Audio and Summary - JUNE 8, 2006 COUNCIL MEETING
(Agenda Packet for this meeting in Word, Acrobat and html) & Minutes from this meeting

NOTES:

  • Although this audio is accurate and complete, for final "official" copies of all agenda, minutes, ordinances, resolutions or other actions, contac the city directly: 360-792-2231.)
  • All files in MP3 format, playable on Windows Mediaplayer or other MP3-compatible digital device.

 

 

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A LIABILITY WORKSHOP was held before the council meeting (by Roger Chamberlain of Cities Insurance Association of Washington) basically on the do's and don't's for public officials. Here is the handout.(Unfortuanately, this handout did not reflect the PowerPoint presentation, although most of the bullet points are included.)

  • Audio File A (9:38 min., 1.7 mb): Opening summary; civil rights, eployement, discrimination erros and omissions; ALWAYS follow city attorney's legal advice, always get legal opinion on employment protections, licensing and permits, zoning regs, etc.; council are "eyes and ears" of city government; when/if a problem is conveyed to council members, they need to report it.
  • Audio File B (11:51 min., 2.0 mb): Open Meetings Act....Wwhat consitutes a quorum?...Are dicussions of a quorum by phone or email a violtation of the Act?....If no action is taken is it a public meeting?....Definition of "Action" is broader than expected....Is videotaping or recording of a meeting a violation?....Executive sessions.
  • Audio File C (4:48 min., 847 kb): Use Legal Counsel for: All contracts (describe services in detail and describe and assign financial responsiblity of parties and clarify BOTH parties' potential liability). ALSO: Councils and mayors cannot do indirectly what they could not do directly (gave example of a council who wanted to fire the Police Chief, mayor wanted to keep, so the council cut his salary by 50%; chief quit, then sued and won).
  • Audio file D (9:03 min., 1.6 mb): Listed public officials' liability; legal council should review all ordinances ; council minutes should be reveiwed by counsel to ensure compliance; learn due process; define duties closely. TEAMWORK issues with city staff (learn their problems), and city staff learn council perspectives.
  • Audio File E (8:56 min., 1.6 mb): Questions and Answers; C/M Kristina Blair, "What constitutes a public meeting?"; Chamberlain stresses that "consensus-building outside a public meeting is 'dangerous'" and gives examples. C/M Jim Flower comments on CTED training where he discovered that discussions among majority of council members via email consistutes a quorum, thus, in violation of public open meetings act; definition of "consensus-building" by City Attorney Thom Graafstra is essentially "formulating decisions, and even if there are only three members, rather than four (i.e., a quorum), it is "borderline". Jim Flower question re liabilities from skateboard park injuries and C/M Blair re leash law/animal liabilities (Chamberlain, essentially: If you cannot enforce a leash law, you should get rid of it.)

HEARING:

Revisions to Multifamily Lot Sizes (making them smaller) (Agenda cover sheet and proposed ordinance, in Word, pdf): Letter by Jason Chambers of Barclays North dated 6/8/06 was entered into the record; testimony by Josie Fallgatter (former Sultan Planning Commissioner, who has filed several successful Growth Mgt. Hearing Board appeals against the City of Sultan; states Sultan is still not following its comprehensive plan -- why isn't this ordinance revision being given to the city's new Planning Board?), Loretta Storm, Craig Morrison of CMI (developer of Eagle Ridge and Stratford Place), Bart Dalmasso (former Sultan Planning Commissioner and real estate broker; he supports smaller lot sizes because Sultan is "running out of land"); Garth York (Sultan developer, supports smaller lots, "would be good"). AUDIO FILE A (9:43 min., 1.7 mb) and AUDIO FILE B (9:47 min., 1.7 mb)

COUNCIL MEETING:

File A (5:27 min., 960 kb): Pledge of Allegiance, changes to agenda and SPD presentation (see below, re Officer Berg's swearing in)

PRESENTATIONS:

Swearing in of SPD Officer Berg by Evergreen District Judge Clough (Audio included in above "File A")

File B (2:31 min., 443 kb) Presentation of $4,000 NRA grant to purchase defibrillator and portable battery pack for use by the SPD. The presentation was made by Jeff Daily, Field Rep for the Western Washington NRA. This grant was requested for and "lobbied" by Friends of the NRA commitee members Mark and Josie Fallgatter. Daily stated, "They fought hard" for the grant.

File C (1:26 min., 254 kb): Ackonowledge of Student Rep. Karsten Thot for his service to his School and the council.

File D (2:32 min., 447 kb): Distribution by Vicki Lubrin, County Animal Contract, of inforamtional packets.

File E (5:38 min., 977 kb): Presentation by Craig Morrison and Bruce Chatham of "Sustainable Merit" plaques to Mayor Tolson and Craig Bruner, re installation of pervious surfaces in Morrison's most-recent Sultan development, Stratford Place. Morrision stated this was the first time in the United States that pervious surface concrete has been used. It will assist in managing Sultan's stormwater management problem.

We also congratulate the Mayor and Mr. Bruner (and City Planner Cisar) for their forwarding thinking in this regard. Because pervious surfaces need periodic "vacuuming" to keep debris from clogging the "pores" of this material, which would render it uselss, or worse, cause ancillary problems re unwanted standing or flowing water, we wanted to know more. So we googled "pervious concrete." Here's one source: http://www.concretenetwork.com/pervious/index.html. Under the "Limitations" link it states: "While this thirsty pavement is an excellent option for certain situations, it may not always be a viable choice. We urge citizens to do their own research. If special vacuuming machinery is required for periodic maintenance (which we understand is the case), then either the HOA or the City must be prepared to purchase and use it.

"Because pervious concrete has a rough-textured, honeycombed surface, moderate amounts of surface raveling are normal. This can be a problem on heavily traveled roadways. “The main reason pervious concrete is not used for high-traffic pavements, such as highways, is surface raveling,” says Youngs, who notes that tire sheer can loosen the aggregate at the surface. One potential solution being looked at is to grind down the pavement surface about half an inch. Special attention must also be given to the overall design of the pavement system in order for pervious concrete to perform as intended. Proper engineering of the substrate beneath the pavement is essential, since it must be able to temporarily store the water while it percolates into the soil. An initial soils site survey and site-specific stormwater calculations should be performed by a stormwater management engineer."

PUBLIC COMMENTS:

  • File F (6:09 min., 1 mb) Kerry Ourada (Dyer Road resident) - Re concerns that PUD plat applications were accepted during the PUD moratorium (executing ordinance 884-05), specifically referencing Ramirez's Twin River Estates. Thus, that plat, and all other plat applications accepted during that moratorium, should undergo another Plat application completion process.
  • File G (4:37 min. , 813 kb) Garth York - City's proposed resolution is inconsistent with Hearing Examiner decision.

COMMENTS FROM COUNCILMEMBERS & MAYOR:

(File H, 6:54 min., 1.2 mb) Council member comments: Bruce Champeaux (re Stratefor place pervious surface; Slawson (Thanks to Vicki Lubin for appearing before council); Ron Wiediger (re pervious surface); John Seehuus (Thanks to all; echoed other council members' comments); Jim Flower ( Wants a clarification re the PUD moratorium; Graafstra mentions problems with letters of water/sewer availability. Flower question to Connie Dunn re action on relocating CT bus stop across from pharmacy. Expresses enthusiasm for erection of long-awaited Sultan entrance sign. Mentions sewer facility plan workshop June 13th conflicts with Gold Bar's WSDOT RDP open house, thus, will not be attending that function; he's put too many hours in the sewer facility issue and priority must be the sewer workshop, unfortunately.

(File I, 5:52 min., 1.0 mb) - Kristina Blair - Thanks to Kerry Ourada for speaking and comments. Thanks to U. S. 2 Safety Coalition volunteers, that subject is very important to all of us. Cisar not present when Garty York made his comments at Closed Record hearing. Student Rep Karsten Thot - Thanks for the opportunity to serve as student council member. Mayor Tolson - Thanks to John Seehuus for chairing (while he was vacationing in the Caribbean); expresses sadness for recent fatality of a Gold Bar girl (his daughter's best friend) on SR 522, and stresses safety is key.

STAFF REPORTS:

  • (File J-1, 8:05 min., 1.4 mb) - Fred Walser, SPD: Advises of Larry Marshall's accident, will be recuperating for 4-5 months, will make a major impact on service. Distributed to council a list of SPD's needs. Has asked Monroe police to help fill staffing gaps @ $30.00 pllus SPD @ O/T; will result in $10,943 fiscal impact. (File J-2,8:21 min., 1.5 mb) Release & sale of motorocyle to Mtlk. Terrace. Update on Skateboard Park progress; have received lots of voluneer help, including Tim Alberst, Gordon MacDonald, Langholt Construction, Craig Morrison. Connie Dunne offered that cement should be poured within a couple of weeks. Fred stated $50,000 was still needed in order to cmoplete. Re U. S. 2 Sfaety Coalition, Congressman Rick larsen has earmarked $500,000 for future improvements, highly unusual with having a pre-identified/targeted project. KOMO-TV ran a story yesterday. Will be expanding safety issue concerns into how continuing capacity problems negatively affect economic development health. Re Boys and Girls Club, he's fundraising for them, goal is to raise $1000.
  • (File K, 2:12 min., 388 kb) - Connie Dunn, Public Works - Congratulated the dedicated group working on the sewer facility plan; mentioned improvements to biosolids-handling equipment.
  • (File L, 2:30 min., 443 kb) - Donna Murphy, Grants, Ec. Development, School, etc. - Washington Utility Commisison, work on RR crossing; still has hoops to jump through.
  • (File M, 1:123 min., 212 kb) - Laura Koenig, Finance - Update on how installation and start-up of the Springbrook software system is progressing.
  • (File N, 3:23 min., 598 kb) Rick Cisar, Planning - Notihing to report. C/M Blair asks for prevoiusly-requested ordinance drafts. Cisar says there will be two different ones drafted. He can provide drafts but it may take 90 days.

CONSENT AGENDA APPROVAL (File O, 0:44 min., 131 kb) - All ayes

ACTION AGENDA ITEMS

  • Resolution 06-06 Steen Park (Part 1, P-1, 8:56 min., 1.6 mb; Part 2, P-2 7:32 min., 1.3 mb, Part 3, P-3 6:50 min., 1.3 mb ) C/M Blair statement "We have to be consistent," voted nay, all others voted aye.
  • (File Q, 2:31 min., 446 kb) - Resolution 06-07 Cascade Breeze (Same vote as above. Kudos to C/M Blair for her courage and leadership.)
  • (File R, 1:25 min., 250 kb) Ord. 925-06 Sewer facilty plan - all ayes
  • (File S, 0:41 min., 123 kb) Ord. 924-06 Planning Board Ordinance, 2nd reading - all ayes
  • (File T, 9:02 min., 1.6 mb) Appts. to Planning Board (11 candidates applied, 8 finalists [one withdrew]. Final appointments: Sara Davenport, George Schmidt, Kurt Latimore, Charles Van Pelt and Jeff Cofer. Mayor Tolson said he decided not to share his notes on interviews and decision as they would then be subject to the Public Disclosure Act.) All candiates unanimously approved.
  • (File U, 6:38 min., 1.2 mb) Ordinance 928-06 Code changes on Mutlifamily lot sizes (C/M K. Blair insightful comment that code changes seem to be done "piecemeal." C/M FLower and Seehuus expressed concerns about the changes related to its impact on bgrowth (Cisar's response not heard). C/M Blair asked whether process was circumvented, as previously claimed by citizens; Attorney Graafstra responds No, because at that time, the council was acting as its own Plng. Commission. [G.R.I.T. note: While technically correct, this is not true: based on previous statements in council meetings, the council NEVER performed any "actions" as its own plng. agency, except for those taken at its one and only March 21st meeting when it gave direction to the Planner Rick Cisar and Attorney Thom Graafstra to revisit ord. 924-06.]

DISCUSSION

PUBLIC COMMENTS

(File X, 6:33 min., 1.2 mb) L. Storm re Ramirez Twin Rivers plat hearing. Garth York, Attempts to correct Storm's statement; to Donna Murphy, would like a sign at Sportsman's Park. Kerry Ourada, Ramirez's Twin Rivers, Galt was clear that the PUD moratorium ordinance failed to include the information Cisar was stating it included. Statement re animal control.

COUNCILMEMBER COMMENTS

(File Y, 3:46 min., 664 kb) Most council members simply thanked everyone for coming and thanked Karsten Thot for serving.

Meeting adjourned at 9:30 PM

MINUTES FROM June 8th Meeting

(For official, approved minutes, always contact the City directly: 360-793-2231)

CITY OF SULTAN COUNCIL MEETING – June 8, 2006

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

Student Representative: Karstan Thot

 ADDITIONS TO THE AGENDA:

Consent:  Add excused absence of Councilmember Boyd

PRESENTATIONS

Police Department:  Judge Clough sworn in Officer Scott Berg into the position of Corporal.

 NRA Foundation:  Jeff Daily, Western Washington Field Representative, from the NRA Foundation presented the City with a check for $4,000 for a grant to purchase defribulators.

 Student Representative:  Mayor Tolson thanked Karstan Thot with a Certificate of Recognition (presented at the School Academic Awards Ceremony) for his service as the Student Representative to the Council.

 Animal Control Interlocal:  Vicki Lubrin, Snohomish County, discussed the proposed Interlocal for animal control services. 

 Craig Morrison – Stratford Place:   Craig Morrison advised that Stratford Place was the first development to use pervious concrete and they have received an award for leading the nation in new methods for storm water treatment.  Bruce Chattin, Executive Director, Washington Aggregates and Concrete Association, presented an award for Excellence in Concrete Construction for Stratford Place to the City.  Thanked the Council and staff for their work on innovative development.

 COMMENTS FROM THE PUBLIC

Kerry Ourada:   Advised that the city council passed a moratorium on PUD’s for a six month period and the Ramirez Estates plat was accepted during that period as well as four others.  All the accepted plats violate ordinance 884-05 and 890-05.  Asked how the city staff can ignore an ordinance that was passed by the council.  All the plats should go thru the process again as they all violated the ordinance. 

Loretta Storm:  Advised that the US 2 Safety Coalition web site is up and running.  Thanked staff for putting the city website and e-mail information on the agenda.  Advised that Community Transit will have a representative at the open house on Highway 2 to discuss service.  There is no criteria for providing service on the Sultan Basin Road area.

Garth York:  Thanked the council for tabling the resolutions on his plat while he was out of town.  Asked how the new resolution was brought forward as remanding it back to the hearing examiner was not discussed.  The reconsideration was denied and the Hearing Examiner said it could be approved if he met the level of service requirements.   The Council has known for a year that there was a problem and they knew these projects were in process and they did nothing.  In the Hearing Examiner reconsideration denial, it was suggested that the council address the problem. 

 COUNCILMEMBERS COMMENTS:

Champeaux/Wiediger/Seehuus:  Congratulated the city on the award for Stratford Place.  Mr. Morrison did a good job and put in a nice looking project that works well with the neighborhood.   

 Flower:   Asked staff if there was a PUD moratorium in place?  (Thom Graafstra, Attorney, advised that they will be reviewing the ordinance that deals with the moratorium on water/sewer commitment letters.) 

Asked for an update on the bus stop on the west side of town.  (Connie Dunn advised that they have a design and the maintenance crew from Monroe will be doing the work this summer.)

 Blair:  Thanked Mr. Ourada for his research on the PUD ordinance and noted that the council did except those plats that had water/sewer availability letters.   

Karstan Thot:  Thanked the Council for the opportunity to work with them this year.  Advised that he will be majoring in political science at William and Mary College.

 STAFF REPORTS:

Police:   Chief Walser advised that one of the Officers was injured in a motorcycle accident (off the job) and will be on leave for four months.  Advised that he will be requesting assistance from other agencies to provide Officers at $30 per hour to cover shifts.  Advised that motorcycle equipment has been surplused to Mountlake Terrace for $7400.  Volunteers are working on the skateboard park site development and they are still looking for grants to complete the project. 

Public Works:   Connie Dunn. Director, reminded the Council of the workshop on June 12th on the Sewer Facility Plan.  Advised that staff will be installing new auto read meters.

Grant Report:  Donna Murphy advised that they are working on the railroad crossing grant for Skywall Drive.  Contracts for the 2nd street sidewalks and lighted cross lights projects should be available soon. 

 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 Slawson, the consent agenda was approved as amended.  Champeaux – aye abstained on the minutes of May 25; Wiediger – aye; Slawson – aye; Seehuus – aye, abstained on items 2 and 3; Flower – aye; Blair – aye.

  1. Minutes of the May 25, 2006 Council meeting as on file in the Office of the City Clerk.
  2. Minutes of the May 11, 2006 Closed Record Hearing on Cascade Breeze PUD
  3. Minutes of the May 11, 2006 Closed Record Hearing on Steen Park PUD
  4. Vouchers #06-482 through 06-509 in the amounts of $25,850.32 and payroll through May 19, 2006 in the amount of $55,776.77 to be drawn and paid on the proper accounts.
  5. Change regular scheduled meeting of June 22, 2006 to June 15, 2006.
  6. Excused absence of Councilmember Boyd.

ACTION ITEMS:

Resolution 06-06 – Steen Park:  Rick Cisar presented two resolutions for consideration, one approving the Steen Park and the other accepting the Hearing Examiner’s recommendation and remanding the Steen Park application back to the Hearing Examiner.  Thom Graafstra, City Attorney, advised that the Hearing Examiner conducts an open hearing and makes a recommendation to the City Council, the City Council accepts, rejecting, conducting its own public hearing or modifies the decision.  The Hearing Examiner’s decision was to deny the application but to allow the applicant the opportunity to supplement the record to show concurrency.

Garth York, applicant, advised that he does not feel that the resolution reflects what the council directed

His offer to provide mitigation was in the record and developer agreements are done following final plat approval.

Discussion was held regarding the offer to pay mitigation for police services, lack of written agreement,

compliance with city codes and the comprehensive plan, proper process, the need to deal with the level of service for police and the need to be consistent with future developments. 

Resolution 06-06:  On a motion by Councilmember Champeaux, seconded by Councilmember Seehuus, Resolution 06-06 moved to adopted.  Vote:  Blair – nay; Flower – aye; Seehuus – aye; Wiediger – aye; Slawson- abstain; Champeaux - aye

 Resolution 06-07 – Cascade Breeze:   Rick Cisar presented the two resolutions for consideration.

On a motion by Councilmember Champeaux, seconded by Councilmember Flower, Resolution 06-07A was adopted.  All ayes except Councilmember Slawson who abstained and Councilmember Blair who voted nay.

 Ordinance 925-06 – General Sewer Plan:  On a motion by Councilmember Champeaux, seconded by Councilmember Slawson, Ordinance 925-06 amending the General Sewer Plan was adopted.  All ayes. 

Ordinance 926-06 – Water System Plan:  On a motion by Councilmember Seehuus, seconded by Councilmember Champeaux, Ordinance 926-06 amending the Water System Plan was adopted.  All ayes. 

Ordinance 924-04 Planning Board:  On a motion by Councilmember Flower, seconded by Councilmember Blair, Ordinance 924-06 establishing a Planning Board was adopted.  All ayes.

Planning Board Appointments:  Mayor Tolson presented the list of applicants for the Planning Board and recommended appointments of Jeff Cofer and Charles Van Pelt to one year terms and Kurt Latimore, Sarah Davenport-Smith and George Schmidt to two year terms. 

On a motion by Councilmember Flower, seconded by Councilmember Seehuus, was Sarah Davenport Smith appointed to a two year term on the Planning Board.  All ayes.

On a motion by Councilmember Seehuus, seconded by Councilmember Blair, was Kurt Latimore            appointed to a two year term on the Planning Board.  All ayes.

On a motion by Councilmember Flower, seconded by Councilmember Blair, George Schmidt was          appointed to a two year term on the Planning Board.  All ayes.

On a motion by Councilmember Wiediger, seconded by Councilmember Slawson, was Charles Van Pelt            appointed to a one year term on the Planning Board.  All ayes.

On a motion by Councilmember Flower, seconded by Councilmember Slawson, Jeff Cofer was  appointed to a one year term on the Planning Board.  All ayes.

 Ordinance 926-06 Development Regulations:  Rick Cisar advised that a hearing was held prior to the Council meeting and reviewed the setback requirements.   Brief discussion was held on lot density and the process used for the amendment.  On a motion by Councilmember Wiediger, seconded by Councilmember Champeaux, Ordinance 926-06 was introduced and passed on to a second reading.  All ayes except Councilmember Flower who voted nay.

  DISCUSSION ITEMS:

Animal Control:  Discussion was held regarding the information presented by the county and need to do additional review.  The regional licensing program and micro-chipping was discussed.  Staff has drafted a job description for animal control and it was recommended that the Personnel committee review the criteria and bring the matter back to the council. 

 PUBLIC COMMENTS

Loretta Strom:   Advised that the audio on the Twin River project is available on her web site and the Hearing Examiner did question staff on the moratorium. 

Garth York:  Thanked the council for their support on his projects.  Thanked Karsten Thot for his work with the council and school committee. 

Kerry Ourada:  Noted that the Hearing Examiner’s interpretation was that there were no exceptions for PUD’s during the moratorium.  He and his wife do animal rescues and would like to see the city increase fines and look at micro chips for pets. 

 COUNCIL COMMENTS

Councilmembers thanked Karstan Thot for his work as the Student Representative to the Council and they also welcomed the new Planning Board members. 

 Adjournment:  On a motion by Councilmember Slawson, seconded by Councilmember Champeaux, the meeting adjourned at 9:30 PM.