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City Council

Regular Meeting

Mount Vernon, WA · December 13, 2023

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Minutes

City of Mount Vernon City Council Meeting Minutes December 13, 2023 Police Court Campus, 1805 Continental Place Mayor Boudreau called the meeting to order at 7:00 p.m. Present: Councilmembers Beaton, Brocksmith, Carías, Hudson, Hulst, Molenaar, and Morales Staff Present: Special Project Manager Donovan, Parks and Enrichment Services Director Berner, Fire Chief Brice, Finance Director Volesky, City Attorney Rogerson, Development Services Director Pratschner, Library Director Huffman, Public Works Director Phillips, IS Director Thomas, Human Resources Director Keator, City Clerk Jensen, and Police Chief Cammock Citizens: 11 COMMUNITY COMMENTS Public Comments – Mr. Donovan read aloud emails sent to Community Comments.  Caleb Derouin, Mount Vernon resident, spoke about roads and the library. Public Comments - In person  Scott Correa, Mount Vernon resident, thanked council and Mayor for their service. He requested Adult Entertainment Committee information posted on the city website.  Miles Becker, Mount Vernon resident, spoke about a DNR grant and proposed a shade tree committee.  Ellen Gamson, MVDA director, thanked departing council and mayor for their service. CONSENT AGENDA A. Approval of November 8, 2023 Regular Council Meeting Minutes B. Approval of November 15, 2023 Study Session Minutes C. Approval of December 6, 2023 Regular Council Meeting Minutes Mount Vernon City Council December 13, 2023 Page 2 of 7 D. Approval of November 20, 2023, payroll checks numbered 112278 - 112292 direct deposit checks numbered 97202 - 97458, and wire transfers numbered 1275 - 1279 in the amount of $1,432,084.09 E. Approval of December 5, 2023, payroll checks numbered 112293 - 112309 direct deposit checks numbered 97459 - 97718, and wire transfers numbered 1280 - 1284 in the amount of $1,170,481.43 F. Approval of November 22, 2023, Claims numbered 23852 - 24022 in the amount of $1,577,235.15 G. Approval of December 13, 2023 Claims numbered 24038 - 24226 in the amount of $5,895,419.83 H. Approval of agreements 4481 and 4482 I. Approval of agreement 4483 Councilmember Hudson moved to approve Consent Agenda Items A - I. Motion seconded by Councilmember Carías. Motion carried 7-0. REPORTS A. Committees 1. Public Works and Library – see committee minutes for details. 2. Development Services – see committee minutes for details 3. Public Safety – see committee minutes for details. B. Councilmember Comments  Councilmember Morales wished all happy holidays.  Councilmember Carías spoke about outgoing Councilmembers Hulst and Morales, and Mayor Boudreau. C. Mayor’s Report  Library Commons construction update. D. Committee Agenda Requests  Councilmember Brocksmith requested a discussion about the designs presented at the Riverside Drive open house at the next Public Works Committee meeting. UNFINISHED BUSINESS None NEW BUSINESS The meeting adjourned into Executive session at 7:26 p.m. for a period of five minutes to discuss with legal counsel matters relating to matters relating to agency enforcement actions, or to discuss with legal counsel representing the Mount Vernon City Council December 13, 2023 Page 3 of 7 agency 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). The regular meeting reconvened at 7:32 p.m. A. Approval of Appointments to the Planning Commission: Mr. Donovan requested approval of the appointment of LuAnne Burkhart, and the reappointment of Jim Fikkert and Kirk Johnson to the Planning Commission. Councilmember Hulst moved to approve the appointments to the Planning Commission. Motion seconded by Councilmember Beaton. Motion carried 7-0. Mayor Boudreau performed the swearing of LuAnne Burkhart to the Planning Commission. B. Public Hearing and Approval of Ordinance – Mount Vernon Municipal Code (MVMC) Chapters 2.61, 14.05, and 17.70: Ms. Pratschner requested approval of the repeal of Chapter 2.61, Design Review, and the amendment of Chapters 14.05 Procedures, and 17.70 Design Review, of the MVMC with Ordinance 3880. Mayor Boudreau opened the public hearing. Hearing no comments Mayor Boudreau closed the public hearing. Councilmember Hulst moved to approve the repeal of Chapter 2.61 and the amendment of Chapters 14.05 and 17.70 of the MVMC with the adoption of Ordinance 3880. Motion seconded by Councilmember Beaton. Motion carried 7-0. C. Public Hearing and Approval of Ordinance – Mount Vernon Municipal Code (MVMC) Chapter 15.06.095: Ms. Pratschner requested approval of amendments to MVMC Chapter 15.06.095, Environmental Policies with Ordinance 3881. Mayor Boudreau opened the public hearing. Mount Vernon City Council December 13, 2023 Page 4 of 7 Hearing no comments Mayor Boudreau closed the public hearing. Councilmember Beaton moved to approve amendments to MVMC Chapter 15.06.095 with Ordinance 3881. Motion seconded by Councilmember Hudson. Motion carried 7-0. D. Public Hearing and Approval of Ordinance – Mount Vernon Municipal Code (MVMC) Chapter 17.99: Ms. Pratschner requested approval of amendments to MVMC Chapter 17.99, Fences with Ordinance 3882. Mayor Boudreau opened the public hearing. Hearing no comments Mayor Boudreau closed the public hearing. Councilmember Molenaar moved to approve amendments to MVMC Chapter 17.99 with Ordinance 3882. Motion seconded by Councilmember Morales. Motion carried 7-0. E. Public Hearing and Approval of Ordinance – Mount Vernon Municipal Code (MVMC) Chapter 17.210: Ms. Pratschner requested approval of amendments to MVMC Chapter 17.210, Temporary Homeless Encampments with Ordinance 3883. Mayor Boudreau opened the public hearing. Hearing no comments Mayor Boudreau closed the public hearing. Councilmember Morales moved to approve amendments to MVMC Chapter 17.210 with Ordinance 3883. Motion seconded by Councilmember Beaton. Motion carried 7-0. F. Public Hearing and Approval of Ordinance – Mount Vernon Municipal Code (MVMC) Chapters 6.14, 17.15, 17.42, 17.27, 17.33, and 17.24: Ms. Pratschner requested approval of amendments to MVMC Chapters 6.14, Covered Animals; 7.15, R-1 Single Family Detached Residential District; 17.42, LC Limited Commercial District; 17.27, R-4 Multifamily Residential District; 17.18 R-2 Duplex and Townhouse Residential District; 17.33, R-O Residential Office; and 17.24 R-3 Multifamily Residential District with Ordinance 3884. Mayor Boudreau opened the public hearing. Mount Vernon City Council December 13, 2023 Page 5 of 7  Scott Correa, Mount Vernon resident, spoke about the number of chickens allowed and banding chickens for identification.  Arthur Huff, Mount Vernon residents spoke about the chicken regulations.  Mary, Mount Vernon resident, spoke about the regulations, collaring, diapers, grandfathering existing coops, and side yard allowances.  Laura Paise, Mount Vernon resident, spoke about the planning commission meeting where the changes were considered and including a grandfather clause in the code. Hearing no additional comments Mayor Boudreau closed the public hearing. Councilmember Brocksmith recommends amending Line G, to eliminate ‘only in the rear’. Councilmember Hulst moved to approve amendments to MVMC Chapters 6.14, 17.15, 17.42, 17.27, 17.18, 17.33, and 17.24 with Ordinance 3884 with an amendment to strike ‘only in the rear’ on item G. Motion seconded by Councilmember Carías. Motion carried 7-0. G. Approval of Agreement – Skagit County: Mr. Cammock requested approval of an agreement with Skagit County to fund an embedded social worker for 2024. Councilmember Morales moved to authorize the Mayor to enter into an agreement with Skagit County for the 2024 funding of an embedded social worker in the amount of $77,000. Motion seconded by Councilmember Beaton. Motion carried 7-0. H. Approval of Ordinance – 2023 Budget Amendment: Mr. Volesky requested approval of Ordinance 3885 amending the 2023 Budget. Councilmember Morales moved to adopt Ordinance 3885 amending the 2023 Budget. Motion seconded by Councilmember Hulst Motion carried 7-0. I. Approval of Agreement Amendment – HKP Architects, PLLC: Mr. Bullock Mount Vernon City Council December 13, 2023 Page 6 of 7 requested approval of Amendment No. 4 to agreement 4071 with HKP Architects, PLLC for additional design services for the Library Commons Project. Councilmember Morales moved to authorize the Mayor to enter into Amendment No. 4 of agreement 4071 with HKP Architects, PLLC for additional design services in the amount of $199,334.70. Motion seconded by Councilmember Molenaar. Motion carried 7-0. J. Approval of Agreement – Western Display Fireworks: Ms. Berner requested approval of an agreement with Western Display Fireworks to provide fireworks and pyrotechnics for the 2024 4th of July fireworks show. Councilmember Hulst moved to authorize the Mayor to enter into agreement with Western Display Fireworks in the amount of $18,150. Motion seconded by Councilmember Carías. Motion carried 7-0. K. Approval of Agreement – Recreation Conservation Office (RCO): Ms. Berner requested approval of an agreement with RCO Parks Deferred Maintenance Grant funding. Councilmember Beaton moved to authorize the Mayor to enter into an agreement with RCO for Parks Deferred Maintenance Grant funding in the amount of $99,300. Motion seconded by Councilmember Morales. Motion carried 7-0. L. Meeting Cancellation – December 27, 2023: Mayor Boudreau stated that Council may cancel the December 27, 2023 regular city council meeting with a motion. Councilmember Molenaar moved to cancel the December 27, 2023 regular city council meeting Motion seconded by Councilmember Carías. Motion carried 6-0. M. City Service Recognition: Outgoing Councilmembers Hulst and Molenaar and Mayor Boudreau were recognized for their service to the City. Mount Vernon City Council December 13, 2023 Page 7 of 7 The meeting adjourned at 9:11 p.m. Submitted by: Becky Jensen, City Clerk Approved January 10, 2024

Agenda

CITY OF MOUNT VERNON CITY COUNCIL MEETING AGENDA December 13, 2023, 7:00 p.m. Police Court Campus, 1805 Continental Place Revised 12/12/23 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 I. OPENING CEREMONIES A. Call to Order B. Pledge of Allegiance C. Roll Call of Councilmembers II. COMMUNITY COMMENTS 1. Review of Emails from the Public (Public comments may be sent via email to communitycomments@mountvernonwa.gov. The comments will be read aloud into the record during the public comment portion of the agenda. Please limit your comments to be read in three minutes or less. Email comments must be received by 4 p.m. on December 13, 2023.) 2. Public Comments (This is an opportunity for Mount Vernon residents to address their City Council. Please 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 December 13, 2023.) III. CONSENT AGENDA A. Approval of November 8, 2023, Regular Council Meeting Minutes B. Approval of November 15, 2023, Study Session Minutes C. Approval of December 6, 2023, Regular Council Meeting Minutes D. Approval of November 20, 2023, payroll checks numbered 112278 - 112292 direct deposit checks numbered 97202 - 97458, and wire transfers numbered 1275 - 1279 in the amount of $1,432,084.09 Mount Vernon City Council Agenda December 13, 2023 Page 2 of 4 E. Approval of December 5, 2023, payroll checks numbered 112293 - 112309 direct deposit checks numbered 97459 - 97718, and wire transfers numbered 1280 - 1284 in the amount of $1,170,481.43 F. Approval of November 22, 2023, Claims numbered 23852 - 24022 in the amount of $1,577,235.15 G. Approval of December 13, 2023 Claims numbered 24038 - 24226 in the amount of $5,895,419.83 H. Approval of agreements 4481 and 4482 I. Approval of agreement 4483 IV. REPORTS A. Committees 1. Public Works and Library 2. Development Services 3. Public Safety B. Councilmember Comments C. Mayor’s Report D. Committee Agenda Requests V. UNFINISHED BUSINESS None VI. NEW BUSINESS A. Approval of Appointments to Planning Commission (Staff is requesting approval of the reappointment of LuAnne Burkhart, and the reappointments of Jim Fikkert and Kirk Johnson to the Planning Commission.) (required action – motion) (staff contact – Peter Donovan) B. Public Hearing and Approval of Ordinance – Mount Vernon Municipal Code (MVMC) Chapters 2.61, 14.05, and 17.70 (This is an open record public hearing and request to repeal Chapter 2.61, Design Review Board, and amend Chapters 14.05, Procedures, and 17.70, Design Review, with ordinance 3880.) (required action – ordinance) (staff contact – Stacie Pratschner) C. Public Hearing and Approval of Ordinance – Mount Vernon Municipal Code (MVMC) Chapter 15.06.095 (This is an open record public hearing and request for approval of amendments to MVMC Chapter 15.06.095, Environmental Policies, with Ordinance 3881.) (required action – ordinance) (staff contact – Stacie Pratschner) D. Public Hearing and Approval of Ordinance – Mount Vernon Municipal Code (MVMC) Chapter 17.99 (This is an open record public hearing and request for approval of amendments to MVMC Chapter 17.99, Fences, with Ordinance 3882.) (required action – ordinance) (staff contact – Stacie Pratschner) Mount Vernon City Council Agenda December 13, 2023 Page 3 of 4 E. Public Hearing and Approval of Ordinance – Mount Vernon Municipal Code (MVMC) Chapter 17.210 (This is an open record public hearing and request for approval of amendments to MVMC Chapter 17.210, Temporary Homeless Encampments, with Ordinance 3883.) (required action – ordinance) (staff contact – Stacie Pratschner) F. Public Hearing and Approval of Ordinance – Mount Vernon Municipal Code (MVMC) Chapter 6.14, 17.15, 17.42, 17.27, 17.18, 17.33, and 17.24 (This is an open record public hearing and request for approval of amendments to MVMC Chapters 6.14, Covered Animals; 17.15, R-1 Single Family Detached Residential District; 17.42, LC Limited Commercial District; 17.27, R-4 Multifamily Residential District; 17.18, R-2 Duplex and Townhouse Residential District; 17.33, R-O Residential Office District; and 17.24 R-3 Multifamily Residential District with Ordinance 3884.) (required action – ordinance) (staff contact – Stacie Pratschner) G. Approval of Agreement – Skagit County (Staff is requesting approval of an interlocal agreement with Skagit County to fund an embedded social worker for 2024.) (required action – motion) (staff contact – Chris Cammock) H. Approval of Ordinance – 2023 Budget Amendment (Staff is requesting approval of Ordinance 3885 amending the 2023 Budget.) (required action – ordinance) (staff contact – Doug Volesky) I. Approval of Agreement Amendment – HKP Architects, PLLC (Staff is requesting approval of Amendment No. 4 to agreement 4071 with HKP Architects, PLLC for additional design services for the Library Commons Project.) (required action – motion) (staff contact – Bill Bullock) J. Approval of Agreement – Western Display Fireworks (Staff is requesting approval of an agreement with Western Display Fireworks to provide firework and pyrotechnics for the 4th of July fireworks show.) (required action – motion) (staff contact – Jennifer Berner) K. Approval of Agreement – Recreation Conservation Office (RCO) (Staff is requesting approval of an agreement with RCO Parks Deferred Maintenance Grant funding.) (required action – motion) (staff contact – Jennifer Berner) L. Meeting Cancellation – December 27, 2023 (Council may make a motion to cancel the December 27, 2023 Regular City Council Meeting.) (required action – action) (staff contact –Mayor Boudreau) M. City Service Recognition (Recognition for those elected officials whose current term of service to the City will end on December 31, 2023.) (required action – none) (staff contact – Mayor Boudreau) Mount Vernon City Council Agenda December 13, 2023 Page 4 of 4 COMMITTEE MEETINGS Public Works and Library 6:00 p.m. Next Ordinance 3880 Next Resolution 1051 AGENDA ITEM: A DATE: December 13, 2023 TO: Mayor Boudreau and City Council FROM: Peter Donovan, Special Projects Manager SUBJECT: CONFIRMATION OF PLANNING COMMISSIONER APPOINTMENTS RECOMMENDED ACTION: Motion INTRODUCTION/BACKGROUND: Mount Vernon’s Planning Commission is an advisory body consisting of seven members appointed by the Mayor to four-year terms. City Council directs the Commission’s priorities and may request their recommendation and report on ordinances, resolutions, or other proposals. FINDINGS/CONCLUSIONS: Planning Commissioners Jim Fikkert and Kirk Johnson’s seats will expire at the end of 2023. Both Commissioners have agreed to renew their terms, and continue serving for an additional four years. Mayor Boudreau has selected Mount Vernon resident and business owner LuAnne Burkhart to fill a position being vacated by Councilmember-Elect Andrew Vander Stoep, also at year-end. RECOMMENDATION: A motion to ratify the Mayor’s appointment of planning commissioners Jim Fikkert, Kirk Johnson, and LuAnne Burkhart to the Mount Vernon Planning Commission. ATTACHED: LuAnne Burkhart’s Planning Commissioner Application Page 1 of 26 DRB Code Updates AGENDA ITEM: B DATE: December 13, 2023 TO: Mayor Boudreau and City Council FROM: Stacie Pratschner, Development Service Director SUBJECT: PUBLIC HEARING ON AMENDMENTS TO CHAPTERS 2.61, 14.05, AND 17.70 OF THE MOUNT VERNON MUNICIPAL CODE (“MVMC” OR “THE CODE”): DESIGN REVIEW. RECOMMENDED ACTION: The Development Services Department (“DS” or “the Department”) respectfully recommends that the City Council hold a public hearing and at its pleasure deliberate on whether to approve; deny; modify; or, guide the City to complete additional work on the proposed updates to the City’s Design Review Board process (Attachment 1). INTRODUCTION/BACKGROUND: On April 12, 2023, the City Council approved Resolution 1031, and directed the Planning Commission to work on changes to the City’s design review process; code; and, requirements. On August 15, 2023, the Planning Commission held a duly noticed public hearing to accept testimony on the proposal to eliminate the Design Review Board. The Planning Commission voted 5-0-2-0 to recommend that the City Council not adopt the proposed changes. On September 27, 2023, the City Council held a public hearing; accepted testimony; and, deliberated on the proposed updates. The City Council closed the public hearing that same evening and did not take action on the proposed updates. The Council directed the Department to refer the item back to the Development Services Committee for additional work. On October 18, 2023, the Development Services Committee directed staff to complete edits to the proposed code to include a community conference requirement in lieu of a Design Review Board and bring the edits back to City Council for a public hearing and deliberations. Attachment 1 is a draft Ordinance with code redlines for the City Councils consideration. Page 2 of 26 DRB Code Updates FINDINGS/CONCLUSIONS: The following synopsizes the scope of the attached draft Ordinance: 1) Chapter 2.61 of the MVMC is eliminated. 2) Chapter 14.05 of the MVMC has references to the Design Review Board removed. 3) Chapter 17.70 of the MVMC includes the following: - A new section requiring a community conference, and descriptions of exempt projects; - Clarifies that the Director or Hearing Examiner is the final review authority for design review, predicated on the permit type; and - Adds a new section that allows for minor design revisions to be approved by the Director without an additional community conference. RECOMMENDATION: The Department respectfully recommends that the City Council consider approving; denying; modifying; or, referring back to staff the proposed Ordinance to update those sections of the MVMC redlined in Attachment 1. ATTACHED: Draft Ordinance. AGENDA ITEM: C DATE: December 13, 2023 TO: Mayor Boudreau and City Council FROM: Rebecca Lowell, Development Services SUBJECT: PUBLIC HEARING ON AMENDMENTS TO MVMC CHAPTER 15.06.095 SEPA RECOMMENDED ACTION: Recommend that Council hold a public hearing and consider the Planning Commission recommendation to adopt the attached ordincance based on the finding of fact contained in the Planning Commission Staff Report & Recommendation to City Council attached as Appendix A to the proposed Ordinance. INTRODUCTION/BACKGROUND: Attached to this memo is a copy of the proposed code amendments in Ordinance form. Please remember when reviewing this ordinance that changes identified with red underlined font are proposed to be added to the existing code and changes identified with red strikethrough font are proposed to be deleted from the existing code. Text that is not red is existing code that is not proposed to be amended. The proposed amendments are brought forward for the following reasons: MVMC 15.06.095 uses the phrase “environmentally sensitive areas” instead of the phrase “critical areas” regarding categorial exemptions under the State Environmental Policy Act (SEPA). Under the MVMC “environmentally sensitive areas” includes buffers associated with wetlands or streams. This means projects where a wetland or stream buffer is present would be subject to the SEPA process in situations where it would otherwise not be triggered under state law. This proposed amendment would align this section of the code with current state law. FINDINGS/CONCLUSIONS: Findings are included in the Planning Commission Staff Report & Recommendation to City Council attached as Appendix A to the Proposed Ordinance. RECOMMENDATION: Recommend that Council hold a public hearing and consider the Planning Commission recommendation to adopt the attached ordincance based on the finding of fact contained in the Planning Commission Staff Report & Recommendation to City Council attached as Appendix A to the proposed Ordinance. ATTACHED: • Proposed Ordinance • Procedural Documents AGENDA ITEM: D DATE: December 13, 2023 TO: Mayor Boudreau and City Council FROM: Claire Kamak SUBJECT: PUBLIC HEARING ON AMENDMENTS TO MVMC CHAPTER 17.99 MVMC FENCES RECOMMENDED ACTION: Recommend that Council hold a public hearing and consider the Planning Commission recommendation to adopt the attached ordincance based on the finding of fact contained in the Planning Commission Staff Report & Recommendation to City Council attached as Appendix A to the proposed Ordinance. INTRODUCTION/BACKGROUND: Attached to this memo is a copy of the proposed code amendments in Ordinance form. Please remember when reviewing this ordinance that changes identified with red underlined font are proposed to be added to the existing code and changes identified with red strikethrough font are proposed to be deleted from the existing code. Text that is not red is existing code that is not proposed to be amended. The proposed amendments are brought forward for the following reasons: The barbed wire section of the zoning code was asked to be amended at the direction of City Council and the Mayor. The current code (MVMC Chapter 17.99.020) is unclear and not easy to read or interpret. Currently, barbed wire fences in the C-L zone are only permitted as part of a development plan, such as a Conditional Use Permit. The primary goal of the proposed amendments is to re-write the barbed wire provision in the Fences in Walls chapter. Items addressed at Planning Commission held on July 18, 2023 and August 15, 2023: • Clarification on areas and zones where barbed wire would be permitted • Discussion if landscape buffer may be desired around public uses or zones • Review breakdown discussion of proposed code FINDINGS/CONCLUSIONS: Findings are included in the Planning Commission Staff Report & Recommendation to City Council attached as Appendix A to the Proposed Ordinance. RECOMMENDATION: Recommend that Council hold a public hearing and consider the Planning Commission recommendation to adopt the attached ordincance based on the finding of fact contained in the Planning Commission Staff Report & Recommendation to City Council attached as Appendix A to the proposed Ordinance. ATTACHED: • Proposed Ordinance • Procedural Documents AGENDA ITEM: E DATE: December 13, 2023 TO: Mayor Boudreau and City Council FROM: Rebecca Lowell, Development Services SUBJECT: PUBLIC HEARING ON AMENDMENTS TO MVMC CHAPTER 17.210 TEMPORARY HOMELESS ENCAMPMENTS RECOMMENDED ACTION: Recommend that Council hold a public hearing and consider the Planning Commission recommendation to adopt the attached ordincance based on the finding of fact contained in the Planning Commission Staff Report & Recommendation to City Council attached as Appendix A to the proposed Ordinance. INTRODUCTION/BACKGROUND: Attached to this memo is a copy of the proposed code amendments in Ordinance form. Please remember when reviewing this ordinance that changes identified with red underlined font are proposed to be added to the existing code and changes identified with red strikethrough font are proposed to be deleted from the existing code. Text that is not red is existing code that is not proposed to be amended. The proposed amendments are brought forward for the following reasons: The goal of the proposed amendments is to add a hardship exemption into the Safe Parking provisions contained within the Chapter of the MVMC regulating Homeless Encampments. This proposed amendment would align this section of the code with current state law. FINDINGS/CONCLUSIONS: Findings are included in the Planning Commission Staff Report & Recommendation to City Council attached as Appendix A to the Proposed Ordinance. RECOMMENDATION: Recommend that Council hold a public hearing and consider the Planning Commission recommendation to adopt the attached ordincance based on the finding of fact contained in the Planning Commission Staff Report & Recommendation to City Council attached as Appendix A to the proposed Ordinance. ATTACHED: • Proposed Ordinance • Procedural Documents AGENDA ITEM: F DATE: December 13, 2023 TO: Mayor Boudreau and City Council FROM: Marianne Manville-Ailles SUBJECT: PUBLIC HEARING ON AMENDMENTS TO MVMC CHAPTERS 16.14 (FARM ANIMALS IN THE CITY), 17.15 (R-1), 17.42 (LC); 17.27 (R-4); 17-18 (R-2); 17.33 (R-O) AND 17-24 (R-3) RECOMMENDED ACTION: Recommend that Council hold a public hearing and consider the Planning Commission recommendation to adopt the attached ordincance based on the finding of fact contained in the Planning Commission Staff Report & Recommendation to City Council attached as Appendix A to the proposed Ordinance. INTRODUCTION/BACKGROUND: Attached to this memo is a copy of the proposed code amendments in Ordinance form. Please remember when reviewing this ordinance that changes identified with red underlined font are proposed to be added to the existing code and changes identified with red strikethrough font are proposed to be deleted from the existing code. Text that is not red is existing code that is not proposed to be amended. The proposed amendments are brought forward for the following reasons: The City Council has determined that additional or revised measures are needed to effectively control errant animal behavior. To accomplish this, regulations governing the keeping of chickens have been added to Chapter 6.14 now titled Farm animals in the City. Specifically, the amendments: Limit the number of chickens that may be kept to 10. Prohibits roosters. Requires a securable coop with 4 walls that are limited to 36 square feet in size and must be located in the rear yard. Requires coops and pens to be located 10 feet from property lines. Requires pens and coops to be kept clean and free from dust, manure, and flies. Requires area to be fenced to prevent chickens from roaming outside of the designated rear yard. Prohibits chickens infected with diseases harmful to humans. In addition, the intent of the proposed changes is to allow for chickens to be raised on single family residential lots. As such, the accessory uses for each of the residential zoning districts have been amended accordingly. Council should note that the Planning Commission in response to public comment, changed the proposal to require coops and pens to be located a minimum of 10 feet from propertylines instead of 20 feet from structures on neighboring properties. FINDINGS/CONCLUSIONS: Findings are included in the Planning Commission Staff Report & Recommendation to City Council attached as Appendix A to the Proposed Ordinance. RECOMMENDATION: Recommend that Council hold a public hearing and consider the Planning Commission recommendation to adopt the attached ordincance based on the finding of fact contained in the Planning Commission Staff Report & Recommendation to City Council attached as Appendix A to the proposed Ordinance. ATTACHED: • Proposed Ordinance • Procedural Documents AGENDA ITEM: G DATE: December 13, 2023 TO: Mayor Boudreau and City Council FROM: Police Chief Chris Cammock SUBJECT: RENEW INTERLOCAL AGREEMENT WITH SKAGIT COUNTY FOR EMBEDDED SOCIAL WORKER 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 includes two-thirds of the funding for this position not to exceed $60,000 and $17,000 for flexible spending on programming, supplies, etc. and ongoing technical assistance. FINDINGS/CONCLUSIONS: The current agreement expires December 31, 2023 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 2024. ATTACHED: Interlocal Agreement – Law Enforcement Embedded Social Worker AGENDA ITEM: H DATE: December 13, 2023 TO: Mayor Boudreau and City Council FROM: Doug Volesky, Finance Director SUBJECT: 2023 BUDGET AMENDMENT RECOMMENDED ACTION: City staff is requesting Council to approve Ordinance 3885 to amend the 2023 Adopted Budget. INTRODUCTION/BACKGROUND: The 2023 Budget Amendment includes the following: 1. The General Fund (F001), Municipal Court, requires an increase in appropriated revenue and expenditures of $37,500 to account for a grant received for information technology equipment upgrades in the court room. 2. The Affordable Housing Sales & Use Tax Fund – HB1590 (F123) needs an increase in appropriated expenditures in the amount of $500,000 to account for an agreement with Skagit County Public Health for Martha’s Place permanent supportive housing operations, maintenance & services. Fund reserves will offset this cost. 3. The Affordable and Supportive Housing Fund – HB1406 (F122) requires an increase in appropriated expenditures in the amount of $110,000 for contributions to the Immigrant Resources & Immediate Support (IRIS) in the amount of $30,000, the Friendship House in the amount of $55,000, and Family Promise of Skagit in the amount of $25,000. Fund reserves will offset this cost. 4. The Parks and Enrichment Services Fund (F103) requires an increase in appropriated revenue and expenditures of $9,050 for the 25th Street Playground Project that was reimbursed by a contribution from the Kiwanis Club, $14,600 for an audio system at Hillcrest Lodge that was funded by a donation from the Downtown Association, and an increase in appropriations in the amount of $248.36 to fund a correction of a negative reserve in the Municipal Arts Fund (F113). 5. The Parks Capital Reserve Fund (F115) requires an increase in appropriated revenue and expenditures of $200,000 for revenues received from PUD for the renovation of Hillcrest Park and Edgewater Park playfields. 6. The Surface Water Utility Fund (F403) requires an increase in appropriated expenditures in the amount of $100,000 for increased costs associated with the Park Street Pump Station Project design. Fund reserves will offset this cost. 7. The Surface Water Utility Fund (F403) needs an additional appropriation of $197,241.34 for the purchase of a wheeler loader that was missed during the 2023 budget process. This purchase was previously approved by Council. Funding will come from this fund’s reserves. 8. The Facility Renewal Fund (F502) requires an increase in appropriated expenditures in the amount of $300,000 for costs associated with the Police Court Campus emergency generator and required electrical work done on the Lincoln Commercial Block building. This will be offset by fund reserves. The Facility Renewal Fund also requires an increase in appropriated revenue and expenditures in the amount of $50,000 for the purchase and installation of a new HVAC in the Lincoln Commercial Block Building. This will be offset by a transfer-in from the Lincoln Commercial Block Fund (F120). 9. The Fire Capital Projects Fund (F306) requires an increase in appropriated expenditures in the amount of $500,000 for expenditures related to the fire station remodel projects. Funding will come from this fund’s reserves. 10. The Public Works Facility Fund (F328) needs an appropriation of $5,000 for a payment for architectural services for the Public Works maintenance shop canopy. Funding will come from this fund’s reserves. FINDINGS/CONCLUSIONS: As these increases in expenditures were not included in the 2023 adopted budget, these budget amendments are necessary to complete and properly record these expenditures. All listed funds have available funding for these expenditures. RECOMMENDATION: City staff is requesting Council to approve ordinance 3885 to amend the 2023 Adopted Budget. ATTACHED: Ordinance 3885 AGENDA ITEM: I DATE: December 13, 2023 TO: Mayor Boudreau and City Council FROM: Chris Phillips, Public Works Director SUBJECT: LIBRARY COMMONS PROJECT – CONTRACT AMENDMENT NO. 4 WITH HKP ARCHITECTS INTRODUCTION/BACKGROUND: The Library Commons Project consists of a new public library and community center below three floors of structured parking located downtown across from the county courthouse on Kincaid Street between 2nd and 3rd Street. The library and community center covers between 30,000 – 35,000 SF and structured parking area will be approximately 125,000 SF. The project incorporates sustainable strategies to reduce overall carbon footprint, promotes environmental and healthy materials, and encourages sustainable transportation options such as access to mass transit and vehicle charging stations. The project will serve as a gateway to the historic downtown and other regional attractions. FINDINGS/CONCLUSIONS: HKP Architects is currently under contract for construction services on the Library Commons Project which is currently under construction. Staff recommends amending their current contract to provide for additional construction contract administration services to compensate for unforeseen costs associated with activities such as on-site structural coordination, post tension girder repair, Buy America requirements, additional passive house support, and other items. RECOMMENDATION: Motion to authorize the Mayor to execute a contract amendment with HKP Architects to provide compensation for additional unforeseen construction management costs for the Library Commons Project. Amendment No. 4 shall not exceed $199,334.70 for a new total contract amount of $4,006,906.00. ATTACHED: Library Commons Contract Amendment #4 AGENDA ITEM: J DATE: December 13, 2023 TO: Mayor Boudreau and City Council FROM: Jennifer Berner, Director SUBJECT: WESTERN DISPLAY FIREWORKS AGREEMENT RECOMMENDED ACTION: Staff recommends Council approve Mayor to enter into agreement with Western Display Fireworks LTD. INTRODUCTION/BACKGROUND: Western Display Fireworks has supplied the City with a fabulous firework show for many years, and has submitted a proposal for a 2024 4th of July fireworks display for a total of $18,150. Full funding for the fireworks was awarded to the Parks and Enrichment Services Department through the 2024 Lodging Tax funds. FINDINGS/CONCLUSIONS: NONE RECOMMENDATION: Staff recommends Council approve the Mayor to enter into agreement with Western Display Fireworks for the purpose of providing a fireworks show for the Independence Day celebration July 4, 2024. ATTACHED: 2024 Western Display Fireworks Agreement AGENDA ITEM: K DATE: December 13, 2023 TO: Mayor Boudreau and City Council FROM: Jennifer Berner, Parks & Enrichment Services Director SUBJECT: RCO DEFERRED MAINTENANCE GRANT AGREEMENT RECOMMENDED ACTION: Staff recommends that Council make a motion to authorize the Mayor to sign the RCO Deferred Park Maintenance Grant Agreement. 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. There were 157 projects submitted and Mount Vernon ranked 31st. The following projects were selected to fit within the qualifying factors of deferred maintenance; repainting restrooms and picnic shelters, repair the two motorized gates at Hillcrest and Bakerview, Re- powder coat trash cans and picnic tables, replace 2 picnic shelter roofs at Hillcrest, Restripe basketball courts, repair damaged ramps at the skate park, resurface the tennis/pickleball court at Hillcrest. 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 AGENDA ITEM: M DATE: December 13, 2023 TO: City Council FROM: Mayor Jill Boudreau SUBJECT: CITY SERVICE RECOGNITION RECOMMENDED ACTION: None INTRODUCTION/BACKGROUND: FINDINGS/CONCLUSIONS: Recognition for those elected officials whose current term of service to the City will end on December 31, 2023. RECOMMENDATION: None ATTACHED: None

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