City Council

CITY OF MOUNT VERNON CITY COUNCIL STUDY SESSION AGENDA December 6, 2023 - 7:00 p.m. Police/Court Campus 1805 Continental Place REVISED 12/5/23 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 A. Public Comment B. Appointment to Arts Commission (Staff is requesting approval of the appointment of Park Thomas and the reappointment of Rob Zwick and Daniel Brooks to the Arts Commission.) (required action – motion) (staff contact – Jennifer Berner) C. Appointment to Library Board (Staff is requesting approval of the reappointment of Kalohi Clark to the Library Board.) (required action – motion) (staff contact – Isaac Huffman) D. Approval of Resolution – Write-Off Uncollectable Accounts Receivable Accounts (Staff is requesting approval of Resolution 1048 authorizing the write-off uncollectable accounts receivable accounts.) (required action – resolution) (staff contact – Doug Volesky) E. Approval of Resolution – Periodic Update Schedule for the Comprehensive Plan (Staff is requesting approval of Resolution 1049 to identify a preliminary schedule for the required periodic update to the Comprehensive Plan) (required action – resolution) (staff contact – Stacie Pratschner) F. Approval of Agreement – State of Washington Department of Ecology (Staff is requesting approval of an agreement with State of Washington Department of Ecology, Washington Conservation Corp for vegetation maintenance of drainage facilities.) (required action – motion) (staff contact – Chris Phillips) G. Approval of Agreement – Washington State Department of Ecology (Staff is requesting approval of an agreement with State of Washington Department of Ecology, for a FY2023-2025 Water Quality Stormwater Capacity Grant.) (required action – motion) (staff contact – Chris Phillips) H. Approval of Agreement Amendment – Transpo Group (Staff is requesting approval of Amendment No. 4 to agreement 4081 with Transpo Group for additional construction management services required to finalize the Hoag/LaVenture Intersection Improvements Project.) (required action – motion) (staff contact – William Bullock) I. Approval of Resolution – Recreation and Conservation Office (RCO) Grant Application (Staff is requesting approval of Resolution 1050 authorizing submittal of a RCO grant application for fish barrier removal projects.) (required action – resolution) (staff contact – William Bullock) J. Approval of Resolution – Proclamation of Civil Emergency (Staff is requesting approval of Resolution 1051 ratifying and confirming the December 5, 2023 Mayoral proclamation of civil emergency.) (required action – resolution) (staff contact – Peter Donovan) K. Executive Session Council will meet with legal counsel to discuss issues related to Collective Bargaining sessions including contract negotiations, grievance meetings, and discussions relating to the interpretation or application of a labor agreement; or planning or adopting the strategy or position related to collective bargaining which is exempt from the Open Public Meetings Act pursuant to RCW 42.30.140(4). COMMITTEE MEETING Public Safety 6:00 p.m. Next Ordinance 3880 Next Resolution 1048  AGENDA ITEM: B DATE: December 6, 2023 TO: Mayor Boudreau and City Council FROM: Jennifer Berner, Director, Parks and Enrichment Services SUBJECT: ARTS COMMISSION MEMBER APPOINTMENT & SWEARING IN RECOMMENDED ACTION: Staff requests Council approval for the appointment of Parke Thomas, to fill a currently vacant three (3) year term to expire on December 31, 2024, and the reappointment and swearing in of two returning Arts Commission Members, Rob Zwick and Daniel Brooks, to three (3) year terms to expire on December 31, 2026. INTRODUCTION/BACKGROUND: In accordance with the City of Mount Vernon ordinance Title 2 Chapter 2.97 - The Mount Vernon Public Arts Commission, Commissioners will be appointed for a three-year term. Commissioners may then be reappointed for additional three-year consecutive terms on a rotational basis. Mr. Parke will be appointed to a position that was vacated in 2021 and not filled until this time. Mr. Zwick and Mr. Brooks will be reappointed to the positions they currently hold, for new three year terms. FINDINGS/CONCLUSIONS: NONE RECOMMENDATION: Staff requests Council approve the appointment of Parke Thomas to the Mount Vernon Arts Commission and the reappointment and swearing in of Rob Zwick and Daneil Brooks. ATTACHED: Arts Commission application for Parke Thomas.  AGENDA ITEM: C DATE: December 6, 2023 TO: Mayor Boudreau and City Council FROM: Isaac Huffman, Library Director SUBJECT: NEW LIBRARY BOARD MEMBER – KALOHI CLARK RECOMMENDED ACTION: The Library Board of Directors and the Library Staff recommend the appointment of Kalohi Clark to the Library Board. INTRODUCTION/BACKGROUND: In January 2021, Katy Armagost resigned from the library board to focus on caregiving needs in her family. Kalohi Clark was recommended by the library board and the mayor to serve the remainder of her term. Kalohi is a lifelong library and book lover. His family of four regularly has 60+ books checked out to our He is also a Library Foundation and Friends donor. Kalohi brings significant board experience (including finance), deep policy experience (White House, Senior Policy Advisor 2012-15), government experience, and a love of libraries. He will be a strong advocate for the library's mission, inclusivity, board civility, and the Library Commons Project. Since begin his term he has also been a great library donor and worked hard to push the library mission in the community. FINDINGS/CONCLUSIONS: After a background check and attending board meetings, Kalohi looks like a good fit for the library board. RECOMMENDATION: We recommend that Kalohi Clark be reappointed to the Library Board for a full 4-year term. ATTACHED: None  AGENDA ITEM: D DATE: December 6, 2023 TO: Mayor Boudreau and City Council FROM: Doug Volesky, Finance Director SUBJECT: WRITE-OFF UNCOLLECTABLE ACCOUNTS RECEIVABLE ACCOUNTS RECOMMENDED ACTION: City staff request Council approve Resolution 1048 to write-off uncollectable accounts receivable accounts. INTRODUCTION/BACKGROUND: The City has been working to reduce the balance of past due accounts. After review of many old and closed accounts that have proven to be uncollectable or have minimal balances, the City has identified the attached list of accounts that are appropriate to write-off. FINDINGS/CONCLUSIONS: It is recommended by the State Auditor’s Office to annually write-off any outstanding overdue accounts that are deemed to be uncollectible. The City is recommending writing-off the attached listing of accounts with a total of $27,446.43. RECOMMENDATION: City staff request Council approve Resolution 1048 to write-off uncollectable accounts receivable accounts. ATTACHED: - Resolution 1048 - Listing of uncollectable accounts  2025 Comp Plan Update Schedule Page 1 of 5 AGENDA ITEM: E DATE: December 6, 2023 TO: Mayor Boudreau and City Council FROM: Stacie Pratschner, Development Service Director SUBJECT: RESOLUTION TO ESTABLISH A PRELIMINARY SCHEDULE TO GUIDE THE 2025 COMPREHENSIVE PLAN UPDATE PROCESS RECOMMENDED ACTION: The Development Services Department (“DS” or “the Department”) respectfully recommends that the City Council consider approving a Resolution to establish a preliminary schedule to guide the work to complete the 2025 Comprehensive Plan Update process. INTRODUCTION/BACKGROUND: The Washington State Growth Management Act (GMA) requires cities and counties to periodically update their comprehensive plans and development regulations. RCW 36.70A.130.5 requires cities to update their Plans and regulations on an eight-year cycle. Mount Vernon’s last required update was completed in 2016: the next scheduled periodic update is due June 2025. The establishment of a preliminary update schedule (Attachment 1) represents an early step in the City’s compliance with the GMA requirements. FINDINGS/CONCLUSIONS: Attachment 1 includes recitals and a draft schedule for the Council’s consideration. The following synopsizes the findings and approximately year and a half schedule to complete the updates: 1) The recitals acknowledge that the establishment of a preliminary schedule represents partial fulfillment of the GMA requirement to provide the public with early and continuous knowledge of the update process; 2) The recitals acknowledge that the work to update the Comprehensive Plan will be the priority of the Department for the next year; 3) The recitals acknowledge that the Department has very limited capacity for legislative work, and describes that other Docket requests will not be accepted by the Council until the update process is completed; and  2025 Comp Plan Update Schedule Page 2 of 5 4) The draft schedule envisions that the majority of the Update work will take place by the City and a consultant through 2024 and early 2025, with a City Council hearing for adoption set for June of 2025. RECOMMENDATION: The Department respectfully recommends that the City Council approve the draft Resolution and establish the preliminary schedule of tasks to update the City’s Comprehensive Plan. ATTACHED: Draft Resolution.  AGENDA ITEM: F DATE: December 6, 2023 TO: Mayor Boudreau and City Council FROM: Blaine Chesterfield, Engineering Manager SUBJECT: AGREEMENT – 2024 WASHINGTON CONSERVATION CORP, AGREEMENT NO. WCC-2399 RECOMMENDED ACTION: Staff recommends Council approve the detention pond maintenance agreement with the Washington State Department of Ecology to have the Washington Conservation Corps (WCC) perform vegetation maintenance on drainage facilities. The agreement will be for up to four weeks of WCC crew time with costs not to exceed $29,040. INTRODUCTION/BACKGROUND:  Approximately 30 percent of the City maintained drainage facilities need significant vegetation maintenance that requires hand work with the remaining facilities needing routine maintenance work.  The City has successfully used the WCC crews for facility maintenance since 2015.  The WCC crew comes with a supervisor, five crew members, a crew rig, and hand tools/equipment for drainage facility maintenance. The crew will have already received trainings on equipment and safety. FINDINGS/CONCLUSIONS:  The City currently maintains an estimated 158 drainage facilities within the city.  Approximately forty percent of the city’s drainage facilities need vegetation maintenance that require small equipment and hand work.  The Washington Conservation Corps community service program provides the City a great opportunity to complete some of the work on these facilities while keeping costs down.  The work time of the WCC crew will be limited to a maximum of four weeks for this agreement due to other obligations and limited crew availability. RECOMMENDATION: Staff recommends Council authorize the Mayor to sign the Interagency Agreement with the Washington State Department of Ecology for up to four weeks of Washington Conservation Corps crew time. ATTACHED: Agreement  AGENDA ITEM: G DATE: December 6, 2023 TO: Mayor Boudreau and City Council FROM: Blaine Chesterfield, Engineering Manager SUBJECT: FY2023-25 WATER QUALITY STORMWATER CAPACITY GRANT AGREEMENT NO. WQSWCAP-2325-MOUVER-00074 RECOMMENDED ACTION: Staff requests that the Council authorize the Mayor to sign the FY 2023-25 Water Quality Stormwater Capacity Grant agreement. Execution of the agreement with the State Department of Ecology (Ecology) is required to use the $130,000 of grant funds, which has been awarded to the City, for the implementation of the City’s National Pollutant Discharge Elimination System (NPDES) Phase II Municipal Stormwater Permit INTRODUCTION/BACKGROUND: The U.S. Environmental Protection Agency’s (EPA’s) Stormwater Phase II Final Rule requires Cities whose population is less than 100,000 to obtain and fulfill the requirements of the NPDES Phase II Municipal Stormwater Permit. The latest NPDES Municipal Stormwater Permit became effective on August 1, 2019. The City of Mount Vernon continues to remain in compliance by implementing the NPDES Municipal Stormwater Permit requirements and submitting the annual report to Ecology by March 31st of every year. FINDINGS/CONCLUSIONS:  The City has been in compliance with the permit since the effective date in February 2007.  The City has been awarded the Capacity Grant for $130,000 of funding for continuing NPDES Phase II Municipal Stormwater Permit implementation.  These grant funds will be administered by Ecology.  Approval of this grant agreement with Ecology is a requirement in order to obtain the awarded funds.  The City is required to implement the NPDES permit whether Ecology provides funding or not.  Once the agreement is fully signed any eligible costs incurred between July 1, 2023, to March 31, 2025, may be reimbursed to the City. RECOMMENDATION: Approval of the grant agreement is recommended and is an important step for the continued implementation of the City’s NPDES Municipal Stormwater Permit. ATTACHED: Sample Agreement (final agreement to be electronic signature)  AGENDA ITEM: H DATE: December 6, 2023 TO: Mayor Boudreau and City Council FROM: William Bullock, P.E. - City Engineer SUBJECT: HOAG/LAVENTURE INTERSECTION IMPROVEMENTS PROJECT: AMENDMENT NO. 4 WITH TRANSPO GROUP INTRODUCTION/BACKGROUND: The Hoag/Laventure Intersection improvements are now operational and physically complete. The main objectives of this project were to signalize the intersection with protected left turn lanes on each leg, eliminate the sidewalk gaps leading to the intersection, upgrade all the ADA ramps and approaches, and rehabilitate the pavement. The signal improvement will increase capacity by allowing long queues to empty in a controlled fashion rather than cross one at a time. The City was awarded a $1.3 million Urban Arterial Program grant from Transportation Improvement Board (TIB) with a $348,000 City match; total project cost $1,648,000. FINDINGS/CONCLUSIONS: Just before the installation of the traffic signal, the electrical contractor, Elcon Inc, filed for bankruptcy and immediately stopped their work. This unforeseen event led to a series of issues from hiring another electrical contractor, evaluating remaining work to install the signal, reordering key components, retrofitting improperly installed components and other challenges that were brought to successful conclusions. These issues did, however, add an additional 35 working days to the project leading to additional inspection time, design support, and construction management effort. The cost associated with this additional scope for the construction management services from Transpo and KBA amounts to $45,806.50. Despite these escalations, with City Staff, Excavation West, Transpo, KBA and project vendors, working as a team, were able to minimize cost increases and the final project cost including design, construction, and construction management is $1,407,000; approximately $200,000 under the original funding budget. RECOMMENDATION: Motion to authorize the Mayor to amend the contract with Transpo Group for construction management services on the Hoag/Laventure Intersection Improvements Project for an additional amount of $45,806.50 for a new contract amount not to exceed $453,369.53.03. ATTACHED: Draft Contract Amendment No. 4  AGENDA ITEM: I DATE: December 6, 2023 TO: Mayor Boudreau and City Council FROM: William Bullock, P.E. - City Engineer SUBJECT: RECREATION AND CONSERVATION OFFICE (RCO) GRANT APPLICATION FOR FISH BARRIER REMOVAL INTRODUCTION/BACKGROUND: Public Works is applying for a Brian Abbott Fish Barrier Removal (BAFBR) grant for culvert replacements on 30th Street and Alison Avenue. Both of these culverts are on Logan Creek, the Alison Avenue culvert is upstream from the 30th Street culvert. FINDINGS/CONCLUSIONS: This grant is administered through RCO which requires a resolution from the governing body agreeing to the terms and conditions of the grant prior to grant application. This request from Council is to adopt the RCO model resolution language to include with the City’s grant application due in January 2024. RECOMMENDATION: Motion to approve the attached resolution for signature agreeing to the RCO grant terms and conditions required for grant application. ATTACHED: Draft Resolution  AGENDA ITEM: J DATE: December 6, 2023 TO: Mayor Boudreau and City Council FROM: Peter Donovan, Special Projects Manager SUBJECT: RESOLUTION TO APPROVE MAYORAL EMERGENCY DECLARATION RECOMMENDED ACTION: Resolution INTRODUCTION/BACKGROUND: On December 5, 2023, conditions within the City of Mount Vernon along the Skagit River created an ongoing imminent threat of disaster or emergency which threatened to result in death or injury of persons or the destruction of property or the disruption of local government to such extent as to require extraordinary measures to prevent death or injury of persons and to protect the public peace, safety and welfare, and alleviate damage loss, hardship or suffering. FINDINGS/CONCLUSIONS: Mayor Boudreau reviewed the situation, consulted with City Department Heads, the Emergency Management Policy Group and verified the existence of the emergency and the necessity to take immediate action. MVMC 2.40.060 C requires the Mayor, at the earliest practicable time, to present to the city council for ratification and confirmation, modification, or rejection, a proclamation of disaster or emergency. RECOMMENDATION: Staff recommends that City Council approve a resolution to ratify and confirm the Mayor’s proclamation of emergency. ATTACHED: --Mayoral Emergency Declaration --Draft Resolution