April 27, 2005
6:30 PM Public
Hearing - Street [easement] Vacation
CALL
TO ORDER - Pledge of
Allegiance and Roll Call
CHANGES/ADDITIONS TO THE AGENDA
COMMENTS FROM THE PUBLIC: Citizens are requested to keep comments to a
3 minute maximum to allow time for everyone to speak.
COUNCILMEMBER COMMENTS
STAFF REPORTS/PRESENTATIONS
1) Grants
2) Police Department
3) Public Works
4) Student Representative
CONSENT AGENDA: The following items are incorporated into
the consent agenda and approved by a single motion of the Council.
1) Minutes of the April 13, 2005 regular Council
meeting.
2) Approval of Vouchers
3) Interlocal Agreement with
4) HVAC for Police Department
ACTION ITEMS:
1) Resolution 05-08 Water/Sewer Availability
2) Ordinance 877-05 - Street Vacation
3) Real Estate Acquistion (following executive
session)
DISCUSSION: Time
Permitting
1) Wild Sky Proposal - Workshop
PUBLIC COMMENT
COUNCILMEMBER RESPONSE TO PUBLIC COMMENTS
Executive Session: Potential Litigation and Real Estate
Acquistion
Adjournment - 10:00 PM or at the conclusion of Council
business.
SULTAN CITY COUNCIL
AGENDA ITEM COVER SHEET
Date: April
27, 2005
Agenda Item #: Consent
C 1
SUBJECT: Council minutes
CONTACT PERSON:
Laura
Koenig, City Clerk/Treasurer
SUMMARY STATEMENT:
Attached
are the minutes of the April 13, 2005 public hearing on the Snohomish County
Hazard Mitigation plan and the regular Council meeting as on file in the Office
of the City Clerk.
RECOMMENDATION: Approval as submitted.
Action Date:
COUNCIL ACTION:
1627-05
Public Hearing –
The
public hearing on the Snohomish County Natural Hazard Mitigation Plan was
opened by Mayor Tolson. Councilmembers
present: Criswell, Seehuus, Flower,
Blair, Boyd, Champeaux (arrived late).
Staff Report:
Craig
Bruner, Building Official, provided a staff report and reviewed the executive summary
provided in the plan. The City is a
part of a coalition of local jurisdictions that participated in the preparation
of the plan. The Coalition organized
resources, assessed risks, developed the mitigation plan and planned for the
implementation. The citizens should
benefit from the efforts by reduced costs for flood insurance.
Discussion:
The
Council discussed future dikes, base flood elevations, areas eligible for
potential funding, FEMA buyouts of flood prone property, the impact on
endangered species of fish and the projected growth in the area.
Craig
Bruner advised that the federal government does not support dikes as flood
control due to the failures in other parts of the country that have caused
major disasters. The plan will help identify
property eligible for buyout and applications will be submitted as funds are
available.
Public Input:
None
On
a motion by Councilmembers Seehuus, seconded by Councilmembers Criswell, the
hearing was closed. All ayes.
Benjamin
Tolson, Mayor
Laura
J. Koenig, Clerk/Treasurer
1628-05
CITY OF
The
regular meeting of the Sultan City Council was called to order in the
COMMENTS FROM THE
PUBLIC
Laura
Fox: Invited everyone to the One Hundred Years in
Sultan Art Fair. The Art Fair is geared
towards the next 100 years and the pictures will be displayed at the Centennial
Picnic on June 25th.
Loretta
Storm: Noted that she and her husband have worked
for 5 years to raise awareness of issues in Sultan that will impact people
inside and outside the limits. They have
been subjected to scrutiny and criticism and it has been implied that they
should not speak because they live outside the city. At the last two meetings, Mr. Hussman came to
the council and asked that they oppose the Wild Sky proposal and provided a
draft resolution for acting. Although he
does not live in the city, his information was accepted without review by the
City Attorney. The council action
appears to be arbitrary and capricious.
Questioned
if the recommendations read by mayor regarding public comments apply only to
the public or does it also apply to the
council and is the mayor obligate to interrupt those making inappropriate
comments. If they apply to the Council,
she would like an apology for actions of Councilmember Boucher at the last
meeting.
Bill
Pearson: Has lived in the valley for 25 years and is
proud to be an American. Has served his
country and worked many years as a logger in the area. Opposes the Wild Sky proposals because it
will close access to an area that many enjoy.
Money was spent to put roads into the area and they may be need as an
escape route it there is a disaster that closes Highway 2.
COUNCILMEMBERS
COMMENTS:
Flower : Thanked Mr. Pearson for coming to the meeting
and sharing his opinion and history of the Wild Sky Wilderness area. In regards to Ms. Storm, she has made a five
year career of educating the citizens, however, most of the comments are
negative. When there are no positive
comments, it gives the impression that the person can not be pleased. There is never acknowledge of the good that
is done and there are many who donate a lot of time to make this a better
community. Would like to hear some
praise on occasion. In regards to Mr.
Boucher’s comments, they were polite and pointed out contradictions in her
agenda.
STAFF REPORTS:
Grants: Donna Murphy advised that there is an article
in the Seattle Times about the Sultan Centennial. PUD will have an Open House at the Community
Center on May 3rd regarding the re-licensing application on the dam.
Police
Department: Chief Walser advised that Officer Marshall’s
class on weapons of mass destruction went well and there is community interest
in setting up some block watch units.
The Highway 2 Coalition will be meeting with WSDOT regarding the stop
light at Old Owen. The state would like
to discuss replacing the light with a round-about. The
Public
Works: Connie Dunn, Public Works Director, reminded
everyone that April 23rd is Sultan Clean Up day. Paving will be done on
1629-05
CITY OF
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 Criswell, the consent agenda
was approved as presented. Champeaux –
aye; Criswell – aye; Boucher – aye; Seehuus - aye; Flower – aye; Blair – aye,
Boyd – aye.
ACTION ITEMS:
Ordinance 876-05
Motorized Scooters: Brief
discussion was held on the use of scooters in the city parks. On a motion by Councilmember Boucher,
seconded by Councilmember Boyd, Ordinance 876-05 was adopted. All ayes, except Councilmembers Criswell who
voted nay.
Sewer
Comprehensive Plan and Water Comprehensive Plan:
Connie
Dunn introduced John Wilson and Gary Bourne from Berryman and Henigar. Gary Bourne provided an overview of the
comprehensive plan process and why it must be completed. The rate study that was done last year
delayed the process. The capital
improvement section will identify those projects that will be done by
developers and must be in place in order to require the work. The cost estimates provided are based on the
need to comply with Department of Health and Ecology requirements.
Discussion
was held on the costs for meetings and copies of the plan, number of hours
required for each task, the city doing part of the work and anticipated
additional costs.
Gary
Bourne discussed the need for the state to review and approve the plans and
possible changes that may be required after council and state review. They will try to combine the meetings to
reduce costs.
On
a motion by Councilmembers Criswell, seconded by Councilmembers Boyd, the
contract with Berryman and Henigar to complete the Sewer Comprehensive Plan was
approved in an amount not to exceed $21,532.
All ayes.
On
a motion by Councilmembers Criswell, seconded by Councilmembers Seehuus, the
contract with Berryman and Henigar to complete the Water Comprehensive Plan was
approved in an amount not to exceed $18,145.
All ayes.
Council Attendance: Councilmember Criswell left the meeting due
to illness.
Denali Ridge –
Closed Record Hearing:
The
closed record hearing was opened by Mayor Tolson.
Staff:
Rick
Cisar, City Planner, provided the staff report on the Denali Ridge Cluster
Subdivision/Conditional Use Permit.
Denali Ridge subdivision is a 15 lot subdivision on a 10 acre parcel
located on the east side of
Discussion
was held the challenges to Ordinance 854-04, required developer agreement and
future development on the site.
No
public comments.
1630-05
CITY OF
Denali Ridge
The
hearing was closed on a motion by Councilmembers Seehuus, seconded by
Councilmembers Flower. All ayes.
On
a motion by Councilmembers Flower, seconded by Councilmembers Seehuus, the
Hearing Examiners report was accepted approval of the Denali Ridge preliminary
cluster subdivision and conditional use permit was approved subject to the
following conditions:
This Preliminary Subdivision/Conditional Use Permit is subject to compliance with all applicable provisions, requirements, and standards of the Sultan Municipal Code, standards adopted pursuant thereto, and the following special conditions:
A. General Conditions:
1. Exhibits 1.B.1 and 1.B.2 shall be the approved preliminary plat and Conditional Use Permit site development plans. Where any condition herein conflicts with those exhibits, the condition shall prevail.
2. All recommendations found in the Targeted Drainage Plan prepared by Design Build Services, Inc. (Exhibit 1.K) shall be implemented before, during, and after the development of this subdivision.
3. All recommendations found in the Critical Areas Study prepared by Rountree Land Design (Exhibit 1.C) and the Third Party Review of the Critical Area Study (Exhibit 1.G) shall be implemented before, during, and after the development of this subdivision.
4. The wetlands found on and immediately offsite shall be protected from erosion in accordance with the Department of Ecology Puget Sound Basin Stormwater Management Manual. A silt fence shall be located at the edge of the wetland buffer (after buffer averaging) and remain in place until construction is complete and all upland areas are revegetated. The installation of the silt fence shall be in accordance with the Puget Sound Basin Stormwater Management Manual.
5. To ensure stormwater runoff does not negatively impact the on- and off-site wetlands, all surface water runoff from impervious surfaces shall be managed in accordance with the Puget Sound Basin Stormwater Management Manual. All surface water runoff from impervious surfaces shall be infiltrated, conveyed to an approved detention facility, or otherwise treated to protect water quality.
B. Prior to initiation of any site development work:
1. In accordance with SMC 16.28.340, the developer/plattor shall prepare a developer agreement subject to approval by the City. The agreement shall specify the requirements for construction of all infrastructure improvements, including plan submittals, inspections, bonding, private improvements, right-of-way improvements and facilities associated with the subdivision, including improvements to all common areas. Site construction drawings shall be prepared consistent with the conditions of approval.
2. Construction
Plans must be approved by the City of
1631-05
CITY OF
street lighting, signage, landscaping, and other utilities.
Said designs shall comply with the requirements of the Unified Development
Code, City of
3. The developer/plattor shall submit and the City shall review and approve a wetland mitigation plan meeting the requirements of SMC 16.80.070, which plan shall be based upon and incorporate all applicable elements within Exhibits 1.C and 1.G. The mitigation plan shall include permanent fencing along the north side of Proposed Lots 1 – 8 and the east side of Proposed Lots 8 and 9 of a size and style to physically delineate and prevent easy access into Tract B.
C. The following special requirements shall be included on the face of the final plat:
1. The
developer/plattor shall show a 33 foot wide strip of
their frontage on
2. “Mitigation fees are required for park, traffic, and school impacts. The amount of those fees will be determined and collected prior to individual building permit issuance.”
3. A 20-foot wide utility easement shall be established along the full length of the northern and eastern property boundaries of the site.
D. Prior to approval and recordation of the final plat:
1. The developer/plattor shall demonstrate that each lot conforms to all requirements of the Sultan Municipal Code and other standards and specifications that apply.
2. The developer/plattor shall pay the offered $22,201.00 fee-in-lieu of constructing on-site recreation facilities to the City.
3. Homeowners Association articles of incorporation shall have been submitted to and approved by the City. The articles shall provide for ownership and responsibility for Tract B, the critical areas tract. The articles may provide that the Association may divest its interest in Tract B to a willing municipality or land conservation trust provided that the tract must remain subject to all appropriate restrictions for such areas as set forth in the SMC. The Association shall be created contemporaneous with final plat recordation.
4. Wetland mitigation shall be completed in conformance with the approved mitigation plan.
5. Wetland
buffer signs are available at the City of
6. The proposed
interior street and frontage improvements along
On
the motion: Boucher, Champeaux, Blair, Flower, Seehuus – ayes; Boyd – nay.
1632-05
CITY OF
Resolution 05-08
Water/Sewer Availability Procedure:
Connie Dunn, Public Works Director, discussed the problems encountered
with issuing water/sewer availability letters.
There needs to be better control on the number of connections committed
and the time frame to submit a land use applications. Council needs to set priorities on how
connections will be allocated.
Discussion was held on the capacity of the systems. Councilmember Champeaux moved to adopt
Resolution 05-08, seconded by Councilmember Seehuus. The motion and second were withdrawn. Councilmember Champeaux moved to continue the
matter, seconded by Councilmember Seehuus.
All ayes.
Resolution 05-07
Traffic Control: Connie
Dunn discussed the 4 way stop intersection at 5th and
Motorcycle Lease
Agreement: Chief Walser advised
the Department has applied for additional grant funds to cover the costs of the
equipment. Laura Koenig, Treasurer,
advised that a budget amendment will not be required at this time, however, it
will be necessary prior to payment on the vehicle leases. Brief discussion held on the cost of lease,
deposit and the amount of time the motorcycles will be used.
On
a motion by Councilmember Seehuus, seconded by Councilmember Flower, the
Motorcycle Lease agreement with Skagit Valley Harley was approved. All ayes.
Resolution 05-05 -
Snohomish
Resolution 05-09 -
LID Segregation: The
property owners from Rowe/East Teak have agreed to the segregation of the
assessment on a 50/50 basis. The
appraiser has determined that the market value of each parcel will support the
segregation and have no adverse impact on the bonds. On a motion by Councilmember Champeaux,
seconded by Councilmember Boucher, Resolution 05-09 was adopted. All ayes.
DISCUSSION ITEMS:
Animal Control: Mayor Tolson discussed the recent problems
with pit bulls and aggressive dogs in town.
A pit bull killed another dog two weeks ago and three dogs got into a
fight last week. Staff does not have the
ability to deal with vicious animals and the city needs to take some
action. The city has animal control
codes however, there is no code enforcement officer. Discussion was held on the possibility of
hiring a part time person, interlocal agreement with
1633-05
CITY OF
PUBLIC COMMENTS
Bill
Pearson: Helped build the roads into the
Ray
George:
Would like to see the cat problem
addressed. In regards to the Denali
Ridge, the negative vote was arbitrary and capricious and should have been
based on facts.
Josie
Fallgatter: The City could save money on adoption of the
water and sewer plans as they were adopted by reference in the comprehensive
plan.
Ray
Kistenmacher: Everyone enjoys
getting positive strokes, however, watchdogs should not be expected to make
positive comments. He has volunteered
more time then anyone in room. Believes
someone should be a watchdog for the public.
Loretta
Storm: Appreciates Councilmember Flowers comments
and honesty. She spends hours on the web
site and also serves on the Library Board, works with Friends of the Library
and is secretary for the Highway 2 Coaliton.
The motorcycles will help with speeders on the
Barbara
Schmidt: Advised that there is a large problem at the
Grade School with dogs running loose on the play field.
COUNCIL COMMENTS
Blair
: Animal control has been discussed on several
occasions and she would like to see a resolution to the problem.
Seehuus: Agrees on the need to address the animal
control issue.
Champeaux: Asked Connie Dunn to comment on the need to
adopt the comprehensive plans.
Connie
Dunn advised that the state agencies would disagree that the plans have been
adopted and the Council should move forward with the adoption of the plans.
Adjournment: On a motion
by Councilmember Champeaux, seconded by Councilmember Seehuus, the meeting
adjourned at 9:45 PM.
Benjamin
Tolson, Mayor
Laura
J. Koenig, Clerk/Treasurer.
SULTAN CITY COUNCIL
AGENDA ITEM COVER SHEET
Date: April
27, 2005
Agenda Item #: Consent
C 2
SUBJECT: Voucher
Approval
CONTACT PERSON: Laura Koenig, Clerk/Treasurer
SUMMARY STATEMENT:
Approval
of Vouchers # 05-400 through #05-446 in the amounts of $94,208.12 and payrolls
through April 8, 2005 in the amount of $63,695.00 to be drawn and paid on the
proper accounts.
FISCAL IMPACTS:
Expenditure
Required: $157,903.12
RECOMMENDATION: Recommend approval as submitted.
COUNCIL
ACTION:
Action
Date:
SULTAN
CITY COUNCIL
AGENDA ITEM
COVER SHEET
ITEM NO: C-4
DATE: April
27, 2005
SUBJECT: Police Department
HVAC
CONTACT PERSON: Public
Works Director Dunn
Clerk/Treasurer
Koenig
City
Planner/Administrator Cisar
Police
Chief Walser
SUMMARY: The City of Sultan
Police Department has HVAC units in their building that do not recirculate air.
It uses only fresh air, therfore in the winter it is trying to warm and in the
summer it is trying to cool, the outside air. The PUD power bill is between
$900.00 - $1,000.00 per billling cycle.
Curt
Ottilige requested bids to change out the HVAC from Sky Valley Plumbing,
Eylanders Electric and Associated Heat.
SkyValley
Plumbing $14,150.00, plus Tax
Eylander
Electric $12,223.61,
inc. Tax
Associated
Heat No Response
See
Attached
We
have funds in 2005 Capital Improvements.
.
FISCAL IMPACT: $12,223.61
RECOMMENDED
ACTION: Approve the
expediture of $12,223.61 with Eylander Electric for changing out the HVAC at
the Police Station.
COUNCIL ACTION:
SULTAN
CITY COUNCIL
AGENDA ITEM
COVER SHEET
ITEM NO: A-1
DATE: April
27, 2005
SUBJECT: Resolution
05-08
Water/Sewer
Availability Procedure
CONTACT PERSON: Public
Works Director Dunn
Ciy
Planner/Administrator Cisar
SUMMARY: At the April 13th
Council Meeting, you referred this issue to tonight’s meeting. Staff worked
with the City Attorney to add verbage in this procedure.