City Council

CITY OF MOUNT VERNON CITY COUNCIL MEETING AGENDA February 14, 2024, 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. APPROVAL OF AGENDA III. EXECUTIVE SESSION Council will meet with legal counsel to discuss matters relating to agency enforcement actions, or to discuss with legal counsel representing the agency litigation or potential litigation to which the agency, the governing body, or a member acting in an official capacity is, or is likely to become, a party, when public knowledge regarding the discussion is likely to result in an adverse legal or financial consequence to the agency pursuant to RCW 42.30.110(1)(i). IV. COMMUNITY COMMENTS A. 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 360-336-6211. Requests must be received by 4 p.m. on February 14, 2024.) V. CONSENT AGENDA A. Approval of January 24, 2024, Regular Council Meeting minutes B. Approval of January 31, 2024 Committee of the Whole minutes Mount Vernon City Council Agenda February 14, 2024 Page 2 of 3 C. Approval of February 5, 2024, payroll checks numbered 112357 - 112372 direct deposit checks numbered 98489 - 98749, and wire transfers numbered 1300 - 1304 in the amount of $1,154,497.75 D. Approval of February 14, 2024 Claims numbered 24715 - 24914 in the amount of $3,171,954.98 E. Approval of Agreement 4515 – Community Action of Skagit County F. Approval of Agreement 4516 – Community Action of Skagit County G. Approval of Agreement 4517 – GeoTest Services H. Approval of Agreement 4518 – Hermsen, LLC I. Approval of Agreement 4519 – Settlement J. Approval of Resolution 1052 – Endo Bankruptcy Reorganization Plan VI. REPORTS A. Committees 1. Public Works and Library 2. Committee of the Whole 3. Public Safety B. Councilmember Comments C. Mayor’s Report D. Committee Agenda Requests VII. NEW BUSINESS A. Approval of Agreement – Washington Trail Association (WTA) (Staff is requesting approval an agreement with WTA for trail maintenance at Little Mountain Park.) (required action – motion) (staff contact – Jennifer Berner) B. Approval of Ordinance – Police Chief Salary (Staff is requesting approval of Ordinance 3886 adjusting the salary range for Police Chief on the Non-Represented Salary Schedule and implementing a three percent deferred compensation match to a City sponsored 457 plan.) (required action – ordinance) (staff contact – Erin Keator) C. Project Acceptance – 2023 Curb Ramp Project (Staff is requesting approval of the work completed by Always Active Services, LLC. For the 2023 Curb Ramp Project.) (required action – motion) (staff contact – Bill Bullock) D. Approval of Agreement – E&E Contracting (Staff is requesting approval an agreement with E&E Contracting for on-call concrete construction services) (required action – motion) (staff contact – Bill Bullock) E. Approval of Agreement – Bonner Electrical Contracting (Staff is requesting approval an agreement with for on-call electrical services.) (required action – motion) (staff contact – Bill Bullock) Mount Vernon City Council Agenda February 14, 2024 Page 3 of 3 F. Approval of Agreement – David Evans and Associates (Staff is requesting approval an agreement with David Evans and Associates for the design of the Carpenter Creek/Hickox Road Fish Passage Improvement Project.) (required action – motion) (staff contact – Bill Bullock) VIII. ADJOURNMENT COMMITTEE MEETINGS Public Works and Library 6:00 p.m. Next Ordinance 3886 Next Resolution 1052  CONSENT ITEM: A City of Mount Vernon City Council Meeting Minutes January 24, 2024 Police Court Campus, 1805 Continental Place Mayor Donovan called the meeting to order at 7:01 p.m. Present: Councilmembers Beaton, Brocksmith, Carías, Hudson, Molenaar, Tercero, and Vander Stoep Staff Present: City Attorney Rogerson, Finance Director Volesky, Parks and Enrichment Services Director Berner, Human Resources Director Keator, and City Clerk Jensen Citizens: 1 APROVAL OF AGENDA Councilmember Hudson moved to approve the agenda as presented. Motion seconded by Councilmember Beaton. Motion carried 7-0. COMMUNITY COMMENTS Public Comments  Mayor Donovan read aloud an email from Juan Morales, Mount Vernon resident, that addressed the recent Federal Department Transportation grant award. CONSENT AGENDA A. Approval of January 10, 2024 Regular Council Meeting Minutes B. Approval of January 19, 2024, payroll checks numbered 112345 - 112356 direct deposit checks numbered 98235 - 98488, and wire transfers numbered 1295 - 1299 in the amount of $1,460,699.87 Mount Vernon City Council January 24, 2024 Page 2 of 3 C. Approval of January 24, 2024 Claims numbered 24540 - 24714 in the amount of $3,952,331.76 D. Approval of agreement 4512 Councilmember Beaton moved to approve Consent Agenda Items A - D. Motion seconded by Councilmember Carias. Motion carried 7-0. REPORTS A. Committees 1. Finance & Parks and Enrichment Services – see committee minutes for details. B. Councilmember Comments  none C. Mayor’s Report  Mount Vernon Library Commons construction update  Illuminight event is Friday, January 26th beginning at 5 p.m. at the Riverwalk Park D. Committee Agenda Requests  Councilmember Beaton requested a discussion of the city’s recycling program at an upcoming Public Work Committee meeting. UNFINISHED BUSINESS None NEW BUSINESS None EXECUTIVE SESSION The meeting adjourned into executive session at 7:18 p.m. for a period of twenty-five minutes to discuss with legal counsel matters relating to agency enforcement actions, or to discuss with legal counsel representing the agency litigation or potential litigation to which the agency, the governing body, or a member acting in an official capacity is, or is likely to become, a party, when public knowledge regarding the discussion is likely to result in an adverse legal or financial consequence to the agency pursuant to RCW 42.30.110(1)(i). And to discuss collective bargaining sessions with employee organizations, including contract negotiations, grievance meetings, and discussions relating to the interpretation or application of a Mount Vernon City Council January 24, 2024 Page 3 of 3 labor agreement; or (b) that portion of a meeting during which the governing body is planning or adopting the strategy or position to be taken by the governing body during the course of any collective bargaining, professional negotiations, or grievance or mediation proceedings, or reviewing the proposals made in the negotiations or proceedings while in progress, pursuant to RCW 42.30.130(4)(a). No action will be taken following the session. The meeting reconvened at 7:43 p.m. ADJOURNMENT Councilmember Beaton moved to adjourn the meeting at 7:43 p.m. Motion seconded by Councilmember Vander Stoep. Motion carried 7-0. Submitted by: Becky Jensen, City Clerk  CONSENT ITEM: B Committee of the Whole January 31, 2024 Police Court Campus, 1805 Continental Place Mayor Donovan called the meeting to order at 6:00 pm Present Mayor Donovan Councilmembers: Beaton, Brocksmith, Carías Hudson, Molenaar, Tercero, and Vander Stoep Staff Present: Finance Director Volesky, City Attorney Rogerson, Parks and Enrichment Services Director Berner, Library Director Huffman, Police Chief Cammock, Human Resources Keator, Fire Chief Brice, Public Works Director Phillips, Development Services Director Pratschner, Information Technology Director Thomas, and City Clerk Jensen Citizens 4 1. Housing Ms. Pratschner reviewed the Washington State Department of Commerce new housing element requirements and the Growth Management Act Steering Committee housing allocations. The Capital Facilities Plan and Comprehensive Plan will be updated to incorporate these changes. Accessory Dwelling Unit (ADU) reform including the number ADU’s allowed, size, setbacks, impact fees, parking and new Homeowner Association limitations were presented. Mr. Rogerson discussed the option of declaring an affordable housing emergency with a temporary ordinance. Next steps are engaging a consultant to assist with Comprehensive Plan updates, schedule a planning retreat with staff and Council, then approve a resolution with desired updates. Council, Mayor, and staff engaged in a lengthy discussion of code updates, permit and development fees, housing types and locations throughout the City, mixed use options, variances, Affordable Housing Sales and Use Tax (HB1590), and partnerships with local housing agencies. 2. Fire Station #1 Chief Brice provided a background of the fire station needs assessment, past bond proposal and renovations of Stations 2 & 3. New strategies for Station 1 replacement, including location, bond options, and the timing of presenting a ballot measure to residents were discussed. Finance & Parks and Enrichment Services January 31, 2024 Page 2 of 2 3. Parks Ms. Berner discussed the City’s park system and the challenges with maintenance, equipment, and funding. Current priorities are maintaining the current parks and connecting residents to the parks and trails. Volunteer opportunities and review of parks impact fees were discussed. 4. Public Works Mr. Phillips shared that the Washington State Department of Transportation (WSDOT) plans to paint the SR 536 Bridge (West Side Bridge) between May and October, 2025. The Complete Street/Active Transportation portion of the project proposal has not yet been defined by WSDOT. 5. Unhoused Response Funding, resources, and engagement with local housing agencies were discussed. 6. Planning Retreat A planning retreat with Council and staff will take place on Saturday Feb 24th from 9 am – 3 pm. Potential topics:  Downtown sub-area plan  City tour for potential housing locations  Buildable land map  Parks planning and funding strategies  Unhoused needs, potentially invite non-profit agencies  Partnership with non-profit organizations Opportunities to spend time with Integrated Outreach Services staff and Community Court were discussed. 7. Police Chief Recruitment Ms. Keator provided an update of Police Chief recruitment and a proposal to adjust the salary of the position, out-of-state recruitment, and assistance from recruiter. The meeting adjourned at 8:45 pm. Submitted by: Becky Jensen  CONSENT ITEM: D Approval of Accounts Payable Claims February 14, 2024 Approval of AP Claims checks dated February 14, 2024 numbered 24715 - 24914, in the amount of $ 3,171,954.98 .  CONSENT ITEM: E DATE: February 14, 2024 TO: City Council FROM: Mayor Peter Donovan SUBJECT: CDBG AGREEMENT WITH COMMUNITY ACTION OF SKAGIT COUNTY – PUBLIC SERVICES RECOMMENDED ACTION: Motion INTRODUCTION/BACKGROUND: Community Action will use this funding for their Housing and Resource Center program. This allocation of $31,242 represents 9% of the City’s total 2023-2024 CDBG award from HUD. HUD has approved this expenditure. FINDINGS/CONCLUSIONS: This expenditure was approved by Council as part of the City’s 2023-2024 CDBG Annual Action Plan. RECOMMENDATION: Staff recommends that Council authorize the Mayor to enter into an agreement with Community Action of Skagit County for public services funding. ATTACHED: Draft version of CDBG agreement with Community Action  CONSENT ITEM: F DATE: February 14, 2024 TO: City Council FROM: Mayor Peter Donovan SUBJECT: CDBG AGREEMENT WITH COMMUNITY ACTION OF SKAGIT COUNTY – PUBLIC FACILITY IMPROVEMENTS RECOMMENDED ACTION: Motion INTRODUCTION/BACKGROUND: Community Action will use $24,067 in 2023-2024 CDBG funding towards replacing existing flooring in the William J. Shuler Family Development Center. HUD has approved this expenditure. FINDINGS/CONCLUSIONS: This expenditure was approved by Council as part of the City’s 2023-2024 CDBG Annual Action Plan. RECOMMENDATION: Staff recommends that Council authorize the Mayor to enter into an agreement with Community Action of Skagit County for public facility improvement funding. ATTACHED: Draft version of CDBG agreement with Community Action  CONSENT ITEM: G DATE: February 14, 2024 TO: Mayor Donovan and City Council FROM: William Bullock, PE - City Engineer SUBJECT: CONTRACT FOR PROFESSIONAL SERVICES WITH GEO TEST SERVICES: ON-CALL MATERIALS TESTING SERVICES RECOMMENDED ACTION: Staff recommends Council authorize the Mayor to enter into a professional services agreement with Geo Test Services, a subsidiary of RMA Group Inc., to provide on-call materials testing services. INTRODUCTION/BACKGROUND: The scope of work will provide on-call materials testing services to the Public Works Department primarily for materials testing data needed to engineering design efforts and other Public Works projects with an annual budget of $50,000 per year. The City advertised a general request for proposals and selected Geo Test Services as the preferred candidate out of six companies. FINDINGS/CONCLUSIONS: Staff has reviewed and determined the submitted proposal and rate schedule offered are acceptable. This is a three-year contract with a total budget of $150,000 and an option to extend the contract for an additional year. RECOMMENDATION: A motion from Council authorizing the Mayor to enter into a professional services agreement with Geo Test Services, a subsidiary of RMA Group Inc., to provide on-call materials testing services in the calendar years 2024-2026, for an amount not to exceed $150,000. ATTACHED: Draft Professional Services Agreement  CONSENT ITEM: H DATE: February 14, 2024 TO: Mayor Donovan and City Council FROM: William Bullock, PE - City Engineer SUBJECT: CONTRACT FOR PROFESSIONAL SERVICES WITH HARMSEN LLC: ON-CALL SURVEY SERVICES RECOMMENDED ACTION: Staff recommends Council authorize the Mayor to enter into a professional services agreement with Harmsen, LLC to provide on-call surveying services. INTRODUCTION/BACKGROUND: The scope of work will provide on-call surveying services to the Public Works Department primarily for surveying data needed to design street and curb ramp improvements and other Public Works projects with an annual budget of $50,000 per year. The City advertised a general request for proposals and selected Harmsen LLC as the preferred candidate out of nine companies. FINDINGS/CONCLUSIONS: Staff has reviewed and determined the submitted proposal and rate schedule offered are acceptable. This is a three-year contract with a total budget of $150,000 and an option to extend the contract for an additional year. RECOMMENDATION: A motion from Council authorizing the Mayor to enter into a professional services agreement with Harmsen LLC for on-call surveying services in the calendar years 2024-2026, for an amount not to exceed $150,000. ATTACHED: Draft Professional Services Agreement  CONSENT ITEM: J RESOLUTION NO. 1052 A RESOLUTION OF THE CITY OF MOUNT VERNON, WASHINGTON, APPROVING ENDO BANKRUPTCY REORGANIZATION PLAN. WHEREAS the City is a litigating party in the ongoing opioid lawsuits which includes Endo International PLC (Endo); and WHEREAS as a result the City holds opioid claims against Endo and its subsidiaries and affiliates ; and WHEREAS Endo has sought bankruptcy relief under Chapter 11 and provided a Joint Chapter 11 Plan of Reorganization of Endor which includes the resolution of Opioid Claimants as a part of the plan (the Plan); WHEREAS the City has discussed the plan with its legal counsel. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF MOUNT VERNON: That the City of Mount Vernon approves of the plan and hereby directs outside counsel representing the City to vote in favor of the plan. Adopted at a regular meeting of the City Council of the City of Mount Vernon, Washington, held on the February 14, 2024. By ______________________________________ PETER DONVOAN, Mayor Attest: ______________________________________ BECKY JENSEN, City Clerk Approved as to form: ___________________________________ KEVIN ROGERSON, City Attorney RESOLUTION NO. 1052 PAGE 1  NEW BUSINESS ITEM: A DATE: February 14, 2024 TO: Mayor Donovan and City Council FROM: Jennifer Berner, Director, Parks and Enrichment Services SUBJECT: WASHINGTON TRAILS ASSOCIATION AGREEMENT RECOMMENDED ACTION: Staff recommends Council approve the Mayor enter into Cooperative Agreement with Washington Trails Association (WTA) for trail maintenance work at Little Mountain Park. INTRODUCTION/BACKGROUND: The Agreement is intended to develop and expand a framework of cooperation between the City and WTA for the purpose of advancing volunteer opportunities and improving recreational trail opportunities on land managed by the City, Little Mountain Park. Washington Trails Association (WTA) will provide trail maintenance volunteers and qualified crew leaders to train in techniques of trail maintenance and realignment and to oversee the work events. The term of the agreement will continue through December 31, 2024. WTA will continue their work of re-routing the Ridge Trail at Little Mountain. The total cost of the trail work will not exceed $15,000. The funding for this contract is included in the 2024 budget. FINDINGS/CONCLUSIONS: None RECOMMENDATION: Staff requests approval for the Mayor to enter into an agreement with the Washington Trails Association for trail maintenance work at Little Mountain Park. ATTACHED: Washington Trails Association Agreement & Insurance Photos of 2023 Trail Work  NEW BUSINESS ITEM: B DATE: February 14, 2024 TO: Mayor Donovan and City Council FROM: Erin Keator, Human Resources Director SUBJECT: SALARY ORDINANCE RECOMMENDED ACTION: Staff recommends that Council adopt an ordinance establishing the classification and salary schedule for the non-represented employees with the police chief classification adjusted to range 42 INTRODUCTION/BACKGROUND: The City has conducted two recruitments for the police chief position. The City received a limited number of applications during the process. The top candidate in the previous process withdrew upon receiving a conditional offer citing that the salary package was low. FINDINGS/CONCLUSIONS: Human Resources reviewed the police chief salaries for our comparable and competitive jurisdictions and found that the current range was under market. To create a competitive compensation package for the police chief position, staff recommends adjusting the police chief salary range on the non-represented classification and salary schedule from range 40 to range 42. In addition, staff recommends a three percent (3%) deferred compensation match to a city sponsored 457 program. RECOMMENDATION: Staff recommends that Council adopt an ordinance that implements the adjusted salary range and three percent (3%) deferred compensation match for the police chief position. ATTACHED: Salary Ordinance  NEW BUSINESS ITEM: C DATE: February 14, 2024 TO: Mayor Donovan and City Council FROM: William Bullock, P.E. – City Engineer SUBJECT: PROJECT ACCEPTANCE #2023-ITB-003: 2023 CURB RAMPS RECOMMENDED ACTION: Staff recommends Council authorize the Mayor to accept the work completed by Always Active Services LLC on the 2023 Curb Ramps project. INTRODUCTION/BACKGROUND: The project included sidewalk repair and replacement of ADA ramps primarily associated with the 2023 Paving Program, ADA ramp and drainage modifications at the 6th/Lawrence intersection, and other work. The 2023 Paving Project street segments associated with ramp improvements were: • E. Division Street (Waugh Road to Big Lake Road) • Anderson Road (Old Hwy 99 to I-5 Bridge) • N. 18th Street (W Fir Street to College Way) FINDINGS/CONCLUSIONS: Physical completion was achieved on December 13, 2023, in accordance with the plans and specifications. Final adjusted project amount was $422,587.06. RECOMMENDATION: Staff recommend accepting the work performed by Always Active Services LLC, for the 2023 Curb Ramps project. ATTACHED: None  NEW BUSINESS ITEM: D DATE: February 14, 2024 TO: Mayor Donovan and City Council FROM: William Bullock, PE - City Engineer SUBJECT: CONTRACT FOR PROFESSIONAL SERVICES WITH E&E CONTRACTING: ON-CALL CONCRETE CONSTRUCTION SERVICES RECOMMENDED ACTION: Staff recommends Council authorize the Mayor to enter into a professional services agreement with E&E Contracting to provide on-call concrete construction services. INTRODUCTION/BACKGROUND: E&E Contracting will provide on-call concrete construction services to the Public Works Department primarily for repair of damaged sidewalk facilities and spot repairs; annual budget of $50,000 per year. FINDINGS/CONCLUSIONS: The City received bids for a general level of time and materials work effort from five firms and E&E Contracting submitted the lowest bid. RECOMMENDATION: A motion from Council authorizing the Mayor to enter into a professional services agreement with E&E Contracting to provide on-call concrete construction services in the calendar years 2024-2026, for an amount not to exceed $150,000. ATTACHED: Draft Professional Services Agreement  NEW BUSINESS ITEM: E DATE: February 14, 2024 TO: Mayor Donovan and City Council FROM: William Bullock, PE - City Engineer SUBJECT: CONTRACT FOR PROFESSIONAL SERVICES WITH BONNER ELECTRICAL CONTRACTING: ON-CALL ELECTRICAL SERVICES RECOMMENDED ACTION: Staff recommends Council authorize the Mayor to enter into a professional services agreement with Bonner Electrical Contracting to provide on-call electrical services. INTRODUCTION/BACKGROUND: Bonner Electrical Contracting will provide on-call electrical services to the Public Works Department primarily for repair of damaged street lights, traffic signal components, and other facility work requiring an electrician; annual budget of $50,000 per year. FINDINGS/CONCLUSIONS: The City received bids for a general level of time and materials work effort from three firms and Bonner Electric submitted the lowest bid. RECOMMENDATION: A motion from Council authorizing the Mayor to enter into a professional services agreement with Bonner Electrical Contracting to provide on-call electrical services in the calendar years 2024-2026, for an amount not to exceed $150,000. ATTACHED: Draft Professional Services Agreement  NEW BUSINESS ITEM: F DATE: February 14, 2024 TO: Mayor Donovan and City Council FROM: William Bullock, PE - City Engineer SUBJECT: CONTRACT FOR PROFESSIONAL SERVICES WITH DAVID EVANS AND ASSOCIATES: CARPENTER CREEK/HICKOX ROAD FISH PASSAGE IMPROVEMENT PROJECT RECOMMENDED ACTION: Staff recommends Council authorize the Mayor to enter into a professional services agreement with David Evans and Associates (DEA) to provide engineering and design services for the Carpenter Creek/Hickox Road Fish Passage Improvement Project . INTRODUCTION/BACKGROUND: DEA will provide engineering and technical services services for a culvert replacement project at the Hickox Road crossing of Carpenter Creek. The existing culvert is a 155 foot long, 10-foot diameter round corrugated metal culvert embedded in approximately 26 feet of fill. The intent is to replace the culvert with an appropriately sized, modern fish passable culvert (such as a split box) at Hickox Road in its existing location. FINDINGS/CONCLUSIONS: DEA is an engineering design firm and was the preferred candidate in the selection process among three consultants responding to the advertised Request for Qualifications. This project is currently partially funded for design with the remaining funding required for completing design and construction is forthcoming from three different sources. One of these funding sources requires the 30% design be completed by May 2, 2024; DEA has provided an initial scope and fee to meet this timeline that is within the existing project budget. Design work beyond 30% will require a contract amendment and will be funded through the Stormwater Utility and additional grant funding. The fee for the initial scope of work for the 30% design effort will be an amount not to exceed $188,446. RECOMMENDATION: A motion from Council authorizing the Mayor to enter into a professional services agreement with David Evans and Associates to provide engineering and design services for the Carpenter Creek/Hickox Road Fish Passage Improvement Project for an amount not to exceed $188,446. ATTACHED:  Contract Scope and Fee  Vicinity Map