Audio and Minutes
June 15, 2006 Council Meeting & Skoglund Estates in-Council Closed Record Hearing

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 software.

 

(Links to our recorded digital audio have been placed within the City's draft Meeting Minutes)

MINUTES JUNE 15, 2006 COUNCIL MEETING

Audio File (meeting opening, Pledge of Allegiance, Changes to agenda.

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, and Blair.

Absent: Boyd.

CHANGES/ADDITIONS TO THE AGENDA:

Discussion:  Add animal control.

 PRESENTATIONS:

Dave Hellman (754 kb, 4:17 min.):   Mayor Tolson recognized Dave Hellman for his Presidential Award for Volunteer Service and congratulated him on his achievement. 

 Tami Lynn 962 kb, ( 5:28 min.); Chief Walser and Mayor Tolson presented a certificate of recognition to Tami Lynn for her assistance to the Police Departments in capturing the bank robber who hit the Bank of America in Sultan.

[Note: Unmentioned item in City's minutes (audio file B, 286 kb., 1:31 min.): Mayor Tolson's drawing/raffle of Mariner's tickets; part of skateboard park donation.]

 COMMENTS FROM THE PUBLIC

Kerry Ourada (Audio File C-1, 2:18 min., 407 kb):   Expressed concern over city staff ignoring the PUD ordinance and the applications that were accepted during the moratorium.   Provided a packet of information regarding the PUD moratorium and information from the plat hearings.  The City must follow the ordinances as passed.

 Randy Oesch (Audio File C-2, 2:54 min., 512 kb):  The Council will be making important decisions on the Sewer plant soon that will impact everyone in the city and they should not bet taken lightly.   Everyone needs to work together and should review the materials.  The City will be spending millions of dollars and he was disappointed that not all the council members attended the recent workshop.

(Audio File C-3, 2:38 min., 435 kb):

  •  Donna Marshal:  Representing the downtown merchants encouraged the Council to make the 5th  and Main Street intersection a four way stop to prevent accidents and to eliminate the need to take away parking.
  •  Loretta Storm:   Noted that the city web site looks great.  Advised that she has the Sewer Facility plan workshop on CD for anyone who would like to listen to the presentation. 

 COUNCILMEMBERS COMMENTS:

Blair (File D-1, 2:52 min., 507 kb):  Understands Mr. Ourada’s concerns about the PUD ordinance and she will read the information provided.  The workshop on the Sewer Facility was very informative and this will be a huge financial decision for the city. 

Flower: (Audio File D-2, 3:20 min.) Advised Mr. Ourada that he will review the material and make sure a proper decision is made.  Advised that he will look into the 5th Street intersection issue. [G.R.I.T. NOTE: brief comments by John Seehuus and Ron Weidiger were omitted.)

 Champeaux: (Audio D-2-a3, 528 kb., approx. 3 min.) Requested that staff review the information provided by Mr. Ourada. [G.R.I.T. NOTES: breif comment by Steve Slawson was omitted.]

 STAFF REPORTS:

Police Department: (Audio File E, 3:34., 628 kb) Chief Walser advised that there were some minor problems at the Middle School at the end of the school year.  There is an increase in people living in abandoned homes and he encouraged everyone to call 911 if they see people around the empty buildings.  The Highway 2 Safety Coalition has $1.5 million earmarked for safety improvements. 

Public Works:

(Audio file F-1, 3:21 min., 591 kb) Connie Dunn provided handouts on the Sewer Facility workshop and advised that the Department of Ecology would like the City Council to do preliminary approval of the plan prior to sending it to them.  There is a problem with the power poles on the Sultan Basin Road project that has caused a delay in the paving.

[G.R.I.T. NOTE: There was a comment by Steve Slawson, a copliment, about recent washing by "someone" of signs (Audio File F-2, 3:59 min., 703 kb)

(Audio file F-3, 3:07 min., 550 kb) Mayor Tolson advised that the city has received a $1000 donation for stripping the sidewalks.  

 Grants:  (Audio File G, 3:33 min., 625 kb) Donna Murphy advised that the city received a scholarship from the CIAW for the AWC conference.  The City/School Committee is looking into a School Resource officer, moving the siren, an emergency drill and is working with PUD on the siren system replacement. 

 SKOGLUND CLOSED RECORD HEARING (AUDIO of this hearing on separate G.R.I.T. webpage, and a summary, which also includes the audio of the Galt April plat application hearing, his decision and other documents.)

Skoglund Estates Preliminary Plat and Planned Unit Development:  The Public meeting and Closed Record Hearing on the Skoglund Estates preliminary Plat and PUD was called to order by Mayor Tolson. 

Councilmembers present:  Champeaux, Wiediger, Slawson, Seehuus, Flower, Blair.

There were no objections to the Council participation.     

Staff:

Rick Cisar, Community Development Director, presented the following exhibits for the record:

  1. April 17, 2006 Staff Report and Recommendation
  2. May 2, 2006 Hearing Examiner Recommendation
  3. May 12, 2006 Applicants Motion for Reconsideration
  4. May 15, 2006  Hearing  Examiner Order Denying Reconsideration
  5. May 18, 2006  Staff Memo to Hearing Examiner - Transit Interpretation
  6. May 25, 2006  Applicants Appeal of Hearing Examiners Decision Denying Motion for Reconsideration
  7. April 10, 2006  Preliminary Plans Skoglund Estates (16 Sheets)
  8. Letter from Josie Fallgatter dated June 8, 2006
  9. Letter from Ron Kraut dated June 8, 2006

 Skoglund Estates Preliminary Plat and Planned Unit Development and Preliminary Plat Application File Number No. FP-PUD-05-005

The Hearing Examiner held an Open Record Hearing on April 25, 2006, and considered a Request for Reconsideration on May 12, 2005 for the Skoglund Estates Preliminary Plat and Planned Unit Development– File Number No. FP-PUD-05-005.  Based on the Findings of Fact, Principles of Law, Discusson and Conclusions  the testimony and evidence submitted at the Hearing, the Hearing Examiner’s site visit the Examiner RECOMMENDS that the Skoglund Estates Planned Unit Development (PUD) be DENIED and that the Skoglund Estates Preliminary Subdivision be RETURNED TO THE APPLICANT FOR MODIFICATION as necessary to meet approval criteria and to demonstrate compliance with Section 16.10.110 (B) (2)(d) regarding Transit and Chapter 16.108 SMC, Concurrency Management System, regarding Police Services and Parks, Recreation, and Open space.  The Hearing Examiner, on Page 3  beginning with Findings  #3 through # 9 reviews Police Level of Service (LOS) and on page 6, beginning with Findings #10 through #16 reviews Park, Recreation and Open Space Level of Service (LOS).  On page 7, the Hearing Examiner in Findings #17 # 18 reviews Planned Unit Development (PUD) Locational Requirements for Transit.

The CONCLUSIONS of the Hearing Examiner for Concurrency-Generally  begin on page 13 #1 through #7, Concurrency–Police Services, page 15, # 8 through #11, Concurrency-Parks, Recreation, and Open Space page 15, # 12 through #16.  Conclusion #17 provides a Concurrency-Summary.

The CONCLUSIONS for PUD Locational Criteria (Transit) begin on page 16, with #18 through # 22 and Summary #23.

On May 12, 2006, the Applicant submitted a Reconsideration Request to the Hearing Examiner requesting Reconsideration of his May 2, 2006 Decision. The Hearing Examiner on May 15, 2006 Denied the Request for  Reconsideration and reaffirmed the Recommendation issued on May 2, 2006.

Staff, as noted in the attached  May 18, 2006 memo to the Hearing Examiner does not concur with the Hearing Examiner’s conclusions regarding SMC 16.10.110(B)(2)(d). The language in this Section certainly may leave it open to interpretation and in this instance has led to different conclusions by the Hearing Examiner, the Applicant and Staff.  Unfortunately, Staff’s written interpretation could not be submitted as part of the Reconsideration Request by the Applicant.                                            

Therefore, the City Council has the option to follow (1) the (Hearing Examiner’s Recommendation; (2) the Applicants request (page 6 of Appeal); or (3) to Approve or Deny the request based on the Council’s own set of Findings and Conclusions.  To assist City Council in their evaluation of this project and the Recommendations, Staff has attached the April 15, 2006 Staff Report that provides a projection.                   

Based on the information provided at the Meeting/Hearing either:

1.   Acceptance of the Hearing Examiners May 2, 2006 Recommendation Denying the Skoglund Estates Planned Unit Development and Preliminary Subdivision and return to the Applicant for modification as necessary to meet Approval criteria for Transit and  compliance with Concurrency Management for Police Services and Parks, Recreation and Open Space.

 2.  Acceptance of the Applicant’s analysis and Staff’s interpretation of SMC 16.10.110(B)(2)(d) Transit and find the project compliant. Find the project meets the Park, Recreation, and Open Space LOS based on the recent acquisition of Park and Open Space properties. Approve the project subject to a Condition that Police Concurrency be in place concurrent with the impacts of the development, or, in the alternative reopen the record to allow introduction of evidence on the Council’s action taken to address the Police LOS issue.

3.  Approve or deny the request based on City Council’s own set of Findings and Conclusions.                         

 Applicant:   Patrick Mullaney, Attorney for the Applicant reviewed a brief discussing the transit issue, park concurrency and police level of service.  The city staff and the applicant agreed that a PUD on the property made sense due to the wetlands.  48 units on 20 acres will be low density. 

The Hearing Examiner denied the appeal based on the level of service for police and has referred the issue to the Council to take action.  The code requires that transit serviced be in the proximity and does not provide a definition of the distance.  The developer has agreed to enter into an agreement to provide interim funding to meet the police level of service.

Discussion: 

Council discussed the trail system and maintenance; access for emergency vehicles; transit routes and future bus stops; the Hearing Examiner’s recommendation; compliance with the codes; revenues generated versus services required and park access.  Further discussion was held regarding the options the council has for approval or denial. 

 Public input

Josie Fallgatter:   This is a good development but disagrees with the process the city followed.  The city did a Band-Aid fix by annexing park property that is not open to the public and is not accessible.  The code must be followed and that did not happen when the park annexation was done.  The Hearing Examiner noted that 1.5 miles is further than a normal person would walk to catch a bus and therefore the transit issue has not been addressed.    The city is not following the proper process for an appeal.  The council needs to take action and then any appeal is to the court.  In

regards to the decision on the last development, the code says land use development permit shall be granted by city upon recommendation of the Hearing Examiner.  How can a permit be issued if it is not based on the recommendation?  The city is asking for dedication of the trails system to meet concurrency requirement but is taking on the maintenance of lands that homeowners would be responsible for. 

 Tim Albers:  Thanked the council for making the land near the water plant available to the public as it is used all the time by residents in the area.  In favor of more rooftops as the city needs development to generate sales tax.   The trail system will make it safer for people to walk from the park and ride area to the bus stop. 

 Loretta Storm:   The maintenance of trails was up to homeowners and this plat will make the city responsible.  The Homeowners Association should retain control and pay the cost to maintain trails.  The code is vague and that is why the Hearing Examiner had a problem with the transit issue.  Community Transit will not provide service to the area in the near future and the access to the bus stop is dangerous.  She is not against the development but the codes need to be consistent. 

 Tom Green:   Commented that the city needs development for service – without people, the bus will not go up to the area.  Need to get houses built to get service.   The Developer has done a great job and he supports project.

 Paul Tortorise:  This is a good project and the developers will be putting in sidewalks for people.   The City is doing a good job on developments.

 On a motion by Councilmember Slawson, seconded by Councilmember Seehuus, the Closed Record Hearing was closed.  All ayes.

CONSENT AGENDA (Audo File K, 0:52 min., 156 kb):

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 presented.  Champeaux – aye; Wiediger – aye; Slawson – aye; Seehuus - aye; Flower – aye; Blair – aye. 

  1. Set Public Hearing on the 6 Year Street Program for July 27, 2006 at 6:30 PM.
  2. Set Public Hearing on the Sewer Facility Plan for July 13, 2006 at 6:00 PM.
  3. Set Public Hearing on Park Impact Fees for July 27, 2006 at 6:00 PM.

 ACTION ITEMS:

Ordinance 928-06 Development Regulations (Audio File L, 1:55 min., 338 kb):  On a motion by Councilmember Champeaux, seconded by Councilmember Seehuus, Ordinance 928-06, Development Regulations, was adopted.  All ayes, except Councilmember Flower who voted nay.

 Voucher Approval (Audio File M, 1:22 min., 244 kb):  On a motion by Councilmember Seehuus, seconded by Councilmember Blair, Vouchers #06-510 through #06-575 amounts of $154,826.85 and payroll through June 2, 2006 in the amounts of $96,069.94 were approved to be and drawn on the proper accounts.  All ayes.

On a motion by Councilmember Slawson, seconded by Councilmember Blair, the Finance Committee was authorized to approve voucher for payments prior to the next meeting to insure timely payment on accounts.  All ayes except Councilmember Champeaux who voted nay.

 Sultan Basin Road Change Order (Audio File N, 3:06 min., 609 kb):  Connie Dunn reviewed the change orders that amount to $16,059.25.  On a motion by Councilmember Flower, seconded by Councilmember Seehuus, the change order on the Sultan Basin Road project was approved and the Mayor was authorized to sign the binding letter of agreement with Snohomish County.  All ayes.

 Interlocal Agreement – Police Services (Audio File O, 3:06 min. 548 kb):  Chief Walser reviewed the proposed Interlocal agreement with the City of Monroe to provide police services and advised that it was amended to limit the time frame to ten days.  On a motion by Councilmember Seehuus, seconded by Councilmember Blair, the Interlocal Agreement with the City of Monroe for police services was approved and the Mayor was authorized to sign.  All ayes.

 Surplus Equipment (Audio File P, 6:56 min. 1.2 mb):  Chief Walser reviewed the list of four motorcycles and three police cars to be surplused.  On a motion by Councilmember Seehuus, seconded by Councilmember Flower, the Police Department was authorized to surplus four motorcycles, three cars and motorcycle equipment.  All ayes.

On a motion by Councilmember Blair, seconded by Councilmember Flower, the bid from Mountlake Terrace for purchase of police equipment for $7,414.21was accepted.  All ayes. 

Contract with Murphy Auction Yard (Audio File Q, 0:33 min., 100 kb):  On a motion by Councilmember Slawson, seconded by Councilmember Wiediger, the Mayor was authorized to sign a contract with Murphy Auction Yard to sell surplus vehicles.  All ayes.

 DISCUSSION ITEMS:

5th Street Intersection (Audio File R, 15:05 min., 2.6 mb) :  A petition from the downtown merchants was received requesting that the intersection at 5th and Main be changed back to a 4 way stop and that the parking spaces be left for customer use.  Connie Dunn discussed the safety and parking issues at the intersection. 

Discussion was held regarding the access to the light by citizens and the school buses, elimination of parking, sight problems, safety issues, and the potential for accidents.  It was recommended that the City/School committee and the Public Works committee review the issue and provided input for the Council.

 Skoglund Closed Record Hearing (Audio File S, 8:31 min., 1.5 mb):   Thom Graafstra, City Attorney, advised that in accordance with city code, the Council must make a decision on the appeal within fifteen days.  The Council option is to make a decision tonight or hold a special meeting within fifteen days.

On a motion by Councilmember Champeaux, seconded by Councilmember Wiediger, a special meeting was set for June 29, 2006 at 7:00 PM for the purpose of considering the Skoglund Estate Plat.  All ayes.

 Comprehensive Plan Amendments (Audio File T, 15:20 min., 2.7 mb; includes "concurrency" item below):  Rick Cisar discussed the two proposed ordinances which would provide amendments to the comprehensive plan section on the level of service for police.   Discussion was held on the requirement to include LOS for police in comp plans, methods of calculating the LOS to include in the plan, developer mitigation offers, required public process and the need for citizen input.  Staff was directed to send the ordinances to the Planning Board for review. 

 Concurrency – Amendment to Code (Note: The audio for this item is included in File T, above);  Rick Cisar advised that the amendment has been reviewed by CTED and the Planning Board can review the ordinance and send it back to the council for action.

 Stop the Clock (10:00 PM):  Councilmember Champeaux moved to stop the clock for fifteen minutes, seconded by Councilmember Wiediger.  All ayes

 PUBLIC COMMENTS (Audio File U, 6:30 min., 1.4 mb)

Josie Fallgatter:   Thanked Councilmember Flower for pushing for the public participation process.  In regards to the PUD moratorium, the water and sewer letters were good for 45 days and the resolution provided that property owners who letters could be processed, however, the applications were not submitted timely.   A plat checklist would help the process.  The proposed changes to the Comp Plan are not emergencies and the problem did not come up suddenly.  The Settlement agreement addressed the need to fund cops.  The comp plan amendments lists Level of service as an issue.  The process needs to be done as a whole and the city needs to look at the whole picture.  There is no long term thinking or planning and this is not fair to the public.  The city is putting out fires for errors by the city staff who issued the letters of concurrency.  The council needs to tell the public how the lowering of the level of service will impact them.

 Paul Villwock:   Thanked the council for scheduling a special meeting for the Skoglund plat.  Noted that the council can enter into developer agreements for infrastructure and service and can make the change retroactive to apply to those applicants. 

Loretta Storm:   Asked how you access the 35 acres next to the water shed.  Asked if the city has decided to eliminate the annual docketing process.  The ordinances on the level of service should be part of the docketing..

 COUNCIL COMMENTS (Audio File V, 4:00 min., 646 kb)

Blair:   The city needs rooftops for revenue, but also needs a major retailer to generate tax funds.  No long term strategic thinking is being done and the legal budget for the year has been spent defending city actions.  Need to stop putting out fires and do things right.

 Mayor:  Advised that the access for water plant area is thru trails and along the power line.  Docketing for the comp plan was done last year.

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

 Adjournment:  On a motion by Councilmember Blair, seconded by Councilmember Weidiger, the meeting adjourned at 10:20 PM.