July 13, 2005
6:30 PM
6:30 PM Public Hearing - 6 Year Street Program
6:50 PM Executive Session - Real Estate/Potential
Litigation
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 - Awards Ceremony
3) Public Works
4) Finance Department
CONSENT AGENDA: The following items are incorporated into
the consent agenda and approved by a single motion of the Council.
1) Minutes of the June 22, 2005 regular Council
meeting.
2) Approval of Vouchers
3) HVAC System at Police Department - Final
Contract Acceptance
4) Set Public Hearing on Ordinance 882-05
Binding Site Plans
ACTION ITEMS:
1) Resolution 05-19 Bank Authorization 1
2) Resolution 05-15 Salmon Recovery
3) Ordinance 881-05 Street Vacation - 2nd
reading
4) Resolution 05-17 Timber Ridge
5) Annexation Petition - Set Public Meeting
6) Resolution 05-18 Six Year Street Program
DISCUSSION: Time
Permitting
1) Organizational Review
2)
PUBLIC COMMENT
COUNCILMEMBER RESPONSE TO PUBLIC COMMENTS
Executive Session: Potential Litigation
Adjournment - 10:00 PM or at the conclusion of Council
business.
SULTAN CITY COUNCIL
AGENDA ITEM COVER SHEET
Date: July
13, 2005
Agenda Item #: Consent
C 1
SUBJECT: Council
minutes
CONTACT PERSON:
Laura
Koenig, City Clerk/Treasurer
SUMMARY STATEMENT:
Attached
are the minutes of the June 22, 2005 regular Council meeting and the June 22,
2005 Public Hearing on the Street Vacation request as on file in the Office of
the City Clerk.
RECOMMENDATION: Approval
as submitted
1655-05
CITY OF
Public Hearing –
Street Vacation: The public hearing on the Street Vacation was
called to order by Mayor Tolson.
Councilmembers present:
Champeaux, Criswell, Boucher, Seehuus, Flower, Blair and Boyd. There were no objections to the Council
participation and no conflicts noted.
Staff Report:
Rick
Cisar, City Planner, advised that a request to vacate a portion of the old
Council
Discussion
was held on the total easement, allowable uses, potential building, and
appraised value and payment. The City
Attorney discussed the difference between fee ownership and right of ways and
how the funds can be spent. Also
discussed other utility easements, access from Highway 2, and payment of sales
tax by the company.
Public Comments:
John
Paul Kalonji - Verizon: Advised
that Verizon does not have a problem with the street vacation provided they
maintain their easement. They are not
willing to relocate or to give up their easement along the route. They would also like to be guaranteed access
to their lines.
Jeff
Bardett: In regard to the sales tax issue, he has
requested that the accountants correct the sales tax reports. The proposal for the property right now is
storage only. They are willing to
continue to provide access for the PUD and Verizon easements. The one parcel is too small to expand the
building and acquisition of the street would allow expansion. The City has no use for the property and it
would be to their benefit to sell. Feels
that 50% of the appraisal is a fair price.
Loretta
Storm: Urged the Council to get fair market price
for the property.
On
a motion by Councilmember Seehuus, seconded by Councilmember Criswell, the
public hearing was closed. All ayes.
Benjamin
Tolson, Mayor
Laura
J. Koenig, Clerk/Treasurer
1656-05
CITY OF
The
regular meeting of the Sultan City Council was called to order in the
CHANGES/ADDITIONS
TO THE AGENDA:
Discussion: Add memorial wall
COMMENTS FROM THE
PUBLIC
Loretta
Storm: During the Timber Ridge hearings she tried
to submit the
Bart
Dalmasso: Thanked everyone who has helped with
petition drive to keep Bank of America in Sultan. He has sent the petitions and newspaper
articles to the corporate offices.
Josie
Fallgatter: Commended Bart Dalmasso for his efforts to
keep Bank of America in town. In regards
to the Timber Ridge staff report, the council has to make a decision based on
the record from the hearing. Additional language has been added by the
staff.
COUNCILMEMBERS
COMMENTS:
Criswell: Has not received an answer from the Police
Chief on the schooling issue and who approved it. Flower: Noted that the City was 6 days away from its
100 Year Birthday. Advised that he
choose Sultan as his home and is proud to be part of the City.
STAFF REPORTS:
Grants: The City/School committee met to discuss
address standards and safety issues with kids and car washes along the
highway. In- street pedestrian signs
will be installed in the street around the schools. Attended a records management workshop and
will be applying for $7500 grant to transfer old records to microfilm. Reminded everyone that the Centennial
Birthday Party for Sultan is on Saturday June 25th.
Police
Department: Chief Walser advised that he approves all
training. Commended his Officers for
finding a way to repair the vandalism to the Sultan graduating senior’s cars
before they returned from their Senior Trip.
Public
Works: Connie Dunn provided information on the
dewatering and dump truck purchase.
Randy
Oesch gave an overview of the objections and goals for the Sewer Plant and
discussed the plans to change the method of dewatering to reduce the amount of
sludge. The cost of the improvements and
truck will be about $180,000 and a budget amendment will be required. Brief discussion was held on the overall
plans for upgrades to the plant and the capacity.
Finance
Department: Laura Koenig, Clerk/Treasurer, and Donna Marshall, Coastal Community Bank,
discussed banking options. The Bank of
America is scheduled to close the Sultan Branch in September 2005 and based on
banking requirements of the City, a local bank is desirable. An overview of the types of services needed
by the City, the requirements to implement the change and costs were discussed.
1657-05
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:
Timber Ridge
Closed Record Hearing: Mayor
Tolson opened the closed record hearing on the Timber Ridge Project and the
read the procedure into the record.
There were no disclosures of conflicts by the Council and no objection
to the Council participation.
Rick
Cisar, City Planner, provided the staff reports, letter from Bunting
& Associates, Hearing Examiner recommendation and maps to the Council. Prior to the hearing all the Councilmembers
had an opportunity to review the entire record.
Staff
Report:
The Hearing Examiner held an Open Record Hearing on February
28, 2005 and considered a Request for Reconsideration on May 12, 2005 for the
Timber Ridge Estates Preliminary Plat and Planned Unit Development – File
Number No. FP-PUD-04-002. Based on the Findings of Fact, Principles of
Law, Discussion and Conclusions, the testimony and evidence submitted at the
Hearing, the Hearing Examiner’s site visit, and Examiner’s Review of the
Reconsideration Request, the Examiner found that all but two of the
deficiencies have been corrected.
However, compliance with SMC 16.68.060 and SMC 16.80.100 is
lacking. Therefore, the Examiner
RECOMENDS RETURN FOR CORRECTION of the Proposed Preliminary Subdivision and DENIAL WITHOUT PREJUDICE of the PUD
for Timber Ridge Estates. The Examiner,
on Page 8 beginning with #16 through #
20 on page 11 discusses development on steep slopes. Likewise, the Examiner beginning with # 21 on
page 11 through #25 on page 14 discusses stream and wetland buffers and
innovative design. Lastly, the Examiner on page 17 #41 summaries his
conclusions and notes” The concept of residential development of the subject
property is clearly and unequivocally in conformance with the adopted
Comprehensive Plan and applicable zoning, subject to the critical areas
limitations”.
Staff, as noted in the attached
Staff reports, which include discussions and recommendations of our
Consultants, do not concur with the Examiner’s conclusions regarding SMC
16.68.060 and SMC 16.80.100. The vague
language in these sections certainly leaves them open to interpretation and in
this instance has led to different conclusions by the Examiner, Staff, and our
Consultants. Therefore, the City Council
has the option to follow the (1) Hearing Examiner’s Recommen-dation;
(2) the Staff Recommendation; (3) to approve or Deny the
Application
based on the Council’s own set of Findings and Conclusions; or (4) to remand
the Application back to the Hearing Examiner for additional review. To assist City Council in their
evaluation of this project and the Recommendations, Staff has attached a June
15, 2005 Staff Report that provides a project overview and discussion of the
code interpretation concerns.
1658-05
CITY
OF
TIMBER
RIDGE HEARING
The staff recommendation is to
accept the Staff’s interpretation of SMC1.68.060 and SMC 16.08.100 and approve
the Timber Ridge Preliminary Subdivision and Planned Unit Development with
Conditions as recommended by Staff on February 23, 2005 and May 23, 2005 and
the Findings and Conclusions provided by the Hearing Examiner’s Recommendations
of March 9, 2005 and May 23, 2005 and Conditions as deemed necessary by City
Council to address any Critical Area concerns.
Paul
Ingram, Berryman & Henigar (Planning
Consultant for the City): The applicant
requested approval of an 85 unit subdivision on 33 acres for single family
housing units. He has reviewed the
application and it complies with the zoning requirements. The two issues of concern are the steep
slopes and stream/wetland buffers. SMC
16.80.100 allows modification under the “innovative development design” provisions. The Council must decide whether the buffers
can be modified or if the Hearing Examiner is correct in his interpretation
that it can not be changed. The section
appears to provide for modification if all the criteria are met. The City was provided an environmental review
from Graham- Bunting Associates. .
Christopher
Knapp, Attorney for the Applicant:
The Applicants urged the Council to adopt the recommendations of the staff
dated June 15, 2005 which would adopt the Hearing Examiner’s recommendation
with the exception of the conditions dealing with hillside development and
stream/wetland buffers. They feel that
staff is more qualified to determine and interpret the municipal code.
Neil
Latta, representing the
applicant: There are two code issues,
grading and critical areas. Project is
defined by hillsides and ravines that are easy to develop. The design of the project provides for the
least amount of disturbance to the property.
The plan meets the criteria set out in SMC 16.68.060. They have worked with Fish & Wildlife to
review the site and will restore portions of the stream. They are also meeting the traffic
requirements for the
Scott
Brenner, Critical area
consultant for applicant discussed the criteria to meet for “innovative
development design”.
1. Net improvements: The project will increase system and values
with 800 lineal feet of access to fish habitat, planting native vegetation to
stabilize, direct water away from slopes, and will provide two rail fence to
protect the buffer.
1659-05
CITY OF
Timber Ridge Hearing
2. The design must approved by state
agencies. They have worked with State
Fish and Wildlife and the Tulalip Tribes and they identify issues of
concern. Culverts will be removed to
open stream. Lack of vegetation that
creates slope issues will be addressed.
The State Department of Fish & Wildlife is the only agency with
jurisdiction.
3. The design is consistent with the purpose
and objectives of the chapter.
4. The design is consistent with SMC
16.80.090> It will improve water quality, improve fish habitat by removing
the culverts and the impacts are minimal.
The mitigation plan has been submitted and approved by the city. All temporary disturbances will be restored.
5. There will be no material impacts to the
public or adjacent property owners.
Brief
discussion was held regarding the criteria for SMC 16.80.100, final approval
requirements and acceptance by Department of Fish & Wildlife and the fence
design.
Public Comments:
Josie
Fallgatter: The Council
must decide on the record presented to the Hearing Examiner.
The
staff report goes beyond the Hearing Examiners recommendation. Buffers can only be changed for submissions
under 16.80.100. The Hearing Examiner
concludes that 16.80.080 and 16.80.100 are tied together and that 16.80.080
refers the reader forward to 16.80.100.
Is not an opponent of the project, is a proponent for the process. The Hearing Examiner found the application to
be incomplete so how could they vest under the old code.
Loretta
Storm: As a party of record they were advised that
they would not be allowed to make comments during the closed record
hearing. (Mayor Tolson advised that she
has the option to request a continuance of the hearing). She requested a continuance to allow time to
prepare comments.
Christopher
Knapp: If the Councilmembers are concerned about
interpretation of code, under state law the deference must be made to the
staff. The Hearing Examiner made an
error and the council should not make some error. Requested that the hearing not be continued.
Additional Staff and Discussion:
Paul
Inghram: On the issue of 16.80.100 vs 16.80.080C.
16.80.080C refers to 16.80.100. The
Hearing Examiner determined that only those criteria apply and Staff determined
that the criteria was met under the code.
Code allows deviations if you meet the minimum requirements which are
not defined in the code. Permits will be
required for the culverts, however, approval will not be received until an
application is submitted. The project
complies with the intent of the PUD code and the applicants are providing
enhancements to the site.
Brief
discussion was held on the buffer areas, fencing requirements and critical area
protection.
Rick
Cisar: Advised that the comments by Ms. Storm were
in error and copies of the reports were provided to parties of records prior to
the meeting.
1660-05
CITY OF
Timber Ridge Hearing
Councilmember
Criswell moved to close the hearing, seconded by Councilmember Flower. All ayes, except Councilmember Blair who
voted nay...
Councilmember
Flower moved to acceptance the Staff’s interpretation of SMC 16.68.060 and
SMC16.80.100 and Approval of the Timber Ridge Preliminary Subdivision and
Planned Unit Development with Conditions as Recommended by Staff on February
23, 2005 and May 23, 2005, and the Findings and Conclusions provided in the
Hearing Examiner’s Recommendations of March 9, 2005 and May 23, 2005 and
Conditions as deemed necessary by City Council to address any Critical Areas
concerns. Seconded by Councilmember
Criswell.
Discussion
was held regarding the preference to have agreement between the Hearing and
Examiner and Staff.
All
ayes except Councilmember Boyd who voted nay.
Banking Options: The banking issue was discussed under staff
reports. On a motion by Councilmember
Criswell, seconded by Councilmember Boucher, the Clerk/Treasurer was authorized
to begin the process to transfer the City bank accounts to Coastal Community
Bank. All ayes.
Resolution 05-15
Salmon Recovery: On a
motion by Councilmember Boyd, seconded by Councilmember Seehuus, Resolution
05-15, was continued to next agenda. All
ayes.
Ordinance 881-05
Street Vacation: A public hearing on the street vacation was held
prior to the Council meeting. Rick
Cisar, Planner, recommended that the City accept 50% payment on the appraised
value subject to conditions set in the resolution regarding easements. Discussion was held on the amount of payment
to require for the property and the increase in value to the property.
Councilmember
Boucher moved to introduce Ordinance 881-05 and pass it on to a second reading
with the requirement to pay 50% of the appraised value. Seconded by Councilmember Criswell. After discussion, Councilmember Boucher
amended the motion to increase the payment requirement to 75% of the appraised
value. Seconded by Councilmember
Boyd. All ayes, except Councilmember
Champeaux who voted nay.
Stop the Clock: Councilmember
Boucher moved to stop the clock for 25 minutes, seconded by Councilmember
Criswell. All ayes.
Public Works
Bio-solids Equipment: Connie
Dunn discussed the need to provide a method to haul sludge and dewater at the
Sewer Treatment Plan. On a motion by Councilmember Champeaux, seconded by
Councilmember Seehuus, a public hearing was set for July 27, 2005 at 6:30 PM to
consider a budget amendment to purchase equipment and provide plant
upgrades. All ayes.
Interlocal
Agreement with
1661-05
CITY OF
FCAAP Property
Acquisition: The acquisition and
demolition of the house at
Resolution 05-16
Sultan Centennial Week: On a
motion by Councilmember Flower, seconded by Councilmember Criswell, Resolution
05-16 proclaiming June 24 thru July 1, 2005 as Sultan Centennial Week was
adopted. All ayes.
DISCUSSION ITEMS:
Animal Control: Mayor Tolson advised that the City of
Memorial Wall: Councilmember Boyd advised that a request was
received to put hangers on the memorial wall for flowers. There was some concern that the planters
could be vandalized.
PUBLIC COMMENTS
Josie
Fallgatter: Requested clarification on the decision on
Timber Ridge as it appears they voted for the staff interpretation and
recommendations and also the Hearing Examiners decision.
Thom
Graafstra, City Attorney advised that a written resolution will be prepared to
clarify the decision
Loretta
Storm:
Thanked Councilmember Boyd and Blair for
reading the material on Timber Ridge.
Does not believe the Council decision made will pass the Superior Court
appeal.
Jeff
Burdette: On the street vacation, he has offered the
50% payment but will not pay the 75% required by the Council. He is attempting to refinance the property
and it was based on the decision made by the Council. His land will sit there unused as there is
not enough room for a business.
COUNCIL COMMENTS
Boyd: Appreciates Ms. Fallgatter’s comments, but
the intent of the Council was to accept the staff recommendation.
Blair: Application approval comes down to code
interpretation and agrees with attorney that we must rely on staff to provide
the information to make a decision. The
increase on the cost for the street vacation is $60,000 and the road frontage
on both parcels is about the same.
Champeaux: On the street vacation, 50% payment is a fair
price for land that the city does not need.
Adjournment: On a motion
by Councilmember Seehuus, seconded by Councilmember Criswell, the meeting
adjourned at 10:30 PM.
Benjamin
Tolson, Mayor
Laura J. Koenig, Clerk/Treasurer
SULTAN CITY COUNCIL
AGENDA ITEM COVER SHEET
Date: July
13, 2005
Agenda Item #: Consent
C 2
SUBJECT: Voucher
Approval
CONTACT PERSON: Laura Koenig, Clerk/Treasurer
SUMMARY STATEMENT:
Approval
of Vouchers # 05-647 through #05-720 in the amounts of $210,072.09 and payrolls
through June 17, 2005 in the amount of $60,116.28 to be drawn and paid on the
proper accounts.
FISCAL IMPACTS:
Expenditure
Required: $270,188.37
RECOMMENDATION: Recommend approval as submitted.
COUNCIL
ACTION:
Action
Date: