City Council

CITY OF MOUNT VERNON CITY COUNCIL MEETING AGENDA April 24, 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 provide your information on the guest sign-in sheet located on the table near the entrance to the Council Chambers prior to speaking, and 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 April 24, 2024.) Interpretation services for Community Comments are available on request. Please contact the City at mvmayor@mountvernonwa.gov or 360-336-6211 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 April 10, 2024, Regular Council Meeting minutes B. Approval of April 17, 2024, Study Session Minutes C. Approval of April 19, 2024, payroll checks numbered 112455 - 112464, direct deposit checks numbered 99780 – 100035 and wire transfers numbered 1325 - 1329 in the amount of $1,450,005.37 D. Approval of April 24, 2024 Claims numbered 25578 - 25755 in the amount of $3,368,982.13 Mount Vernon City Council Agenda April 24, 2024 Page 2 of 3 E. Approval of Agreement – Skagit County F. Approval of Amendment to Agreement 3779 – Sound Internet Services G. Approval of Amendment to Agreement 3920 – City of Anacortes H. Approval of Amendment to Agreement 4192 - Northwest Open Access Network (NoaNet) I. Approval Agreement – Astound Business Solutions 5. REPORTS A. Committees 1. Finance & Parks and Enrichment Services B. Councilmember Comments C. Mayor’s Report D. Committee Agenda Requests 6. NEW BUSINESS A. Presentation – Skagit PUD (Skagit PUD General Manager George Sidhu will provide an update on recent agency developments.) (required action – none) (staff contact –Steve Sexton) B. Public Hearing and Approval of the 2024-2025 Community Development Block Grant (CDBG) Annual Action Plan (Staff is requesting approval of the 2024-2025 CDBG Annual Action Plan following an open record public hearing to obtain views of citizens and other interested parties about the plan.) (required action – motion) (staff contact – Steve Sexton) C. Approval of Request for Proposals (RFP) - 1590 Grant Funding (Staff is requesting approval of the RFP for 1590 Grant Funding as prescribed in RCW 82.14.530 to support efforts to reduce homelessness through low-income projects and support services.) (required action – Motion) (staff contact – Steve Sexton) D. Approval of Ordinance – Public Records Act Policy Update (Staff is requesting approval of updates to the Public Records Act Policy with Ordinance 3890.) (required action – ordinance) (staff contact – Kevin Rogerson) E. Approval of Ordinance – Limited Tax General Obligation (LTGO) Bond and Transportation Infrastructure Finance and Innovation Act (TIFIA) Loan Agreement (Staff is requesting approval of the LTGO Bond and TIFIA Loan agreement for the Mount Vernon Library Commons Project with Ordinance 3891.) (required action – ordinance) (staff contact – Kevin Rogerson) F. Approval of Agreement Amendment – HKP Architects, PLLC (Staff is requesting approval of an amendment to agreement 4071 with HKP Architects, PLLC to provide additional services for the Mount Vernon Library Commons Project.) (required action – motion) (staff contact – Chris Phillips) Mount Vernon City Council Agenda April 24, 2024 Page 3 of 3 G. Approval of Agreement Amendment – OAC Services, Inc. (Staff is requesting approval of an amendment to agreement 4199 with OAC Services, Inc. to extend the term for services for the Mount Vernon Library Commons Project.) (required action – motion) (staff contact – Chris Phillips) H. Approval of Agreement – Trico Companies, LLC, 2024-ITB-2007 (Staff is requesting approval of the bid award and agreement with Trico Companies, LLC for the 2024 Curb Ramp Improvements Project 2024-ITB-2007.) (required action – motion) (staff contact – Chris Phillips) I. Approval of Agreement – New Cingular Wireless PCS, LLC (Staff is requesting approval of a tower lease agreement with New Cingular Wireless PCS, LLC.) (required action – motion) (staff contact – Chris Phillips) J. Approval of Resolution – Electronic Records Policy (Staff is requesting approval of a Resolution 1054 approving an Electronic Records Policy.) (required action – resolution) (staff contact – Mary Thomas) K. Approval of Resolution – Electronic Signature Policy (Staff is requesting approval of a Resolution 1055 approving an Electronic Signature Policy.) (required action – resolution) (staff contact – Mary Thomas) 7. EXECUTIVE SESSION 8. ADJOURNMENT COMMITTEE MEETING Finance & Parks and Enrichment Services 6:00 p.m. Next Ordinance 3889 Next Resolution 1054  CONSENT ITEM: E DATE: April 24, 2024 TO: Mayor Donovan and City Council FROM: Mary Thomas, IT Director SUBJECT: INTERLOCAL AGREEMENT WITH SKAGIT COUNTY TO PROVIDE MEDIA SERVICES RECOMMENDED ACTION: Motion to approve the Mayor’s signature on the ILA between the City and Skagit County. INTRODUCTION/BACKGROUND: The City of Mount Vernon TV10 and 26 provides media production services for Skagit County Commissioner and Planning Commission meetings as well as other services listed in Exhibit A of the Interlocal Agreement FINDINGS/CONCLUSIONS: Click here to enter text. RECOMMENDATION: Approve the Interlocal Agreement with Skagit County ATTACHED: Interlocal Agreement  CONSENT ITEM: F DATE: April 24, 2024 TO: Mayor Donovan and City Council FROM: Mary Thomas, IT Director SUBJECT: AMENDMENT TO FIBER SERVICES AGREEMENT WITH SOUND INTERNET SERVICES RECOMMENDED ACTION: Approval of Amendment to Fiber Services Agreement with Sound Internet Services dba Pogozone INTRODUCTION/BACKGROUND: Renewal of current Fiber Services Agreement #3779 until May 31st, 2029 FINDINGS/CONCLUSIONS: Click here to enter text. RECOMMENDATION: Motion to approve Mayor to sign Amendment #1 to Agreement ATTACHED: Amendment No 1. Fiber Services Agreement #3779  CONSENT ITEM: G DATE: April 24, 2024 TO: Mayor Donovan and City Council FROM: Mary Thomas, IT Director SUBJECT: AMENDMENT TO DARK FIBER AGREEMENT WITH CITY OF ANACORTES RECOMMENDED ACTION: Approval of Amendment to Dark Fiber Agreement #3920 with City of Anacortes INTRODUCTION/BACKGROUND: Adding an additional strand of fiber to the current dark fiber agreement #3920 FINDINGS/CONCLUSIONS: Click here to enter text. RECOMMENDATION: Motion to approve Mayor to sign Amendment #1 ATTACHED: Amendment No 1. Exhibit A Agreement #3920  CONSENT ITEM: H DATE: April 24, 2024 TO: Mayor Donovan and City Council FROM: Mary Thomas, IT Director SUBJECT: AMENDMENT TO DARK FIBER AGREEMENT WITH NORTHWEST OPEN ACCESS NETWORK RECOMMENDED ACTION: Approval of Amendment to Dark Fiber Agreement with Northwest Open Access Network (NoaNet) INTRODUCTION/BACKGROUND: Amendment to current Dark Fiber Agreement #4192 FINDINGS/CONCLUSIONS: Click here to enter text. RECOMMENDATION: Motion to approve Mayor to sign Amendment #1 to Agreement ATTACHED: Amendment No 1. Exhibit #1 Dark Fiber Agreement #4192  CONSENT ITEM: I DATE: April 24, 2024 TO: Mayor Donovan and City Council FROM: Mary Thomas, IT Director SUBJECT: ASTOUND BUSINESS SOLUTIONS DARK FIBER AGREEMENT RECOMMENDED ACTION: Approval of a dark fiber agreement with Astound Business Solutions for 3 strands of dark fiber INTRODUCTION/BACKGROUND: The agreement will provide Astound Business Solutions with 3 strands of dark fiber that are listed within Exhibit A FINDINGS/CONCLUSIONS: Click here to enter text. RECOMMENDATION: Motion to approve the Mayor to sign the dark fiber agreement with Astound Business Solutions ATTACHED: Dark Fiber Agreement Exhibit A  NEW BUSINESS ITEM: A DATE: April 24, 2024 TO: Mayor Donovan and City Council FROM: Steve Sexton, Special Projects Manager SUBJECT: SKAGIT PUD UPDATE RECOMMENDED ACTION: None INTRODUCTION/BACKGROUND: Skagit PUD has been the county’s largest purveyor of water since 1936, and currently brings nine million gallons of water to nearly 80,000 residents and businesses daily. Skagit PUD Organizational Values include providing exceptional service, preserving natural resources, and keeping rates as low as possible by making wise investments and strategic business decisions. FINDINGS/CONCLUSIONS: P.U. D. General Manager George Sidhu will brief the Council on recent activities within Skagit PUD. RECOMMENDATION: None ATTACHED: None  NEW BUSINESS ITEM: B DATE: April 24, 2024 TO: Mayor Donovan and City Council FROM: Steve Sexton, Special Projects Manager SUBJECT: OPEN RECORD PUBLIC HEARING FOR 2024-2025 CDBG ACTION PLAN RECOMMENDED ACTION: Motion INTRODUCTION/BACKGROUND: This Open Record Public Hearing provides citizens and other interested parties an opportunity to give their views and comments on the 2024-2025 CDBG Annual Action Plan. The city estimates that HUD will appropriate $332,365 to the 2024-2025 City of Mt. Vernon for the CDBG program year. FINDINGS/CONCLUSIONS: As proposed, the Annual Action Plan directs the approximate amounts toward the following goals: *Support public facilities for revitalization: $166,510 Section 108 loan payment: $110,000 Family Promise--Blessing House Renovations: $25,000 Skagit Valley Neighbors in Need--Food Bank Renovations: $31,510 *Support efforts to reduce poverty: $49,855 Welcome Home Skagit--Provide services for persons experiencing homelessness: $49,855 *Increase supply of affordable housing: $50,000 Habitat for Humanity—Providing financial assistance to low-moderate income homebuyers: $50,000 *Administration and Planning: $66,000 RECOMMENDATION: Following a Public Hearing, Council approval of the 2024-2025 CDBG Annual Action Plan ATTACHED: Draft Action Plan spreadsheet CDBG Annual Action Plan PY 2024-2025 Pages 47-48 of Draft Action Plan reflecting current funding Mount Vernon 2024-2025 Estimated Allocation with funding contingencies Notice of Public Comment and Public Hearing 3/26/2024  NEW BUSINESS ITEM: C DATE: April 24, 2024 TO: Mayor Donovan and City Council FROM: Steve Sexton, Special Projects Manager SUBJECT: 1590 REQUEST FOR PROPOSAL FORM APPROVAL RECOMMENDED ACTION: Motion INTRODUCTION/BACKGROUND: The Mount Vernon City Council in 2021 approved a one-tenth of one percent increase in City sales tax for housing and related services consistent with RCW 82.14.530. The purpose of this local funding source is to support housing and related services in the City of Mount Vernon. The city estimates $1.7 million to be available for funding at the time of applications being approved by the City Council on October 23rd. The RFP form proposed will inform applicants of the funding requirements, processes, and timelines approved by the Council. FINDINGS/CONCLUSIONS: None RECOMMENDATION: Motion to approve the Request for Proposal form for 1590 grant funding. ATTACHED: Draft RFP  NEW BUSINESS ITEM: D DATE: April 24, 2024 TO: Mayor Donovan and City Council FROM: Kevin Rogerson, City Attorney SUBJECT: ORDINANCE RELATING TO PUBLIC RECORDS ACT POLICY UPDATES RECOMMENDED ACTION: Approval INTRODUCTION/BACKGROUND: Since Mount Vernon Police Department’s (MVPD) addition of body worn cameras it is necessary to amend and update the City’s Policies and Procedures for the processing of public records to reflect changes and add authorized fees for the costs associated with redacting body worn camera records for public records requests. The state legislature recognizes the time and costs involved in responding to requests for body worn cameras and allows public agencies to bill for reasonable costs of redacting, altering, distorting, pixelating, suppressing, or otherwise obscuring any portion of the body worn camera recording prior to disclosure allowing cities to recoup those costs before release of requested records. See RCW 42.56.429(14)(f). MVPD conducted a cost and time study to estimate the amount of time required to make specific types of redactions necessary to comply with statutory exemptions from disclosure and will use that information to provide requests with an estimate of redaction time and fee deposit and will charge actual costs for persons not excluded from payment as set forth in RCW 42.56.240(14). FINDINGS/CONCLUSIONS: Adoption RECOMMENDATION: That the Council move to adopt the proposed ordinance amending Chapter 2.98 of the Mount Vernon Municipal Code to reflect changes in the City’s Public Records Act Policy. ATTACHED: Ordinance  NEW BUSINESS ITEM: E DATE: April 24, 2024 TO: Mayor Donovan and City Council FROM: Kevin Rogerson; City Attorney SUBJECT: RE: BOND ORDINANCE RECOMMENDED ACTION: Adoption of Proposed Ordinance INTRODUCTION/BACKGROUND: As a critical component of the City’s overall downtown economic development plan and to address a long needed shortfall in library services the City of Mount Vernon, Washington, (the “City”) undertook the construction of the Mount Vernon Library Commons Project (the “Project”) consisting of a multi-use infrastructure project located in the historic downtown area of the City along I-5 and including public library services, community center space, structured parking with a public mega charging electric vehicle charging floor, park and ride facilities, a transit stop, and such other capital improvements as the City Council may approve. The Project’s completion advances the best interests of the inhabitants of Mount Vernon serving not only as a state-of-the-art public amenity for gatherings and the provision of public services, but further as a cornerstone project that meaningfully advances overall economic development and re-development of the City’s downtown long into its future. Congress of the United States of America (the “Congress”) finding that a well-developed system of transportation infrastructure is critical to the economic well-being, health, and welfare of the people of the United States of America has enacted the Transportation Infrastructure Finance and Innovation Act of 1998 (“TIFIA”). The Act authorizes the TIFIA Lender to enter into agreements with one or more obligors to make secured loans. The City is authorized by Title 35 and Ch. 39.46 to incur debt obligations and issue general obligation bonds payable from, inter alia, regular tax levies of the City. RCW 35.21.735 authorizes cities to enter into agreements with the United States or any agency or department thereof for any lawful public purpose. In order to assist in financing the Project, the City applied for a loan with the United States Department of Transportation (the TIFIA lender). The City has requested the TIFIA Lender to make a loan to the City in the principal amount of not to exceed $27,000,000 to provide long term financing for a portion of the costs of the Project. The TIFIA Lender has approved the City’s application and the City has been provided with a form of a loan agreement with the TIFIA Lender (the “Loan Agreement) and therein a form of limited tax general obligation bond (the “TIFIA Bond”) to evidence the indebtedness thereunder to be executed in the amount of not to exceed $27,000,000. Upon adoption of the Ordinance and approval and execution of Loan Agreement by the TIFIA Lender, the City shall receive the benefit of the TIFIA loan subject to the terms and conditions of the Loan Agreement attached to the Bond Ordinance. Both the Bond Ordinance and Loan Agreement has been reviewed by the City’s Bond Counsel and City Attorney. City staff, legal counsel and the TIFIA Lender have approved the attached Bond Ordinance and Loan Agreement’s final form for approval of the City Council. Approval of the Bond Ordinance approves the Loan Agreement attached thereto. City staff shall provide a presentation discussing specific loan terms of the Loan Agreement. FINDINGS/CONCLUSIONS: The Bond Ordinance and attached Loan Agreement is acceptable to the City of Mount Vernon, WA. Adoption of the proposed Bond Ordinance is within the best interests of the City of Mount Vernon, WA. RECOMMENDATION: Approval ATTACHED: Bond Ordinance plus Attachments  NEW BUSINESS ITEM: F DATE: April 24, 2024 TO: Mayor Donovan and City Council FROM: Chris Phillips – Public Works Director SUBJECT: HKP MOUNT VERNON LIBRARY COMMONS ARCHITECTURAL DESIGN CHANGE ORDER RECOMMENDED ACTION: City Staff recommends City Council authorize the Mayor to extend the agreement with HKP for MVLC Architectural Design services not to exceed the amount of $231,760.75. Currently the city is maintaining costs within the projects allotted contingency funding. INTRODUCTION/BACKGROUND: MVLC project completion date has been extended and city requires OAC Services continued project management services. FINDINGS/CONCLUSIONS: Estimated completion date is July/August 2024. RECOMMENDATION: City Staff recommends City Council authorize the Mayor to extend the agreement with HKP for MVLC Architectural Design services not to exceed the amount of $231,760.75. ATTACHED: Contract Extension  NEW BUSINESS ITEM: G DATE: April 24, 2024 TO: Mayor Donovan and City Council FROM: Chris Phillips – Public Works Director SUBJECT: OAC MOUNT VERNON LIBRARY COMMONS PROJECT MANAGEMENT CHANGE ORDER RECOMMENDED ACTION: City Staff recommends City Council authorize the Mayor to extend the agreement with OAC Services for MVLC Project Management services not to exceed the amount of $252,650. Currently the city is maintaining costs within the projects allotted contingency funding. INTRODUCTION/BACKGROUND: MVLC project completion date has been extended and city requires OAC Services continued project management services. FINDINGS/CONCLUSIONS: Estimated completion date is July/August 2024. RECOMMENDATION: City Staff recommends City Council authorize the Mayor to extend the agreement with OAC Services for MVLC Project Management services not to exceed the amount of $252,650. ATTACHED: Contract Extension  NEW BUSINESS ITEM: H DATE: April 24, 2024 TO: Mayor Donovan and City Council FROM: Dean Gilbert – Senior Engineering Technician SUBJECT: BID AWARD: 2024 CURB RAMP IMPROVEMENTS – 2024 - ITB - 007 INTRODUCTION/BACKGROUND: The project includes sidewalk repair and replacement of ADA ramps primarily associated with the 2024 Paving Program. The 2024 Paving program street segments associated with curb ramp improvements are as follows: • S. 15th Street (Broadway to Division) • Martin Road (College Way to McLaughlin Road) • Kincaid Street (2nd to 3rd), 2nd Street (Kincaid to Broadway), Broadway (2nd to 3rd), 3rd Street (Broadway to Kincaid) There are a total of 17 corners that will receive ADA upgrades. FINDINGS/CONCLUSIONS: Eight bids were received on April 16, 2024, ranging in price from $404,823.40 to $517,556.20, with the low bid provided by Trico Companies, LLC. The bid provided by Trico Companies was found to be responsive and prepared in accordance with the contract documents. The estimated construction cost for the project was $501,989.53. RECOMMENDATION: Staff recommends Council award the construction bid for the2024 Curb Ramp Improvement project to Trico Companies, LLC, in the amount of $404,823.40. ATTACHED: Bid Tabulation Vicinity Map  NEW BUSINESS ITEM: I DATE: April 24, 2024 TO: Mayor Donovan and City Council FROM: Blaine Chesterfield, Public Works, Engineering Manager SUBJECT: APPROVAL OF TOWER LEASE AGREEMENT WITH NEW CINGULAR WIRELESS PCS, L.L.C. RECOMMENDED ACTION: Requesting the City Council, by motion, authorize the Mayor to enter into a Tower Lease Agreement with New Cingular Wireless PCS, L.L.C. INTRODUCTION/BACKGROUND: This is an existing tower lease located at 3000 Little Mountain Road within the communication tower compound on Little Mountain Park property. City staff participated in the renegotiation of the terms for this existing tower lease attached hereto. The lease terms include: 1. Base rental payments begin at $35k annually. 2. The term is ten years with an additional five-year option. 3. Rents shall increase 3.5% annually through the lease term. 4. Payment of $3,500 administrative fee for costs associated with any future modification requests. 5. Insurance and indemnification as set forth in the lease. 6. Performance Bond to secure payment of rents due and faithful performance of the Agreement. 7. Two working days advanced notice to the City 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 Tower Lease Agreement with New Cingular Wireless PCS, L.L.C. ATTACHED: • Proposed Lease Agreement  NEW BUSINESS ITEM: J DATE: April 24, 2024 TO: Mayor Donovan and City Council FROM: Mary Thomas, IT Director SUBJECT: RESOLUTION TO APPROVE ELECTRONIC RECORDS POLICY RECOMMENDED ACTION: Resolution to approve the City’s Electronic Records Policy and Backup and Recovery Policy INTRODUCTION/BACKGROUND: The Information Technology Department with the review of the legal department has created a citywide Electronic Records Policy that includes records definitions, management, retention, and disposal. FINDINGS/CONCLUSIONS: Click here to enter text. RECOMMENDATION Approve the Resolution enacting the Electronic Records Policy ATTACHED: Electronic Records Policy Backup and Recovery Policy  NEW BUSINESS ITEM: K DATE: April 24, 2024 TO: Mayor Donovan and City Council FROM: Mary Thomas, IT Director SUBJECT: RESOLUTION TO APPROVE ELECTRONIC SIGNATURE POLICY RECOMMENDED ACTION: Resolution to approve the City’s Electronic Signature Policy INTRODUCTION/BACKGROUND: The Information Technology Department with the review of the legal department has created a citywide Electronic Signature Policy FINDINGS/CONCLUSIONS: Click here to enter text. RECOMMENDATION Approve the Resolution enacting the Electronic Signature Policy ATTACHED: Electronic Signature Policy