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COUNCIL
MEETINGS: Audio and Summary - May 25, 2005
(Agenda
Packet, in Word, Acrobat,
html)
All files
in MP3 format, playable on Windows Mediaplayer or other MP3-compatible
digital device.
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7:00
PM COUNCIL MEETING- Changes to Agenda, Public Comments by Maggie
Casey re dog bite. ) (1.0
mb; approx. 5 minutes)
Councilmember
Comments: Jim Flower, John SEehuus, Dusty Boucher & Criswell,
mostly related to dog bite problem. (1.5
mb, 6:19 minutes)
Councilman
Champeaux (re dogs, also safety of bus passengers near Medical Clinic/Pharmacy),
and Mayor Tolson re Dog problems (1.3
mb file, 5:27 minutes)
STAFF
REPORTS
File
# D (6:31 min., 1.5 mb):
- Donna
Murphy: Summary of 5/21 visioning workshop; tenative opening date
for Visitor Information Center (VIC) 11:00 a.m., Thursday, August 4,
2005; Gateway signs okay'd by WSDOT; attendance at Snohomish County
cities' dinner; Dist. 5 council rep Jeff Sax suggested delaring the
week of 6/22 - 6/29 "Sultan Cenennial Week"
- Police
Report: Sgt. Jeff Shelton, filling in for Chief Fred Walser; says
police couldn't respond to Maggie Casey's report of dog bite, due to
conflicting violent assault situation on Hwy. 2 across from Dutch Cup.
Connie
Dunn, Public Works (5:08 min, 1.2 mb): 1st Street sidewalks, 5th street
trafficl ight and improvements to Sultan Basin Road are moving along,
with most projects completed this year; cleaned up cemetery for Memorial
Day; gargabe truck desperately needed repair ("There is a healthy
bill" for it); will be asking for a new job job description during
new budget process for personnel to help with maintenance (mowing, trimming,
etc.).
Student
rep comments/report and CONSENT AGENDA approvals (1:53
min., 0.4 mb)
ACTION
AGENDA BEGINS
(2:35
min., 0.6 mb file):
- Ord.
878-05 - Cable Franchise Extension, needs B.A. for $2,500; approved
unanimously
- Ord.
879-05. B A. (Budget Amendment) - Approved all ayes except Criswell,
nay.
VAN
WYNGARDEN PETITION (Barclays North acting on behalf of property
owner) - 60-acre annexation at 132nd S.E. and Sultan Basin Road:
PART
1 (8:23 min., 2 mb) and PART
II (7:27 min., 1.7 mb) - Due to improper noticing to property
owners who will be perhaps-unwillingly absorbed by this annexation,
and to no noticing requirements to adjoining property owners, council
will hear this item at their June 22nd meeting.
5th Street
Bid Award to Tri-med Construction (2:53
min., 0.7 mb)
Ord. 880-05
- Minor in Possession of Tobacco - approved, all ayes (4:28
min, 1.0 mb)
Resolution
05-12 - City Vacation of Hwy. 2 R-O-W near Sno-country Ford (formerly
NextCar) (4:52,
1.1 mb)
DISCUSSION
AGENDA:
Councilman
Flower-requested discussion on Wagley Creek "Ditch" (See
also a transcription of a portion of his statement
below)
- (Part
1, 4:08 min., 1.0 mb): Statements by C/M Flower that Wagley is not
a "creek" but a manmade ditch constructed at the turn of the
century, thus no subject to current laws regarding buffers/ESA issues;
C/M Boucher prefers reducing the current creek buffer setbacks by 50%,
as that would be a more "defensible" position.
- (Part
2, 6:05 min, 1.4 mb): C/M Blair notes added costs to develop near
the creek; more comments by C/M Boucher and Criswell; Attorney Thom
Graafstra advocates private property owner action in requesting JARPA
in handling the buffer setback challenges.
TOLSON-requested
discussion of how to spend $73,000 "windfall" that will
be coming from HB-6050; suggests applying it towards the $190,000 remaining
total owned to the county for jail fees; C/M Seehuus suggests it be used
to pay down existing debt service.
(5:16 min., 1.2 mb)
CLOSING
PUBLIC COMMENTS & VOTE ON FALLGATTER/KIRKMAN V. CITY SETTLEMENT
AGREEMENT (4:05
min., 1.1 mb)
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Brief
S ummary of Highlkights from May 25th Council Meeting:
(Sultan
Council Agenda (in Word,
Acrobat)
- A presentation was made by Rick Cisar (assisted by Barclays North's
Donnie Belk) on the petition to annex 60-acres-plus (Van Wyngarten LLC/Barclays
North) adjacent to and bordering the Pleasantview community at the southwest
corner of 132nd and Sultan Basin Road. One resident (who would be forced
to be included in this annexation if it occurs) stated she only received
a one-week notice of the petition/meeting; another adjoining property
owner stated she received no notice at all. Cisar said no legal notice
was required for the adjoining property owner. (Of interest: The fiscal
impact stated on the Action Agenda Explanation Sheet is "staff time,"
and mentions that the applicant has paid the $1,100 applicaiton fee. We
wonder how staff time is calculated and charged against that $1,100 fee,
and how any credit or debit is expensed against it.)
A presentation
by the City's insurer (Paul Harrison, Canfield & Associates)
was a refresher course for new council members, perhaps, and was --
perhaps coincidentally or not -- a timely reminder to
the City regarding liability-susceptible decisions: A little girl from
Willow Run bravely shared with the council and assembly her story: She
was bitten by a dog known to be dangerous. Unfortunately, police were
unable to respond due to a simultanteous situation involving a serious
and violent beating assault situation. Sgt. Shelton reported perp had
been apprehended; our thanks to Mayor Tolson for correcting our previous
erroneous statement posted early yesterday morning.). Another "no-brainer"
liability issue is the condition that will exist just below the
crest of the steep slopes of the Sultan Basin Road hill, where the Timber
Ridge northern (upper) driveway is located only 150 feet from its crest.
(We received John Galt's decision yesterday which contains his unwise
conclusion that there will be no problem with this situation. We hope
not. We HATE being "right" after the fact, when it
comes to this sort of Casandra warning.) This plat layout should mever
has been accepted by the City. We will be posting the audio for this
meeting a lot quicker than the previous meeting.
"There
he goes again...." - Councilman Jim Flower added
Wagley Creek as a Discussion Agenda item. Below is his statement, and
a small portion of the council discussion that ensued:
TRANSCRIPTION
OF SOME OF FLOWER'S COMMENTS: "Wagley Creek is not a creek.
It was originally put there by commercial interests in 1806. I have
documentation to that effect. I have an 1883 survey report and an 1883
topographic map that shows it not going any farther east than the Basin
Road. I have a 1917 U.S. Geological Survey map tha shows it in its present
location. I also have History of Sultan book which verbally speaks about
the way the DITCH was built in 1906 using pick axes. What I'm getting
at is I belive that this has become increasingly a financial burden
on the city, in that the Army COrps of Engineers has designated this
DITCH a salmon-bearing creek. And I would like the city to consider
a resolution that would petition the Amry Corps of Engineers to take
that back. What we're talking about here is 29 acres of property in
our Scenic Industrial Park that's used as buffer zone for this glorified
creek. And it is valuable property that could be a financial boon to
us. And as a businessman, I see the value of the elusiveness of the
property owners to develop that as they should, and as a practical nature,
I guess at this point I'd like to call a DITCH a DITCH. And I think
that we can at least make an effort to approach the Army Corps of Engineers
to revisit this issue, becuase possibly they did not have that information
when this determination was made; possibly they have erred. And bringing
this documentation to light, I believe we should try. And I'd like to
hear from the council some of their thoughts." Kristin Blair
put everything into perspective, with her question: "Regardless
of how it was created, is there salmon activity currently in Wagley
Creek? Documented?" And Councilman Flower (in an honest, but
alarmingly-uninformed manner, responded: "I can't answer that."
(Mayor Tolson then commented, "Yes. There is.")
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