City Council

Mount Vernon City Council Regular Meeting Minutes March 12, 2014 The meeting was called to order by Mayor Boudreau at 7:00 p.m. Present: Mayor Boudreau, Councilmembers Fiedler, Hulst, Lindquist, Molenaar, Quam, Ragan and Urban Staff Present: Police Lieutenant Cammock, Engineering Supervisor Chesterfield, Surfacewater Manager Chesterfield, Community and Economic Development Director Hanson, Fire Chief Hari, Finance Director Huschka, Senior Planner Lowell, City Attorney Rogerson, Parks Director Otos, Special Project Administrator Stendal Citizens Present: 11 APPROVAL OF MINUTES A. Approval of February 15, 2014 City Council retreat meeting minutes. Councilmember Lindquist moved to approve the February 15, 2014 Council Retreat meeting minutes. Motion seconded by Councilmember Hulst. Motion carried 7-0. B. Approval of February 26, 2014 City Council meeting minutes. Councilmember Ragan moved to approve the February 26, 2014 Regular Council meeting minutes. Motion seconded by Councilmember Quam. Motion carried 7-0. APPROVAL OF CLAIMS AND PAYROLL A. Approval of March 12, 2014 claims numbered 133955 - 134088 in the amount of $211,798.72. Councilmember Hulst moved to approve the March 12, 2014 claims numbered 133955 - 134088 in the amount of $211,798.72. Motion seconded by Councilmember Molenaar. Motion carried 7-0. B. Approval of February 28, 2014 payroll checks numbered 102655 - 102705, direct deposit checks numbered 45070 - 45268, and wire transfers numbered 461 and 462 in the amount of $913,424.70. Councilmember Fiedler moved to approve the February 28, 2014 payroll checks numbered 102655 - 102705, direct deposit checks numbered 45070 - 45268, and wire transfers numbered 461 and 462 in the amount of $913,424.70. Motion seconded by Councilmember Mount Vernon City Council March 12, 2014 Page 2 of 5 Lindquist. Motion carried 7-0. REPORTS A. Committee Reports:  Public Safety Committee – for details see Committee minutes.  Public Works Committee - for details see Committee minutes. B. Community Comments:  Arthur Gallegos came to speak to Council regarding issues with landlord tenant laws and mold. He requested that he be included in the review of any forthcoming ordinances regarding mold. C. Mayor’s Report  Mayor Boudreau reported on the Public Works and Parks Departments review of the street trees in the downtown corridor. Trimming and removal of problem trees will begin in the spring.  Mayor Boudreau thanked the recent sites that hosted the Coffee Hours and announced the location of the upcoming Mayor’s Coffee sites. D. Committee Agenda Requests: Councilmember Ragan asked that a report showing utility aging data be added to their Finance Committee packets. NEW BUSINESS A. Update- Skagit Valley Tulip Festival Traffic: Mr. Stendal introduced representative Kristen Garcia from the Skagit Valley Tulip Festival, and Ellen Gamson from the Downtown Mount Vernon Association, who presented an update on the Skagit Valley Tulip Festival traffic flows and parking that will impact Mount Vernon this spring. DOT has agreed to time the traffic lights to expedite the passage of vehicles through downtown across the Division Street Bridge and on to the flower fields. County employee parking lots will be made available during the month of April to accommodate parking. B. Request for Street Closure: Mr. Stendal presented a request for Council to authorize the closure of portions of 1st, Cleveland, Kincaid, Pine, Myrtle, Gates, Montgomery and Washington Streets beginning at 3:00 pm on Thursday, April 24 and continuing until 7:00 pm on Sunday, April 27 for the Annual Skagit Valley Tulip Festival Street Fair. Satellite parking areas will be utilized and a charter bus service has been engaged to help visitors attend the event. Councilmember Ragan moved to approve the outlined street closures for the Annual Skagit Valley Tulip Festival Street Fair. Motion seconded by Councilmember Lindquist. Motion carried 7-0. C. Professional Services Agreement with Land Development Engineering & Surveying, Inc.: Ms. Chesterfield presented a request for Council to authorize the Mayor to enter into a professional services agreement with Land Development Engineering & Surveying, Inc. for engineering plan review services based on workload and targeted goals for plan review turn-around timelines. Mount Vernon City Council March 12, 2014 Page 3 of 5 Councilmember Lindquist moved to authorize the Mayor to enter into an agreement with Land Development Engineering & Surveying, Inc. Motion seconded by Councilmember Fiedler. Motion carried 6-1 (Councilmember Ragan opposed). D. Open Record Public Hearing – Regulation of Medical and Recreational Marijuana.: Ms. Lowell presented a proposed ordinance that will amend the Mount Vernon Municipal Code Chapters 5.04 (Business Licenses), 8.08 (Nuisances), 17.06 (Definitions), 17.12 (Residential-Agricultural District), 17.30 (Public District), 17.56 (Commercial-Limited Industrial Zone) and 17.96 (Home Occupation Permits) all relating to the City’s regulation of medical and recreational marijuana and also repealing the moratorium on collective gardens and dispensaries. Mayor Boudreau opened the open record public hearing.  Oscar Cowik, Mount Vernon, came before Council to voice his opposition to this ordinance and shared items that he feels represent reasons for not allowing the use of marijuana within the City.  Don Horowitz, Mount Vernon, came before Council to protest the passage of the proposed ordinance.  Richard Boyer, Mount Vernon, urged Council to continue the moratorium on marijuana and not pass this ordinance.  Susie Wilson, Mount Vernon, supports the methodology of controlling the locations and of possible marijuana facilities.  Tim Walsh, Mount Vernon, supports this ordinance as it provides for a safe and responsible process for locating the marijuana facilities within City limits.  Nate Loving, Burlington, has applied for a license and would like to assure Council he plans on having a safe and law abiding business.  Will Flint, Mount Vernon, came forward to express his concern about the legal sales of marijuana within City limits. There being no further comments May Boudreau closed the public hearing. Council addressed questions to staff regarding the divergence between federal and state law. Mr. Rogerson indicated that the US attorney’s office addressed this issue and affirmatively provided a scheme whereby the license and zoning could accommodate this activity. Councilmember Molenaar moved to approve Ordinance 3627 amending the Mount Vernon Municipal Code as outlined. Motion seconded by Councilmember Lindquist. Motion carried 4-3 (Councilmembers Hulst, Quam and Ragan opposed). E. 2014 Comprehensive Plan Docket: Ms. Hanson presented Council with a request for approval of requested amendments to be considered during the 2014 amendment cycle. The docketing process merely allows staff to begin their study of the applications submitted. Mayor Boudreau opened the public hearing. There being no comments the hearing was closed. Mount Vernon City Council March 12, 2014 Page 4 of 5 Councilmember Fiedler moved to approve Resolution 870. Motion seconded by Councilmember Lindquist. Motion carried 7-0. F. Interlocal Agreement for Fire Marshal Services: Chief Hari presented Council with a request to authorize the Mayor to enter into an interlocal agreement with the City of Anacortes for Fire Marshal Services. Councilmember Urban asked for a periodic update on how this cooperative agreement is working. Councilmember Quam moved to authorize the Mayor to enter into an interlocal agreement with City of Anacortes for Fire Marshal Services. Motion seconded by Councilmember Molenaar. Motion carried 7-0. G. Amendment #2 to Interlocal Cooperative Agreement with Skagit County for Vactor and Sweeper Waste Disposal: Mr. Chesterfield presented Council with a proposed amendment of an agreement with Skagit County for vactor and sweeper waste disposal setting the amount that will be remitted for that service at $35,000. Councilmember Hulst moved to authorize the Mayor to execute an amendment to an agreement with Skagit County for Sweeper and Vactor waste disposal. Motion seconded by Councilmember Fiedler. Motion carried 7-0. H. Amendment to the Jail Facility Use Agreement: Mr. Rogerson presented Council with a request for authorization for the Mayor to enter into an amendment to the Jail Facility Use agreement establishing the payment of collected sales tax to Skagit County and incentives for the City to utilize jail outsourcing options. Councilmember Lindquist moved to authorize the Mayor to execute an amendment to an agreement with Skagit County and the Cities of Mount Vernon, Anacortes, Burlington and Sedro-Woolley regarding Jail Facility Use. Motion seconded by Councilmember Ragan. Motion carried 7-0. The meeting was adjourned into executive session at 8:29 p.m. and estimated to last 30 minutes. I. Executive Session: Enforcement Action, Pending or Potential Litigation, Real Estate Acquisition. The meeting was reconvened at 9:00 pm. There being no further business the meeting was adjourned at 9:00 pm. SUBMITTED BY: ______________________________________________ Rebecca J. Wade, Recording Secretary Mount Vernon City Council March 12, 2014 Page 5 of 5 ATTEST: ______________________________________________ Alicia D. Huschka, Finance Director APPROVE: ______________________________________________ Jill Boudreau, Mayor