City Council

CITY OF MOUNT VERNON CITY COUNCIL MEETING AGENDA August 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 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 August 14, 2024, Regular Council Meeting minutes B. Approval of August 20, 2024 Payroll checks numbered 112656 – 112671 direct deposit checks numbered 101916 - 102195, and wire transfers numbered 1364 - 1368 in the amount of $1,617,407.62 C. Approval of August 28, 2024, Claims numbered 26740 - 27025 in the amount of $3,624,336.85 D. Approval of Agreement – Reichardt & Ebe Engineering, Inc. E. Approval of Agreement – Skagit County Mount Vernon City Council Agenda August 28, 2024 Page 2 of 3 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 Gleaners (Skagit Gleaners representative Morgan Curry will provide an update of their recently completed 2023 Community Development Block Grant Project.) (required action – none) (staff contact – Steve Sexton) B. Approval of Agreement Amendment – David Evans & Associates. (Staff is requesting approval of an amendment of agreement 4525 with David Evans & Associates for the Carpenter Creek/Hickox Road Culvert Replacement Project.) (required action – motion) (staff contact – Frank Reinart) 7. EXECUTIVE SESSION 8. ADJOURNMENT Next Ordinance 3896 Next Resolution 1059  CONSENT ITEM: D DATE: August 28, 2024 TO: Mayor Donovan and City Council FROM: Kevin Rogerson; City Attorney SUBJECT: RE: SETTLEMENT AND RELEASE AGREEMENT RECOMMENDED ACTION: Approve the Settlement INTRODUCTION/BACKGROUND: Mount Vernon was involved in an underlying lawsuit with Reichardt & Ebe Engineering, Inc., for failure to indemnify and defend the City as required in their services agreement due to a dispute that arose in regards to the City’s Downtown Mount Vernon Flood Protection and Revitalization Project, Skagit County Superior Court, Cause No. 23-2-00417-29, as well as related lawsuits, including without limitation Skagit County Superior Court Case No. 21-2-00131-29 (Sewer Lawsuit). To avoid the cost and uncertainty of additional litigation the parties have agreed to resolve and release their claims with prejudice including the City’s claims against, Reichardt & Ebe’s Insurer and Reichardt & Ebe Engineering, Inc. personally in exchange for payment of the sum to the City set forth in the settlement agreement. FINDINGS/CONCLUSIONS: The Settlement is acceptable to the City RECOMMENDATION: Approval ATTACHED: Settlement Agreement  CONSENT ITEM: E DATE: August 28, 2024 TO: Mayor Donovan and City Council FROM: Steve Sexton, Special Projects Manager SUBJECT: INTERLOCAL AGREEMENT BETWEEN SKAGIT COUNTY AND MOUNT VERNON FOR LINCOLN THEATRE KEEP COOL CAMPAIGN. RECOMMENDED ACTION: Motion to Approve INTRODUCTION/BACKGROUND: Skagit County has awarded to the City of Mount Vernon up to $250,000 to support the Lincoln Theatre “Keep Cool Campaign”. Following the pre-established process, the City will receive county funds and re- imburse the Lincoln Theatre Foundation for the work performed as outlined in Exhibit A of the Funding Application. FINDINGS/CONCLUSIONS: None RECOMMENDATION: Motion to Approve ATTACHED: .09 Funding Agreement  NEW BUSINESS ITEM: A DATE: August 28, 2024 TO: Mayor Donovan and City Council FROM: Steve Sexton, Special Projects Manager SUBJECT: SKAGIT GLEANERS CDBG PROJECT PRESENTATION RECOMMENDED ACTION: None INTRODUCTION/BACKGROUND: Morgan Curry from Skagit Gleaners will update the Council on the 2023 CDBG project they recently completed, and the benefits it provides to their organization. FINDINGS/CONCLUSIONS: None RECOMMENDATION: None ATTACHED: None  NEW BUSINESS ITEM: B DATE: August 28, 2024 TO: Mayor Donovan and City Council FROM: Frank Reinart, PE – City Engineer SUBJECT: CARPENTER CREEK/HICKOX ROAD FISH PASSAGE IMPROVEMENT PROJECT: CONTRACT AMENDMENT NO. 1 FOR ADDITIONAL DESIGN AND ENGINEERING SERVICES WITH DAVID EVANS AND ASSOCIATES, INC. RECOMMENDED ACTION: Staff recommends amending the Professional Services Agreement with David Evans and Associates, Inc. (David Evans) for additional engineering and design services for the Carpenter Creek/Hickox Road Fish Passage Improvement Project. INTRODUCTION/BACKGROUND: David Evans is providing civil engineering design and environmental permitting support for a fish barrier culvert replacement project located along Carpenter Creek where the creek flows under Hickox Road. The goal of the project will be to replace the existing corrugated metal culvert with an appropriately- sized, fish-passable, concrete box culvert at the same location. The currently-authorized scope of services for the professional services agreement with David Evans only authorizes them to complete a preliminary design scope to a 30 percent design milestone and develop draft environmental permitting studies and documentation. The City executed a professional services agreement with David Evans for this scope on February 22, 2024, with a not-to-exceed contract sum of $188,446. Authorization to proceed with the remaining scope to complete the design and environmental permitting for the project is on hold until additional grant funding from the Washington State Brian Abbot Fish Barrier Removal Board is available and/or other grant opportunities can be secured to support local Stormwater Utility funding for the project. FINDINGS/CONCLUSIONS: While performed the surveying work under Task 2.0 of the project, additional labor costs and direct expenses were incurred by David Evans and their project team in order to coordinate surveying field work with the adjacent Silver Arrow Bowman archery range property owner and to provide a on-site “spotter” between the range and the area surveyed. These measures maintained surveyor crew safety during the field work. The David Evans project team also incurred additional direct labor costs associated with additional meeting time at the request of the Washington State Department of Fish and Wildlife to discuss stream impacts and mitigation for the draft critical areas study under Task 4.0. These additional expenses were partially offset by savings in other work scope tasks for the currently- authorized work. The anticipated agreement amendment to authorize David Evans to proceed with the remainder of the design project remains unscheduled, pending approval of additional grant funds by the Brian Abbot Fish Barrier Removal Board. Consequently, a contract amendment is proposed to address the additional expenses that could not be offset under the current scope. RECOMMENDATION: Motion to authorize the Mayor to execute a contract amendment with David Evans & Associates, Inc., for additional engineering design and environmental permitting support services on Carpenter Creek/Hickox Road Fish Passage Improvement Project. The new amount not to exceed is $190,446. ATTACHED: 1. Professional Services Agreement Amendment No. 1