SULTAN CITY COUNCIL MEETING
319 MAIN STREET
June 8, 2006
6:00 PM Public Officials Liability Workshop
Public Hearing: Development Regulations
7:00 PM CALL TO ORDER - Pledge of Allegiance and Roll Call
CHANGES/ADDITIONS TO THE AGENDA
PRESENTATIONS
1) Promotion - Officer Berg
2) NRA Foundation Inc. - Presentation of Grant
3) Student Representative Recognition
4) Animal Control Contract - Vicki Lubrin
COMMENTS FROM THE PUBLIC: Citizens are requested to keep comments to a 3 minute maximum to allow time for everyone to speak. It is also requested that you complete a comment from for further contact.
COUNCILMEMBER COMMENTS
STAFF REPORTS
1) Police Department
2) Public Works
3) Grant Report
4) Finance
5) Planning
CONSENT AGENDA: The following items are incorporated into the consent agenda and approved by a single motion of the Council.
1) Minutes of the May 25, 2006 regular Council Meeting
2) Minutes of the May 11, 2006 public hearings on Cascade Breeze
3) Minutes of the May 11, 2006 public hearings on Steen Park
4) Approval of Vouchers
5) Change Council meeting from June 22, 2006 to June 15, 2006
ACTION ITEMS:
1) Resolution 06-06 - Steen Park
2) Resolution 06-07 - Cascade Breeze
3) Ordinance 925-06 - General Sewer Plan
4) Ordinance 926-06 - Water System Plan
5) Ordinance 924-06 - Planning Board
6) Planning Board Appointments
7) Ordinance 928-06 Development Regulatons
DISCUSSION: Time Permitting
1) Animal Control
PUBLIC COMMENT ON AGENDA ITEMS ONLY
COUNCILMEMBER RESPONSE TO PUBLIC COMMENT ON AGENDA ITEMS
Executive Session:
Adjournment - 10:00 PM or at the conclusion of Council business.
ADA NOTICE: City of Sultan Community Center is accessible. Accommodations for persons with disabilities will be provided upon request. Please make arrangements prior to the meeting by calling City Hall at 360-793-2231. For additonal information please contact the City at cityhall@ci.sultan.wa.us or visit our web site at www.ci.sultan.wa.us
SULTAN CITY COUNCIL
AGENDA ITEM COVER SHEET
ITEM NUMBER: Conduct Public Hearing to amend minimum lot size requirements and establish incremental lot sizes for multifamily (3 units and above) developments in the Moderate and High Density Zoning Districts.
DATE: June 8, 2006
SUBJECT: Conduct Public Hearing on Ordinance 928-06 to amend minimum lot size requirements and establish incremental lot sizes for multifamily developments in the Moderate and High Density zoning districts.
CONTACT PERSON: Rick Cisar, Director of Community Development
SUMMARY: Staff has prepared the proposed Amendments to the Moderate Development (MD) and High Density (HD) Zoning Districts to provide for a variation in lot sizes which will in turn provide for a wider range and variety of multifamily units. The Amendment is intended to provIde for a better mix of available multifamily units beginning with triplexes up to larger complexes.
For example, to build a triplex in the MD Zone a minimum lot size of 20,000 square feet is required. To build any mutifamily units in the HD Zone, 1 acre is requried. Under the proposed change a Triplex in the MD Zone would require 12, 000 square feet and 4,500 square feet for each additional unit up to maximum of 10 units. The same triplex in the HD Zone would require a lot size of 10,000 square feet and 1,974 square feet for each additional unit up to a maximum of 20.
The proposed regulations have been sent to the State Department of Community Trade and Economic Development for their 60-day review beginning on December January 3, 2006. No Comments were received. Also, an Enviromental Checklist and Determination of Non Significant has been issued and sent to reviewing Agencies on January 17, 2006. No comments or Appeals were filed.
FISCAL IMPACT: Preparation and processing of Amendment.
RECOMMENDED Conduct Public Hearing and thereafter during the Regular
ACTION Session of the City Council introduce Ordinance 928-06 on First Reading and pass on to Second Reading.
_____________________________________________________________________
COUNCIL ACTION:
DATE:
CITY OF SULTAN
Sultan, Washington
ORDINANCE NO. 928-06
AN ORDINANCE OF THE CITY OF SULTAN AMENDING THE TABLE OF DIMENSIONAL AND DENSITY REQUIREMENTS OF THE SULTAN MUNICIPAL CODE IN SECTIONS 16.12.020 MODERATE DENSITY (MD) ZONE AND 16.12.030 (HD) HIGH DENSITY ZONE TO REDUCE THE MINIMUM AREA SIZE AND SET BACKS, ESTABLISH INCREMENTAL LOT SIZE REQUIREMENTS FOR MULTIFAMILY UNITS AND INCREASE LOT COVERAGE PERCENTAGES.
THE CITY COUNCIL OF THE CITY OF SULTAN, WASHINGTON DO HEREBY ORDAIN AS FOLLOWS:
Section 1. SMC 16.12.020 Table of Dimensional and Density requirements is hereby amended to read as follows to reduce the Area requirement and setbacks, establish incremental lot size requirements necessary to provide for an increase in density for multifamily units and increase lot coverage percentages.
Uses Permitted
· Multiple-Family Dwellings Maximum Units/Acre 10, Area 12,000 sq. ft. for a triplex and 4,500 sq ft of additional lot area for each additional unit, Lot Width (ft) 100, Lot Depth(ft)100,Setbacks: Front(ft) 25, Side(ft)10, rear(ft)30, Max. Bldg Hgt (ft) 30, Max Lot Coverage (%) 40.
Section 2. SMC 16.12.030 Table of Dimensional and Density requirements is hereby amended to read as follows to reduce the Area requirements and setbacks, establish incremental lot size requirements necessary to provide for an increases in density for multifamily units and increase lot coverage percentages.
Uses Permitted
· Multiple-Family Dwellings Maximum Units/Acre 20, Area 10,000 sq ft for a triplex and 1,974 sq ft of additional for each lot for each additional unit, Width (ft) 100, Lot Depth (ft) 100, Setbacks: Front (ft) 25, Side (ft) 10, rear (ft) 25, Max. Bldg Hgt (ft) 30, Max Lot Coverage (%) 45.
Section 3 Repealer: Any and all other Ordinances or parts of Ordinances of the City of Sultan inconsistent with the provisions or this Ordinance are hereby repealed to the extent of such inconsistency.
Section 4 Severability: If any provision of this Ordinance or its application to any person or circumstance are held invalid, the remainder of the Ordinance or application of the provisions of the Ordinance to other person or circumstances is not affected.
Section 5 Effective Date: This Ordinance shall be in full force and effect five days after publication as required by law.
PASSED by the City Council and Approved by the Mayor this ______ day of _____________ 2006.
CITY OF SULTAN
By ____
Ben Tolson, Mayor
Attest:
By
Laura J. Koenig, Clerk/Treasurer
Approved as to form:
By
Thom H. Graafstra, City Attorney
SULTAN CITY COUNCIL
AGENDA ITEM COVER SHEET
Date: June 8, 2006
Agenda Item #: Consent C 1
SUBJECT: Council minutes
CONTACT PERSON: Laura Koenig, City Clerk
SUMMARY STATEMENT:
Attached are the minutes of the May 25, 2006 regular Council meeting, as on file in the Office of the City Clerk.
RECOMMENDATION: Approval as submitted.
Action Date:
COUNCIL ACTION:
1763-06
CITY OF SULTAN COUNCIL MEETING – May 25, 2006
The regular meeting of the Sultan City Council was called to order in the Sultan Community Center by Mayor Pro-tem Seehuus. Councilmembers present: Slawson, Flower, Blair and Boyd.
Absent: Champeaux, Wiediger and Tolson
ADDITIONS TO THE AGENDA:
Executive Session: Add potential Litigation and real estate acquisition
Discussion: Add Interim Comprehensive Plan Amendment
COMMENTS FROM THE PUBLIC
Debbie Copple and Gordon MacDonald: Thanked the City for helping with the island flower planting. They gave a brief presentation on the Shindig events for this year and presented the logo designed by Rhonda Dickson from the Monroe Monitor. An exhibit of items from Sam’s Saw Shop will be on display and there will be a memorial to Sam Wold which will highlight his Indian heritage and military service.
Debbie Copple advised that the High School Marching and Jazz Band did an excellent job of representing the City during their performance in Disneyland.
Kerry Qurada: Attended the meeting on the Ramirez PUD and heard that the City had a moratorium in place on PUD’s and asked why the project was accepted during the moratorium period. The application should not have been accepted and they should have to restart the project. Requested that Council reject the PUD and require them to resubmit.
Loretta Storm: Recommended that the Council listen to the tape on the Ramirez hearing to see how plats are being processed by staff. Need to take more care and heed the legalities. Transit is an issue on the Sultan Basin Road as the nearest bus stop is a mile away and residents must use a dangerous road for access. In regards to the proposed interlocals with Snohomish County, Dave Somers, County Representative, did not know anything about the proposals. Provisions appear to create more work for the Sultan Police Department.
COUNCILMEMBERS COMMENTS:
Blair: Commended the High School Band for their representation of the city.
Flower: Noted that the Dyer Road plat will be presented to the Council for action and it would not be appropriate to comment at this time. Agrees that the Sultan Basin Road is dangerous for walkers.
Slawson: Asked if there was a moratorium on PUD’s? Thom Graafstra, City Attorney, advised that there was a moratorium at one time, however, he does not know if it applied to this application.
STAFF REPORTS:
Public Works: Connie Dunn, Public Works Director, advised that the group working on the Sewer Facility Plan will be presenting recommendations at the June 13, 2006 workshop.
Grant Report: Donna Murphy announced that the Visitors Center received a CTED award for outstanding design of the building and in June the City will receive the AWC Municipal Achievement Award on the building. The City/School Committee alliance group is working on an emergency warning system funded by the PUD as part of the dam re-license process.
Finance: Gordon Hey, Interim Finance Director, advised that financial system conversion is going well and that staff is running parallel systems without problems. The Finance Department will do a budget call in July and is working on financial policies and procedures.
1764-06
CITY OF SULTAN COUNCIL MEETING – May 25, 2006
Planning: Rick Cisar advised that a comprehensive training program for the new Planning Board has been set up during June. In response to questions regarding park mitigation fees, advised that the Planning Board will be reviewing the proposed ordinance.
CONSENT AGENDA:
The following items are incorporated into the consent and approved by a single motion of the Council. On a motion by Councilmember Flower, seconded by Councilmember Blair, the consent agenda was approved as presented. Champeaux – aye; Wiediger – aye; Slawson – aye; Seehuus - aye; Flower – aye; Blair – aye, Boyd – aye.
ACTION ITEMS:
Resolution 06-05 Shindig Event: Rick Cisar reviewed the resolution that designates the Shindig as an annual event and prohibits animals, bikes, and skateboards in the event area. On a motion by Councilmember Boyd, seconded by Councilmember Flower, Resolution 06-05, Shindig Event, was adopted. All ayes.
5th Street Signal Project: Connie Dunn, Public Works Director, advised that the 5th Street Signal Project was completed and accepted by the engineers on April 10, 2006 and recommended that the Council accept the project. On a motion by Councilmember Flower, seconded by Councilmember Blair, the 5th Street Signal Project was accepted as complete. All ayes.
Ordinance 925-06 General Sewer Plan: Connie Dunn, Public Works Director, reviewed the ordinance that provides for an amendment to the General Sewer Plan. Councilmember Blair objected to the payment to the engineers for the amended population projections when that work was supposed to be part of the original contract and staff was suppose to complete the work and also feels that staff should reveal that there will be additional fees during discussion.
On a motion by Councilmember Boyd, seconded by Councilmember Slawson, Ordinance 925-06, General Sewer Plan, was introduced and passed on to a second reading. All ayes.
Ordinance 926-06 Water System Plan: Connie Dunn reviewed the ordinance that provides for an amendment to the Water System Plan. Councilmember Blair advised that the objections for this amendment are the same as for the Sewer Plan.
On a motion by Councilmember Boyd, seconded by Councilmember Slawson, Ordinance 926-06, Water System Plan, was introduced and passed on to a second reading. All ayes.
Ordinance 924-06 Planning Board: Rick Cisar, Planning Director, reviewed the changes to the ordinance that were requested by the Council. Brief discussion was held regarding vacancies, the council liaison and reporting requirements.
On a motion by Councilmember Blair, seconded by Councilmember Flower, Ordinance 924-06, Planning Board, was introduced and passed on to a second reading. All ayes.
1765-06
CITY OF SULTAN COUNCIL MEETING – May 25, 2006
Resolution 06-06 Steen Park: The applicant has submitted a request that the matter be continued to the next meeting. On a motion by Councilmember Flower, seconded by Councilmember Boyd, the matter was continued to the June 8, 2006 Council meeting. All ayes.
Brief discussion was held regarding the Hearing Examiners recommendation and the payment of mitigation fees for police service.
Councilmember Blair moved to direct staff to prepare an additional resolution that accepts the hearing examiner recommendation and refers the matter back to the hearing examiner. Seconded by Councilmember Slawson. All ayes, except Councilmember Boyd who vote nay.
Resolution 06-07 Cascade Breeze: The applicant has submitted a request that the matter be continued to the next meeting. On a motion by Councilmember Slawson, seconded by Councilmember Flower, the matter was continued to the June 8, 2006 Council meeting. All ayes.
Councilmember Blair moved to direct staff to prepare an additional resolution that accepts the hearing examiner recommendation and refers the matter back to the hearing examiner. Seconded by Councilmember Slawson. All ayes, except Councilmember Boyd who vote nay.
Council Workshop: Gordon Hey advised that there are several financial issues that need to be discussed and requested that the Council set a workshop date. A workshop was set for June 15, 2006 at 6:30 PM to discuss financial matters.
Interlocal Agreements: Thom Graafstra, City Attorney, presented draft Interlocal agreements for park and police services with Snohomish County which address the use of City facilities and services by County residents. The consensus of the Council was to have the Mayor pursue the interlocals with Snohomish County.
DISCUSSION ITEMS:
Animal Control: Councilmember Slawson provided a sample Interlocal for animal control services from Snohomish County for discussion. Council requested that the staff look into the matter further.
June 22, 2006 Council Meeting: Council requested that staff prepare the necessary notices to change the meeting to June 15, 2006.
Interim Comp Plan Amendments: Discussion was held on the level of service for police that was included in the 2004 Comprehensive Plan. The plan provides for 2.6 officers per thousand residents but does not take into account the financial issue of the City. Voter approved tax cuts have reduced the City’s ability to fund the police department to the levels provided for in the Comprehensive Plan.
Rick Cisar advised that the level of service will be included in the comprehensive plan amendments that the Planning Board will be working on this year. The current level of service in the plan is based on the conditions that existed in 2004. The level of service element is not a required part of the comprehensive plan, it is optional. Brief discussion was held on lowering or eliminating the level of service for the police department and preparing an interim ordinance to implement the change immediately.
Staff was directed to prepare a draft ordinance for the June 8, 2006 Council meeting.
PUBLIC COMMENTS
Jerry Gibson: Must deal with the concurrency issue and since the Comp Plan was adopted, the level of service has gone down and population has gone up. The Council is only taking action to change the level of service due to the current hearing examiner decisions on the plats. They should be concerned about the service to the citizens and not change to accommodate the developers.
1766-06
CITY OF SULTAN COUNCIL MEETING – May 25, 2006
Josie Fallgatter: In the Steen and Cascade Breeze plats the Hearing Examiner decision was to return the plats to applicant for compliance with concurrency. There is a concurrency ordinance that includes police, water, sewer, parks and streets and there must be an identified level of service. The plan is suppose to be a 20 year plan and there should not be emergencies. If they change the plan to lower the level of service, they must notify the public of their intent. There are requirements for changing the plan and concurrent review of the docketed items must occur.
Loretta Storm: The Council is in a tough position now. They had to raise sewer rates because other councils did not take action and if they cut back police service they will be criticized. Must find a way to fund services and not cut services. The developer has property rights but the other residents also have rights that will be impacted by the plats.
COUNCIL COMMENTS
Boyd: Noted that reducing the level of service number does not reduce the number of police officers. Retail sales tax is not sufficient to support the police services and the level of service element can be removed from the concurrency requirements.
Blair: The Council is not reducing the current police department, the issue is the LOS in the comp plan.
They have been looking at the issue for over a year and it did not come up because of the current plats. The issue should have been addressed this year as part of the comp plan amendment.
Flower: Would like to see more police and the interlocals with the County are an attempt to recover some of the cities cost incurred for providing police service to the county.
Executive Session: On a motion by Councilmember Flower, seconded by Councilmember Boyd, the Council adjourned to executive session for forty five minutes to discuss potential litigation and real estate acquisition. All ayes.
Adjournment: On a motion by Councilmember Boyd, seconded by Councilmember Slawson, the meeting adjourned at 9:45 PM.
Benjamin Tolson, Mayor
Laura J. Koenig, Clerk/Treasurer.
SULTAN CITY COUNCIL
AGENDA ITEM COVER SHEET
Date: June 8, 2006
Agenda Item #: Consent C 2
SUBJECT: Hearing Minutes
CONTACT PERSON: Laura Koenig, City Clerk
SUMMARY STATEMENT:
Attached are the minutes of the May 11, 2006 Closed Record Hearing on the Cascade Breeze Preliminary plat, as on file in the Office of the City Clerk.
RECOMMENDATION: Approval as submitted.
Action Date:
COUNCIL ACTION:
1769-06
CITY OF SULTAN COUNCIL MEETING – May 11, 2006
Closed Record Hearing – Cascade Breeze: The Closed record hearing on the Cascade Breeze Cluster Subdivision was opened by Mayor Tolson. Councilmembers present: Champeaux, Wiediger, Slawson, Flower, Blair and Boyd. There were no objections to the Council participation in the hearing. The following disclosures were made by Councilmembers:
Councilmember Blair received an e-mail from Judy and Stan Heydricks outlining their concerns regarding the Hearing Examiner’s opinions and how the council should proceed.
Councilmember Slawson advised that he received the same e-mail.
Councilmember Flower advised that he is on committees with Mr. York but has not discussed the projects.
Mayor Tolson advised that he received the e-mail from the Heydricks.
All Councilmembers noted that the information received has not impact their opinions and they can impartially decide on the matter.
Staff:
Rick Cisar, Community Development Director provided the staff report. The Hearing Examiner held an Open Record Hearing on April 12, 2006 and considered a request for the Cascade Breeze Preliminary Custer subdivision, File Number No. FPCUP05-002. Based on the Findings of Fact and Conclusions, the testimony and evidence submitted at the Open Record Hearing, the Hearing Examiner’s site view, the Examiner recommends:
(1) that Cascade Breeze Estates be returned to the applicant for modification as necessary to
demonstrate compliance with Chapter 16.108 SMC, concurrency management system, regarding police services and parks, recreation and open space; and
(2) the examiner would recommend approval of 1) the proposed preliminary subdivision of Cascade Breeze Estates; and 2) the requested conditional use permit to allow clustering within Cascade Breeze Estates, both subject to the attached conditions, if the concurrency problems identified in the body of the recommendation could be solved.
A request for Reconsideration of the Hearing Examiner’s Recommendation, submitted by the City, allowing the Applicant and City to present new evidence of compliance with Chapter 16.108 SMC, Concurrency Management System was denied by the Hearing Examiner on May 2, 2006.
The Hearing Examiner Summary, page 12 Number’s 17 and 18 read as follows:
17. Police services and parks, recreation, and open space lands are below the LOS standards established within the 2004 Comprehensive Plan as incorporated into Chapter 16.108 SMC. Approval and development of Cascade Breeze Estates will only lower the LOS’s even further. The evidence does not demonstrate compliance with either SMC 16.108.060(B) or (C). Therefore, in accordance with the mandate in SMC 16.108.060, Cascade Breeze Estates may not be approved.
18. The City may take one of three actions on a preliminary subdivision application: Approve it with or without conditions; return it to the applicant for modification to correct identified shortcomings; or deny it. [SMC 16.28.330(C)] Since this problem arose unexpectedly during the open record hearing, the fairest solution is to return the application to York for modification.
Applicant:
Garth York advised that he would like to contest the interpretation of the code as the new annexations provide concurrency for parks. He should have to take care of the LOS for this development not for the city. The Hearing Examiner is making his interpretation of the code and the City needs to make theirs. He is willing to pay impact fees for this development until property taxes are paid. Requested
1770-06
CITY OF SULTAN COUNCIL MEETING - May 11, 2006
clarification on the level of service applies to this project. The Hearing Examiner recommended that the City address the issue of level of service and they are going to pay for service on a long range basis.
Public Input:
Josie Fallgatter: Noted that the decision needs to be based on the evidence in the record not on Mr. York’s interpretation of the code. Encouraged the council keeps this a livable city and not trade away levels of service. With more people there is more need for police and park services. There are codes that were adopted and they should be enforced.
Garth York: This is an interpretation of the code and he is willing to pay his fair share. Adding officers will provide better protection but it is the city’s business to fund the officers, not the developers. The City did not have the required number of officers at the time the comp plan was adopted.
Council Discussion:
Discussed whether the pro-rata share was a part of the hearing and if the developer agreements address the concurrency issue. Need to decide what is best for the community and provide long term solutions for increased needs for services.
On a motion by Councilmember Champeaux, seconded by Councilmember Boyd, the public hearing was closed. All ayes.
On a motion by Councilmember Boyd, seconded by Councilmember Champeaux, the staff was directed to provide two options for consideration, one with approval without conditions and the other that accepts and approves the plat but places a condition on the plat that the necessary public facility and service be in place with the occurrence of development. All ayes accept Councilmember Blair who voted nay.
Benjamin Tolson, Mayor
Laura Koenig, City Clerk
SULTAN CITY COUNCIL
AGENDA ITEM COVER SHEET
Date: June 8, 2006
Agenda Item #: Consent C 3
SUBJECT: Hearing Minutes
CONTACT PERSON: Laura Koenig, City Clerk
SUMMARY STATEMENT:
Attached are the minutes of the May 11, 2006 Closed Record Hearing on the Steen Park Preliminary plat, as on file in the Office of the City Clerk.
RECOMMENDATION: Approval as submitted.
Action Date:
COUNCIL ACTION:
1767-06
CITY OF SULTAN COUNCIL MEETING – May 11, 2006
Closed Record Hearing – Steen Park: The Closed record hearing on the Steen Park Cluster Subdivision was opened by Mayor Tolson. Councilmembers present: Champeaux, Wiediger, Slawson, Flower, Blair and Boyd. There were no objections to the Council participation in the hearing. The following disclosures were made by Councilmembers:
Councilmember Blair received an e-mail from Judy and Stan Heydricks outlining their concerns regarding the Hearing Examiner’s opinions and how the council should proceed.
Councilmember Slawson advised that he received the same e-mail.
Councilmember Flower advised that he is on committees with Mr. York but has not discussed the projects.
Mayor Tolson advised that he received the e-mail from the Heydricks.
All Councilmembers noted that the information received has not impacted their opinions and they can impartially decide on the matter.
Staff: Rick Cisar, Community Development Director, advised that the Hearing Examiner held an Open Record Hearing on April 12, 2006 and considered a request for the Steen Park Preliminary Custer subdivision, File Number No. FPCUP05-003. Based on the Findings of Fact and Conclusions the testimony and evidence submitted at the open record hearing, the Hearing Examiner’s site view, the Examiner recommends:
(1) that Steen Park subdivision be returned to the applicant for modification as necessary to demonstrate compliance with chapter 16.108 SMC, concurrency management system, regarding police services and parks, recreation and open space; and
(2) the examiner would recommend approval of 1) the proposed preliminary subdivision of Steen Park; 2) the plat modification for cul-de-sac length; and
(3) the requested conditional use permit to allow clustering within Steen park, all subject to the
attached conditions, if the concurrency problems identified in the body of the recommendation
could be solved.
A request for Reconsideration of the Hearing Examiner’s Recommendation, submitted by the City, allowing the Applicant and City to present new evidence of compliance with Chapter 16.108 SMC, Concurrency Management System was denied by the Hearing Examiner on May 2, 2006.
Hearing Examiner Summary, page 12 Number’s 17 and 18 read as follows:
17. Police Services and parks, recreation, and open space lands are below the LOS standards established within the 2004 Comprehensive Plan as incorporated into Chapter 16.108 SMC. Approval and development of Steen Park will only lower the LOS’s even further. The evidence does not demonstrate compliance with either SMC 16.108.060(B) or (C). Therefore, in accordance with the mandate in SMC 16.108.060, Steen Park may not be approved.
18. The City may take one of three actions on a preliminary subdivision application: Approve it with or without conditions; return it to the applicant for modification to correct identified shortcomings; or deny it. [SMC 16.28.330(C)] Since this problem arose unexpectedly during the open record hearing, the fairest solution is to return the application to York for modification.
Read Order denying reconsideration paragraph 3 into the record.
Discussion was held on the Level of Service for police and park services and how long the city has been below the required level. Other applications were approved under the prior Comp Plan which had a
1768-06
CITY OF SULTAN COUNCIL MEETING – May 11, 2006
different level of service requirement. Further discussion was held regarding developer agreements, concurrency, the need for residential development to encourage business, funding issues and how the level of service was determined. Thom Graafstra, City Attorney, advised the Council that they must make their decision based on the record from the hearing.
Applicant: Garth York advised that he was disappointed that Hearing Examiner did not accept the reconsideration request. The Hearing Examiner did discuss a developer agreement for another project for police services and the parks issue has been addressed by the recent annexation. The code addresses facilities, not services and the exemptions include anything that does not require a SEPA. Was not aware that the level of service was an issue because it was not addressed in any prior projects. Is willing to pay his pro-rata share of the cost for service until taxes are collected as the code does allow for developer agreements.
PUBLIC COMMENT:
Josie Fallgatter: The level of service exists because the council adopted the comp plan and the concurrency exists because council adopted the ordinance. Mr. York was impacted by this decision but he was given erroneous information about the LOS when he submitted his application. Code is what it is and it does have a concurrency section.
Garth York: He believed that the Level of service was addressed in the 1994 comp plan. In regards to the park issue, with the addition of the annexed property, that issue goes away.
Discussion:
Brief discussion was held on the annexation of the park property. Josie Fallgatter challenged the discussion on the matter as it was not part of the public record as the annexation occurred after the hearing. Staff advised that the information could be entered into the record if the matter was referred back to the Hearing Examiner.
Discussion was held on the level of service and concurrency requirements. Thom Graafstra, City Attorney, advised that if the application was returned to the Hearing Examiner, then additional information could be entered into the record to show concurrency. Other hearings that have been held in the past two weeks have demonstrated that concurrency can be met. All other conditions of the plat have been met and the Council can accept and grant plat approval, deny, recommend changes or refer the matter back to the Hearing Examiner.
Further discussion was held on developer agreements and the fact that the City can not require them and the need to proceed with caution. The issue of concurrency and who is responsible for providing for the services needs to be resolved by the Council.
On a motion by Councilmember Boyd, seconded by Councilmember Champeaux, the public hearing was closed. All ayes.
On a motion by Councilmember Boyd, seconded by Councilmember Champeaux, the staff was directed to provide two options for consideration, one with approval without conditions and the other that accepts and approves the plat but places a condition on the plat that the necessary public facility and service be in place with the occurrence of development. All ayes accept Councilmember Blair who voted nay.
Benjamin Tolson, Mayor
Laura Koenig, City Clerk
SULTAN CITY COUNCIL
AGENDA ITEM COVER SHEET
Date: June 8, 2006
Agenda Item #: Consent C 4
SUBJECT: Voucher Approval
CONTACT PERSON: Laura Koenig, City Clerk/Deputy Finance
SUMMARY STATEMENT:
Approval of Vouchers # 06-482 through #06-509 in the amounts of $25,850.32 and payrolls through May 19, 2006 in the amount of $55,776.77 to be drawn and paid on the proper accounts.
FISCAL IMPACTS:
Expenditure Required: $81,627.09
RECOMMENDATION: Recommend approval as submitted.
COUNCIL ACTION:
Action Date:
SULTAN CITY COUNCIL
AGENDA ITEM COVER SHEET
ITEM NO: Consent C 5
DATE: June 8, 2006
SUBJECT: Council Meeting
CONTACT PERSON: Laura Koenig, City Clerk
SUMMARY: The AWC Conference will be held the week of June 19th and the Mayor and several Councilmembers will be attending. There will not be a quorum available for the June 22, 2006 Council meeting.
The Council, by consenus, decided to change the second meeting for June to June 15, 2006.
FISCAL IMPACT:
RECOMMENDED Change the date for the regularly scheduled of June 22, 2006 to June 15, 2006.
ACTION:
COUNCIL ACTION:
DATE:
SULTAN CITY COUNCIL
AGENDA ITEM COVER SHEET
ITEM NUMBER: A-1
DATE: June 8, 2006
SUBJECT: Resolution Number 06-06A approving the Steen Park Development and Resolution Number 06-06B Accepting the Hearing Examiner’s Recomendatrion and remanding the Steen Park Application back to the Hearing Examiner.
CONTACT PERSON: Rick Cisar, Director of Community Development
SUMMARY: Staff at the direction of City Council has prepared two Resolutions Number 06-06A Approving the Steen Park Development and 06-06B accepting the Recommendation of the Hearing Examiner and remanding the Application back to the Hearing Examiner.
FISCAL IMPACT: Preparation and processing of Resolution.
RECOMMENDATION: In consideration of the information presented at the Closed Record Hearing held on May 11, 2006 move for Adoption of Resolution 06-06A or 06-06B.
ACTION:
_____________________________________________________________________
COUNCIL ACTION:
DATE:
CITY OF SULTAN
Sultan, Washington
RESOLUTION NO. 06-06A
A RESOLUTION OF THE CITY OF SULTAN APPROVING STEEN PARK PRELIMINARY SUBDIVISION, PLAT MODIFICATION TO ALLOW A LONGER THAN STANDARD CUL-DE-SAC AND CONDITIONAL USE PERMIT TO CLUSTER THE LOTS
WHEREAS Cascade Breeze, Inc. filed an application for approval of the Steen Park Preliminary Subdivision, Plat Modification to allow a longer than standard cul-de-sac and Conditional Use Permit to cluster the lots;
WHEREAS an Open Record Hearing occurred before the City’s Hearing Examiner on April 12, 2006;
WHEREAS the Hearing Examiner made a Recommendation dated April 18, 2006;
WHEREAS City staff sought reconsideration of the Hearing Examiner’s Decision as it pertains to issues relating to concurrency;
WHEREAS the Hearing Examiner Denied Reconsideration;
WHEREAS the Application came before the City Council for a Closed Record Hearing on May 11, 2006;
WHEREAS the City Council has determined based upon the law and the facts to accept the Hearing Examiner’s Recommendation in part and to reject the Hearing Examiner’s Recommendation in part;
NOW, THEREFORE:
1. The City Council grants Preliminary Subdivision Approval for Steen Park, a Plat Modification to allow a longer than standard cul-de-sac and Conditional Use Permit Approval to cluster the lots in accordance with the Findings of Fact and Conclusions and the Recommended Conditions of Approval set out in the Appendix beginning at page 14 of the Hearing Examiner’s Recommendation.
2. Commencing at page 3 of the Hearing Examiner’s Recommendation, the Hearing Examiner made 13 Findings of Fact. The Council adopts the Hearing Examiner’s Findings of Fact. The Council also takes judicial notice of, and makes the following additional Findings of Fact:
14. Subsequent to the Open Record Hearing in this matter on April 12, 2006, the City Council enacted Ordinance 922-06 annexing 35 acres adjoining the City’s Water Treatment Plant to the City and designating said property for public use, including public parks. This property is suitable for public park use, and should be counted in the land available as public park in the City. The addition of this acreage provides sufficient additional public park facilities in the City so that the City’s level of service for parks is still met, notwithstanding this Application.
15. Applicant offered at the Closed Record Hearing a Developer Agreement to pay the Developer’s pro rata share for one year of the cost of a police officer to mitigate the impacts of this development. Thereafter, the revenues from real estate taxes on the increased value of the property will be available to the City’s General Fund.
3. Commencing at page 9 of the Hearing Examiner’s Recommendation, the Hearing Examiner made 19 Conclusions of Law. The City Council adopts the Hearing Examiner’s first two Conclusions of Law and rejects the balance of the Hearing Examiner’s Conclusions of Law. The City Council enters its own Conclusions of Law reading as follows:
3. Based upon Finding of Fact 14 above, this proposed Development does not lower the existing Level of Service for parks below the adopted LOS in the Comprehensive Plan.
4. The City’s existing Level of Service for police is below the adopted LOS in the Comprehensive Plan. The LOS failure for police, however, was not caused by this proposed Development, and the further reduction in the LOS caused by this proposed Development is modest by comparison to the existing deficiency.
5. The Council takes notice of the Recommendations in the Prothman Report accepted by the Council and Ordinance 900-06. The City has adopted a utility tax applicable to its municipal utilities and has received Recommendations for additional tax adoptions, including a utility tax on cable television service, an increased real estate excise tax, and a B & O tax. Other funding sources could include potential developer loans to advance the receipt of payment of needed funds, and monies contributed by proposed development for their impacts on the LOS. A combination of developer agreements and public funds will put in place the required public services for police concurrent with the development impacts, and provide appropriate strategies for the six years from the time of development to achieve the necessary police LOS as now established or as subsequently revised.
6. The Council takes notice of the Applicant’s offer at the ClosedRrecord Hearing to deliver to the City a Developer Agreement to pay Applicant’s incremental share for a police officer for one year.
7. Based upon the foregoing, this proposed Development is deemed concurrent.
PASSED BY THE Sultan City Council and APPROVED by the Mayor this _____ day of ______________________ 2006.
CITY OF SULTAN
By___________________________
Ben Tolson, Mayor
Attest:
By______________________________
Laura Koenig, City Clerk
By______________________________ By______________________________
Council Member Flower Council Member Champeaux
By______________________________ By______________________________
Council Member Blair Council Member Slawson
By______________________________ By______________________________
Council Member Boyd Council Member Seehuus
By______________________________
Council Member Wiediger
CITY OF SULTAN
Sultan, Washington
RESOLUTION NO. 06-06 B
A RESOLUTION OF THE CITY OF SULTAN APPROVING STEEN PARK PRELIMINARY SUBDIVISION, PLAT MODIFICATION TO ALLOW A LONGER THAN STANDARD CUL-DE-SAC AND CONDITIONAL USE PERMIT TO CLUSTER THE LOTS
WHEREAS Cascade Breeze, Inc. filed an application for approval of the Steen Park Preliminary Subdivision, Plat Modification to allow a longer than standard cul-de-sac and conditional use permit to cluster the lots;
WHEREAS an open record hearing occurred before the City’s Hearing Examiner on April 12, 2006;
WHEREAS the Hearing Examiner made a recommendation dated April 18, 2006;
WHEREAS City staff sought reconsideration of the Hearing Examiner’s decision as it pertains to issues relating to concurrency;
WHEREAS the Hearing Examiner denied reconsideration;
WHEREAS the application came before the City Council for a closed record hearing on May 11, 2006;
WHEREAS the City Council has determined based upon the law and the facts to accept the Hearing Examiner’s recommendation and to remand the application to the Hearing Examiner to allow the applicant to supplement his application and to demonstrate compliance with the requirements of City Code, in particular concurrency;
NOW, THEREFORE:
1.4.
The City Council accepts the recommendation of the Hearing
Examiner and remands this application to the Hearing Examiner to allow the
applicant to submit additional evidence and information to demonstrate
compliance with City code, in particular concurrency. The Hearing Examiner
shall provide the applicant expedited review and shall provide a new
opportunity for an open record hearing as soon as possible.
PASSED BY THE Sultan City Council and APPROVED by the Mayor this _____ day of ______________________ 2006.
CITY OF SULTAN
By___________________________
Ben Tolson, Mayor
Attest:
By______________________________
Laura Koenig, City Clerk
By______________________________ By______________________________
Council Member Flower Council Member Champeaux
By______________________________ By______________________________
Council Member Blair Council Member Slawson
By______________________________ By______________________________
Council Member Boyd Council Member Seehuus
By______________________________
Council Member Wiediger
SULTAN CITY COUNCIL
AGENDA ITEM COVER SHEET
ITEM NUMBER: A-2
DATE: June 8, 2006
SUBJECT: Resolution Number 06-07A Approving the Cascade Breeze Development and Resolution Number 06-07B accepting the Hearing Examiner’s Recomendatrion and remanding the Cascade Breeze Application back to the Hearing Examiner.
CONTACT PERSON: Rick Cisar, Director of Community Development
SUMMARY: Staff at the direction of City Council has prepared two Resolutions Number 06-07A Approving the Cascade Breeze Development and 06-07B Accepting the Recommendation of the Hearing Examiner and remanding the Application back to the Hearing Examiner.
FISCAL IMPACT: Preparation and processing of Resolution.
RECOMMENDATION: In consideration of the information presented at the Closed
ACTION: Record Hearing held on May 11, 2006 move for Adoption of Resolution 06-07A or 06-07B.
_____________________________________________________________________
COUNCIL ACTION:
DATE:
CITY OF SULTAN
Sultan, Washington
RESOLUTION NO: 06-07A
A RESOLUTION OF THE CITY OF SULTAN APPROVING CASCADE BREEZE ESTATES PRELIMINARY SUBDIVISION AND TO ALLOW A CONDITIONAL USE PERMIT TO CLUSTER THE LOTS
WHEREAS Cascade Breeze, Inc. filed an Application for approval of the Cascade Breeze Estates Preliminary Subdivision, and for a Conditional Use Permit to cluster the lots;
WHEREAS an Open Record Hearing occurred before the City’s Hearing Examiner on April 12, 2006;
WHEREAS the Hearing Examiner made a Recommendation dated April 18, 2006;
WHEREAS City Staff sought Reconsideration of the Hearing Examiner’s decision as it pertains to issues relating to concurrency;
WHEREAS the Hearing Examiner Denied Reconsideration;
WHEREAS the Application came before the City Council for a Closed Record Hearing on May 11, 2006;
WHEREAS the City Council has determined based upon the law and the facts to accept the Hearing Examiner’s Recommendation in part and to reject the Hearing Examiner’s Recommendation in part;
NOW, THEREFORE: