP Claims numbered 21944 - 22231 in the amount of $3,229,882.84 Mount Vernon City Council Agenda June 14, 2023 Page 2 of 3 IV. REPORTS A. Committees 1. Public Works and Library 2. Public Safety B. Councilmember Comments C. Mayor’s Report D. Committee Agenda Requests V. UNFINISHED BUSINESS None VI. NEW BUSINESS A. Legislative Session Review (Representative Alex Ramel will provide a recap of the most recent legislative session.) (required action – none) (staff contact – Peter Donovan) B. Closed Record Public Hearing – Expansion of Non-Conforming Structure PLAN22-0395 (This is a closed record public hearing to approve PLAN22-0395, expansion of a non- conforming structure located at 1505 S 6th Street, with Resolution 1036.) (required action – resolution) (staff contact – Marianne Manville-Ailles) C. Approval of Agreement – Catholic Community Services (Staff is requesting approval of an agreement with Catholic Community Services to designate the City’s HB1406 collections to the operation of a permanent supportive housing program at Martha’s Place.) (required action – motion) (staff contact – Peter Donovan) D. Approval of Street Closure Requests (Staff is requesting approval of street closure requests for the following special events: Father’s Day Celebration, Fabulous 4th of July Fireworks Show, Highland Games, and Temperate Habits Brewing Company Anniversary.) (required action – motion) (staff contact – Jennifer Berner) E. Approval of Collective Bargaining Agreement (CBA) – Commissioned Police Services Guild (Staff is requesting approval of the 2023-2025 CBA with the Commissioned Police Services Guild.) (required action – motion) (staff contact – Erin Keator) F. Approval of Memorandum of Understanding (MOU) – Commissioned Police Services Guild (Staff is requesting approval of a MOU with the Commissioned Police Services Guild to create and add a Commissioned Park Ranger position.) (required action – motion) (staff contact – Erin Keator) Mount Vernon City Council Agenda June 14, 2023 Page 3 of 3 G. Approval of Agreement – TranTech Engineering LLC (Staff is requesting approval of an agreement with TranTech Engineering LLC for a feasibility/investigative design to propose a repair solution for the Eaglemont structural earth wall culvert.) (required action – motion) (staff contact – William Bullock) H. Set Public Hearing Date – 2024-2029 Six-Year Transportation Improvement (TIP) (Staff is requesting approval to set a public hearing date of June 28, 2023 for the adoption of the 2024-2029 Six-Year TIP.) (required action – motion) (staff contact – William Bullock) I. Approval of Resolution – Police K9 Vektor (Staff is requesting approval of Resolution 1037 declaring Police K9 Vektor retired and surplus to the City, and authorizing sale.) (required action – resolution) (staff contact – Chris Cammock) J. Approval of Resolution – Petty Cash Fund (Staff is requesting approval of Resolution 1038 increasing the Police Department petty cash fund.) (required action – resolution) (staff contact – Doug Volesky) COMMITTEE MEETING Public Works and Library 6:00 p.m. Next Ordinance 3871 Next Resolution 1036  AGENDA ITEM: A DATE: June 14, 2023 TO: Mayor Boudreau and City Council FROM: Peter Donovan, Special Projects Manager SUBJECT: LEGISLATIVE OVERVIEW RECOMMENDED ACTION: None INTRODUCTION/BACKGROUND: None FINDINGS/CONCLUSIONS: Representative Alex Ramel has been representing Washington State’s 40th District since January of 2020. Rep Ramel will update Mount Vernon City Council with a recap of the most recent 2023 legislative session. RECOMMENDATION: None ATTACHED: None  AGENDA ITEM: B DATE: June 14, 2023 TO: Mayor Boudreau and City Council FROM: Marianne Manville-Ailles, Development Services SUBJECT: PLAN23-0395 SPECIAL PERMISSION TO ALLOW EXPANSION OF NON-CONFORMING STRUCUTURE 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 expansion of a non-conforming structure to construct a 504 square foot garage addition/storage area to an existing single family residence. INTRODUCTION/BACKGROUND: The proposal is to construct an addition to an existing single family residence. The addition would include 336 square feet for garage use and 168 square feet for storage for a total addition of 504 square feet. In addition, approximately 420 square feet of paved driveway and sidewalk will also be constructed. Special permission is necessary because the existing house does not meet the required combined side setbacks. The proposed addition would be consistent with required setbacks. 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 property is located at 1505 S 6th Street, and its parcel number is P53730. FINDINGS/CONCLUSIONS: On May 4, 2023, an open record hearing was held before the Hearing Examiner. The Examiner recommended approval of the application in a report dated 13 May 2023. There were no parties of record besides the applicant so there was no request for reconsideration of the Examiner’s Decision. 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 that Council move to adopt a resolution approving the expansion of a non-conforming structure to construct a 504 square foot garage addition/storage area to an existing single family residence. ATTACHED: • Proposed Resolution • Hearing Examiner Recommendation (attached to proposed resolution as Exhibit A) • Staff Report and its associated Exhibits  AGENDA ITEM: C DATE: June 14, 2023 TO: Mayor Boudreau and City Council FROM: Peter Donovan, Special Projects Manager SUBJECT: AGREEMENT WITH CATHOLIC COMMUNITY SERVICES RECOMMENDED ACTION: Motion INTRODUCTION/BACKGROUND: The City participates in the State’s Affordable Housing Sales Tax Revenue Sharing Program, established under HB1406. Participation in this plan allows the City to receive a share of the State’s portion of sales tax for purposes that may include the costs of operations associated with new units of affordable housing. Catholic Community Services operates a new permanent supportive housing program called Martha’s Place. The City recognizes CCS’s proven track record of strong management and successful operations of permanent supportive housing programs in other regional jurisdictions. City Council has committed to utilizing the City’s “1406” funding to support operations at Martha’s Place. FINDINGS/CONCLUSIONS: The proposed draft agreement formalizes the City’s commitment of future 1406 funding—up to $65,000 annually—to Catholic Community Services for the purpose of operating a permanent supportive housing program at Martha’s Place in Mount Vernon RECOMMENDATION: Staff recommends that Council authorize the Mayor to enter into this agreement with Catholic Community Services of Western Washington to commit City 1406 funding to CCSWW for the purpose of operating a permanent supportive housing program at Martha’s Place. ATTACHED: Draft Agreement AGENDA ITEM D  AGENDA ITEM: E DATE: June 14, 2023 TO: Mayor Boudreau and City Council FROM: Erin Keator, Human Resources Director SUBJECT: COMMISSIONED POLICE GUILD COLLECTIVE BARGAINING AGREEMENT RECOMMENDED ACTION: Staff recommends that Council authorize the Mayor to sign the Commissioned Police Guild collective bargaining agreement for January 1, 2023 through December 31, 2024. INTRODUCTION/BACKGROUND: The Commissioned Police Guild collective bargaining agreement expired on December 31, 2022. The City and Guild began contract negotiations in March of 2023, moved to mediation and reached a tentative agreement for a two year contract in May of 2023. The Guild voted to approve the agreement. FINDINGS/CONCLUSIONS: Two year contract. Cost of Living Adjustments • January 1, 2023 6% • January 1, 2024 4.5% Specialty Pay • Added special duty pay for EVOC, range instructor and defensive tactics Added a sick leave death benefit for death in the line of duty. Longevity • Increased longevity to be in alignment with our comparables Revised scheduling language • Chief can make schedule changes with only 30 days notice, down from six months. RECOMMENDATION: Staff recommends that Council authorize the Mayor to sign the Commissioned Police Guild collective bargaining agreement for January 1, 2023 through December 31, 2024. ATTACHED: none  AGENDA ITEM: F DATE: June 14, 2023 TO: Mayor Boudreau and City Council FROM: Erin Keator, Human Resources Director SUBJECT: COMMISSIONED PARK RANGER MEMORANDUM OF UNDERSTANDING RECOMMENDED ACTION: Motion INTRODUCTION/BACKGROUND: The City created a limited authority Park Ranger position in 2019. This position had limited authority and was placed within the Non-Commissioned Police Services bargaining unit. Recently, the Criminal Justice Training Center (CJTC) stated that some Parks Law Enforcement Academies (PLEA) would be recognized as equivalent to the Basic Law Enforcement Academy and PLEA graduates who passed an equivalency exam would be recognized as fully commissioned police officers. FINDINGS/CONCLUSIONS: In April 2023, the City’s current Park Ranger passed the CJTC equivalency exam and now has the authority of a fully commissioned police officer. The City needs to create a Commissioned Park Ranger classification and assign it to the Commissioned Police Services Guild. The City and Guild worked together to develop a Memorandum of Understanding (MOU) that assigns the Commissioned Park Ranger to the Commissioned Police Services Guild. The MOU addresses the work expectations and wages. Moving forward there will be two Park Ranger Classifications: Non-Commissioned Park Ranger and Commissioned Park Ranger. RECOMMENDATION: Staff recommends that Council authorize the Mayor to sign the Memorandum of Understanding between the City and Police Services Guild to create a Commissioned Park Ranger position and assign it to the Commissioned Police Services Guild. ATTACHED: None  AGENDA ITEM: G DATE: June 14, 2023 TO: Mayor Boudreau and City Council FROM: William Bullock, PE – City Engineer SUBJECT: PROFESSIONAL SERVICES AGREEMENT WITH TRANTECH ENGINEERING: FEASIBILITY PHASE FOR EAGLEMENT STRUCTURAL EARTH WALL CULVERT REPAIR RECOMMENDED ACTION: Staff recommends entering into a Professional Services Agreement with TranTech Engineering to conduct a feasibility/investigative design to propose repair solutions for damage to the Eaglemont Structural Earth Wall Culvert. INTRODUCTION/BACKGROUND: Approximately 200 feet north of Bakerview Court there is a structural earth wall and a 16-foot wide drainage culvert spanning a large ravine on Eaglemont Drive. The wall is about 25 feet high from the culvert to the surface of the road; built from vertically stacked gabion baskets. Two years ago, the City investigated a reported concern that the sidewalk on top of the wall was heaving and tilting. At that time the wall had no apparent settlement issues, and the sidewalk movement was thought to be very localized requiring only a remedial repair. Since that time, two years have now elapsed and there is evidence of major crushing and settlement in the gabion baskets themselves in the middle of the wall height which is likely the cause of the sidewalk rotation and settlement. FINDINGS/CONCLUSIONS: TranTech Engineering is the firm the City has used to perform the structural bridge load ratings in the City. Teamed with Geo Engineers Inc, they have the expertise to perform the investigation and analysis to properly assess the conditions causing the impacts to the structure and develop solution options to make permanent repairs. This feasibility phase will inform the City on how best to proceed with designing a permanent solution over the winter season and prepare to implement the repair with a construction contract as early as summer of 2024 or 2025. The Feasibility Phase of the design is not to exceed $34,925. RECOMMENDATION: Motion to approve authorization for the Mayor to execute a contract with TranTech Engineering to conduct a feasibility/investigative design to propose repair solutions for damage to the Eaglemont Structural Earth Wall Culvert, in an amount not to exceed $34,925. ATTACHED: 1. Contract, Scope and Fee 2. Vicinity Map  AGENDA ITEM: H DATE: April 14, 2021 TO: Mayor Boudreau and City Council FROM: William Bullock, PE – City Engineer SUBJECT: SCHEDULE PUBLIC HEARING: ADOPTION OF THE 2024-2029 SIX-YEAR TRANSPORTATION IMPROVEMENT PROGRAM RECOMMENDED ACTION: Set a public hearing date for the adoption of the Mount Vernon 2024-2029 Six-Year Transportation Program (TIP). 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 projects that accomplish the goals of the City’s transportation program. Projects outlined in the program provide estimates of costs, priority, schedule, and a financial plan forecasted over the next six years. The financial plan provides cost projections matched to revenue sources (such as tax revenue, grants, loans, and private sources) to demonstrate that funding for the TIP is feasible, although long-term funding sources may not be secured. FINDINGS/CONCLUSIONS: The draft TIP will be presented for discussion, highlighting the projects slated for years 1-3 and new projects added to the program during the latest planning cycle. Any modifications to the draft TIP will be made and brought forward in a final version for adoption at the public hearing scheduled on June 28, 2023. RECOMMENDATION: Staff recommends a motion to authorize the Mayor to direct staff to schedule a Notice for public hearing on June 28, 2023, for the consideration and adoption of the 2024 -2029 Mount Vernon Six-Year Transportation Improvement Program. ATTACHED: 1. Public Hearing Notice  AGENDA ITEM: I DATE: June 14, 2023 TO: Mayor Boudreau and City Council FROM: Police Chief Chris Cammock SUBJECT: SURPLUS OF K9 VEKTOR RECOMMENDED ACTION: Approve Resolution 1037 authorizing the surplus of a 11-year-old German Shepard Police K9 known as Vektor INTRODUCTION/BACKGROUND: The City purchased Vektor in 2015 to serve as a canine generalist for the Police Department. For eight years he has served the Department, the City and community very well. During his career he successfully found numerous suspects, located evidence, assisted other law enforcement agencies, and provided community and public education opportunities. FINDINGS/CONCLUSIONS: Because his handler, Officer Zach Wright is retiring, and due to Vektor’s physical age and degenerative medical condition, the Department finds that he is no longer able to perform the essential duties of a police canine generalist. Vektor was removed from field service today, June 14, 2023. Ownership of Vektor will be transferred to the police handler and his wife, Zachary and Melissa Wright. RECOMMENDATION: Based on the above information, staff is requesting the City Council approve the surplus of a male German Shepard police canine. ATTACHED: Resolution  AGENDA ITEM: J DATE: June 14, 2023 TO: Mayor Boudreau and City Council FROM: Doug Volesky, Finance Director SUBJECT: RESOLUTION TO INCREASE POLICE DEPARTMENT PETTY CASH FUND RECOMMENDED ACTION: City staff is requesting Council to approve Resolution No. 1038 increasing the Police Department’s petty cash fund from $200 to $400. INTRODUCTION/BACKGROUND: The City Council adopted Resolution No. 179 on May 25th, 1983, which established the Police Department’s petty cash fund in the amount of $200. With the development of the Integrated Outreach Services (IOS) team, there is now a need to increase that amount. FINDINGS/CONCLUSIONS: It is common practice to make purchases utilizing the city purchase cards. However, there are times when it is not practical. For example, the IOS team utilizes petty cash in assisting with various items that a purchase card cannot be used for, including, but not limited to, out of state birth certificates (which requires a money order), assisting in the deposit for housing, etc. The Police Department now has four IOS team members who are assisting clients. Increasing the base amount in petty cash will allow more funds to be available as needed. RECOMMENDATION: City staff is requesting Council to approve Resolution No. 1038 increasing the Police Department’s petty cash fund from $200 to $400. ATTACHED: • Proposed Resolution No. 1038