City Council

CITY OF MOUNT VERNON CITY COUNCIL MEETING AGENDA January 10, 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 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 January 10, 2024.) 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 January 10, 2024.) III. CONSENT AGENDA A. Approval of December 13, 2023, Regular Council Meeting Minutes B. Approval of December 20, 2023, payroll checks numbered 112313 – 112323, direct deposit checks numbered 97719 - 97974, and wire transfers numbered 1285 - 1289 in the amount of $1,515,003.72 C. Approval of January 5, 2024, payroll checks numbered 112324 - 112342 direct deposit checks numbered 97975 - 98234, and wire transfers numbered 1290 - 1294 in the amount of $1,361,622.86 Mount Vernon City Council Agenda January 10, 2024 Page 2 of 3 D. Approval of December 27, 2023, Claims numbered 24234 - 24403 in the amount of $1,333,157.74 E. Approval of January 10, 2024 Claims numbered 24412 - 24537 in the amount of $5,941,607.05 F. Approval of agreement 4503 G. Approval of agreement 4504 IV. REPORTS A. Committees 1. Public Works and Library B. Councilmember Comments C. Mayor’s Report D. Committee Agenda Requests V. UNFINISHED BUSINESS None VI. NEW BUSINESS A. Election of Mayor Pro Tempore (Staff is requesting the election of a Mayor Pro Tempore to serve until the conclusion of the next general election or until a vacancy occurs.) (required action – motion) (staff contact – Kevin Rogerson) B. Presentation – Community Action of Skagit County (Community Action of Skagit County Director Bill Henkel will provide an update on recent agency activities.) (required action – none) (staff contact – Mayor Donovan) C. Public Hearing and Approval of Resolution – Viewmont Estates Mobile Homes Park (This is a closed record public hearing and request for approval of the Viewmont Mobile Home Park Site Plan modification; continuation of a nonconforming use; and Variance PLAN23-0074 with Resolution 1051.) (required action – resolution) (staff contact – Marianne Manville-Ailles) D. Street Closure Request (Staff is requesting approval a request to close South 1st Street and adjacent areas on January 26, 2024, for the 10th Annual Illuminight Winter Walk in Downtown Mount Vernon.) (required action – motion) (staff contact – Jennifer Berner) E. Approval of Agreement – Microsoft Corporation (Staff is requesting approval an enterprise agreement with Microsoft Corporation.) (required action – motion) (staff contact – Mary Thomas) Mount Vernon City Council Agenda January 10, 2024 Page 3 of 3 COMMITTEE MEETINGS Public Works and Library 6:00 p.m. Next Ordinance 3886 Next Resolution 1051  CONSENT ITEM: F DATE: January 10, 2024 TO: City Council FROM: Mayor Peter Donovan SUBJECT: PUBLIC DEFENSE CONFLICT COUNSEL AGREEMENT RENEWAL RECOMMENDED ACTION: Motion INTRODUCTION/BACKGROUND: In the normal course of events, conflicts will arise which prevent the City’s primary public defense provide (Mountain Law) from representing a particular client. The City maintains a roster of skilled, experienced criminal defense attorneys who can and will conform to the standards and practice for the provisions of public defense services developed by the City. FINDINGS/CONCLUSIONS: Alex Ransom has proven to be a highly competent, skilled and experienced criminal defense attorney; and I would recommend that the City renew his public defense conflict counsel agreement. RECOMMENDATION: A motion to authorize the Mayor to enter into an agreement with Alex Ransom for public defense conflict counsel services. ATTACHED: Draft Agreement  CONSENT ITEM: G DATE: January 10, 2024 TO: Mayor Donovan and City Council FROM: Doug Volesky, Finance Director SUBJECT: INTERLOCAL AGREEMENT WITH SKAGIT COUNTY FOR THE PROVISION OF SENIOR SERVICES FOR THE YEAR 2024. RECOMMENDED ACTION: Staff recommends that Council authorize the Mayor to enter into an interlocal agreement with Skagit County for the provision of senior services for the calendar year 2024. INTRODUCTION/BACKGROUND: Each year the City of Mount Vernon budgets for and provides funding to Skagit County for their Senior Services Program within the Department of Public Health for services provided to our senior community. These services include: - Nutrition services that include nutritionally balanced noon-time meals at the Mount Vernon Senior Center and home-delivered meals to seniors over the age of 60 and meals served at the senior center over the noon hour. - Operational support of the Mount Vernon Senior Center which provides senior center program services to our senior community. FINDINGS/CONCLUSIONS: The City has committed $63,805 of financial support to Skagit County for the provision of services to our senior community for 2024 which is included in the adopted 2024 City budget. An interlocal agreement between our two agencies needs to be approved to confirm the City’s funding commitment. The 2024 budget for senior services represents a 10% increase from 2023 to 2024. RECOMMENDATION: Staff recommends Council authorize the Mayor to enter into this agreement. ATTACHED: Interlocal Cooperative Agreement between Skagit County Senior Services and the City of Mount Vernon.  NEW BUSINESS ITEM: A DATE: January 10, 2024 TO: Mayor Donovan and City Council FROM: Kevin Rogerson, City Attorney SUBJECT: ELECTION OF MAYOR PRO TEMPORE RECOMMENDED ACTION: That the City Council elect from among their number a mayor pro tempore, who shall hold office at the pleasure of the Council, and in case of the absence, death or disability of the Mayor, shall perform the duties of mayor except that he shall not have the power to appoint or remove any officer or to veto any ordinance. INTRODUCTION/BACKGROUND: MVMC 2.08.040 requires members of the City Council, after each general municipal election, and thereafter whenever a vacancy occurs, to elect from among their number a mayor pro tempore. The duties of the Mayor Pro Tempore are in case of the absence, death or disability of the Mayor, to perform the duties of mayor except that he/she shall not have the power to appoint or remove any officer or to veto any ordinance. The appointment of a councilperson as Mayor Pro Tempore shall not in any way abridge his/her right to vote upon all questions coming before the council. FINDINGS/CONCLUSIONS: A general municipal election has concluded requiring the City Council to elect from their number a mayor pro tempore to serve until the conclusion of the next general election or until a vacancy occurs. RECOMMENDATION: NONE ATTACHED: NONE  NEW BUSINESS ITEM: B DATE: January 10, 2024 TO: City Council FROM: Mayor Peter Donovan SUBJECT: COMMUNITY ACTION UPDATE RECOMMENDED ACTION: None INTRODUCTION/BACKGROUND: Community Action of Skagit County Executive Director Bill Henkel will update city council on recent Community Action activities. FINDINGS/CONCLUSIONS: None RECOMMENDATION: None ATTACHED: None  NEW BUSINESS ITEM: C DATE: 1/10/2024 TO: Mayor Donovan and City Council FROM: Marianne Manville-Ailles, Development Services SUBJECT: Closed Record Public Hearing to consider the Viewmont Estates Mobile Home Park Site Plan Modification, Continuation of a Nonconforming Use; and Variance; PLAN23-0074 RECOMMENDED ACTION: Council holds a closed record hearing and considers the Hearing Examiner’s recommendation to adopt the attached resolution based on the Findings of Fact and Conclusions of Law contained in the Hearing Examiner Recommendation attached as Appendix A to the proposed resolution. INTRODUCTION/BACKGROUND: The proposal property has an address of 1120 S 25th Street, and its parcel number is P27310. The proposal is to modify the existing site plan for the Viewmont Estates Mobile Home Park. The modification consists of the addition of two sites to the park, increasing the total number of sites from 97 to 99. One of the proposed sites (Site 99) will be located within the existing RV storage area. The other mobile home (Site 98) will be located in an existing grass area directly across the street that provides internal access to the Mobile Home Park. Site 98 is 4,860 square feet in size and is a 54’ by 90’ rectangle. Site 99 is 4,615 square feet in size. It is irregularly shaped and is 54 feet wide at the street frontage and 90 feet long on its north side and 31.7 feet along its west side and 68 feet along its south side. As proposed, site 99 does not comply with the requirements to be 54 feet wide and 90 feet deep (MVMC 17.39.070). As such, the applicant is requesting a variance from this requirement due to the location of the required storage area and the existing sites. The proposal is located in a mobile home park that does not meet the amount of common open space required in MVMC 17.39.120 (15%). The park was originally approved in April 1985 and the open space requirements were adopted in 1989. Because of this the proposal also includes a nonconforming alteration approval to allow for the continuation of the nonconformity within the remainder of the park. MVMC Chapter 17.39.150 includes a process for adopting and modifying site plans for Mobile Home Parks. The process gives approval authority for such a modification to City Council (upon recommendation by the Hearing Examiner). MVMC Chapter 17.102.070 includes a process to allow alteration/continuation of a nonconforming use and MVMC 17.105.050 includes a process to allow variances from the zoning code. Approval authority for both of these permits is given to the Hearing Examiner. MVMC 14.05.080(I) allows for consolidated review for multiple permit applications. Under this process all the associated applications are subject to the highest level of review authority that applies to any of the required applications. Because of this City Council is the approval authority for all of the permits consolidated in this application. FINDINGS/CONCLUSIONS: On October 26,2023 a virtual open record hearing was held before the Hearing Examiner. The Examiner recommends approval of the proposal with conditions in a report dated November 16, 2023. No request for consideration of the Examiner’s recommendation of approval was received by the department. The Hearing Examiner’s recommendation is submitted together with the attached proposed Resolution, the Staff Report, and all of the Exhibits that the Examiner relied upon in making his recommendation. RECOMMENDATION: Council holds a closed record hearing and considers the Hearing Examiner’s recommendation to adopt the attached resolution based on the Findings of Fact and Conclusions of Law contained in the Hearing Examiner Recommendation attached as Appendix A to the proposed resolution. ATTACHED: • Proposed Resolution • Hearing Examiner Recommendation (included as Appendix A to the proposed resolution) • Hearing Examiner Staff Report and its associated Exhibits  NEW BUSINESS ITEM: D DATE: January 10, 2024 TO: Mayor Donovan and City Council FROM: Jennifer Berner SUBJECT: STREET CLOSURE REQUEST FOR ILLUMNIGHT WINTER WALK RECOMMENDED ACTION: Staff recommends Council approve the Street Closure Request for the 2024 Illuminight Winter Walk. INTRODUCTION/BACKGROUND: The 10th Annual Illuminight Winter Walk, hosted by Mount Vernon Parks & Enrichment Services, is an annual free event celebrating local community, wellness, conservation, and art. The event features the works of local luminary artist, and invites individuals to make and bring their own luminaries. A procession down South 1st Street will bring participants and artists together to display their luminaries in the dark of night. FINDINGS/CONCLUSIONS: For the safety of all participants and spectators, we request the closure of South 1st Street from West Montgomery Street to West Kincaid Street, West Montgomery Street from Main Street to South 1st Street, West Gates Street from South 2nd Street to Main Street, Myrtle Street from Main Street to South 1st Street, and Pine Street from Main Street to South 1st on Friday January 26th from 4:00pm to approximately 7:00pm. All streets will be opened upon conclusion of the parade, around 7:00pm. RECOMMENDATION: Staff recommends the approval of the Street Closure Request for the 2024 Illuminight Winter Walk. ATTACHED: Street Closure Request (page 5 of attached event application) and Parade Route Map  NEW BUSINESS ITEM: E DATE: January 10, 2024 TO: Mayor Donovan and City Council FROM: Mary Thomas, Information Technology Director SUBJECT: MICROSOFT ENTERPRISE AGREEMENT 2024 - 2026 RECOMMENDED ACTION: Staff recommends Council make a motion to authorize the Mayor to sign the 3 year Microsoft Enterprise Agreement that will span January 2024 through December 31, 2026. INTRODUCTION/BACKGROUND: This agreement with Microsoft locks in pricing and current quantities for all Microsoft software packages that include the M365, servers, SQL and other Microsoft offerings through the Volume Licensing program. FINDINGS/CONCLUSIONS: None RECOMMENDATION: Council move to authorize the Mayor to sign the 3 year Microsoft Enterprise Agreement ATTACHED: • Microsoft Enterprise Agreement – 2024 to 2026