SULTAN CITY COUNCIL MEETING
319 MAIN STREET
March 23, 2006
5:30 pm Start (with hearings)
5:30 PM Public Hearing - Shoreline Master Programs
6:00 PM Public Hearing - PUD Lot Size
6:30 PM Planning Agency Public Hearing - Critical Areas Regulations
7:00 PM 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
Pubic Hearing - 2006 Budget Amendments
1) Police Department
2) Public Works
3) Grant Report
4) Finance
CONSENT AGENDA: The following items are incorporated into the consent agenda and approved by a single motion of the Council.
1) Minutes of the March 9, 2006 regular Council Meeting
2) Approval of Vouchers
3) Contract with Capital Architects for design work on the Reese and Sportsman Park projects
ACTION ITEMS:
1) Public Hearing on Ordinance 918-06 Critical Areas
2) Ordinance 916-06 Business License - 1st reading
3) Ordinance 917-06 PUD Lot Size - 1st reading
4) Ordinance 919-06 Animal Control - 1st reading
5) White Short Plat - ROW and Improvement Dedications
6) Resolution 06-03 Emergency Preparedness Alliance
7) School Bond Issue – Letter of support
8) Snohomish County Tommorrow Representative
DISCUSSION: Time Permitting
PUBLIC COMMENT
COUNCILMEMBER RESPONSE TO PUBLIC COMMENTS
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.
SULTAN CITY COUNCIL
AGENDA ITEM COVER SHEET
ITEM NUMBER: Rescheduled Shoreline Master Program (SMP)Public Hearing
DATE: March 23, 2006
SUBJECT: Conduct Rescheduled Public Hearing at 5:30 p.m. on Shoreline Master Program (SMP).
CONTACT PERSON: Rick Cisar, Director of Community Development
SUMMARY: The attached Shoreline Master Program (SMP) represents the culmination of the City’s four-year effort to complete a Shoreline Master Program Update consistent with the Shoreline Management Act and the Shoreline Master Program Guidelines (Guidelines). In July of 2001, a Coastal Zone Management (CZM) Grant was awarded for Phase I, Shoreline Inventory and analysis of Shoreline Conditions. Under a second CZM Grant the City focused on integration and development of Shoreline Designations and initial drafting of Goals and Policies. In Phase III, with State “Shoreline Master Program Grant,” the City refined Goals, Policies and Designations, developed Shoreline Regulations and initiated this adoption process. The Updated SMP includes compatible policies and procedures addressing SMA/GMA integration, Shoreline Management issues, Public Access, Vegetation Management, Administration Procedures, and other policies as required by the Shoreline Management Act.
I have attached for City Council’s consideration written comments received from the Heydricks (e-mail dated 3-9-06), unsigned letter to Roger Wagoner fo Berryman and Henigar (dated 3-7-06) and the Pilchuck Audubon Society (dated 3-9-06) on the Shoreline Master Program (SMP).
FISCAL IMPACT: Staff time in preparing and processing the Ordinance and $70,000 in Grant Funding to complete the SMP Update.
RECOMMENDED Conduct Public Hearing on Shoreline Master Program (SMP) and
ACTION: therafter direct Staff to schedule Introduction and First Reading of Ordinance adopting the Shoreline Master Program to include Recommendations of City Council.
_____________________________________________________________________
COUNCIL ACTION:
DATE:
SULTAN CITY COUNCIL
AGENDA ITEM COVER SHEET
ITEM NO#: A- 3 Conduct Public Hearing on Average and Minimum Lot Sizes in Planned Unit Developments
DATE: March 23, 2006
SUBJECT: Conduct Public Hearing on Ordinance 917-06 providing for Average and Mimimum Lot sizes in Planned Unit Developments
CONTACT PERSON: Rick Cisar, Director of Community Development
SUMMARY: Staff has prepared Proposed Regulations establishing Average and Minimum Lot Sizes in Planned Unit Developments (PUD’s). The Proposed Regulations have been sent to the State Department of Community Trade and Economic Development for their 60-day review beginning on December 19, 2005. Also, an Enviromental Checklist and Determination of Non Significant has been issued and sent to Reviewing Agencies on December 21, 2005.
In addition to the procedural requirements, Staff has sent copies of the Proposed Regulations to all Parties of Interest who participated in the early PUD Lot Size Discussions.
FISCAL IMPACT: None
RECOMMENDED Conduct Public Hearing and thereafter during the Regular
ACTION: Session of the City Council introduce Ordinance 917-06 on First Reading and pass on to Second Reading.
_____________________________________________________________________
COUNCIL ACTION:
DATE:
CITY OF SULTAN
Sultan, Washington
ORDINANCE NO. 917-06
AN ORDINANCE OF THE CITY OF SULTAN AMENDING THE TABLE OF DIMENSIONAL AND DENSITY REQUIREMENTS OF THE SULTAN MUNICIPAL CODE OF SECTIONS 16.12.010 LOW/MODERATE (LMD) ZONE AND 16.12.020 MODERATE DENSITY (MD) ZONE AND 16.12.030 (HD) HIGH DENSITY AMENDING THE MINIMUM AREA SIZE AND PROVIDING FOR AN AVERAGE LOT SIZE AND A MINIMUM LOT SIZE FOR SINGLE FAMILY DETACHED DWELLINGS DEVELOPED UNDER THE PLANNED UNIT DEVELOPMENT PROVISION WITHIN THOSE ZONING DISTRICTS AND CHAPTER16.10 PLANNED UNIT DEVELOPMENT AND AMENDING SMC16.12030 B TO ADD PLANNED UNIT DEVELOPMENT AS PERMITTED IN THE HIGH DENSITY (HD) ZONE.
THE CITY COUNCIL OF THE CITY OF SULTAN, WASHINGTON DO HEREBY ORDAIN AS FOLLOWS:
Section 1. SMC 16.12.010 Table of Dimensional and Density requirements is hereby amended to read as follows to reduce the Area requirement and establish Average and Minimum Lot sizes for Single Family Detached dwellings:
Uses Permitted
· Planned Unit Developments( Footnote 11) Maximum Units/Acre 4, Area 2 Acres, Lot Width (ft) 40, Lot Depth(ft)100,Setbacks: Front(ft) 20, Side(ft)5, rear(ft)20, Max. Bldg Hgt (ft) 30, Max Lot Coverage (%) 30.
· Footnote 11 Average and Minimum Lot Size: 4,500 sq ft average for all lots within the development with a minimum lot size of 4000 sq ft.
Section 2. SMC 16.12.020 Table of Dimensional and Density requirements is hereby amended to read as follows to reduce the Area requirements and establish Average and Minimum Lot Sizes for Single-family Detached dwellings:
Uses Permitted
· Planned Unit Development (Footnote 13) 11 Maximum Units/Acre 6, Area 2 Acres, Lot Width (ft) 40, Lot Depth (ft) 100, Setbacks: Front (ft) 20, Side (ft) 5, rear (ft) 20, Max. Bldg Hgt (ft) 30, Max Lot Coverage (%) 35.
Footnote 13 Average and Minimum Lot Size: 4,500 sq ft average for all lots within the development with a minimum lot size of 4000 sq. ft.
Section 3 SMC 16.12.030B is hereby amended to read as follows:
B. Permitted Uses.
1. Residential. Buildings occupied or intended to be occupied for residential purposes and supporting activities.
a. Single-family detached dwellings;
b. Duplexes or two-family dwellings;
c. Attached dwellings (townhouses, patio homes) of 12 dwelling units or less;
d. Zero-lot line dwellings of 12 dwelling units or less;
e. Multiple-family dwellings of 12 dwelling units or less;
f. Home occupations;
g. Accessory buildings/structures (including accessory dwelling units).
2. Planned Unit Developments.
Section 4 SMC 16.12.030 Table of Dimensional and Density requirements is hereby amended by adding under Uses Permitted, Planned Developments including Maximum Units per Acre, Minimum Lot Dimensions, Minimum Yard Setbacks, Maximum Building Height, and Maximum Lot Coverage and establishing Average and Minimum Lot Sizes for Single-Family Detached dwellings:
Uses Permitted
· Planned Unit Developments ( (Footnote11) Maximum Units/Acre 8.7, Area 2 Acres, Lot Width (ft) 40, Lot Depth(ft)75, Setbacks: Front(ft) 10, Side(ft)5, rear(ft)20, Max. Bldg Hgt (ft) 30, Max Lot Coverage (%) 55.
Footnote 11 Average and Minimum Lot Size: 4,500 sq ft average for all lots within the development with a minimum lot size of 4000 sq ft.
Section 5 Repealer: Any and all other Ordinance 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 6 Severability: If any provisions of this ordinance or its application to any person or circumstance are held invalid, the remainder of the Ordinance or applications of the provisions of the Ordinance to other person or circumstances is not affected.
Section 7 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, City Clerk
Approved as to form:
By
Thom H. Graafstra, City Attorney
SULTAN CITY COUNCIL
AGENDA ITEM COVER SHEET
ITEM NUMBER: Conduct Planning Agency Public Hearing on Critical Areas Ordinance (CAO)
DATE: March 23, 2006
SUBJECT: Conduct Public Hearing at 6:30 p.m. on Proposed Critical Areas Ordinance
CONTACT PERSON: Rick Cisar, Director of Community Development
SUMMARY: The attached Critical Areas Ordinance (CAO) includes the Recommended Draft Revisions and comments received by the City Council and Staff at the Public Workshop conducted on February 21, 2006. In addition to City Council, Public, and Staff Comments the CAO includes comments received from Laura Casey, Department of Ecology (DOE) and Washington Department of Fish and Wildlife (WDFW).
FISCAL IMPACT: Staff time in preparing and processing the Ordinance and $14, 700 in Consultant costs to complete the CAO Update.
RECOMMENDED Conduct Public Hearing on the Critical Areas Ordinance (CAO)
ACTION: and thereafter direct Staff to schedule Introduction and First Reading of the Ordinance before the City Council adopting the Critical Areas Ordinance to include Recommendations of the Planning Agency.
_____________________________________________________________________
COUNCIL ACTION:
DATE:
Sultan Basin Road
April 3, 2006, Wilder Construction will begin on the Sultan Basin Road realignment project with an end target date of July 23, 2006. The signal light is being ordered the week of March 20th and it is 10 weeks out for delivery, not necessarily good news, but it is supposed to be installed and working by the end of 2006.
Donna and I are working on a ground breaking ceremony for April 3, 2006.
City of Sultan Watershed
I spoke with Jim Frost at Lusignan Forestry, Inc. and there is NO beetle infestation in the watershed at this time. Four years ago we removed a few trees that had some beetle damage therefore taking care of the problem. Also, to my knowledge there is no problem in the forest land around the City’s Watershed.
Wastewater Treatment Plant Facilities Plan
Brown and Caldwell are continuing to work with the WWTP Staff doing testing, measurements and reporting. Bill McCarthy, Jane Lindsay, Gordon Hey and I will be meeting Friday, March 24, 2006 to discuss funding. If you would like to make yourself available, you are welcome to attend.
New Employee
April 3, 2006 the City of Sultan will have a new part time Public Works Employee.
SULTAN CITY COUNCIL
AGENDA ITEM COVER SHEET
Date: March 23, 2006
Agenda Item #: Consent C 1
SUBJECT: Council minutes
CONTACT PERSON: Laura Koenig, City Clerk/Deputy Finance
SUMMARY STATEMENT: Attached are the minutes of the March 9, 2006 regular Council Meeting and Public Hearings as on file in the Office of the City Clerk.
RECOMMENDATION: Approval as submitted.
Action Date:
1735-06
CITY OF SULTAN PUBLIC HEARING – March 9, 2006
The public hearing on the Shoreline Master Program was called to order in the Sultan Community Center by Mayor Tolson. Mayor Tolson announced that there was not a quorum present and requested a motion to adjourn.
Councilmembers present: Wiediger, Seehuus, Flower, and Boyd.
Absent: Slawson and Blair and Champeaux
On a motion by Councilmember Flower, seconded by Councilmember Weidiger, the meeting was adjourned and the hearing was continued to March 23, 2006 at 5:30 PM.
Benjamin Tolson, Mayor
Laura J. Koenig, City Clerk
1736-06
CITY OF SULTAN PUBLIC HEARING – March 9, 2006
The regular meeting of the Sultan City Council was called to order in the Sultan Community Center by Mayor Tolson. Councilmembers present: Champeaux, Wiediger, Seehuus, and Flower.
Absent: Slawson, Boyd and Blair
ADDITIONS TO THE AGENDA:
Consent: Excused absence of Councilmember Blair, Boyd and Slawson
COMMENTS FROM THE PUBLIC
Kelly Korn: Requested that the issue of the library paying for the use of the community room be placed on the next agenda for action. Pointed out that Sno-Isle pays for janitorial services.
Robert Keck: Opposed to the proposed transportation and sewer plan for the Skywall and Dyer area. A through street will decrease property values and increase crime and congestion.
Jerry Gibson: Presented a petition from the residents in the Dyer Road and Twin River areas requesting an amendment to the Comprehensive Plan and Sewer Plan to delete the proposed connection road and sewer line. Residents were not aware of the proposals until a meeting was held with them regarding a proposed development. Advised that the citizens mistrust the city and feel they are trying to sneak the road and sewer lines through without notifying those that would be impacted.
The city needs to rebuild trust and listen to the people who don’t want the road, sewer line or pump station in their neighborhood.
Robert Criswell: Thanked the Police Department for their prompt response and assistance with recovering his property after his truck was ransacked.
Loretta Storm: Agrees with the comment about the lack of public process, especially on Ordinance 904-06 abolishing the planning commission.
Elizabeth Mayland: Representative for the Homeowners on Yew Avenue requesting that the no parking signs on the north side be removed.
Al Hunstad: Has read that the city is broke and would like information on why. Asked why there were 9 police officers and why they were allowed to drive cars home and all over the state. Feels the city could save money if the officers did not take cars home. Was a prior police chief for the city and it was required that officers live in town at that time. Asked about the ratio of officers to citizens.
COUNCILMEMBERS COMMENTS:
Champeaux: Apologized for being late and creating a lack of quorum for the hearing. Suggested that another meeting with the residents on Dyer Road be held regarding the comprehensive plan.
Flower: There were good points made by the comment and the council needs to work on the phrase “mistrust”. The citizens have the right to be heard and the city should listen to their concerns. The city has rules and if a developer complies, they must be allowed to build. In regards to the police, the city needs 9 officers to provide coverage and they have worked to cut back the budget. Residential growth has created financial problems for the city. Thanked the city staff for all their work during the transition. Would like them all to know they are appreciated.
1737-06
CITY OF SULTAN COUNCIL MEETING – March 9, 2006
PRESENTATIONS:
City of Everett Animal Shelter: Bud Wessman, Director for the Animal Shelter, reviewed the Interlocal Agreement for the Everett Animal Shelter. The Everett shelter is the only remaining one in Snohomish County and they have been receiving all animals. The costs of maintaining the shelter has risen and they anticipate taking in over 10,000 animals this year. New contracts were provided to the other cities in the county which changed the fees and method of delivery for animals. The major change will be that cities will be charged for animals delivered by the city and residents. Advised that other cities have adopted ordinances to allow Everett to attempt to collect the fees for owner releases. Brief discussion was held regarding how the shelter determines if a person lives inside the city limits, dumping of animals and found animals and a reasonable fee for the city to charge.
STAFF REPORTS:
Police: Chief Walser advised that Officer Cook has received an Award of Merit from Snohomish County for his assistance with a case in Gold Bar. Advised that the US 2 Coalition has received $700,000 to complete the corridor route development plan.
Public Works: Connie Dunn advised that the preconstruction meeting is set for March 13 on the Sultan Basin Road. In regards to the road and sewer on Dyer Road, the plans must includ all proposed future developments and they have looked at the septic systems along the river and the potential for polluting the water.
Grants: Donna Murphy advised that applications for improvements on 339th and Sultan Basin Road have been submitted. CDBG has recommended funding for 2nd Street sidewalk improvements and for additional lighted cross walks on 4th Street.
Finance: Laura Koenig presented the February financial report and provided an update on the conversion to the Springbrook financial system.
Planning: Rick Cisar provided an agenda and meeting schedule for the Planning Agency to begin work on the Comprehensive Plan amendments.
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 Seehuus, the consent agenda was approved as amended. Champeaux – aye; Wiediger – aye; Seehuus - aye; Flower – aye.
ACTION ITEMS:
Ordinance 915-06 – Shoreline Master Plan: On a motion by Councilmember Flower, seconded by Councilmember Seehuus, the matter was continued to the next council meeting. All ayes.
1738-06
CITY OF SULTAN COUNCIL MEETING – March 9, 2006
Master Business License Interagency Agreement: Donna Murphy and Laura Koenig discussed the Department of License Master Business License program. This is a partnership between the city and the state to centralize the business license process. The State will act as the City’s agent for business license applications and renewals and the city will retain regulatory control.
On a motion by Councilmember Flower, seconded by Councilmember Seehuus, the Mayor was authorized to sign the Interagency Agreement with the Department of Licensing for the Master Business License program. All ayes.
Ordinance 916-06 Business License: Laura Koenig provided draft copies of the business license ordinance that needs to be updated to comply with the Master Business License program. The ordinance has been revised to provide for applications and renewals to be done through the state and will be presented for a first reading at the next council meeting.
Interlocal Agreement for Animal Shelter Services: The Interlocal agreement for animal shelter services through the City of Everett was briefly discussed. The City of Everett will attempt to collect the required fee on the City’s behalf, provided a proper ordinance is in place. The council agreed on a fee of $25 and directed staff to prepare the necessary ordinance. On a motion by Councilmember Seehuus, seconded by Councilmember Weidiger, the Mayor was authorized to sign the Interlocal Agreement with the City of Everett for animal shelter services. All ayes.
Resolution 06-02 Thornton Demolition Costs: The building official determined that a public nuisance existed at 209 2nd Street, and that there was an immediate danger to the public health, and safety. Pursuant to Sultan Municipal Code 8.04.070 issued an abatement notice ordering the demolition of the structure within 72 hours. The total cost of this abatement will be charged as a lien against tax parcel # 00588801000800.
On a motion by Councilmember Champeaux, seconded by Councilmember Seehuus, Resolution 06-02 was adopted. All ayes.
Timber Shed Thinning Contract: Lusignan Forestry Inc., manages the timber in the City’s Watershed. Last year the logging company that started the thinning job was unable to finish before the rainy season. The project needs to be completed this year. Lusignan Forestry needs the Council to authorize the Mayor to sign the Department of Natural Resources Notice of Transfer of Approved Forest Practices Application or Notification Form. This form transfers the Operator of record on the FPA from Wisteria Corporation to Bowman Logging Co., Inc. so they can start the job at the beginning of the allowed season. On a motion by Councilmember Flower, seconded by Councilmember Seehuus, the Mayor was authorized to sign the Department of Natural Resources Notice of Transfer of Approved Forest Practices, transferring the logging project from Wisteria Corporation to Bowman Logging Co, Inc. and also signing the logging agreement with Bowman Logging Co, Inc. All ayes.
Cable Franchise Agreement: The City of Sultan and our four-city East County Cable Consortium formally began our cable franchise renewal process in April 2004. On June 11, 2004, Comcast Cable Communication was hired, however, in the summer of 2004, the City’s consultant passed away, leaving the Consortium to secure the services of another consultant in this specialized field. Thereafter, the Consortium selected a legal consultant to develop a franchise ordinance and agreement and represent the Consortium in negotiations with Comcast Cable. Significant cost overruns and a lack of notice as outlined in the contract has prompted the Consortium to terminate this agreement in late 2005. The City’s reviewed other potential service providers and is recommending River Oaks Communication
1739-06
CITY OF SULTAN COUNCIL MEETING – March 9, 2006
Cable: Corporation to complete our negotiations with Comcast. On a motion by Councilmember Seehuus, seconded by Councilmember Champeaux, the Mayor was authorized to sign the professional service agreement with River Oaks Communication Corporation to negotiate a franchise agreement with Comcast Cable. All ayes.
PUBLIC COMMENTS
Sue Shawger: Advised that Sno-Isle pays over $18,000 per year for janitorial services and there was only one program that created a mess. Advised that the room is not always clean when they set up for book sales.
Loretta Storm: Requested a copy of the time line for comprehensive plan update. Noted that in accordance with the comprehensive plan, 2.5 officers per thousand are required. Upset over the amount offered by other cities for police officer pay compared to the Chief’s wages. The comprehensive Plan is just a plan and is not set in stone, but is only amended once a year. The projects should not be a “wish” list, but based on decisions made by planning.
Robert Keck: Asked about the grant for the highway. (Mayor advised it was for the corridor study.)
There was comment made that the connection would be used to relive pressure on the highway. Thanked Mr. Flower for his comments on the need to get back public trust.
Al Hunstad: Is not anti police, just concerned about the money spent. The city hires officers who do not live in town and pays them good money that they spend elsewhere. Asked how much money is spent on gas and car maintenance.
Elizabeth Mayland: Asked for information on how to proceed with the parking issue on Yew Avenue. (Mayor Tolson advised her to work with staff to review the matter.)
Tracy Long: Thanked the council for handling the situation with the animals and noted that they were going easy on the citizens with the low dollar amount.
Adjournment: On a motion by Councilmember Seehuus, seconded by Councilmember Flower, the meeting adjourned at 8:50 PM.
Benjamin Tolson, Mayor
Laura J. Koenig, Clerk/Treasurer.
SULTAN CITY COUNCIL
AGENDA ITEM COVER SHEET
Date: March 23, 2006
Agenda Item #: Consent C 2
SUBJECT: Voucher Approval
CONTACT PERSON: Laura Koenig, City Clerk/Deputy Finance
SUMMARY STATEMENT:
Approval of Vouchers # 06-240 through #06-280 in the amounts of $52,318.34 and payrolls through March 10, 2006 in the amount of $51,301.97 to be drawn and paid on the proper accounts.
FISCAL IMPACTS:
Expenditure Required: $103,620.31
RECOMMENDATION: Recommend approval as submitted.
COUNCIL ACTION:
SULTAN CITY COUNCIL
AGENDA ITEM COVER SHEET
Date: March 23, 2006
Agenda Item #: Consent C 3
SUBJECT: Reese Park and Sportsman Park Improvements
CONTACT PERSONS: Director of Community Development Cisar City Engineer Stack
SUMMARY STATEMENT: The City has received CDBG grants in the amount of $85,695 for Reese Park improvements and $25,561 for Sportsman Park improvements. These are Federal grants and require that the improvements be publicly bid to expend the funds. Architectural services are required to complete the necessary designs and drawings. Capital Architects, Inc., of Everett has been selected by Staff to provide these services. A copy of the City’s standard consultant agreement is attached.
FISCAL IMPACTS: The maximum amount payable under the proposed Capital Architects, Inc. contract is $7,500.00 and will be paid from the Park Impact Fee account.
RECOMMENDATION: Approve the consultant agreement to that the architect can proceed with the work.
COUNCIL ACTION:
Action Date:
SULTAN CITY COUNCIL
AGENDA ITEM COVER SHEET
ITEM NUMBER: A-1
DATE: March 23, 2006
SUBJECT: Conduct City Council Public Hearing. On Proposed Critical Areas Ordinance
CONTACT PERSON: Rick Cisar, Director of Community Development
SUMMARY: The attached Critical Areas Ordinance (CAO) includes the Recommended Draft Revisions and Comments received by the City Council and Staff at the Public Workshop conducted on February 21, 2006. In addition, City Council, Public, and Staff Comments to the CAO includes comments received from Laura Casey, Department of Ecology (DOE) and Washington Department of Fish and Wildlife (WDFW).
FISCAL IMPACT: Staff time in preparing and processing the Ordinance and $14, 700 in Consultant Costs to complete the CAO Update.
RECOMMENDED Conduct Public hearing on the Critical Areas Ordinance (CAO)
ACTION: consider comments from Planning Agency and thereafter direct Staff to schedule Introduction and First Reading of the Ordinance adopting the Critical Areas Ordinance to include Recommendations of the the Cty Council.
_____________________________________________________________________
COUNCIL ACTION:
DATE:
SULTAN CITY COUNCIL
AGENDA ITEM COVER SHEET
ITEM NO: Action A 2
DATE: March 23, 2006
SUBJECT: Ordinance 916-06 Business License
CONTACT PERSON: Laura Koenig or Donna Murphy
SUMMARY: Ordinance 916-06, Business License, amends the code to incorporate the Master License process through the Department of Licensing. The revisions will allow for applications and renewals of Sultan business license through DOL. The City will retain regulatory control over the license process.
FISCAL IMPACT:
RECOMMENDED Introduction of Ordinance 916-06 for a first reading and pass on to a second reading.
ACTION:
COUNCIL ACTION:
ORDINANCE 916-06
AN ORDINANCE OF THE CITY OF SULTAN AMENDING CHAPTER 5.04, BUSINESS LICENSE TO PROVIDE FOR THE STATE OF WASHINGTON DEPARTMENT OF LICENSING TO ACCEPT BUSINESS LICENSE APPLICATONS AND RENEWALS ON BEHALF OF THE CITY.
It is hereby ordained by the City Council of the City of Sultan as follows:
Section 1. Sultan Municipal Code Chapter 5.04 is hereby amended to read as follows:
Sections:
5.04.010 Purpose.
5.04.020 Definitions.
5.04.030 Business license required.
5.04.040 Separate licenses required.
5.04.050 Change in nature or location of business.
5.04.060 Exemptions.
5.04.070 Issuance of license.
5.04.080 License to be posted.
5.04.090 Licenses not transferable.
5.04.100 Fraudulent use of business license.
5.04.110 Approval of business license.
5.04.120 Inspections – Right of entry.
5.04.130 Terms of license.
5.04.140 Renewal.
5.04.150 Penalty for late renewal.
5.04.160 Denial, revocation or suspension of license.
5.04.170 Appeal process – Request for hearing.
5.04.180 Appeal to the superior court.
5.04.190 License fees.
5.04.200 Violation.
5.04.210 General business license application – Public record.
The provisions of this chapter shall be deemed an exercise of the power of the city to license for revenue and to regulate and ensure the legal conduct of businesses and to assist in the effective administration of health, fire, building, zoning and other codes of the city. (Ord. 843-04 § 1)
The following words, terms and phrases when used in this chapter shall have the following meanings, except where the content clearing indicates a different meaning:
A. “Business” includes all activities, occupations, trade, pursuits, or professions located and/or engaged in within the city with the object of gain, benefit or advantage to the person engaging in the same, or to any other person or class, directly or indirectly. It also includes but is not limited to general contractors, subcontractors, home occupations, multifamily dwelling units, mobile home parks and businesses temporarily conducted within the city including but not limited to traveling salespersons.
B. “Business enterprise” means each location at which a person engages in business within the city.
C. “City” means the city of Sultan, Washington.
D. “Employee” means any person employed at any business and/or business enterprise who performs any part of his/her duties within the city, except casual laborers not employed in the usual course of business. All officers, agents, dealers, franchisees, etc., of a corporation or business trust, and partners of a partnership are “employees” within this definition.
E. “Engaging in business” means commencing, conducting or continuing in any business or carrying on of any form of activity for gain, profit or advantage, whether direct or indirect within the city whether or not an office or physical location for the business lies with the city.
F. “Licensee” means any business granted a business license.
G. Person. The term “person” includes one or more persons of either sex; corporations, including not for profit corporations and municipal corporations, partnerships, including limited partnerships; associations, joint ventures or any other entity capable of having an action at law brought against such entity, but excluding employees.
H. “Premises” shall mean and include all lands, structures and places, and any personal property, which either is affixed to, or is used in connection with any such business conducted on such premises. (Ord. 843-04 § 1)
It is unlawful for any person to conduct, operate, engage in or practice any business in the city without having first obtained a business license for the current calendar year or unexpired portion thereof, and paying the fees prescribed herein, unless such activity is exempt as provided in SMC 5.04.060. (Ord. 843-04 § 1)
A separate business license shall be obtained for each separate location within the city at which the business is conducted. A separate business license shall be obtained for each different and discrete business conducted within the city by any person, whether at the same location as another licensed business. (Ord. 843-04 § 1)
Each business license shall authorize a particular type of business at the designated location. Any change in the nature of the business shall necessitate a new application for a business license. A change of location shall be reported in writing to the city clerk within 10 days of the change and, if in compliance with zoning and business regulatory ordinances, the existing business license shall be transferred to the new location. (Ord. 843-04 § 1)
The following shall be exempt from the provisions of this chapter:
A. Minors engaged in business or operating a business concern where no other person is employed by the minor.
B. The United States or instrumentality thereof and the state of Washington or any municipal subdivision thereof, with respect to any exercise of government functions.
C. All special events sponsored by the city, but not to include participating commercial peddlers.
D. Nonprofit organizations carried on by religious, civic, charitable, benevolent, nonprofit, cultural or youth organizations.
E. Business where the sale or contract for services occurs on business premises outside of the city and the only event occurring within the city is the mere delivery of the goods and services to the customer or client.
F. Any farmer, gardener, or other person who sells, delivers or peddles any fruits, vegetables, berries or any farm produce or edibles raised, gathered, or produced by such person within the state. (Ord. 843-04 § 1)
Applications for a business license shall be made either with the City of Sultan or with the State of Washington Department of Licensing giving such information as is deemed reasonably necessary to enable the enforcement of this chapter. Said application shall be accompanied by payment of the application fee.
All licenses issued pursuant to this chapter authorizing the operation or conducting of any occupation, business, trade or entertainment at a specified location shall be posted in a conspicuous place at such location. The licensee at the request of any interested person shall display such license. (Ord. 843-04 § 1)
No license issued under the provisions of this chapter shall be transferable or assignable unless otherwise specifically provided for; except that a license may be transferred when a business changes its structure of ownership; provided, however, that a new business license shall be required upon a substantial change of ownership, whereby those primarily accountable for the business have changed. (Ord. 843-04 § 1)
No person holding a city business license shall suffer or allow any other person for whom a separate license is required to operate under or display such person’s license and no person may maintain a business license obtained through false or fraudulent application or return of any false statement or representation in or in connection with any such application or return for such business license. (Ord. 843-04 § 1)
All licenses approved for issuance by the city clerk shall be conditioned upon compliance at all times with all applicable ordinances, regulations and statutes of the city and the state of Washington. (Ord. 843-04 § 1)
The city clerk, or designee, or authorized representative of the planning and building department are authorized to make such inspections of licensed premises and take such action as may be required to enforce the provisions of any business license or regulation ordinance. (Ord. 843-04 § 1)
All business licenses shall have a term as determined by the State of Washington Department of Licensing in cooperation with the City. The city license term or expiration date will be coordinated with the terms or expiration date of all other licenses or permits required by the State for each business.
5.04.140 Renewal
.Renewals shall be handled by the State of Washington Department of Licensing in coordination with the City Finance Director.
If any license issued under this chapter is not obtained in a timely manner or renewed by the date of expiration of the existing license, then the new application must be accompanied by a fee of 150 percent of the regular fee payable upon application under this chapter. (Ord. 843-04 § 1)
A business license issued under this chapter may be revoked, suspended or denied for any one or more of the following reasons:
A. Failure to comply with any federal, state or local laws or regulations.
B. Failure to comply with any of the terms and conditions imposed by the city on the issuance of the business license.
C. Conduct of the business or activity in a manner which endangers the public health, welfare, or safety.
D. When the license was procured by fraud, false representation or evasions or suppression of material fact. (Ord. 843-04 § 1)
Upon denial, suspension or revocation of a license, the city clerk shall, by certified mail, give written notice of such action to the applicant, which notice shall include a written report summarizing the complaints, objections and information received and considered by the city clerk and further stating the basis for such action. The applicant must appeal the decision for denial, suspension or revocation within 10 calendar days of receipt of the notice by filing a written notice of appeal and request for hearing with the city clerk. Upon receipt by the city clerk of the appeal notice, a hearing shall be set before the city council. Notice of the hearing shall be given to the appellant at least ten days prior to the hearing. At such hearing, the appellant shall be entitled to be heard and introduce evidence on their behalf. (Ord. 843-04 § 1)
The decision of the city council is final unless an appeal of the decision is filed with the Snohomish County superior court within 30 calendar days from the date the city co