City Council

CITY OF MOUNT VERNON CITY COUNCIL MEETING AGENDA July 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 the meeting date.) 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 July 10, 2024, Regular Council Meeting minutes B. Approval of July 19, 2024 Payroll checks numbered 112617 - 112632 direct deposit checks numbered 101359 - 101634, and wire transfers numbered 1354 - 1358 in the amount of $1,621,196.74 C. Approval of July 24, 2024, Claims numbered 26615 - 26726, in the amount of $2,701,639.99 D. Approval of Agreement – Kroger Mount Vernon City Council Agenda July 24, 2024 Page 2 of 3 E. Approval of Agreement – Cara Lorenzo 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. Public Hearing – Solid Waste Rates (Council will hear comments about the proposed Solid Waste collection rates for 2024- 2028.) (required action – none) (staff contact – Chris Phillips) B. Approval of Agreement – Skagit County (Staff is requesting approval of an agreement with Skagit County for the provision of emergency medical services.) (required action – motion) (staff contact – Bryan Brice) C. Approval of Agreement – Recreation Conservation Office (RCO) (Staff is requesting approval of an agreement RCO for Phase 2 of the Parks Deferred Maintenance Grant Agreement.) (required action – motion) (staff contact – Jennifer Berner) D. Approval of Membership of the 1590 Affordable Housing Committee (Staff is requesting approval of the sectors to be represented on the 1590 Affordable Housing Committee.) (required action – motion) (staff contact – Steve Sexton) E. Approval of Resolution – 2025-2030 Six-Year Transportation Improvement Program (TIP) (Staff is requesting approval of the 2025-2030 Six-Year TIPO with Resolution 1058.) (required action – resolution) (staff contact – Frank Reinart) F. Approval of Agreement Amendment – HKP Architects, PLLC (Staff is requesting approval of amendment No. 6 to Agreement 4071 with HKP Architects, PLLC for additional design services for the Mount Vernon Library Commons Project.) (required action – motion) (staff contact – Chris Phillips) 7. EXECUTIVE SESSION 8. ADJOURNMENT Next Ordinance 3894 Next Resolution 1058  CONSENT ITEM: A City of Mount Vernon City Council Meeting Minutes July 10, 2024 Police Court Campus, 1805 Continental Place Mayor Donovan called the meeting to order at 7:00 p.m. Present Councilmembers: Beaton, Brocksmith, Carías, Hudson, Molenaar, Tercero, and Vander Stoep Staff Present: City Attorney Rogerson, Finance Director Volesky, Capital Programs Manager Reinart, Public Works Director Phillips, Library Director Huffman, and City Clerk Jensen Citizens: 6 APROVAL OF AGENDA The agenda was approved as presented. COMMUNITY COMMENTS  Ed Johnson, Mount Vernon resident, spoke about public safety and medical care. CONSENT AGENDA A. Approval of June 26, 2024, Regular Council Meeting minutes B. Approval of July 5, 2024 Payroll checks numbered 112586 –112615 direct deposit checks numbered 101088 - 101358, and wire transfers numbered 1349 - 1353 in the amount of $1,534,993.47 C. Approval of July 10, 2024, Claims numbered 26483 - 26601, in the amount of $5,868,869.59 Councilmember Hudson moved to approve Consent Agenda Items A - C. Motion seconded by Councilmember Beaton. Motion passed 7-0. Mount Vernon City Council July 10, 2024 Page 2 of 3 REPORTS A. Committees 1. Public Works and Library – see committee minutes for details B. Councilmember Comments  Councilmember Carias spoke about July 4th fireworks and a residential fire that occurred on July 5th. C. Mayor’s Report  Library Commons Project construction update  Upcoming events: Touch a Truck, July 13th beginning at 11 am at Edgewater Park, Youth Arts Festival, July 27th beginning at 11 am at Hillcrest Park, and Mayor’s Coffee Hour July 26th beginning at 10 am at The Skagit Table D. Committee Agenda Requests  none NEW BUSINESS A. Approval of Agreement – US Department of Transportation: Mr. Phillips requested approval of an agreement with US Department of Transportation for a Federal Highway Administration Charging and Fueling Infrastructure Grant for the Mount Verno Library Commons Project. Councilmember Molenaar moved to approve an agreement with US Department of Transportation for a Federal Highway Administration Charging and Fueling Infrastructure Grant in the amount of $12.5M. Grant Motion seconded by Councilmember Beaton. Motion passed 7-0. EXECUTIVE SESSION The meeting adjourned into executive session at 7:17 p.m. for a period of ten minutes to discuss with legal counsel 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. Mount Vernon City Council July 10, 2024 Page 3 of 3 ADJOURNMENT The meeting reconvened and adjourned at 7:27 p.m. Submitted by: Becky Jensen, City Clerk Approved July 24, 2024  CONSENT ITEM: D DATE: July 24, 2024 TO: Mayor Donovan and City Council FROM: Kevin Rogerson; City Attorney SUBJECT: RE: KROGER SETTLEMENT OF OPIOID CLAIMS RECOMMENDED ACTION: Approve the Settlement INTRODUCTION/BACKGROUND: Mount Vernon is a party along with a number of local governments engaged in litigation seeking to hold entities within the pharmaceutical supply chain of prescription opioids accountable for the damage they have caused to local governments. After discussion through legal counsels, Mount Vernon (along with other local governments engaged in litigation) previously agreed on a form of allocation for opioid funds which has been used as a model as to how funds will be distributed to release county and city claims in the event of settlement. Washington State and local jurisdictions have tentatively reached settlement with Kroger, which does business as QFC and Fred Meyer in Washington, payable over 11 years set forth in the Settlement Agreement. Here is a summary of the material terms: • The abatement amount is $47.5 million in over 11 years contingent on local government participation. • The settlement agreement splits the $47.5 million between the State and local governments 50/50- $23.75 million to local governments. • The sign-on deadline is August 12, 2024. • MV would receive roughly over $60k over 11 years as follows -$5,145.17 annually for 2024-2030 (depending on backstop requirements, incentives etc.) and -$6,053.14 annually for 2031-2034 The AGO has also included in its website further information which can be found in the below link. https://www.atg.wa.gov/news/news-releases/ag-ferguson-kroger-pay-475-million-washington-combat- fentanyl-epidemic FINDINGS/CONCLUSIONS: The Settlement is acceptable to the City RECOMMENDATION: Approval ATTACHED: Settlement Agreement Forms  CONSENT ITEM: E DATE: July 24, 2024 TO: Mayor Donovan and City Council FROM: Steve Sexton, Special Projects manager SUBJECT: CONTRACT RENEWAL FOR CONFLICT ATTORNEY RECOMMENDED ACTION: Council approves contract INTRODUCTION/BACKGROUND: Renewal of contract with conflict attorney Cara Lorenzo FINDINGS/CONCLUSIONS: N/A RECOMMENDATION: Council approval ATTACHED: Contract Agreement  NEW BUSINESS ITEM: A DATE: July 24, 2024 TO: Mayor Donovan and City Council FROM: Chris Phillips – Public Works Director SUBJECT: 2024-2028 SOLID WASTE RATE STUDY RECOMMENDED ACTION: No Council action required. This is the first Public Hearing on the 2024-2028 Solid Waste Rates. City Staff will return on 14 Aug 2024 to recommend City Council authorize the Mayor to implement the 2024-2028 Solid Waste Rates as stated in the accompanying Ordinance. INTRODUCTION/BACKGROUND: City Contractor, Mr. Chris Bell presented recommended changes to the 2022 Solid Waste Rate Study due to significant increase to County Transfer fees (increase of $27 per ton effective September 1, 2024), city salary schedule increases, and utility administration/material/supply increases associated with the current economic state resulting in a negative Solid Waste Utility Fund balance. FINDINGS/CONCLUSIONS: By implementing the following Solid Waste Utility rates, the Solid Waste Utility Enterprise Fund will increase its balance to $1.2M which is ~17% of its operating fund and provide approximately 3 months of operating capital in case an emergent issue arises. This is in line with the City’s General Fund balance reserves. RECOMMENDATION: No action required. ATTACHED: Draft Ordinance attached.  NEW BUSINESS ITEM: B DATE: July 24, 2024 TO: Mayor Donovan and City Council FROM: Bryan Brice, Fire Chief SUBJECT: EMERGENCY MEDICAL SERVICES SYSTEM DELIVERY AGREEMENT WITH SKAGIT COUNTY RECOMMENDED ACTION: Staff recommends that Council adopt the contract for ambulance transport services with Skagit County and authorize the Mayor to execute the contract. INTRODUCTION/BACKGROUND: Emergency Medical Services (EMS) in Skagit County are coordinated and managed through the County. As such they have responsibilities for ensuring there is delivery of emergency services to include ambulance transportation. In the past this service has been delivered by Central Valley Ambulance Authority (CVAA). Over the years of CVAA’s service being provided there has been numerous studies suggesting other models that can leverage existing resources (fire departments) to enhance the service to the public. In 2019, the delivery method shifted to the City fire department for conveying the needed advanced life support treatment, basic life support treatment and transport. Through this agreement the City of Mount Vernon will be an ambulance provider for the City of Mount Vernon and Skagit County based on a closest unit dispatch method. The City will also provide backup service to other areas of the County on an as needed basis when other providers are unavailable. The agreement establishes a set of deliverables from the City, along with processes to ensure that the highest level of service is being provided to our service area and the County as a whole. For the service the City is providing the County will utilize EMS levy funds to cover some of the costs for service. These funds are to provide the needed personnel and equipment to deliver the service. FINDINGS/CONCLUSIONS: For fiscal year 2025 the County will provide $3,612,531 in levy funds. RECOMMENDATION: Staff recommends that Council adopt the contract for services with Skagit County and authorize the Mayor to execute the contract. ATTACHED: EMS System Delivery Agreement  NEW BUSINESS ITEM: C DATE: July 24, 2024 TO: Mayor Donovan and City Council FROM: Jennifer Berner, Parks & Enrichment Services Director SUBJECT: RCO DEFERRED MAINTENANCE GRANT AGREEMENT – PHASE 2 RECOMMENDED ACTION: Staff recommends that Council make a motion to authorize the Mayor to sign the RCO Deferred Park Maintenance Grant Agreement for Phase 2 work. INTRODUCTION/BACKGROUND: The Recreation Conservation Office created a new parks maintenance grant program with the focus being deferred maintenance. The program focuses on helping communities in need address maintenance backlogs at local parks. Mount Vernon was successful in acquiring the total grant requested amount of $99,300. No matching funds are required. All Phase 1 projects that were proposed were completed - repaired the gates at Hillcrest and Bakerview parks, replaced the gazebo and small shelter roofs at Hillcrest Park, repaired the skate park ramps, and re-powder coated the picnic tables at Kiwanis Park. Phase 2 projects will include painting the restroom buildings at Hillcrest, Bakerview, and Sherman Anderson, re-striping the basketball courts at Hillcrest and 6th Street parks, painting the picnic shelters at Hillcrest Park and resurfacing the tennis court at Hillcrest Park for a total of $57,300. FINDINGS/CONCLUSIONS: None RECOMMENDATION: Staff is requesting Council to approve the Recreation Conservation Office (RCO) Deferred Maintenance Grant Agreement and authorize the Mayor to sign the agreement. ATTACHED: RCO Deferred Maintenance Grant Agreement  NEW BUSINESS ITEM: D DATE: July 24, 2024 TO: Mayor Donovan and City Council FROM: Steve Sexton, Special Projects Manager SUBJECT: 1590 FUND AFFORDABLE HOUSING COMMITTEE RECOMMENDED ACTION: Council approval of the makeup of the Affordable Housing Committee as presented. INTRODUCTION/BACKGROUND: The approved 1590 grant funding RFP includes the creation of an Affordable Housing Committee. The committee's task is to assess grant applications and presentations from applicants using a predefined scoring system and then forward their funding recommendations to the Council. To ensure diversity and manageability, the proposed sectors represented on the AHC are as follows: 1) A representative from an agency that monitors and employs data analytics to report on the overall health of our community. 2) A representative from an agency that advocates for the Latino and Farmworker Communities in Skagit County. 3) A representative from a non-profit agency that has historically received grant funding and effectively utilized it to construct affordable housing units in Skagit County. 4) A representative from an agency that shares regional resources and opportunities with non-profits within our region. 5) One City Council member chosen by the Council. FINDINGS/CONCLUSIONS: N/A RECOMMENDATION: Approval of the sectors presented as members of the 1590 Grant Affordable Housing Committee. ATTACHED: N/A  NEW BUSINESS ITEM: E DATE: July 24, 2024 TO: Mayor Donovan and City Council FROM: Frank Reinart, PE – City Engineer SUBJECT: ADOPTION OF THE 2025-2030 SIX-YEAR TRANSPORTATION IMPROVEMENT PROGRAM RECOMMENDED ACTION: Staff recommends City Council approve a proposed resolution (draft attached) adopting the 2025-2030 Six-Year Transportation Improvement Program (TIP). INTRODUCTION/BACKGROUND: The City of Mount Vernon is required by the Revised Code of Washington (RCW), per RCW 35.77.010, to prepare and adopt a six-year Transportation Improvement Program (TIP). The TIP looks forward six years, counting from the year following adoption, and lists transportation- related capital improvement projects the City identifies to accomplish transportation goals and requirements identified by strategic planning. The TIP is updated on an annual basis, to allow for changes in the project list, changes in individual project scope, and/or changes in funding opportunity. Once adopted each year, the TIP is submitted to the Skagit Council of Governance, as the regional transportation planning agency, and the Washington State Department of Transportation (WSDOT), for inclusion in regional and state transportation improvement plans, respectively. The TIP includes information location/extents, scope, relative priority, estimate of costs, and funding strategy. The funding strategy identifies revenue sources, including both existing City revenues and external grants/loans for the purpose of demonstrating the TIP is feasible. However, longer-term funding options and sources are typically not secured at the time of each TIP update. The TIP also informs the preparation of the City’s annual budget, in particular the capital improvement plan. Staff presented drafts of the 2025-2030 Six-Year TIP to City Council at the Regular Meeting on June 26, 2024 and to the Public Works Council Committee on July 10, 2024. Staff answered questions and received feedback on the draft TIP at both meetings. Additionally, a Public Hearing was held during the June 26, 2024 City Council Regular Meeting and public comments were received by City Council and staff. FINDINGS/CONCLUSIONS: Comments received from both City Council and the public during the Public Hearing on the proposed projects listed in the TIP focused upon the questions and concerns regarding the proposed Skagit River Pedestrian Bridge project (Project Number T017-02). In general, these concerns focused on the current lack of information regarding the project, the high expense estimated for the project, the length of time in which the project had been listed on previous TIPs without forward movement, and how that project represented a priority for future investment of public transportation funding. Based on discussion during the City Council Public Works Committee meeting on July 10, staff was directed to leave the Skagit River Pedestrian Bridge project on the TIP. Additionally, staff was directed to incorporate a feasibility study for the project into the 2025 Annual Budget later this year. This feasibility study will, in summary: * Develop the project concept into a pre-design, planning stage * Explore project options and alternatives * Develop a financial strategy, including legislative engagements on the federal and state levels * Engage with the public and key regional agencies and stakeholders to identify project needs and expectations, and expand supporting partnerships. Select project names were edited to provide more clarity on the type(s) of project work proposed, as well as to bring project naming into conformance with the expectations of federal and state transportations agencies that administer project funding opportunities. A final version of the 2025-2030 Six-Year TIP, along with a map of the projects, is provided with this memorandum. RECOMMENDATION: Staff recommends City Council approve a proposed resolution adopting the 2025-2030 Six-Year Transportation Improvement Program. ATTACHED: 1. Draft Resolution to Adopt the 2025-2030 Six-Year Transportation Improvement Program 2. 2025-2030 Transportation Improvement Program 3. Map of 2025-2030 TIP Projects  NEW BUSINESS ITEM: F DATE: July 24, 2024 TO: Mayor Donovan and City Council FROM: Chris Phillips – Public Works Director SUBJECT: MVLC HKP CONTRACT AMENDMENT #6 RECOMMENDED ACTION: City Staff recommends City Council authorize the Mayor to enter into contract amendment with HKP Architects, PLLC for additional services that were not included in the original Scope of Work for the Mount Vernon Library Commons Project in the amount of $145,368.98. INTRODUCTION/BACKGROUND: Additional MVLC Architectural Statement of Work services include Extended Construction Contract Administration Services; As-Built Record Documents for PUD; Structural, Electrical, and Landscape Engineering. FINDINGS/CONCLUSIONS: MVLC HKP Contract Amendment is required to coordinate and facilitate dynamic communication amongst principal contractors, sub-contractors and city staff in order to complete the project in a timely manner. RECOMMENDATION: City Staff recommends City Council authorize the Mayor to enter into contract amendment with HKP Architects, PLLC for additional services that were not included in the original Scope of Work for the Mount Vernon Library Commons Project in the amount of $145,368.98. ATTACHED: Contract attached.