AUDIO & SUMMARY/MINUTES:
City of Sultan Council Meeting - November 21, 2006

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Gerry Gibson (Audio File B-1, 3:30 min., 618 kb) : Feels like a broken record but the City had a hearing on the Capital Facility Plan and no one knew about it. Details of the plan were not presented at the hearing. There were business owners and citizens that were upset about the critical area ordinance and they did not know there was a hearing until the day of the meeting. The communication from the city is not working and people don’t trust city hall because of the lack of notification on issues. The city needs to notify people beyond the 300 feet required by code. People need to get involved and they won’t if they don’t know about the meetings.

Josie Fallgatter (Audio File B-2, 4:41 min., 824 kb; also includes Storm cmts.): The city is required to have a minimum level of service in the Capital Facility Plan and they need to determine if they can meet the level of service identified. The park level of service is “screwy” and needs to be corrected. If the city can’t provide the levels of service listed, then they need to change the codes and tell the public why they are changing it. They must provide adequate public notice to change the LOS and let the citizens know what they can expect for service. Ignoring the problem or trying to hide it somewhere in the codes won’t work – need to fix the problem.

Loretta Storm (Audio of Storm statement included in File B-2, above, following Fallgatter's cmts.): Welcomed Deborah Knight as the new City Administrator. Public participation and legal notice is a challenge for the city. In regards to the Ramirez hearing, asked if any of the parties of record have been notified of the hearing. Were the parties of record for the Hammer hearing notified? If not, there is potential legal problem for the council.

 Flower (Audio File C-1, 4:00 min., 706 kb): Appreciates Mr. Gibson’s comments and agree that steps need to be taken to notify the public about meetings. He makes a valid point and citizens should not be  surprised about things that impact them. Advised that the Snohomish Health Board has hired Dr. Frickman as the new Director and that they will be expanding their programs next year.

Blair (Audio File C-2, 3:23 min., 598 kb; also includes B. Champeaux's cmt.) : Upset about the issues involving public notices. The Council sets policy for notification and all parties of record should receive those notices. The City has tried different methods to provide notice of hearings to the public.

Champeaux (Audio included in above File C-2): Would like to see language regarding levels of service included in the codes.

Slawson (Audio File C-3, 9:20 min., 1.6 mb; includes audio of all discussions below re public notice issues): Thanked staff for providing the update on follow up on citizen comments.

Mayor Tolson (Audio in included in File C-3, above): Will check with the staff on the distribution of the notices for the hearings. Mailing notices to property beyond the 300 foot radius would be a policy decision that the council would need to consider. The city post notices on the utility bills, cable channel and the web site.

Rick Cisar (Audio in included in File C-3, above) advised that the applicant must provide notification to property within 300 feet and post the property and that parties of interest and parties of record are also notified. Parties of interest get notice of the meetings and parties of records get copies of the decisions.

Loretta Storm (Audio in included in File C-3, above): Advised that if someone does not sign in at the hearing, they don’t get a copy of the decision. All those who testified are parties of record.

Gerry Gibson (Audio in included in File C-3, above): People are interested and he delivered notices for the Ramirez hearing because the city did not require everyone to be notified.

Thom Graafstra (Audio in included in File C-3, above), City Attorney advised that there is a difference between the legal requirements and what people feel should happen. The Council can set additional notice requirements by amending the code.

 Mayor (File D-1, 1:52 min., 331 kb)

Mayor Tolson introduced and welcomed Deborah Knight as the new City Administrator.

 Public Works:

(Audio File D-2, 6:25 min., 1.1 mb) Connie Dunn, Public Works Director advised that the Sultan Basin Road will be open on December 1. (Audio File D-3, 9:44 min., 1.7 mb Randy Oesch, Waste Water Plant Operator, provided a report to the council on the flood damage to the sewer plant and the process to bring the plant back to normal.

Grants (Audio File D-4, 6L51 min., 1.2 mb)

Donna Murphy, Grants Coordinator, advised that the City has received a million dollar loan offer from PWTF for the sewer plan design work. The bid documents for the CDBG park grants are in final review.

 Finance:

(Audio File D-5a, 6:44 min., 1.2 mb)Gordon Hey, Interim Finance Director, advised that his last day will be on November 30th. A report on the General fund contingency and reserve funds was provided to the Council. It was recommended that two separate funds be created instead of using sub funds within the General  Fund. The Council needs to determine if they want to use a specific dollar amount or a percentage of projected revenues.(Audio File D-5b, 6:04 min.,1.0 mb, re C/M Blair question) Brief discussion was held on the revenue source for the reserves, how the funding will be achieved and use of the funds.

Mayor Tolson thanked Gordon Hey for his service to the City this year.

[G.R.I.T. NOTE RE CHIEF FRED WALSER'S REPORT (Audio File D-6, 1:00 min., 169 kb): The Chief gave brief statements re testing for laterals, and brield statement re U. S. 2 Safety Coalition. This was missing from the City's Minutes.]

 Planning (Audio File D-7, 1:02 min, 184 kb):

Rick Cisar, Community Development Director, advised that staff is working the Shoreline Master Plan and will be bringing the ordinance and document to the Council in January.

 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; Slawson – aye; Seehuus - aye; Flower – aye; Blair – aye.

 1. Minutes of the November 9, 2006 Council meeting as on file in the Office of the City  clerk.

2. Minutes of the November 9, 2006 Public Hearing on Sewer connection fees.

3. Vouchers and payroll through October 6, 2006 in the amount of $164,171.09 to be drawn and paid on the proper accounts.

4. Minutes of the October 26, 2006 Council meeting as on file in the Office of the City Clerk.

5.. Excused absence of Councilmember Boyd from the November 21, 2006 Council meeting

 Rick Cisar, Community Development Director, presented the staff report. The applicant has requested that the Hearing Examiner’s recommendation on the Hammer PUD be forwarded to the Council for action and that the Council accept the recommendation and remand the matter back to the Hearing Examiner. Site is 34 acres that will be developed with single family residential units and commercial development at a later date.

 Public Comments (Testimony)

 Josie Fallgatter: If the Hearing Examiner has recommended that the application be denied with prejudice, why are they remanding it back to the Hearing Examiner? Encouraged the council to adopt the Hearing Examiner’s recommendation and deny the application and send it back to applicant for modification. Asked if there will be a new vesting date? Prior applicants were allowed to change the vesting date to accommodate their needs. The Vodnick application was not substantially modified and they were allowed to change the vesting date. The city is not consistent in their treatment of applicants. Requested that the city add her as a party of record.

 Discussion:

Rick Cisar advised that there are no substantial changes in the application so there will be no change in the vesting date. Councilmember Blair noted that the Hearing Examiner’s recommendation is to deny without prejudice. Asked why the resolution is to remand it back to the Hearing Examiner instead of sending it back to the applicant.

Thom Graafstra, City Attorney, advised that the Hearing Examiner makes a recommendation and the Council can accept, deny or send back the applications. The Resolution is to remand it back to the Hearing Examiner to allow the applicant to amend the application.

 The closed record hearing was closed.

 On a motion by Councilmember Champeaux, seconded by Councilmember Blair, Resolution 06-16 remanding the matter back to the Hearing Examiner was adopted. All ayes.

 Council Retreat: Mayor Tolson requested that the Council consider possible dates in January 2007 that they would be available for the Council retreat. A date, location and agenda will be set in early January.

:Loretta Storm: Thanked Cyd Donk, Permit Tech, for her help in downloading the Capital Facility Plan in a readable format.

 Blair: Clarified her comments on public notices as she did not want it to appear that the staff is not doing their job. The City needs to find a way to let the public know where they can get information on meetings and hearings. Executive Session: On a motion by Councilmember Seehuus, seconded by Councilmember

NOTES ON OUR DIGITAL RECORDING AND FILES:

• This audio is accurate and complete. However, we urge that people contact the City directly to obtain the final agenda, and certified minutes, ordinances, resolutions or other documents: City Clerk Laura Koenig 360-793-2231. If you receive the automated message, you can bypass it and go directly to her voicemail by pressing "2" and then the pound (#) sign.
• As of the October 26, 2006 council meeting, the city began recording meetings using a Morantz MP3 digital recorder, which has records directly from the microphones to the recorder, thus, clearly than the audio we present here, with is captured from "room" sound from a microphone located near the podium. If you wish to secure a copy of the City's audio, contact Clerk Koenig.
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