June 22, 2005
6:30 PM
6:30 PM Public Hearing - Street Vacation [G.R.I.T. NOTE: No supporting information for this item,
which is Action Item #4 below, is included in this agend packet.]
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) Finance Department - Banking Options
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 8, 2005 regular Council
meeting.
2) Approval of Vouchers
3) Utility Committee Report
4) Set Public Hearing on 6 Year Street Plan for
July 13, 2005
ACTION ITEMS:
1) Closed Record Hearing on Timber Ridge Estates
2) Banking Options
3) Resolution 05-15 Salmon Recovery
4) Ordinance 881-05 Street Vacation [G.R.I.T.-added NOTE: No supporting documentation or explanation
was included in this agenda packet on this item, which we understand is a
request by the property owner to vacate an old
5) Dump Truck Acquisition
6) Interlocal Agreement with
7) Project Acceptance -
8) Resolution 05-16 Sultan Centennial
DISCUSSION: Time
Permitting
1) Animal Control
PUBLIC COMMENT
COUNCILMEMBER RESPONSE TO PUBLIC COMMENTS
Executive Session: Litiigation
Adjournment - 10:00 PM or at the conclusion of Council
business.
SULTAN CITY COUNCIL
AGENDA ITEM COVER SHEET
Date: June
22, 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 8, 2005 regular Council meeting as on file in the
Office of the City Clerk.
RECOMMENDATION: Approval as submitted.
Action Date:
COUNCIL ACTION:
1646-05
CITY OF
The
regular meeting of the Sultan City Council was called to order in the
Champeaux
– arrived at 7:30.
ADDITIONS TO THE
AGENDA:
Consent: Remove Interlocal Agreement
Discussion: Remove Animal Control
Certificates: Mayor Tolson presented Certificates of
Appreciation to the Sultan Boys and Girls Torch Club for the work done on the
planter islands on
Introduction of
Staff: Laura Koenig, Clerk/Treasurer, introduced the
new Utility Clerk Tami Pevey.
COMMENTS FROM THE
PUBLIC
Bart
Dalmasso: Advised that Bank of America has announced
that they will be closing the Sultan Branch in September. A petition has been placed in several
businesses supporting the bank and requesting that the bank be left open. Requested that the community and council
submit letters of support to the Corporate Offices.
Jeff
Wilson: Would like to provide summer time work for
his children and requested that the Council allow them to paint addresses on
the curbs and charge the property owners.
This would assist the Police and Fire Departments and would be an asset
to the community.
Josie
Fallgatter: At the last meeting the Settlement agreement
on the GMA hearings was approved by the City and within a week the City broke
the agreement. Bart Dalmasso and Jim
Flower attended the
Loretta
Storm: Jim Flower was representing the City when he
spoke at the hearing and that violates the agreement. The Development Regulations as presented on
the agenda are not the same as those attached to the settlement agreement and
demonstrates poor faith by the City.
Commended Bart Dalmasso for his efforts to keep the Bank of America
branch open. Noted that the City web
site has not been updated since last July.
Jeff
Kirkman: Concerned that the proposed document is not
the same as Exhibit 1 of the agreement.
The changes allow wiggle room for the City in regards to
notification. The City should comply
with the agreement.
COUNCILMEMBERS
COMMENTS:
Criswell: Commended Bart Dalmasso for trying to keep
the bank in town. In regards to the curb
painting, would the property owners pay for the service? (Yes).
Questioned where the money for the weight master training came from and
who authorized the training. (Chief
Walser advised that the training was provided by the State at no charge.)
Boucher: Thanked the Torch Club for the work on the
planters and Bart Dalmasso for his efforts in support of the bank. In regards to the curb addresses, if it is
legal, he would like to see it happen.
1647-05
CITY OF
Seehuus: Thanked Bart Dalmasso and the Torch Club for
their work for the community.
Flower: Has been accused of being dishonorable and
breaching the contract. His
understanding was that it was the city’s position to continue to support
inclusion of the water shed in the UGA and that he could voice that support at
the hearings. If the attorney feels it
was breach of contract, it was without his knowledge.
Blair:
Supports the effort to keep Bank of America
in town. BOA is closing a branch in
Darrington also and they will have to drive 20 plus miles to the nearest
bank. Supports painting the curbs and
suggested that the party use a non-profit group to make the project easier for
the children. In regards to the comments
about the Development Regulations, the document was provided prior to the
meeting and there has not been time to do a comparison to the settlement
exhibit.
Boyd: Asked Bart Dalmasso if he introduced himself
as a Planning Commissioner at the hearings and was he instructed prior to the
meeting not to represent himself as a Commissioner? (Bart Dalmasso advised that
he was not advised not to represent himself as a Planning Commissioner). In regards to Council member Flower, he can
not speak on behalf of the City without the Council support.
Mayor
Tolson: Advised that he has requested that staff put
together information regarding the anticipated growth to provide to Bank of
America. Agrees that the web site needs
to be updated on a regular basis and the City is working on the problem. In regards to the Growth Hearings, it appears
that inappropriate comments were made.
In regards to the addresses on the curbs, the City owns the curbs and
legal issues need to be addressed.
Flower: Understood from the City Attorney that the
Council could support the inclusion of the watershed into the UGA but would not
appeal the County’s decision. Apologized
for any inappropriate comments.
Champeaux: Asked if there was any response from
Community Transit in regards to the bus stop on Highway 2. Noted that members of the Track team won at
State meets and should be recognized at a meeting in the near future.
STAFF REPORTS:
Grants: Donna Murphy commended the Centennial
Committee and the many volunteers that have worked on all the events held to
date and for their work on the Birthday Party set for June 25th.
Public
Works: Connie Dunn advised that construction on the
Sidewalk project on
The
pre-construction meeting on the
CONSENT AGENDA:
The
following items are incorporated into the consent and approved by a single
motion of the Council. On a motion by
Councilmember Criswell, seconded by Councilmember Seehuus, the consent agenda
was approved as amended. Champeaux –
aye; Criswell – aye; Boucher – aye; Seehuus - aye; Flower – aye; Blair – aye,
Boyd – aye, abstained on the minutes.
1648-05
CITY OF
ACTION ITEMS:
Resolution 05-13
Development Procedures: The
resolution adopts the Development Regulation Amendment Procedures and a Public
Hearing and Participation process. Rick
Cisar reviewed the changes to the procedure which address the City Web Site and
the Public Access Channel and the availability of those sites. If those sites are not available, it would
delay the public hearing process.
Boyd: Would like to see the proposed changes run
through the Planning Commission with a majority and minority report submitted
to the Council. The parties worked for
eight hours on the Settlement Agreement.
Asked if the other parties had reviewed and approved the language. If changes are needed, they should be
addressed.
Seehuus: Felt the term “available” should be
defined. The additional language clears
up the policy and stays with the spirit of the agreement.
Blair: Council voted to accept the agreement and
terms and the policy is in accordance with the agreement. It is a public process for notification,
however, there are problems with the web site.
Asked
if there would be a delay in the process that would violate the party’s rights
if the language was not changed.
Criswell: The policy was written in good faith.
Boucher: The agreement was done to save money in legal
fees. The language is fine and we don’t
always have access to the web site.
There are potential problems for people filing land use actions and the
Council is not considering them. The
City has met the legal requirements.
Mayor
Tolson: Asked Mr. Kirkman if he was
familiar with the web site problems and the language could be changed to
address the problem. The city has made a
good faith effort but we don’t always have access to the web site and there needs
to be language to address the issue.
“Not available” means beyond the city’s control.
Jeff
Kirkman: Would like to see notices
placed on the web site when available.
The staff not having time is not acceptable. Suggested language of “if the web site is
operational and accessible by city staff.”
Thom
Graafstra, City Attorney, advised that the language suggestions seems
fine. The staff must post notices
consistent with deadlines and the deadlines for the web site and Public Access
Channel will need to be considered. The
policy was provided to all parties immediately after it was drafted.
Councilmember
Flower moved to adopt Resolution 05-13, seconded by Councilmember
Criswell. On the motion: Ayes:
Flower; Nay: Boucher, Boyd,
Champeaux, Blair, Seehuus, Criswell
On
a motion by Councilmember Blair, seconded by Councilmember Seehuus, the Council
recessed for five minutes to allow the Attorney to review Roberts Rules of
Order. All ayes
Councilmember
Seehuus moved to reconsider the matter.
Seconded by Councilmember Boyd.
All ayes except Councilmembers Flower and Boucher.
Councilmember
Boyd moved to adopt Resolution 05-13 with the corrected language, seconded by
Councilmember Blair. Ayes – Boyd,
Champeaux, Seehuus, Blair. Nay - Boucher, Criswell, Flower.
I & I Project
– Shoreline Construction: The City Engineer has certified that Shoreline
Construction Company has satisfactorily completed all work under Schedule A of
the I & I Project. This work
involved the installation of storm water separation at
DISCUSSION ITEMS:
Finances: Laura Koenig, Clerk/Treasurer, presented the
2004 Annual report, 1st Quarter Financial report for 2005 and the
current month’s reports for review.
Provided an update on the jail bill.
1649-05
CITY OF
PUBLIC COMMENTS
Liz
Kirkman: If the staff is concerned about the web site
and getting information onto the web site maybe they should try using the
school to help.
Loretta
Storm: Some council members think the appeal and the
issue tonight are ridiculous. The Comp plan process was started two years
ago and several members of the Planning Commission requested better definitions
in the plan to better life in Sultan.
They have spent a lot of time to better the quality of life in Sultan
but there needs to be a legal process to do that.
Jeff
Kirkman: There is a misconception that he thinks up appeals to file. He worked on the Comp Plan and he has a right
to appeal decisions. To get the city to
comply with basic planning concepts, he
felt
it was important to file an appeal. He
has spent a lot of time to get it done right.
The Council should read the Growth Management Act and there should be no
more back door deals.
COUNCIL COMMENTS
Boyd: May not agree with appeal process but it was
a tool that was used. Thinks the city
works hard and feels we do things right 90 % of time. Hope we can get a procedure to make it
easier.
Blair: Agrees there is a need for guidelines on
growth and infrastructure and there is a need for long term development of the
city. Procedures need to be in place and
hopes we are working towards those goals and have a public process for those
people to express their opinions. This
is a difficult process but the City agreed to the settlement and needs to
follow through.
Boucher: The intent of his comments is to let
everyone know that he has been consistent and forthright about the process used
by others. Has been honest about his
feelings and doesn’t feel that others have.
Does not agree with the process and feels the issue could have been
worked out in another manner. Some have
indicated that they went along with the process because it was costing money
and that gives the impression that government can be bought.
Criswell: Agrees with Mr. Boucher. Doesn’t like to be pressured by someone who
doesn’t live in the city telling them what to do. Agreed to settle because of the costs.
Mayor
Tolson: Everyone does not always agree with outcome
but some times we need to take a step back.
An agreement was reached and it needs to be honored.
Adjournment: On a motion
by Councilmember Seehuus, seconded by Councilmember Criswell, the meeting
adjourned at 9:00 PM.
Benjamin
Tolson, Mayor
Laura
J. Koenig, Clerk/Treasurer.
SULTAN CITY COUNCIL
AGENDA ITEM COVER SHEET
Date: June
22, 2005
Agenda Item #: Consent
C 2
SUBJECT: Voucher
Approval
CONTACT PERSON: Laura Koenig, Clerk/Treasurer
SUMMARY STATEMENT:
Approval
of Vouchers # 05-601 through #05-646 in the amounts of $318,286.14 and payrolls
through June 3, 2005 in the amount of $85,048.66 to be drawn and paid on the
proper accounts.
FISCAL IMPACTS:
Expenditure
Required: $403,334.80
RECOMMENDATION: Recommend approval as submitted.
COUNCIL
ACTION:
Action
Date:
SULTAN CITY COUNCIL
AGENDA ITEM COVER SHEET
Date: June 22, 2005
Agenda Item #: Consent C 3
SUBJECT: Utility Committee Report -
Adjustments for relief of excess
charges.
CONTACT
PERSON: Laura Koenig, Clerk/Treasurer
SUMMARY
STATEMENT: Attached is the Utility
Committee’s recommendations for relief from excess charges due to water
leaks. All repairs have been completed.
RECOMMENDATION: Approval of the Utility Committee report as
presented.
COUNCIL
ACTION:
Action
Date:
SULTAN
CITY COUNCIL
AGENDA ITEM
COVER SHEET
ITEM NO: C
- 4
DATE: June
22, 2005
SUBJECT: Six
Year Transportation Improvement Plan
CONTACT PERSON: Public
Works Director Dunn
SUMMARY: Each year the City of
FISCAL IMPACT: This plan helps the City when
appling for grants and loans.
RECOMMENDED
ACTION: Set
a Public Hearing for the 6 year Transportation Improvement Plan on July 13,
2005 @ 6:30 pm
COUNCIL ACTION:
SULTAN
CITY COUNCIL
AGENDA ITEM COVER SHEET
ITEM NO: A-1
DATE: June 22, 2005
SUBJECT: CLOSED RECORD HEARING
Hearing Examiner Recommendation:
Timber
Ridge Estates Preliminary Plat and Planned Unit Development
File
Number No. FP-PUD-04-002
(Hearing Examiner Recommendations, Staff Reports and Plat Maps, Attached)
CONTACT PERSON: Rick Cisar, Planning Director
SUMMARY: 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 develop-ment 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 Recommendation; (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.
FISCAL IMPACT: None at this time.
RECOMMENDATION Acceptance of Staff’s
interpretation of SMC 16.68.060 and
ACTION: 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.
_____________________________________________________________________
COUNCIL
ACTION:
DATE: