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City Council

Regular Meeting

Mount Vernon, WA · June 26, 2013

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Minutes

Mount Vernon City Council Regular Meeting Minutes June 26, 2013 The meeting was called to order by Mayor Pro-Tem Lindquist at 7:00 p.m. Present: Councilmembers Fiedler, Hulst, Lindquist, Molenaar, Quam, Ragan and Urban Absent: Mayor Boudreau (excused) Staff Present: Public Works Director Bell, Police Chief Dodd, Community and Economic Development Department Director Hanson, Fire Chief Hari, Finance Director Huschka, City Planner Lowell, City Attorney Rogerson, Special Projects Administrator Stendal Citizens Present: 6 CONSENT AGENDA A. Approval of June 5, 2013 Study Session minutes and June 12, 2013 Regular Council meeting minutes. Councilmember Urban moved to approve the June 5, 2013 Study Session minutes and June 12, 2013 Regular Council meeting minutes. Motion seconded by Councilmember Hulst. Motion carried 7-0. B. Approval of the June 15, 2013 payroll checks numbered 101654 - 101709, direct deposit checks numbered 41735 - 41928, and wire transfers numbered 427 and 428 in the amount of $674,260.35. Councilmember Hulst moved to approve June 15, 2013 payroll checks numbered 101654 - 101709, direct deposit checks numbered 41735 - 41928, and wire transfers numbered 427 and 428 in the amount of $674,260.35. Motion seconded by Councilmember Quam. Motion carried 7-0. C. Approval of June 26, 2013 claims numbered 130432 - 130595 in the amount of $628,482.85. Councilmember Quam moved to approve the June 26, 2013 claims numbered 130432 - 130595 in the amount of $628,482.85. Motion seconded by Councilmember Molenaar. Motion carried 7-0. REPORTS A. Finance Committee – for details see Committee minutes. B. Community and Economic Development Committee Report – for details see Committee minutes. Mount Vernon City Council June 26, 2013 Page 2 of 4 C. Community Comments:  Scott Correa, came before Council to share his opinion on the Washington State Department of Transportation for their handling of the recent I-5 bridge collapse. D. Councilmember Comments: Councilmember Fiedler commented on the Arts Commission’s recent Summer Solstice event. E. Mayor’s Report  Mayor Boudreau is at the AWC summer conference where she will accept a community engagement award. This recognizes the Mayor’s Wellness Challenge as an exemplary method for engaging citizens. F. Committee Agenda Requests: Councilmember Urban requested a review of the PUD ordinance at the next Community and Economic Development Committee. NEW BUSINESS A. Street Closure Request: Mr. Stendal presented a request for Council to authorize the closure of 1st Street from the south side of Montgomery Street to Kincaid Street and Pine, Myrtle and Gates Streets from Main to 2nd Street beginning at 6:00 am on Saturday, July 27, 102 and continuing until 6:00 p. for the annual Bite of Skagit. This is a fund raising event for Skagit County Food Banks. Councilmember Fiedler moved to authorize the closure of the above outlined streets for the Bite of Skagit July 27, 2013. Motion seconded by Councilmember Quam. Motion carried 7-0. B. Proposed Amendments to the Neighborhood Commercial Zone (C-4) Codified in Chapter 17.54 of Mount Vernon Municipal Code: Ms. Lowell presented Council with a request for amendments to Chapter 17.54 of the Mount Vernon Municipal Code regarding Neighborhood Commercial Zone (C-4). This is a continuation of the public hearing process on this question from the June 12, 2013 City Council Session. Councilmember Urban had several suggested changes to wording of the document. Councilmember Fiedler moved to approve Ordinance 3606 amending Mount Vernon Municipal Code Chapter 17.54, Neighborhood Commercial Zone with changes that were proposed. Motion seconded by Councilmember Hulst. Motion carried 7-0. C. Proposed Amendments to the Land Use Element of the Comprehensive Plan: Ms. Lowell presented Council with information regarding the proposed changes that are needed to conform to the changes initiated by Ordinance 3606. Mayor Pro-Tem Lindquist opened the public hearing. There being no comment Mayor Pro-Tem Lindquist closed the public hearing. Councilmember Urban moved to approve Ordinance 3607 amending Land Use Elements of the Comprehensive Plan. Motion seconded by Councilmember Hulst. Motion carried 7-0. Mount Vernon City Council June 26, 2013 Page 3 of 4 D. Moratorium on Marijuana Production, Processing, Retailing. Medical Marijuana Collective Gardens and Declaring Emergency: Mr. Rogerson presented Council with a request that an interim ordinance be adopted prohibiting the production, processing, retailing and collective medical marijuana gardens until the State of Washington adopts licensing regulations and inconsistencies and conflicts between federal and state law are resolved. Mayor Pro-Temp Lindquist opened the public hearing. There being no comment Mayor Pro-Temp Lindquist closed the public hearing Councilmember Ragan moved to approve Ordinance 3608 establishing a six month moratorium on collective gardens, production, processing, and retailing of marijuana. Motion seconded by Councilmember Hulst. Motion carried 7-0. E. Interlocal Agreement with Skagit County: Mr. Bell presented Council with a request to authorize the Mayor to enter into an interlocal agreement with Skagit County for the utilization of County chip sealing services and other general road maintenance activities. Councilmember Quam moved to authorize the Mayor to enter into an interlocal agreement with Skagit County for road maintenance activities. Motion seconded by Councilmember Molenaar. Motion carried 7-0. F. Out of State Travel Request: Chief Dodd presented Council with a request for authorization for Records Manager Haigh to travel to the Spillman Technologies annual Users conference in Salt Lake City, Utah from September 15-19, 2013. Councilmember Hulst moved to authorize the out of state travel request. Motion seconded by Councilmember Urban. Motion carried 7-0. G. Fire Works Stand: Chief Hari presented Council with information regarding three retail firework stand applications that were received for the sale of fireworks from June 28, 2013 through July 4, 2013. The stands will be located in the Haggen, Safeway, and Wal-Mart parking lots. Councilmember Urban moved to authorize the three firework stand applications for 2013. Motion seconded by Councilmember Fiedler. Motion carried 7-0. H. Fireworks Display at Edgewater Park: Chief Hari requested Council approval for a fireworks display at Edgewater Park on July 4, 2013 at approximately 10:00 p.m. This display is a public viewing display which occurs every year and this year the display will be put on by Western Display Fireworks and City fees be waived. Councilmember Fiedler moved to approve the 2013 July 4th fireworks display at Edgewater Park. Motion seconded by Councilmember Urban. Motion carried 7-0. I. Lease Agreement with Swinomish Indian Tribal Community: Chief Hari presented Council with a request for the Mayor to be authorized to enter into an agreement with the Swinomish Indian Tribal community to install public safety communications equipment at 3000 Little Mountain Road. The City owns a communications tower at this site and leases spaces to multiple agencies. The Tribal Community is proposing that they build an ice bridge attached to the eastern tower. The bridge will carry the coaxial cable from the public safety building Mount Vernon City Council June 26, 2013 Page 4 of 4 to the tower. In recognition of the cost of this construction rent will be waived for the period of ten years from the effective date of the lease. After ten years the rent shall be $2,000 per year. Councilmember Urban moved to authorize the Mayor to enter into an agreement with the Swinomish Indian Tribal Community. Motion seconded by Councilmember Quam. Motion carried 7-0. J. Surplus Fire Hose: Chief Hari presented Council with a request to declare fire hose purchased between 1985 and 1987 surplus to the City’s needs as they don’t comply with current regulations. Western Truck Exchange in Stanwood wishes to purchase this hose for $1,000. Councilmember Hulst moved to approve Resolution 860 declaring fire hose surplus and authorizing its sale to Western Truck Exchange. Motion seconded by Councilmember Ragan. Motion carried 7-0. K. Intergovernmental Agreement with Washington Military Department: Chief Hari presented Council with a request for authorization for the Mayor to enter into an agreement with Washington State Military Department for reimbursement of expenses if City resources are deployed out of state. Councilmember Quam moved to authorize the Mayor to enter into an agreement with Washington State Military Department for reimbursement of authorized resources. Motion seconded by Councilmember Fiedler. Motion carried 7-0. The meeting was adjourned into executive session at 8:20 p.m. and estimated last 15 minutes. L. Executive Session: Pending or Potential Litigation and Potential Property Acquisition. There being no further business the meeting was adjourned at 8:45 p.m. SUBMITTED BY: ______________________________________________ Rebecca J. Wade, Recording Secretary ATTEST: ______________________________________________ Alicia D. Huschka, Finance Director APPROVE: ______________________________________________ Joe Lindquist, Mayor Pro-tem

Agenda

CITY OF MOUNT VERNON CITY COUNCIL MEETING AGENDA June 26, 2013 7:00 p.m. (Police Court Campus) I. OPENING CEREMONIES A. Call to Order B. Pledge of Allegiance C. Roll Call of Councilmembers II. CONSENT AGENDA (yellow paper) A. Approval of June 5, 2012 Study Session Minutes and June 12, 2013 Regular Council Meeting Minutes B. Approval of June 15, 2013 payroll checks numbered 101654 – 101709, direct deposit checks numbered 41735 – 41928, and wire transfers numbered 427 & 428 in the amount of $674,260.35 C. Approval of June 26, 2013 claims numbered 130432 – 130595 in the amount of $628,482.85. III. REPORTS (green paper) A. Committees 1. Finance 2. Community and Economic Development B. Community Comments C. Councilmember Comments D. Mayor’s Report E. Committee Agenda Requests IV. UNFINISHED BUSINESS (blue paper) None V. NEW BUSINESS (white paper) A. Street Closure Request – Bite of Skagit (This is a request from the North Coast Credit Union {on behalf of Skagit Food Share Alliance and Skagit County Community Action Agency} that Council move to close 1st Street, from the south side of Montgomery Street to Kincaid Street, and Pine, Myrtle and Gates Streets from Main to 2nd Street, beginning at 6:00 a.m. on Saturday, July 27, 2012 and continuing until 6:00 p.m. for the annual Bite of Skagit to benefit all Skagit County Food Banks.) (required action – motion) (staff contact – Eric Stendal) B. Continued Hearing for Proposed Amendments to the Neighborhood Commercial Zone (C-4) Codified in Chapter 17.54 of the Mount Vernon Municipal Code. (Continued hearing for proposed amendments to Mount Vernon Municipal Code Chapter 17.54 {Neighborhood Commercial}, to incorporate development regulations to better ensure neighborhood compatibility.) (required action – ordinance) (staff contact – Rebecca Lowell) C. Open Record Public Hearing for Proposed Amendments to the Land Use Element of the Comprehensive Plan (Open record public hearing for proposed amendments to the Land Use Element of the Comprehensive Plan so that this document will be consistent with code amendments that staff is concurrently requesting approval of, that involve Mount Vernon Municipal Code Chapter 17.54 {Neighborhood Commercial}.) (required action – ordinance) (staff contact – Rebecca Lowell) D. Public Hearing – Ordinance Renewing Moratorium on Marijuana Production, Processing, Retailing, Medical Marijuana Collective Gardens and Declaring Emergency (The City is facing potential applications for development of collective medical marijuana gardens, and commercial/industrial production, processing, and retailing of recreational marijuana. The ordinance establishes a moratorium to seek time to review and consider its options given the new potential negative impacts of such uses, inconsistencies, and conflicts with federal and state law, and development of state regulations regarding recreational marijuana use.) (required action – ordinance) (staff contact – Kevin Rogerson) E. Interlocal Agreement with Skagit County (Staff is requesting Council authorize the Mayor to enter into an interlocal agreement with Skagit County for the utilization of County chip sealing services and other general road maintenance activities.) (required action – motion) (staff contact – Esco Bell) F. Out of State Travel Request – Police (Staff is requesting that Council authorize the Police Records Manager to attend a Spillman Technologies Annual User Conference in Salt Lake City, Utah.) (required action – motion) (staff contact – Chief Jerry Dodd) G. Approval of Fireworks Stands (Staff is requesting that Council approve the retail firework stand applications received for the sale of fireworks from June 28, 2013 through July 4, 2013. The stand will be located at Haggen, Safeway and Walmart parking lots.) (required action – motion) (staff contact – Chief Roy Hari) H. Fireworks Display at Edgewater Park (Staff is requesting that Council approve a request for a fireworks display at Edgewater Park on July 4, 2013 at approximately 10:00 p.m. This display is a public viewing display which occurs every year and this year the display will be put on by Western Display Fireworks.) (required action – motion) (staff contact – Chief Roy Hari) I. Lease Agreement with Swinomish Indian Tribal Community (This is a request that Council authorize the Mayor to enter into a lease agreement with the Swinomish Indian Tribal Community to install public safety communication equipment at 3000 Little Mountain Road.) (required action – motion) (staff contact – Chief Roy Hari) J. Surplus Fire Hose (Staff is requesting that Council authorize the surplus of fire hose purchased between 1985 and 1987 to comply with the recent changes to NFPA 1962 recommendations that hose 25 years and older be placed out of service regardless of current test dates. Staff also requests that Council authorize the sale of the surplus hose to Western Truck Exchange in Stanwood, WA, in the amount of $1000.) (required action – resolution) (staff contact – Chief Roy Hari) K. Intergovernmental Agreement with Washington Military Department (Staff is requesting that Council authorize the Mayor to enter into an intergovernmental agreement with the Washington State Military Department to receive reimbursements for emergency management assistance compact deploys.) (required action – motion) (staff contact – Chief Roy Hari) COMMITTEE MEETINGS Finance 6:00 p.m. Next Ordinance 3606 Next Resolution 860

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