COUNCIL MEETINGS: Audio and Summary - September 28, 2005
(Agenda Packet for this meeting in Word, Acrobat and html and MINUTES from this meeting)

All files in MP3 format, playable on Windows Mediaplayer or other MP3-compatible digital device.

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PLEDGE OF ALLEGIANCE, CHANGES TO AGENDA (2:56 min. 0.5 mb)

PUBLIC COMMENTS (4:22 min., 0.8 mb)

Dan Barmon, re difficulty of permitting for himself, Romac and Wayne Alexander

COUNCILMEMBER & COMMENTS FROM MAYOR (5:19 min., 0.9 mb)

Derek Boyd (re Barmon's comments and those from PUD hearing); Jim Flower re PUD being complicated issue; Bruce Champeaux re , Karsten Thot (student rep), Tolson re new developments

PROTHMAN REPORT/PROPOSAL (15 min., 2.8 mb)

STAFF REPORTS:

CONSENT AGENDA APPROVAL (0:24 seconds; 0.1 mb)

PUBLIC H EARING - Budget Amendments (11:14 minutes; 2.0 mb)

ACTION AGENDA ITEMS:

Res. 05-21 Parking in cul de sacs (3:40 min.,0.6 mb) - all ayes

Res. 05-24, Repeal of Water/Sewer Availability Procedures (2:40 min., 0.5 mb) - all ayes

SPD Roof Bid Award (7:38 min., 1.3 mb)

CLOSED RECORD HEARING - Wallace River PUD Substation CUP (Conditional Use Permit) (10:33 min.,1.9 mb)

Res. 05-25 - Wallace River PUD Substation a pproval (1:39 min., 0.3 mb) - all ayes

Acceptance of Prothman Contract (1:41 min., 0.3 mb) - all ayes

Ord. 887-05 "Emergency" ordinance - budget amendment for SPD roof contract (3:55 min, 1.3 mb)

DISCUSSION

Sewer Availability process, procedure, status, in two parts: (Part 1, 8:58 min., 1.6 mb; Part 2, 9:41 min., 1.7 mb)

PUBLIC COMMENTS

Josie Fallgatter: Why Jeff Kirkman and she filed appeal with Growth Mgt. Hearings Board: The SEwer/water procedure is not "economic development"-friendly; and it did not include/consider phasing (3:45 min., 0.7 mb)

COUNCILMEMBER COMMENTS (4:11 min., 0.7 mb)

No councilmember acknowledged or spoke re Fallgatter's closing comment except Derek Boyd....Tolson expressed thanks to council....Fred Walser forgot to mention to council that he had a meeting with the school and have agreed on a new procedure: Anyone registered in the Sultan School System will be considered trespassing and can be arrested for probable cause. This will help with some of the long-time problems with drop-out troublemakers or others, especially on Turk Trail.

MINUTES September 28, 2005 Council Meeting:

CITY OF SULTAN MINUTES, 9/28/05

The regular meeting of the Sultan City Council was called to order in the Sultan Community Center by Mayor Tolson.  Councilmembers present:  Champeaux, Boucher, Seehuus, Flower, and Boyd.

Absent:  Blair, Criswell

Student Representative:  Karstan Thot

ADDITIONS TO THE AGENDA:

Consent:  Excused absence of Councilmembers Blair and Criswell

Executive:  Add real estate

Discussion:  Remove PUD; add sewer service availability

Action:  Add Ordinance 887-05

COMMENTS FROM THE PUBLIC

Dan Barmon:  Thanked the Council for changing the code on binding site plans so he could proceed with his commercial building permit.  Advised that Romac is trying to expand, however they are having problems with the permit process and he feels the city staff should provide assistance.  Cost of building and property is going up and the city does not receive any tax revenue if the expansion is delayed.

COUNCILMEMBERS COMMENTS:

Boyd:   Good comments were received at the PUD moratorium public hearing.  Would like to help the businesses with permits if possible. 

Flower:   The hearing on the PUD moratorium was continued and the council needs to take a serious look at the issue and have the Planning Commission review the codes.  Appreciates the comments by Mr. Barmon and agrees that the process should not take as long as it does.  Time is money and Romac is a good business and large employer and the city should help them along with the process.

Champeaux:  Appreciated comments at the hearing.  It is a complex issue and the council needs more information.  Thanked Mr. Barmon for bringing the problems with permits to the Council’s attention.

Karstan Thot:  Advised that the High School had a Pep Rally for Homecoming and he was impressed with the community spirit of the students.

STAFF REPORTS:

Prothman Group:  Greg Prothman reviewed the Scope of Work for the City Wide Assessment.  The total proposed cost is $23,885.   Mayor Tolson noted that the proposed cost exceeds the amount budgeted for 2005, however, they may be able to modify the contract or delay parts of the review.  Discussion was held regarding the time frame to complete the review, the need to amend the budget and the need to have WASPC perform the review on the Police Department.  The consensus of the Council was to modify the budget to complete the assessment as proposed.

Police Department:  Chief Walser reported on a weapons incident on school grounds and he advised that based on the numerous complaints received, WSDOT will be repairing the “repair” job on Highway 2.

The committee will be meeting to begin the design work on the Skateboard Park.

Grants:  Donna Murphy advised that the City Facility tour is set for October 22nd.   The Downtown Vision plan is complete and a joint meeting will be scheduled with the Chamber and the Council to review the document.  The Visitor Center dedication is set for October 25th at 1:30 PM.  The City has received a grant for brush chipping next year and the staff will schedule the event for February. 

Public Works:  Connie Dunn advised that the final lift of asphalt on 1st Street is complete.   Advised that Tony Beedle has submitted a letter of retirement effective October 12th.    Provided a slide presentation of the cul-de-sacs in the City.

CONSENT AGENDA:

The following items are incorporated into the consent and approved by a single motion of the Council.   On a motion by Councilmember Champeaux, seconded by Councilmember Seehuus, the consent agenda was approved as amended.  Champeaux – aye; Boucher – aye; Seehuus - aye; Flower – aye; Boyd – aye, abstained on the minutes.

  1. Minutes of the September 14, 2005 Council meeting as on file in the Office of the City Clerk.
  2. Vouchers #05-983 through 05-1035 in the amounts of $602,604.15 and payroll through September 9, 2005 in the amount of $67,003.40 to be drawn and paid on the proper accounts.
  3. Approval of Change Order 6 with Mosebrucker for the 1st Street I & I project for the cost of increase for asphalt.
  4. Interlocal Agreement with Snohomish County for Fleet Management Services.
  5. Set a joint Council/Planning Commission workshop for October 5, 2005 at 6:30 PM to review the draft Water, Sewer and Surface Water Management Plans.
  6. Excused absence of Councilmember Blair and Criswell from the September 28, 2005 Council meeting.

Public Hearing – 2005 Budget Amendments:

The public hearing on the 2005 Budget Amendments was opened by Mayor Tolson.

Laura Koenig, Clerk/Treasurer, discussed the budget amendments for the Cable Franchise renewal, Critical Area Ordinance, meters and software program for the Garbage fund and the Organization review.  The issue of the Police Department roof bids was briefly discussed. 

There were no public comments.

On a motion by Councilmember Seehuus, seconded by Councilmember Champeaux, the hearing was closed.  All ayes.

ACTION ITEMS:

Resolution 05-21 Parking Zones:  Connie Dunn, Public Works Director, reviewed the requested changes to the resolution.  On a motion by Councilmember Seehuus, seconded by Councilmember Flower, Resolution 05-21, Parking Zones, was adopted.  All ayes.

Resolution 05-24 Repeal Water/Sewer Availability Policy:  Staff prepared Resolution 05-24 in response to the Central Puget Sound Growth Management Hearings board ruling determining that it has jurisdiction over Resolution 05-08 which provides for a Water/Sewer Availability Policy. 

On a motion by Councilmember Flower, seconded by Councilmember Champeaux, Resolution 05-24 was adopted.  All ayes.

Roof Replacement Bids:  Laura Koenig reviewed the bid received for the water plant and police building roof replacement.  There is adequate funding and budget for the water plant, however, additional funding will be required to complete the police building roof.  It was recommend that the Council award the bid on the water plant and, subject to the contractor’s approval, award the bid on the police building after the budget amendment is completed.  On a motion by Councilmember Flower, seconded by Councilmember Champeaux, the Water Plant portion of the bid was awarded to All Weather Rooftop Solutions subject to their approval.  All ayes.

PUD Substation Conditional Use – Closed Record Hearing:  Mayor Tolson opened the Closed Record Hearing on the PUD Substation Conditional Use.  There were no objections to the Council participation in the hearing.

PUD Substation:

Staff:  Rick Cisar, Planning Director, advised that the Hearing Examiner held an Open Record Hearing on August 25, 2005 and considered a request from Snohomish County Public Utility District for a Condition Use Permit (CUP) to construct an Electrical Substation (“Wallace River Substation”) on property located at 140th Street S.E. and north of State Route 2.  The property is Zoned “HO” Highway Oriented which allows Electrical Substations as a Conditional Use with a minimum lot size of 0.5 acre. The Snohomish County Public Utility District No. 1 Application is File Number CUP05-002.  Based on the Findings of Fact, Principles of Law, Discusson and Conclusion the testimony and evidence submitted at the Hearing, the Hearing Examiner recommends approval of the Conditional Use Permit to construct an Electrical Substation (“Wallace River Substation”) subject to two conditions.  The Applicant, Snohomish County PUD No.1 was in agreement with the Recommendation and Conditions of Approval.  No requests for Reconsideration of the Application were received by the City on or before 5:00 p.m. September 12, 2005.                                                     

No comments were received. 

On a motion by Councilmember Seehuus, seconded by Councilmember Flower, the closed record hearing was closed.  All ayes.

PUD Substation Conditional Use – Resolution 05-25:  On a motion by Councilmember Seehuus, seconded by Councilmember Flower, Resolution 05-25 was adopted.  All ayes.

Prothman Group Contract:   On a motion by Councilmember Boyd, seconded by Councilmember Seehuus the matter was moved to the next Council meeting.  All ayes.

Ordinance 887-05 – Budget Amendment:   Laura Koenig reviewed the emergency budget amendment ordinance that will provide for funding to replace the roof on the Police Department.  On a motion by Councilmember Seehuus, seconded by Councilmember Champeaux, Ordinance 887-05 was introduced and passed on to a second reading.  All ayes.

DISCUSSION ITEMS:

Sewer Availability:  Connie Dunn presented an updated list of proposed projects and discussed the process for reserving connections.   Currently, developers are on a waiting list for connections as they become available.  Discussion was held on the time line to complete the sewer plant upgrades, reservation of commercial connections, impact of the I & I project on the sewer plant capacity and the need to create an ordinance to prohibit septic systems in the city limits.

PUBLIC COMMENTS

Josie Fallgatter:   Appreciates that the Council is looking at the sewer issue.  They filed an appeal because the policy did not make sense as nothing in the policy addressed the need for economic development.  Water service is available and the city can’t deny connections just because sewer is not available.  Need to restrict septic connections.

COUNCIL COMMENTS

Boyd:  Likes the concept of tying water and sewer together, however, if sewer is not available, deny water.

Mayor Tolson:   Thanked the Council for the time they have put into reviewing all the documents on the water and sewer plans.

Executive Session:  On a motion by Councilmember Flower, seconded by Councilmember Boyd, the Council adjourned to executive session for twenty minutes to discuss real estate acquisition.  All ayes.

Adjournment:  On a motion by Councilmember Flower, seconded by Councilmember Seehuus, the meeting adjourned at 9:40 PM.

                                                                                                                                                

                                                                        Benjamin Tolson, Mayor

                                                            

Laura J. Koenig, Clerk/Treasurer.