City Council

DRAFT City of Mount Vernon City Council Meeting Minutes February 26, 2025 Police Court Campus, 1805 Continental Place Mayor Donovan called the meeting to order at 7:03 p.m. Present Councilmembers: Beaton, Brocksmith, Carías, Hudson, Molenaar (Zoom), Tercero, and Vander Stoep Staff Present: Special Projects Manager Sexton, City Attorney Rogerson, Parks and Enrichment Services Director Berner, Assistant Fire Chief Harris, Human Resources Director Keator, Development Services Director Pratschner, City Clerk Jensen, Police Lieutenant Moore, Assistant City Attorney Denny Citizens: 39 APROVAL OF AGENDA Councilmember Hudson moved to approve the agenda as presented. Motion seconded by Councilmember Beaton. Motion passed 7-0. COMMUNITY COMMENTS  Jim Sather, Mount Vernon resident, spoke about trees on Landmark Drive.  Lynn Campbell, Mount Vernon resident, spoke about mail theft in her neighborhood. She requested notification from the Police Department when they have knowledge of a problem and asked the City to reach out to the US Postal Service.  Isaac Cavazos, Mount Vernon resident, spoke about anti-immigrant comments recently made by a Councilmember and asked Council to approve a resolution stating that the City will not cooperate with ICE or border patrol. Mount Vernon City Council February 26, 2025 Page 2 of 6  Ms. Santiago, Mount Vernon resident, spoke about anti-immigrant comments recently made by a Councilmember.  Caroline Boschetto, Skagit County resident, spoke about anti-immigrant comments recently made by a Councilmember and other discrimination issues.  Zakiyah Deluz, Mount Vernon resident, addressed anti-immigrant comments recently made by a Councilmember. She asked Council to adopt an ordinance supporting immigrants.  Edgar Franks, Mount Vernon resident, spoke about immigrant workers, and anti-immigrant comments recently made by a Councilmember.  Rosalinda Guillen, LaConner Vernon resident, spoke about immigrants and anti-immigrant comments recently made by a Councilmember. She asked council to approve a resolution addressing for support immigrants and anti-discrimination.  Dena Straub, Mount Vernon resident, spoke about anti-immigrant comments recently made by a Councilmember. She stated that holding City Council meetings at Police Department is intimidating for some people.  Lynn Campbell, Mount Vernon resident, spoke about anti-immigrant comments recently made by a Councilmember and asked for a public apology.  Amador Perez, Mount Vernon resident, spoke about anti-immigrant comments recently made by a Councilmember. CONSENT AGENDA A. Approval of February 12, 2025, Regular Council Meeting minutes B. Approval of February 20, 2025, Payroll checks numbered 112854 - 112865, direct deposit checks numbered 105170 - 105433, and wire transfers numbered 1424 - 1428 in the amount of $1,570,542.39 C. Approval of February 26, 2025, Claims numbered 29089 - 29247, in the amount of $1,466,076.67 D. Approval of Agreement – 7K Environmental, LLC E. Approval of Agreement – Armadillo Design Lab F. Approval of Agreement – Land Development Engineering & Surveying, Inc. G. Approval of Agreement – Materials Testing & Consulting, Inc. H. Approval of Agreement – Olbrechts & Associates, PLLC I. Approval of Agreement – Pacific Surveying & Engineering, Inc. J. Approval of Agreement – SAFEbuilt Washington, LLC K. Approval of Agreement – Shelterbelt, LLC L. Approval of Agreement – Transportation Solutions, Inc. M. Approval of Agreement – Urban Forestry/Bartlett Consulting N. Approval of Agreement – Kastle Systems Mount Vernon City Council February 26, 2025 Page 3 of 6 Councilmember Beaton moved amend the February 12, 2025, Council meeting minutes to reflect that Councilmember Brocksmith abstained on New Business Item D. Motion seconded by Councilmember Hudson. Motion passed 7-0. REPORTS A. Committees 1. Finance & Parks and Enrichment Services – see committee minutes for details. 2. Public Works and Library - see committee details. B. Councilmember Comments  Councilmember Tercero apologized for his comments regarding cat colonies at the January 22, 2025 meeting.  Councilmember Beaton announced that there will be a Ward 3 meeting April 8th 5:30-6:30 at Fire Station 3. She also stated that the Bakerview Park sign replacement on the way.  Councilmember Carías, spoke in response to the public comments about immigrants and stressed that the migrant community has Council representation.  Councilmember Vander Stoep thanked those that spoke during public comments and invited public to continue to speak and to reach out.  Councilmember Hudson thanked Councilmember Carías for her comments and apologized if it appeared she was in agreement with the anti-immigrant comments made by a fellow Councilmember.  Councilmember Brocksmith, spoke about the public comments and the anti-immigrant comments recently made by a Councilmember.  Councilmember Beaton spoke about the anti-immigrant comments recently made by a Councilmember. C. Mayor’s Report  Mayor Donovan thanked all who spoke during public comments, as well as though who reached out via telephone and email. He spoke about the sequence of events regarding the topic of cat colonies and comments made by Councilmember Tercero.  A Community Meeting is scheduled for 1 p.m. on March 1st at the Library Commons to discuss the 2025-2045 Comprehensive Plan Update.  A Stormwater Management Program discussion will take place during the Public Works Committee meeting on March 12th, at 6 p.m. at the Police/Court Campus. Mount Vernon City Council February 26, 2025 Page 4 of 6  AWC Action Days recap D. Committee Agenda Requests - None EXECUTIVE SESSION Council adjourned into Executive Session at 8:17 p.m. for a period of 30 minutes to discuss with legal counsel representing the agency matters relating to agency enforcement actions, or to discuss with legal counsel representing the 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 matter, pursuant to RCW 42.30.110.1(i). Issues related to a quasi- judicial body which relates to a quasi-judicial pursuant to RCS 42.30.140(2), and to discuss matters related to collective bargaining sessions which are exempt under RCW 42.30.140(4)(a), Collective bargaining sessions with employee organizations, including contract negotiations, grievance meetings, and discussions relating to the interpretation or application of a labor agreement; or (b) that portion of a meeting during which the governing body is planning or adopting the strategy or position to be taken by the governing body during the course of any collective bargaining, professional negotiations, or grievance or mediation proceedings, or reviewing the proposals made in the negotiations or proceedings while in progress. The meeting will be reconvened at 8:47 p.m.; the session was extended 4 minutes. The meeting reconvened 8:51 p.m. Councilmember Molenaar was not able to rejoin the meeting via Zoom. NEW BUSINESS A. Appeal of Hearing Examiner Decision – PLAN25-0019: Mr. Rogerson asked a series of questions related to the Appearance of Fairness Doctrine regarding Council interest in PLAN 25-0019; Council replied no to all questions. Mayor Donovan disclosed that he toured the site, but it will not prevent him from proceeding impartially. Councilmember Hudson disclosed that she formally worked at the Wells Nursery location and is a party of record; it will not prevent her from proceeding impartially. There were no objections to allowing Council to proceed. Mount Vernon City Council February 26, 2025 Page 5 of 6 Mr. Rogerson stated what evidence is allowed to be heard and the process for hearing such evidence. Mayor Donovan opened the closed record Public Hearing. Mr. Denny reviewed the Hearings Examiner decision and the applicant’s appeal. He requested that Council uphold the Hearings Examiner decision to deny a request to modify/waiver certain requirements of Conditional Use Permit PLAN25-0019. David Christensen, architect for the project, presented the basis for seeking appeal of the Hearings Examiner’s decision and asked Council to overturn the decision. Tim Lehr, attorney for applicant, presented a legal argument in favor of the appeal. Mr. Rogerson asked if anyone would like to present a rebuttal. There being no additional comments, Mayor Donovan closed the public hearing. Councilmember Vander Stoep moved to reverse the Hearings Examiner’s decision to deny the appeal of modifications to Conditional Use Permit PLAN25- 0019 and direct the City Attorney to draft a resolution memorializing the decision. Motion seconded by Councilmember Tercero. Motion passed 6-0. B. Public Hearing – Mount Vernon Municipal (MVMC) Chapter 14.05, Procedures: Ms. Pratschner stated that this is a public hearing to accept comments regarding modifications to timelines for land use permits in MVMC Chapter 14.05, Procedures to comply with SB5290. No action will be taken following the hearing. Mayor Donovan opened the public hearing. Hearing no comments, Mayor Donovan closed the public hearing. C. Approval of Agreement Amendment – OAC Services, Inc. Mr. Phillips requested approval of Amendment No. 4 to agreement 4199 for additional construction management services for the Mount Vernon Library Commons Project. Mount Vernon City Council February 26, 2025 Page 6 of 6 Councilmember Vander Stoep moved to approve Amendment No. 4 to agreement 4199 with OAC Services, Inc. in the amount of $178,347. Motion seconded by Councilmember Hudson. Motion passed 6-0. D. Approval of Agreement Amendment – HKP Architects, PLLC.: Mr. Phillips requested approval of Amendment No. 8 to agreement 4071 for additional services for the Mount Vernon Library Commons Project. Councilmember Vander Stoep moved to approve Amendment No. 8 to agreement 4071 with HKP Architects, PLLC in the amount of $54,378. Motion seconded by Councilmember Beaton. Motion passed 6-0. E. Mount Vernon Library Commons Project Cost Update: Mr. Phillips requested approval to amend the overall project cost of the Mount Vernon Library Commons Project to $64.28M. Councilmember Hudson moved to approve the overall project of the Mount Verno Library Commons Project to $64.28M. Motion seconded by Councilmember Carias. Motion passed 6-0. F. Review if Agreement – Indigent Defense Services: Mr. Sexton presented a draft agreement with the cities of Mount Vernon, Burlington, Sedro- Woolley, and Anacortes for the provision of indigent defense services with a qualified law firm. Council was asked to review the agreement and email staff any questions they have. ADJOURNMENT The meeting adjourned at 9:47 p.m. Submitted by: Becky Jensen, City Clerk Approved: March 12, 2025