City Council

CITY OF MOUNT VERNON CITY COUNCIL MEETING AGENDA February 28, 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 1. OPENING CEREMONIES A. Call to Order B. Pledge of Allegiance C. Roll Call of Councilmembers 2. APPROVAL OF AGENDA 3. COMMUNITY 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 28, 2024.) Interpretation services for Community Comments are available on request. Please contact the City Clerk at beckyj@mountvernonwa.gov or 360-419-3253 at least two business days prior to the meeting if you would like an interpreter to share your comments with City Council. 4. CONSENT AGENDA A. Approval of February 14, 2024, Regular Council Meeting minutes B. Approval of February 20, 2024, payroll checks numbered 112373 - 112384 direct deposit checks numbered 98750 - 99005, and wire transfers numbered 1305 - 1309 in the amount of $1,431,653.36 C. Approval of February 28, 2024 Claims numbered4915 - 25037 in the amount of $3,510,367.89 D. Approval of Agreement 4526 – Dowell Consulting, PLLC E. Approval of Agreement 4527 – Transportation Solutions, Inc. Mount Vernon City Council Agenda February 28, 2024 Page 2 of 3 F. Approval of Agreement 4528 – L.C. Lee and Associates, Inc. G. Approval of Agreement 4529 – Armadillo Design Lab H. Approval of Agreement 4530 – Urban Forestry/Bartlett Consulting I. Approval of Agreement 4531 – Olbrechts & Associates, PLLC J. Approval of Agreement 4532 – 7K Environmental, LLC K. Approval of Agreement 4533 – Shelterbelt, LLC L. Approval of Agreement 4534 – Pacific Surveying & Engineering, Inc. M. Approval of Agreement 4535 – Materials Testing & Consulting, Inc. N. Approval of Agreement 4536 – Land Development Engineering & Surveying, Inc. O. Approval of Agreement 4537 – SAFEbuilt Washington, LLC 5. REPORTS A. Committees 1. Finance & Parks and Enrichment Services 2. Development Services B. Councilmember Comments C. Mayor’s Report D. Committee Agenda Requests 6. NEW BUSINESS A. Presentation – Skagit Habitat for Humanity (Skagit Habitat for Humanity Director Tina Tate will provide an update of current projects.) (required action – none) (staff contact – Mayor Donovan) B. Approval of Agreement – DISH Wireless, LLC (Staff is requesting approval a ground site lease agreement with DISH, Wireless, LLC) (required action – motion) (staff contact – Blaine Chesterfield) C. Approval of Agreement Amendment – HDR Engineering, Inc. (Staff is requesting approval an amendment to Agreement 4027 with HDR Engineering to for on-call consulting services.) (required action – motion) (staff contact – Chris Phillips) 7. EXECUTIVE SESSION 8. ADJOURNMENT Mount Vernon City Council Agenda February 28, 2024 Page 3 of 3 COMMITTEE MEETING Finance & Parks and Enrichment Services 6:00 p.m. Next Ordinance 3887 Next Resolution 1053  CONSENT ITEM: A City of Mount Vernon City Council Meeting Minutes February 14, 2024 Police Court Campus, 1805 Continental Place Mayor Donovan called the meeting to order at 7:00 p.m. Present: Councilmembers Beaton, Carías, Hudson, Molenaar, Tercero, and Vander Stoep Absent: Councilmember Brocksmith (excused) Staff Present: City Attorney Rogerson, Finance Director Volesky, Police Chief Cammock, Parks and Enrichment Services Director Berner, Human Resources Director Keator, Public Works Director Phillips, IT Director Thomas, Library Director Huffman, Fire Chief Brice, and Development Services Director Pratschner Citizens: 6 APROVAL OF AGENDA Councilmember Tercero moved to approve the agenda as presented. Motion seconded by Councilmember Molenaar. Motion carried 6-0. COMMUNITY COMMENTS Public Comments  Katrina Dohn, representing TNT Fireworks, spoke about the City’s recent fireworks ban.  Marian Myers, Mount Vernon resident, spoke about the stormwater drainage facility at the Cedar Heights development.  EXECUTIVE SESSION Mount Vernon City Council February 14, 2024 Page 2 of 5 The meeting adjourned into executive session at 7:03 pm for a period of twenty minutes to discuss with legal matters relating to agency enforcement actions, 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).No action will be taken following the session. And to discuss collective bargaining sessions with employee organizations, including contract negotiations, grievance meetings, and discussions relating to the interpretation or application of a 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). The meeting reconvened at 7:23 pm. CONSENT AGENDA A. Approval of January 24, 2024 Regular Council Meeting Minutes B. Approval of January 31, 2024 Committee of the Whole minutes C. Approval of February 5, 2024, payroll checks numbered 112357 – 11237, direct deposit checks numbered 98489 - 98749, and wire transfers numbered 1300 - 1304 in the amount of $497.75 D. Approval of February 14, 2024 Claims numbered 24715 in the – 24914 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 Councilmember Beaton moved to approve Consent Agenda Items A - J. Motion seconded by Councilmember Carías. Motion carried 6-0. REPORTS A. Committees 1. Public Works and Library – see committee minutes for details. 2. Committee of the Whole - see committee minutes for details 3. Public Safety - see committee minutes for details Mount Vernon City Council February 14, 2024 Page 3 of 5 B. Councilmember Comments  Councilmember Beaton acknowledged Police Chief Cammock and spoke about the Mayor’s Coffee Hour. Councilmembers Beaton and Hudson will hold a Ward 3 community meeting on March 26, 2024, 6-7 pm at Fire Station 3.  Councilmember Tercero spoke about the Police Department Citizen’s Academy, fleet services, and prioritizing officer recruitment.  Councilmember Vander Stoep spoke about Association of Washington Cities Action Days. C. Mayor’s Report  Recap of the Association of Washington Cities Action Days.  There will be a Stormwater Water Management discussion at the Public Works Committee meeting on March 13, 2024.  Mount Vernon Library Commons construction update.  Jill Boudreau was sworn in as a member of the Federal Emergency Management Agency Advisory Council. D. Committee Agenda Requests  Councilmember Beaton requested a permit fee discussion.  Councilmember Molenaar requested a tour of the Library Commons during the council retreat. NEW BUSINESS A. Approval of Agreement – Washington Trails Association: Ms. Berner requested approval of an agreement with Washington Trails Association for trail maintenance at Little Mountain Park. Councilmember Carías moved to approve an agreement with Washington Trails Association in the amount of $15,000. Motion seconded by Councilmember Hudson. Motion carried 6-0. B. Approval of Ordinance – Police chief Salary: Ms. Keator requested 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. Councilmember Beaton moved to adopt Ordinance 3886. Motion seconded by Councilmember Molenaar. Motion carried 6-0. C. Project Acceptance – 2023 Curb Ramp Project: Mr. Phillips requested Mount Vernon City Council February 14, 2024 Page 4 of 5 approval of the work completed by Always Active Services, LLC for the 2023 Curb Ramp Project. Councilmember Hudson moved to approve the work completed by Always Active Services, LLC for the 2023 Curb Ramp Project in the amount of $422,587.06. Motion seconded by Councilmember Beaton. Motion carried 6-0. D. Approval of Agreement – E&E Contracting: Mr. Phillips requested approval of an agreement with E&E Contracting for on-call concrete construction services. Councilmember Tercero moved to approve an agreement with E&E Contracting for on-call concrete construction services in the amount of $150,000. Motion seconded by Councilmember Vander Stoep. Motion carried 6-0. E. Approval of Agreement – Bonner Electrical Contracting: Mr. Phillips requested approval of an agreement with Bonner Electrical for on-call electrical services for 2024-2026. Councilmember Hudson moved to approve an agreement with Bonner Electrical Contracting for on-call electrical services in the amount of $150,000. Motion seconded by Councilmember Molenaar. Motion carried 6-0. F. Approval of Agreement – David Evans and Associates: Mr. Phillips requested approval of an agreement with David Evans and Associates for the design of the Carpenter Creek/Hickox Road Fish Passage Improvement Project. Councilmember Beaton moved to approve an agreement with David Evans and Associates for the design of the Carpenter Creek/Hickox Road Fish Passage Improvement Project in the amount of $188,446. Motion seconded by Councilmember Hudson. Motion carried 6-0. Mount Vernon City Council February 14, 2024 Page 5 of 5 ADJOURNMENT The meeting adjourned at 8:19 pm. Submitted by: Becky Jensen, City Clerk  CONSENT ITEM: D DATE: February 28, 2024 TO: Mayor Donovan and City Council FROM: Doug Volesky, Finance Director SUBJECT: CONSULTING MASTER SERVICES AGREEMENT WITH DOWELL CONSULTING, PLLC. RECOMMENDED ACTION: Staff recommends Council approval of a consulting master services agreement with Dowell Consulting, PLLC. INTRODUCTION/BACKGROUND: Attached is a consulting master services agreement with Dowell Consulting. This contract is used for help in financial preparation, review and consultation for the city’s financial statements and other general accounting processes as needed. FINDINGS/CONCLUSIONS: This is a renewal of an ongoing contract that the City has with Andrea Dowell. Andrea’s expertise is most helpful and has been a major contributor to the City’s financial statements and audit. RECOMMENDATION: Staff recommends Council approval of a consulting master services agreement with Dowell Consulting, PLLC. ATTACHED: • Consulting Master Services Agreement – Dowell consulting, PLLC  CONSENT ITEMS: E-O DATE: February 28, 2024 TO: Mayor Donovan and City Council FROM: Rebecca Lowell, Development Services SUBJECT: 2024 Development Services Professional Service Agreements – Consent Agenda Item RECOMMENDED ACTION: Staff recommends Council approve the below-described Professional Service Agreements. INTRODUCTION/BACKGROUND: The table below identifies all the consultants, it summarizes their scope of work, and provides the do not exceed amounts associated with their scope of work. This table also provides information regarding why each of the consultants are necessary. CONSULTANT SUMMARY OF SCOPE DO NOT EXCEED AMOUNT Olbrechts & Associates, PLLC – On-call Hearing Examiner $20,000.00 Mr. Phil Olbrechts The services provided are necessary and essential to comply with Chapter 2.34 (Hearing Examiner) of the Mount Vernon Municipal Code (MVMC) requiring the appointment of a Hearing Examiner. Chapter 14.05 (Procedures) MVMC requires the Hearing Examiner to hold hearings and make recommendations or decisions on Type III (e.g. Conditional Use Permit) and Type IV permits (e.g. Preliminary Plat). Mr. Olbrechts has been the City’s Hearing Examiner continuously since 2018. Transportation Solution Inc. Traffic consulting services and traffic $80,000.00 (TSI) – Mr. Victor Salemann, P.E. concurrency reports for certain types of Fees are reimbursed development projects to the City for traffic concurrency reports The services provided are necessary and essential to comply with the City’s development regulations contained within Chapters 3.40 (Impact Fees for Public Streets, Roads, Parks, Open Space and Recreation Facilities and Fire Protection), 14.05 (Procedures), and 14.10 (Concurrency Management) MVMC and to implement the City’s Transportation Element of the Comprehensive Plan. These services are also necessary and essential to comply with permit processing timelines mandated in State Law (RCW 36.70B.080). Mr. Salemann has been under contract with the City to complete this type of work since 2007. CONSULTANT SUMMARY OF SCOPE DO NOT EXCEED AMOUNT SAFEbuilt Washington, LLC – On-Call review of construction plans and $50,000.00 Mr. Joe DeRosa, CRO associated materials for building permits A portion of otherwise collected building permit fees are used to pay for this work Materials Testing & Consulting, Inspections of work completed under $50,000.00 Inc. building permit(s) approved by the City The services provided by SAFEbuilt Washington, LLC and Materials Testing & Consulting, Inc are needed to maintain efficient and timely building permit review and inspections by the Building Division. The Building Division has been short two full-time employees for a few years leaving just one person to complete all permit reviews, approvals, and inspections. These services are also necessary and essential to comply with permit processing timelines mandated in State Law (RCW 36.70B.080). Materials Testing & Consulting, Inc has been under contract with the City to complete this type of work since 2022 and SAFEbuilt Washington, LLC has been under contract with the City to complete this type of work since 2023. Pacific Surveying & Engineering, On-call surveying and engineering $20,000.00 Inc. – Mr. Adam Morrow, P.L.S. services Land Development Engineering On-call surveying and engineering $20,000.00 & Surveying, Inc. – Mr. Ramon services Llanos, P.E. The services provided by Pacific Surveying & Engineering and Land Development Engineering & Surveying are needed to maintain efficient and timely engineering permit review by the Engineering Division. The Engineering Division will be losing an employee at the end of this month leaving just one person to complete all permit reviews and approvals. These services are also necessary and essential to comply with permit processing timelines mandated in State Law (RCW 36.70B.080). Pacific Surveying & Engineering, Inc. has completed this type of work for the City since 2018 and Land Development Engineering & Surveying has completed this type of work for the City since 2014. LC Lee & Associates, Inc. – Dr. Completes critical area monitoring for $20,000.00 Lyndon Lee City property that is part of the Critical Peer review work is Area Ordinance Ecosystem Alternative reimbursed to the City program, completes on-call review and through required peer review of projects that have critical permit fees. area components, and assists with implementation of the “Bi-Op” Endangered Species Act (ESA) process the City is mandated to comply with.  CONSULTANT SUMMARY OF SCOPE DO NOT EXCEED AMOUNT 7K Environmental – Ms. Kate Completes critical area monitoring for $15,000.00 Knox-Machata City property that is part of the Critical Peer review work is Area Ordinance Ecosystem Alternative reimbursed to the City program and completes on-call review through required and peer review of projects that have permit fees. critical area components The peer review services of Dr. Lee and Mrs. Machata are needed because unlike other jurisdictions, the City does not have a biologist on staff that is qualified to review and approve critical area reports submitted to the City. Chapter 15.40 (Critical Areas) MVMC codified the process that has been in place since 2007 to have peer review of critical area reports. Dr. Lee also assists with implementation of the “Bi-Op” Endangered Species Act (ESA) process the City is mandated to comply with 1. The City’s Managed Ecosystem Alternative program that was adopted in 2007 as part of the Critical Areas Ordinance (Chapter 15.40 MVMC) also requires certain mitigation sites be permitted, monitored, and maintained. This work is paid for out of fees collected when developers choose to “buy down” buffers on wetlands and/or streams. Dr. Lee has completed this type of work for the City since 2007, and Ms. Machata has completed this type of work for the City since 2012. Shelterbelt, LLC – Mr. Noah Maintenance of mitigation sites under $31,000.00 Booker the Direction of Dr. Lee that are part of the City’s Ecosystem Alternative Program The maintenance work on mitigation sites completed by Mr. Booker is needed because it is a requirement of the City’s Ecosystem Alternative Program codified under Chapter 15.40.110. This program allows developers to “buy down” critical area buffers; however, when these buffers are bought down the City is required to enhance, maintain, and monitor the City’s mitigation sites. Mr. Booker has completed this type of work for the City since 2013. 1 This is the process by which the City carries out our program to implement the National Marine Fisheries Service (NMFS) 2008 Biological Opinion for Puget Sound requiring that FEMA (and all of the affected participating communities – including Mount Vernon) ensure that any type of floodplain development does not have an adverse effect on endangered species or their critical habitats.  CONSULTANT SUMMARY OF SCOPE DO NOT EXCEED AMOUNT Urban Forestry Services / On-call arboricultural consultation and $15,000.00 Bartlett Consulting – Mr. Jim related technical assistance Fees for this work are Barborinas paid by Applicant with their permit needing this review The services provided are necessary and essential to comply with the City’s development regulations contained within Chapters 17.93 (Landscaping) and 12.28 (Street Trees) MVMC. The Department does not employee an arborist, so these services are necessary to ensure planning staff is only approving certain types of street trees that won’t damage nearby public property, e.g. sidewalks and roads. Services provided also include consultation such as tree appraisals, hazard tree assessment, tree and plant selection, inspection and approval, landscape installation monitoring for compliance, and tree protection plans. Mr. Barborinas has completed this type of work for the City since 2013. Armadollo Design Lab – Mr. Design Standards Review for certain $25,000.00 Adair Orr single-family and multi-family projects Fees for this work are paid by Applicants with their design review permit The services provided are necessary for design review required under Chapter 17.70 (Design Review) MVMC for the development of multi-family residential structures, single-family residential structures on small lots, and Planned Unit Developments. Mr. Orr’s services are necessary and essential to comply with permit processing timelines mandated in State Law (RCW 36.70B.080). Additionally, the consultant completes work outside of the expertise of Department staff. Armadillo Design Lab has been under contract to complete this type of work for the City since 2016. Attached to this memo is a copy of each Professional Service Agreement providing the full scope of work, hourly rates, and all other contractual items. FINDINGS/CONCLUSIONS: The professional services provided by all the consultants identified in the table above are needed for one, or more, of the below-listed reasons: 1. Historically the City has decided to contract some of these services because it is less expensive than hiring employees to complete this work.  2. Staff positions need to be filled, and until these positions can be filled, consultants are being utilized. Without these consultants permit review will take longer. 3. The services provided by consultants for permit review are necessary and essential to maintain efficient and timely permit processing and to comply with permit processing timelines mandated in State Law (RCW 36.70B.080). 4. To complete work for programs previously adopted by the City Council. RECOMMENDATION: Staff recommends that Council move to approve this consent agenda item allowing the Department to work with the identified consultants. ATTACHED: • Professional Service Agreements for each of the above-identified Consultants  NEW BUSINESS ITEM: A DATE: February 28, 2024 TO: City Council FROM: Mayor Peter Donovan SUBJECT: SKAGIT HABITAT FOR HUMANITY UPDATE RECOMMENDED ACTION: None INTRODUCTION/BACKGROUND: Skagit Habitat for Humanity strives to bring people together to build homes, communities, and hope. They believe that everyone deserves a decent place to live. The organization is currently utilizing the City’s CDBG funding to assist their clients with making downpayments, and paving the way to home ownership for many in our community that would not otherwise be able to attain this dream. Habitat Director Tina Tate will update Council on the organization’s progress toward its mission. FINDINGS/CONCLUSIONS: None RECOMMENDATION: None ATTACHED: None  NEW BUSINESS ITEM: B DATE: February 28, 2024 TO: Mayor Donovan and City Council FROM: Blaine Chesterfield, Public Works, Engineering Manager SUBJECT: APPROVAL OF SITE LEASE AGREEMENT WITH DISH WIRELESS, L.L.C. RECOMMENDED ACTION: That the City Council by motion authorize the Mayor to enter into the Site Lease Agreement with Dish Wireless, L.L.C. INTRODUCTION/BACKGROUND: This is a new ground lease located at Fire Station 2 within the communication tower compound on the southwest corner of the property. City staff including the Fire Department participated in the negotiations for this new site lease attached hereto. The lease terms include: 1. Base rental payments begin at $24k annually. 2. The term is five years with an additional 3 five-year options. 3. Rents shall increase 4% annually through the lease term. 4. Payment of $3,500 administrative fee for costs in time and labor to negotiate the agreement. 5. Insurance and indemnification as set forth in the lease. 6. Performance Bond of $30k to secure payment of rents due and faithful performance of the Agreement. 7. Liquidated damages of $500 for lack of notice to the Fire Department prior to entry onto site for each occurrence subject to the conditions in the lease (e.g. no notice needed if emergency). FINDINGS/CONCLUSIONS: None RECOMMENDATION: Council motion to authorize the Mayor to sign the Site Lease Agreement with Dish Wireless L.L.C. ATTACHED:  Proposed Lease Agreement  NEW BUSINESS ITEM: C DATE: February 28, 2024 TO: Mayor Donovan and City Council FROM: Chris Phillips – Public Works Director SUBJECT: ON-CALL PROFESSIONAL ENGINEERING SERVICES – CONTRACT AMENDMENT NO. 3 WITH HDR ENGINEERING, INC. RECOMMENDED ACTION: Staff recommends Council authorize the Mayor to execute Amendment No. 3 of the On-Call Professional Services Agreement with HDR Engineering Inc., to provide construction management for the Influent Pump Station (IPS) Header project and additional nutrient general permit support. INTRODUCTION/BACKGROUND: The scope of work for the original contract provides on-call professional engineering services to the City of Mount Vernon Wastewater Division for maintenance, permitting support, planning, and design of replacement process equipment with a budget of $338,370. The agreement was supplemented with the Park Street pump station design in the amount of $211,500 and a passthrough agreement with Washington State Department of Transportation (WSDOT) for $23,755 for the Cedardale Sewer Relocation. The proposed amendment no 3 allows for construction management of the IPS Header project and additional nutrient permit assistance totaling $164,119.73. WSDOT passthrough agreement for the Henson Road Sewer relocation in the amount of $23,756 has been added as well, for an overall amount of $761,500.73. Additionally, the proposed amendment extends the contract agreement through December 31, 2025. FINDINGS/CONCLUSIONS: Due to HDR’s extensive experience with the Wastewater Treatment Plant and the design of the Influent Pump Station Header project, which was bid last year, the City has requested their assistance to oversee and manage construction. RECOMMENDATION: Motion to authorize the Mayor to execute Amendment No. 3 with HDR Engineering, Inc., to provide construction management for the IPS Header project and additional nutrient general permit support in the amount of $164,119; for a new total contract cost of $761,500.73. ATTACHED: Proposed “Professional Services Contract Amendment No. 3”