City Council

CITY OF MOUNT VERNON CITY COUNCIL MEETING AGENDA Tuesday, November 24, 2020 6:00 p.m. (Virtual Meeting) The Mount Vernon City Councilmembers will be participating in this meeting via video/teleconference technology. To virtually attend the meeting, the public may: 1. Call the conference line: 1-888-924-9240; Access Code: 3366211 (please ‘mute’ your phone, if possible, to minimize distractions) 2. Watch the meeting live on TV10: Comcast/Xfinity Channel 10 3. Watch the meeting live, online: https://www.youtube.com/channel/UCUob_hcQUmd4S93YkletdrA I. OPENING CEREMONIES A. Call to Order B. Pledge of Allegiance C. Roll Call of Councilmembers II. CONSENT AGENDA A. Approval of October 28, 2020 Regular Council Meeting Minutes B. Approval of November 4, 2020 Study Session Minutes C. Approval of November 12, 2020 Regular Council Meeting Minutes D. Approval of November 20, 2020 payroll checks numbered 110376 - 110396, direct deposit checks numbered 79585 – 79802 and wire transfers numbered 916 – 920 in the amount of $1,151,582.00 E. Approval of November 24, 2020 Claims numbered 11348 - 11508 in the amount of $1,051,723.86 III. REPORTS A. Review of Emails from the Public (All public comments must be sent via email to council@mountvernonwa.gov. The comments will be read aloud into the record during the public comment portion of the agenda. All comments must be received by 4 p.m. on Tuesday, November 24, 2020) B. Department Updates  Development Services o Residential & Commercial Project Update o Temporary Homeless Encampments – Safe Parking & Emergency Weather Shelters  Parks and Enrichment Services o Holiday Decorations Installed o Winterizing of Parks and Facilities o Updating of Policies and Procedures  Admin Update o Gary Owens C. Councilmember Comments D. Mayor’s Report E. Council/Committee Agenda Requests Mount Vernon City Council Agenda November 24, 2020 page 2 III. NEW BUSINESS A. Appointment to Mount Vernon Planning Commission (Staff is requesting that Council approve the reappointment of Christian Carlson to the Mount Vernon Planning Commission.) (required action – motion) (staff contact – Chris Phillips) B. Public Hearing – Continuation of Interim Regulations for Severe Weather Shelters (This is a public hearing to allow testimony regarding the previous adoption of interim regulations allowing severe weather shelters to house the homeless. State law requires a public hearing within 60- days following the adoption of interim regulations. Council approved the interim regulations in September under Ordinance 3811. The ordinance Council will be asked to adopt allows the previously adopted interim regulations to remain in place until permanent regulations are adopted Council. Those wishing to participate in this hearing must contact the Development Services Department at 360-336- 6214 or by email at permittech@mountvernonwa.gov no later than 4 p.m. on Tuesday, November 24, 2020.) (required action – ordinance) (staff contact – Rebecca Lowell) C. Public Hearing – Continuation of Interim Regulations for Safe Parking Facilities (This is a public hearing to allow testimony regarding the previous adoption of interim regulations to allow safe parking facilities for the homeless. State law requires a public hearing wthin 60-days following the adotion of interim regulations. Council approved the interim regulations in September under Ordinance 3812. The ordinance Council will be asked to adopt allows the previously adopted interim regulations to remain in place until permanent regulations are adopted by Council. Those wishing to participate in this hearing must contact the Development Services Department at 360-336- 6214 or by email at permittech@mountvernonwa.gov no later than 4 p.m. on Tuesday, November 24, 2020.) (required action – ordinance) (staff contact – Rebecca Lowell) D. Approval of Collective Bargaining Agreement – IAFF Firefighters and IAFF Battalion Chiefs (Staff is requesting that Council authorize the Mayor to sign the January 1, 2020 through December 31, 2020 Collective Bargaining Agreements with the IAFF Firefighters and the IAFF Battalion Chiefs.) (required action – motion) (staff contact – Erin Keator) E. Skagit Multiple Agency Response Team Interlocal Agreement (Staff is requesting that Council authorize the Mayor to enter into a modified 2019 SMART agreement that includes the addition of requirements to be in compliance with changes in state law {WAC-139-12 Independent Shooting Investigations} and other minor modifications.) (required action – motion) (staff contact – Chief Chris Cammock) F. Renewal of Interlocal Agreement with Skagit County (Staff is requesting that Council authorize the Mayor to enter into a renewal agreement with Skagit County for the law enforcement embedded social worker.) (required action – motion) (staff contact – Chief Chris Cammock) G. For the Good of the Order:  COVID-19 pandemic response and discussion COMMITTEE MEETINGS Finance and Parks & Enrichment Services Cancelled Next Ordinance 3818 Next Resolution 985  AGENDA ITEM: A DATE: November 24, 2020 TO: Mayor Boudreau and City Council FROM: Chris Phillips, Development Services Director SUBJECT: PLANNING COMMISSION RE-APPOINTMENT FOR MR. CHRISTIAN CARLSON RECOMMENDED ACTION: City Staff recommends City Council approve the Planning Commission Re-Appointment of Christian Carlson to the Planning Commission. INTRODUCTION/BACKGROUND: Christian Carlson has dutifully served as a Planning Commissioner for 4 years and desires to continue to serve in this capacity for another 4 year term. FINDINGS/CONCLUSIONS: N/A RECOMMENDATION: City Staff recommends City Council approve the Re-appointment of Christian Carlson to the Planning Commission for another 4 year term.. ATTACHED: N/A.  AGENDA ITEM: B DATE: November 24, 2020 TO: Mayor Boudreau and City Council FROM: Rebecca Lowell SUBJECT: PUBLIC HEARING, Continuation of Regulations for Severe Weather Shelters RECOMMENDED ACTION: Council adopt the accompanying Ordinance to continue allowing severe weather shelters for the homeless. INTRODUCTION/BACKGROUND: In 2019 Council adopted three different Ordinances authorizing, with conditions, severe weather shelters (Ordinances 3780, 3783, and 3794). Unfortunately, due to the COVID-19 pandemic, the timelines that allowed these regulations to be effective expired. To allow these regulations to be in effect a new Ordinance 3811 (attached) was adopted by Council in September of 2020. Adoption of Ordinance 3811 necessitates a public hearing be held within 60-days of its adoption and tonight this hearing is being held. FINDINGS/CONCLUSIONS: Staff finds it necessary to have these regulations in place to allow severe weather shelters for the homeless when needed. RECOMMENDATION: Council adoption of the accompanying Ordinance to allow severe weather shelters to continue until permanent regulations can be adopted. ATTACHED: Proposed Ordinance Ordinance 3811  ORDINANCE NO. AN ORDINANCE OF THE CITY OF MOUNT VERNON, WASHINGTON, RATIFYING, RENEWING, CONFIRMING, AND CONTINUING INTERIM LAND USE REGULATIONS PREVIOUSLY ADOPTED BY COUNCIL THROUGH ORDINANCE 3811 PURSUANT TO RCW 35A.63.220 AND RCW 36.70A.390; RELATING TO SEVERE WEATHER SHELTERS; ADOPTING FINDINGS OF FACT JUSTIFYING ITS ACTION; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, RCW 35A.63.220 and RCS 36.70A.390 authorizes the City of Mount Vernon to enact interim regulations while new plans or regulations are considered and prepared and to hold a public hearing on such regulations within 60 days of its adoption; and WHEREAS, pursuant to the Growth Management Act (GMA), Chapter 36.70A RCW, the City Council has adopted the City of Mount Vernon Comprehensive Plan and Title 17 MVMC, the City of Mount Vernon Zoning Code, for the areas within the City of Mount Vernon’s Urban Growth Area; and WHEREAS, the GMA pursuant to RCW 36.70A.390 provides that the City Council may adopt an interim zoning ordinance and interim official control in addition to authorization under RCW 35A.63.220; and WHEREAS, on September 28, 2020 at a regularly scheduled City Council meeting, the City Council declared an emergency and adopted an immediate interim regulations by unanimous passage of Ordinance 3811 regulating severe weather shelters and development permits thereto, or any land use activity or licensing involving severe weather shelters providing for permitting regulations and siting for such uses adopting findings of fact and directing that City staff schedule the necessary public hearings as required by law within 60 days of the commencement of the ordinance; and WHEREAS, Pursuant to RCW 36.70A.390 and/or RCW 35A.63.220, the City Council may renew or continue the interim control placed into effect through Ordinance 3811 for one or more six-month periods or one year with adoption of a work plan so long as a subsequent public hearing is held within 60 days and findings of fact are made to justify its action; and WHEREAS, public notice of the City Council’s November 24, 2020 hearing was published in the Skagit Valley Herald’s classified section on November 17, 2020; and, WHEREAS, on November 24, 2020 the City held a public hearing regarding the continuation of the interim controls established by Ordinance 3811. NOW THEREFORE THE CITY COUNCIL OF THE CITY OF MOUNT VERNON, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION 1. Findings. That the City Council adopts the recitals set forth above as additional findings of fact justifying adoption of this Ordinance and reaffirms its adoption of findings in Ordinance 3811 enacting the interim and official controls and incorporates those findings (including their recitals) as if set forth fully herein. The Council may adopt additional findings in the event that additional public hearings are held or evidence presented to the City Council. The City Council makes the following additional findings in support of the adoption of this Ordinance and Ordinance 3811: Ordinance Page 1 of 3 1. RCW 35A.63.220 and RCW 36.70A.390 authorize cities to adopt interim zoning and interim official controls to preserve the public safety, health, welfare, economic vitality and continued economic growth of the City while new plans and regulations are considered and prepared and to hold a public hearing within 60 days of the commencement of the interim zoning and interim official controls. The City has adopted such an emergency ordinance on September 28, 2020 by adoption of Ordinance 3811 and has held a public hearing on its continuance within 60 days on November 24, 2020 at a regularly scheduled hearing; and 2. After hearing all public testimony, reviewing staff reports, the City’s Comprehensive Plan and the legislative record in its entirety the City Council ratifies and re-adopts all findings of fact previously adopted within Ordinance 3811 in their entirety (including recitals therein) justifying that: i) an emergency exists and ii) the continuance of interim controls regulating severe weather shelters is justified until the City can fully study the issue and that permanent development regulations be adopted through the City’s normal process; and 3. That without the continuance of Ordinance 3811, there is great potential that during severe weather event persons may be forced to utilize unregulated encampments or have to make use of unsheltered camping in an unregulated manner resulting in well recognized adverse direct and secondary impacts including but not limited to negative impacts to: public health, threats to life or health of those persons without basic shelter, noise, light pollution, sanitation; traffic, crime, violence, transportation levels of service, litter, risk of fire, risk to vulnerable classes of persons such as children under the age of 18, and parking, and 4. As set forth in its findings adopted in Ordinance 3811 which are hereby incorporated in this Ordinance, the City Council affirms that pending completion of permanent development regulations pertaining to severe weather shelters and the adoption of permanent zoning and permitting regulations, that the lack of provision for emergency severe weather shelters in the City’s land use code will cause to direct, secondary, and cumulative negative impacts in the community; and 5. That an emergency exists within the City, and that continuing Ordinance 3811 is necessary for the immediate preservation of the public peace, health, safety, welfare, economic vitality and continued economic growth of the City until additional review has been completed and any necessary code revisions have been adopted by the City Council and is a legitimate exercise of the City’s police power. SECTION TWO. That the City Council hereby ratifies, continues and renews the interim controls, zoning and regulation in their entirety adopted through Ordinance 3811 and all attachments without further revisions and that such shall be effective for a six month period of time (unless renewed or extended subsequent to an additional public hearing as required by law) or when the City's comprehensive review and possible amendment/adoption of regulations have been completed repealing the interim regulations and controls, whichever is sooner. The City Council shall make this decision to terminate the interim controls and regulations by ordinance, and termination shall not otherwise be presumed to have occurred. The City shall hold all necessary public hearings and adopt new findings as required under RCW 35A.63.220 and RCW 36.70A.390 if necessary and justified to continue the imposition of Ordinance 3811 until the City’s review has been completed. SECTION THREE. This ordinance shall take effect immediately upon passage by the City Council. Ordinance Page 2 of 3 SECTION FOUR. If any section, sentence, clause, or phrase of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause, or phrase of this ordinance. PASSED AND ADOPTED by the City Council of the City of Mount Vernon at a regular meeting thereof this 24th day of November, 2020. SIGNED AND APPROVED this day of November, 2020. ______________________________ DougVolesky, Finance Director ______________________________ Jill Boudreau, Mayor Approved as to form: ___________________________________ Kevin Rogerson, City Attorney Published _________________________ Ordinance Page 3 of 3  AGENDA ITEM: C DATE: November 24, 2020 TO: Mayor Boudreau and City Council FROM: Rebecca Lowell SUBJECT: PUBLIC HEARING, Continuation of Regulations for Safe Parking Facilities RECOMMENDED ACTION: Council adopt the accompanying Ordinance to continue allowing Safe Parking Facilities for the homeless. INTRODUCTION/BACKGROUND: The City has existing regulations that allow permanent homeless shelters and temporary homeless encampments. However, the City does not have regulations that would permit the homeless to park overnight in a vehicle at a facility. Programs that allow this type of use are generally referred to as Safe Parking. In 2019 Council adopted two different Ordinances authorizing, with conditions, safe parking programs (Ordinances 3790 and 3793). Unfortunately, due to the COVID-19 pandemic, the timelines that allowed these regulations to be effective expired. To allow these regulations to be in effect a new Ordinance 3812 (attached) was adopted by Council in September of 2020. Adoption of Ordinance 3812 necessitates a public hearing be held within 60-days of its adoption and tonight this hearing is being held. FINDINGS/CONCLUSIONS: Staff finds it necessary to have these regulations in place to allow safe parking facilities. RECOMMENDATION: Council adoption of the accompanying Ordinance to allow Safe Parking Facilities to continue until permanent regulations can be adopted. ATTACHED: Proposed Ordinance Ordinance 3812  ORDINANCE NO. AN ORDINANCE OF THE CITY OF MOUNT VERNON, WASHINGTON, RATIFYING, RENEWING, CONFIRMING, AND CONTINUING INTERIM LAND USE REGULATIONS PREVIOUSLY ADOPTED BY THE CITY COUNCIL OF MOUNT VERNON, WA THROUGH ORDINANCE 3812 PURSUANT TO RCW 35A.63.220 AND RCW 36.70A.390; RELATING TO LIMITED TEMPORARY TRANSITORY ACCOMMODATIONS (OTHERWISE KNOWN AS SAFE PARKING); ADOPTING FINDINGS OF FACT JUSTIFYING ITS ACTION; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, RCW 35A.63.220 authorizes the City of Mount Vernon to enact interim regulations while new plans or regulations are considered and prepared and will not be rendered moot and to hold a public hearing on such regulations within 60 days of the commencement; and WHEREAS, pursuant to the Growth Management Act (GMA), Chapter 36.70A RCW, the City Council has adopted the City of Mount Vernon Comprehensive Plan and Title 17 MVMC, the City of Mount Vernon Zoning Code, for the areas within the City of Mount Vernon’s Urban Growth Area; and WHEREAS, the GMA pursuant to RCW 36.70A.390 provides that the City Council may adopt an interim zoning ordinance and interim official control in addition to authorization under RCW 35A.63.220; and WHEREAS, on September 28, 2020 at a regularly scheduled City Council meeting, the City Council declared an emergency and adopted immediate interim regulations by unanimous passage of Ordinance 3812 regulating limited temporary homeless encampments (otherwise known as Safe Parking) and development permits thereto, or any land use activity or licensing involving safe parking providing for regulations and siting for such uses adopting findings of fact and directing that City staff schedule public hearings as required by law within 60 days of the commencement of the ordinance; and WHEREAS, Pursuant to RCW 36.70A.390 and/or RCW 35A.63.220, the City Council may renew or continue the interim control placed into effect through Ordinance 3812 for one or more six-month periods or one year with adoption of a work plan so long as a subsequent public hearing is held within 60 days and findings of fact are made to justify its action; and WHEREAS, public notice of the City Council’s November 24, 2020 hearing was published in the Skagit Valley Herald’s classified section on November 17, 2020; and, WHEREAS, on November 24, 2020, the City held a public hearing regarding the continuation of the interim controls established by Ordinance 3812. NOW THEREFORE THE CITY COUNCIL OF THE CITY OF MOUNT VERNON, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION 1. Findings. That the City Council adopts the recitals set forth above as additional findings of fact justifying adoption of this Ordinance and reaffirms its adoption of findings in Ordinance 3812 enacting the interim and official controls and incorporates those findings (including their recitals) as if set forth fully herein. The Council may adopt additional findings in the event that additional public hearings are held or evidence presented to the City Council. The City Council makes the following additional findings in support of the adoption of this Ordinance and Ordinance 3812: Ordinance Page 1 of 3 1. RCW 35A.63.220 and RCW 36.70A.390 authorize cities to adopt interim zoning and interim official controls to preserve the public safety, health, welfare, economic vitality and continued economic growth of the City while new plans and regulations are considered and prepared and to hold a public hearing within 60 days of the commencement of the interim zoning and interim official controls. The City has adopted such an emergency ordinance on September 28, 2020 by adoption of Ordinance 3812 and held a public hearing on the day of its adoption and also a public hearing regarding its continuance within 60 days on November 24, 2020 at a regularly scheduled hearing; and 2. After hearing all public testimony, reviewing staff reports, the City’s Comprehensive Plan and the legislative record in its entirety the City Council ratifies and re-adopts all findings of fact previously adopted within Ordinance 3812 in their entirety (including recitals therein) justifying that: i) an emergency exists and ii) the continuance of interim controls regulating limited temporary homeless encampments is justified until the City can fully study the issue and that permanent development regulations be adopted through the City’s normal process; and 3. That without the continuance of Ordinance 3812, there is great potential that unregulated limited temporary homeless encampments (safe parking) and uses could be sited or allowed to operate in an unregulated manner resulting in well recognized adverse direct and secondary impacts including but not limited to negative impacts to: noise, light pollution, sanitation; traffic, crime, violence, transportation levels of service, litter, risk of fire, risk to vulnerable classes of persons such as children, and parking, and 4. As set forth in its findings adopted in Ordinance 3812 which are hereby incorporated in this Ordinance, the City Council affirms that pending completion of permanent development regulations pertaining to limited temporary homeless encampments (safe parking) and the adoption of permanent zoning and permitting regulations, that safe parking without further regulation will cause to direct, secondary, and cumulative negative impacts in the community; and 5. That an emergency exists within the City, and that continuing Ordinance 3812 is necessary for the immediate preservation of the public peace, health, safety, welfare, economic vitality and continued economic growth of the City until additional review has been completed and any necessary code revisions have been adopted by the City Council and is a legitimate exercise of the City’s police power. SECTION TWO. That the City Council hereby ratifies, continues and renews the interim controls, zoning and regulation in their entirety adopted through Ordinance 3812 and all attachments without further revisions and that such shall be effective for a six month period of time (unless renewed or extended subsequent to an additional public hearing as required by law) or when the City's comprehensive review and possible amendment/adoption of regulations have been completed repealing the interim regulations and controls, whichever is sooner. The City Council shall make this decision to terminate the interim controls and regulations by ordinance, and termination shall not otherwise be presumed to have occurred. The City shall hold all necessary public hearings and adopt new findings as required under RCW 35A.63.220 and RCW 36.70A.390 if necessary and justified to continue the imposition of Ordinance 3790 until the City’s review has been completed. SECTION THREE. This ordinance shall take effect immediately upon passage by the City Council. SECTION FOUR. If any section, sentence, clause, or phrase of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause, or phrase of this ordinance. Ordinance Page 2 of 3 PASSED AND ADOPTED by the City Council of the City of Mount Vernon at a regular meeting thereof this 24th day of November, 2020. SIGNED AND APPROVED this _____day of November, 2020. ______________________________ DougVolesky, Finance Director ______________________________ Jill Boudreau, Mayor Approved as to form: ___________________________________ Kevin Rogerson, City Attorney Published _________________________ Ordinance Page 3 of 3  AGENDA ITEM: D DATE: November 24, 2020 TO: Mayor Boudreau and City Council FROM: Erin Keator, Human Resources Director SUBJECT: IAFF FIREFIGHTERS AND BATTALION CHIEFS COLLECTIVE BARGAINING AGREEMENTS RECOMMENDED ACTION: Staff recommends that Council authorize the Mayor to sign the IAFF Firefighter Collective Bargaining Agreement for January 1, 2020 through December 31, 2020 and the IAFF Battalion Chiefs Collective Bargaining Agreement for January 1, 2020 through December 31, 2020. INTRODUCTION/BACKGROUND: Both IAFF contracts expired December 31, 2019. The City and the Guild agreed to a one year roll over of the contract with some language changes and a 3.5% increase. FINDINGS/CONCLUSIONS: Details of the proposed contracts include: 1 year contract – January 1, 2020 through December 31, 2020 3.5% Wage Increase retroactive to January 1, 2020 Language was cleaned up in several Articles and significant changes were made to Article 13 Peak Activity Unit. Article 31 Clothing Allowance had some minor changes. RECOMMENDATION: Staff recommends that Council authorize the Mayor to sign both the IAFF collective bargaining agreements for January 1, 2020 through January 31, 2020. ATTACHED: None  AGENDA ITEM: E DATE: November 24, 2020 TO: Mayor Boudreau and City Council FROM: Police Chief Chris Cammock SUBJECT: APPROVAL FOR REVISIONS TO SKAGIT MULTIPLE AGENCY RESPONSE TEAM INTERLOCAL RECOMMENDED ACTION: REQUESTING COUNCIL APPROVAL FOR THE MAYOR TO ENTER INTO A REVISED INTERLOCAL AGREEMENT WITH THE SKAGIT MULTIPLE AGENCY RESPONSE TEAM. INTRODUCTION/BACKGROUND: On December 23, 2013, an interlocal agreement was signed between the cities of Anacortes, Burlington, Mount Vernon, Sedro Woolley and Skagit County Sheriff’s Office to form a multiple agency investigation team (S.M.A.R.T.) to be used during an officer involved use of force resulting in serious injury or death or when a serious incident exceeded an agencies capabilities to investigate properly. The Team has been utilized successfully for a number of situations since formed. In 2018, the MOU was updated adding Oak Harbor Police and Island County Sheriff’s Office to the agreement. In 2019, the Washington State Legislature enacted legislation (WAC 139-12) regarding independent investigation criteria for police shootings. The law defined Independent Investigative Teams, investigation criteria, information sharing firewalls, citizen representatives, training requirements and process for dealing with conflicts of interest. The MOU before you incorporates these changes. FINDINGS/CONCLUSIONS: This agreement provides a greater capacity for investigatory resources, expertise, equipment, and process bifurcation when an agency experiences a serious/deadly officer involved force use or a critical incident exceeding Mount Vernon’s investigatory resources. RECOMMENDATION: Requesting the City Council approve the Mayor to enter into the Skagit County Multiple Agency Response Team interlocal agreement with the agreed modifications. ATTACHED: Skagit County Multiple Agency Response Team Interlocal agreement  AGENDA ITEM: F DATE: November 24, 2020 TO: Mayor Boudreau and City Council FROM: Police Chief Chris Cammock SUBJECT: RENEW INTERLOCAL AGREEMENT FOR EMBEDDED SOCIAL WITH SKAGIT COUNTY RECOMMENDED ACTION: Motion to approve Mayor to renew the Law Enforcement Embedded Social Worker contract. INTRODUCTION/BACKGROUND: In 2016, the City of Mount Vernon and Skagit County Human Services entered into an interlocal agreement that would fund an embedded social worker within the Mount Vernon Police Department. The agreement included $60,000 to fund two-thirds of the position. For 2021, Skagit County has agreed to fund an additional $12,000.00 or not to exceed $72,000.00 to help cover program and services related costs. FINDINGS/CONCLUSIONS: The current agreement expires December 31, 2020 and to keep the position and programming functioning with the success it’s had to date it requires renewal of this interlocal agreement. RECOMMENDATION: Authorize the Mayor to enter into a renewal of the Law Enforcement Embedded Social Worker contract with Skagit County for January through December 2021. ATTACHED: Interlocal Cooperative Agreement – Law Enforcement Embedded Social Worker