March 9, 2005
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 - DEM Status Report
CONSENT AGENDA: The following items are incorporated into
the consent agenda and approved by a single motion of the Council.
1) Minutes of the February 9, 2005 regular
Council meeting.
2) Approval of Vouchers
3) Water Treatment Plant Operator Position
4) Parks Maintenance Job Description
5) Agreement with BNSF for the
6) Set Public Hearing for March 23, 2005 at 6:30
PM on the
Mitigation Plan
ACTION ITEMS:
1) Resolution 05-01 Annexation Policies
2)
3) Housing Hope Variance Closed Record Hearing
4) Resolution 05-02 Housing Hope Variance
5) Council Retreat – set date
6) Resolution 05-03 Communication Policy
7) Completion of Sewer Comprehensive Plan
8) Completion of Water Comprehensive Plan
DISCUSSION: Time
Permitting
PUBLIC COMMENT
COUNCILMEMBER RESPONSE TO PUBLIC COMMENTS
Executive Session: Potential Litigation and Pending Litigation
Adjournment - 10:00 PM or at the conclusion of Council
business.
SULTAN CITY COUNCIL
AGENDA ITEM COVER SHEET
Date: March
9, 2005
Agenda Item #: Presentation
SUBJECT:
CONTACT PERSON: Donna Murphy Grants and Economic Development
SUMMARY
STATEMENT:
The Culmback
Dam/Spada Lake project has a 50 year operating license that expires in 2011.
The Snohomish County PUD owns this project, and is applying for a relicense to
the Federal Energy Regulatory Commission (FERC). The FERC requires the PUD to
solicit feedback from designated stakeholders on all issues. These can include
environmental impact, fisheries, access, and recreation. This feedback is used
to develop studies over the next few years which are then used to shape the
final application by PUD. Some of the designated stakeholders for the Sultan
project include, Trout Unlimited, DNR, Tulalip Tribes, and American Whitewater
Affiliation (AWA). More information can be found at the PUD website located at http://www.snopud.com/WaterResources/relicensing.ashx?p=2334
This relicense is a
unique opportunity for the community of Sultan to comment on the terms of the
new license since the PUD has asked for another 50 year license. AWA seeks to
work collaboratively with the Snohomish PUD in studying the impact of providing
recreational water releases in the existing bypass section of the
Due
to quality of the river and the proximity to the I-5 corridor, recreational
releases for kayaking will draw kayaking enthusiasts to Sultan from as far away
as
AWA is seeking the
support of the Sultan City Council in lobbying the Snohomish PUD to include
recreational water releases as part of their new license application. The City
should seek to become a recognized official stakeholder by the PUD and attend
future stakeholder meetings.
City
of
Public Works Report
March 9, 2005
Department
of Emergency Management
For
several years within the county, there has been an emergency management
department but it has not been a department within
At
this time, the City of
If
this happens, it will leave Marysville,
The
alternative is to support the merger of
The
City of
Attached
are the reasons for Snohomish County to withdraw from the Department of
Emergency Management but they are willing to be the Umbrella Entity for the
Countywide DEM, which will bring DEM up to the next level. This will mean the
dissolution of DEM on December 31, 2005.
We
will be asked to sign a new interlocal with the County if they become the lead
agency. Also, there will be a distribution of existing DEM assets and hold
harmless agreements to sign.
SULTAN CITY COUNCIL
AGENDA ITEM COVER SHEET
Date: March
9, 2005
Agenda Item #: Consent
C 1
SUBJECT: Council
minutes
CONTACT PERSON:
Laura
Koenig, City Clerk/Treasurer
SUMMARY STATEMENT:
Attached
are the minutes of the February 23, 2005 Public Hearing on Annexation Policy
and the February 23, 2005 regular Council meeting as on file in the Office of
the City Clerk.
RECOMMENDATION: Approval as submitted.
Action Date:
COUNCIL ACTION:
1614-05
CITY OF
The Public Hearing
on Annexation Policies was called to order in the
Student
Representative Ben Everett
Public Hearing – Annexation Policy: Rick
Cisar, Planner, reviewed the documents on the Annexation Policy. The Planning Commission has developed the
annexation policies in an effort to quantify the impacts of annexation
proposals. SEPA review of the guidelines
was done and no comments were received.
The Policy was sent to CTED and no comments were received. A letter from Barclay’s North was entered
into the record. A corrected page 6 was
provided to the council.
Public Comments:
Blair Anderson, Barclay’s North: Concerned about the scope of requirements and
that it may discourage future annexations.
Noel Higa: Has
not reviewed the policy, however, the notion of annexation is simply an
exercise. The UGA defines the logical
growth area for the city and the requirements for services. The annexation process is redundant. It should be a matter of form and if the
private developer, staff and city do a good job and meet all the requirements
it should be allowed. The Growth management act provides the control.
Jeff Kirkman:
Note that the reason the Planning Commission developed the policy was
because the city annexated property without doing the exercise required by the
GMA.
Loretta Storm: Was
not able to review the final copy because the city refused to send an e-mail
copy. Comments were made during the
Planning Commission hearings and an annexation policy is needed in Sultan. Land use anaylsis was not done in the
past. The
Stan Hindrick:
Moved to Sultan to enjoy the open country and encouraged the city to
review annexations carefully in the future.
Need to have facilities in place first and should not allow septic
systems. Questioned the process for the
adoption of the policy.
Council comments:
Criswell:
Leary about passing of any policy because it costs the developer
more. It the area is the UGA, the
annexation should be an automatic step and not require additional action by the
property owner.
Flower: Has
been approached by a person on 124th who is opposed to annexation to
the city and that is afraid they will be annexed without their consent. What procedures does the property owner take
to oppose the annexation?
Blair:
There are many standards set by GMA, do they apply to annexations?
1615-05
CITY
OF
Staff Response
Rick Cisar,
Planner: Advised that there are different methods for
annexation and the 60% method could take in property that does not want to be
included. All require a public hearing
and possibly a Boundary Review board hearing.
Thom Graafstra,
City Attorney: Advised that the initial
petition only requires 10% of the property’s assessed value to present to the
Council. At that time the Council can
accept, reject or modify the annexation area.
On a motion by
Councilmember Seehuus, seconded by Councilmember Flower, the public hearing was
closed. All ayes.
Benjamin
Tolson, Mayor
Laura J. Koenig,
Clerk/Treasurer
1616-05
CITY OF
The regular meeting
of the Sultan City Council was called to order in the
Student
Representative Ben Everett
ADDITIONS TO THE AGENDA:
Consent: Move
#3 Change Order to Action
Move #4 Change Order to
Action following the executive session
Move #7 Police Cabinets to
Action
Add excused absence of
Councilmembers Boucher and Champeaux
Action: Hold
#5 Council retreat until the next meeting.
Hold Resolution 05-01 to the
next Council meeting.
Discussion: Move jail agreement to executive session
Add Sidewalks at Elementary
School.
Executive
session: Add pending litigation
COMMENTS FROM THE PUBLIC
Loretta Storm:
While walking in
Jeff Kirkman:
Advised that he would like to correct the rumor that he has a pending
lawsuit against the city. It is an appeal not a lawsuit and he would
like comments made by the staff corrected.
Mayor Tolson
advised that action has been listed as litigation due to its nature.
COUNCILMEMBERS COMMENTS:
Boyd; Is aware that the action is an appeal
process but it does cost the city money.
Flower: Not
trying to ban motorized scooters, trying to address public safety issues. In regards to the appeal, cost is a concern
and everyone would like to find some common ground to address everyone’s
concerns. Mr. Kirkman has a right to
appeal and the system has a purpose to address issues.
STAFF REPORTS:
Economic Development Donna
Murphy provided a report on the Economic Development Boards meeting. Wagley Creek Automotive was chosen as
business of the year. They discussed
recruitment and retainage of business and their concerns about the sign
ordinance.
Councilmember
Flower advised that a group met with WSDOT in December regarding the signs
along Highway 2 and they are working with the two businesses that have signs that
need to be moved.
Police Department:
Chief Walser advised that the Highway 2 Coalition coordinating group has
decided not to apply for the PSRC grant at this time, but will apply through
Senator Murray’s office for a $500,000 study grant to go with the $500,000 they
have now. The Homeland Security program
has ten people enrolled and they will be changing the time to allow the Council
to attend. Advised that they received a
grant for $4999 to equip the motorcycles.
1617-05
CITY OF
Building Department:
Craig Bruner, Building Official, advised that 11 permits have been
issued to date in
Public Works Department:
Connie Dunn, Public Works Director, advised the bids for 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
revised. Criswell – aye; Seehuus - aye;
Flower – aye; Blair – aye, Boyd – aye.
1. Minutes of the February 9, 2005 Council
meeting as on file in the Office of the City Clerk.
2. Vouchers #05-113 through 05-181in the
amounts of $177,808.52 and payroll through February 11, 2005 in the amount of
$57,187.77 to be drawn and paid on the proper accounts.
3. Authorization for the Mayor to sign the
settlement agreement with
4. Authorization for the Mayor to sign the
settlement agreement and conservation easement with PMCIT, LLC, Trustee for the
PMC Investment Trust for easements required as part of LID 97-1.
5. Excused absence of Councilmembers Champeaux
and Boucher from the February 23, 2005 Council meeting.
ACTION ITEMS:
Rick Cisar, City
Planner, advised that this is a closed record hearing based on the Open Record
Hearing and that no new testimony or information is permitted. The Hearing Examiner held the Open Record
Hearing on January 20, 2005 and considered a request for the Stratford Place
Preliminary Planned Unit Development (PUD and Subdivision File No.
PUD04-001. The developer, CMI, proposes
to develop 20 single-family detached homes on a 2.6 acre site. CMI held five neighborhood meetings prior to
submitting the proposal. The Hearing
Examiner has recommended approval of the Preliminary Planned Unit Development
and subdivision subject to the following conditions:
This
Preliminary Planned Unit Development Subdivision is subject to compliance with
all applicable provisions, requirements, and standards of the Sultan Municipal
Code, standards adopted pursuant thereto, and the following special conditions:
General –
1618-05
CITY
OF
§
No
fences or fences consistent with applicable zoning standards for through lots.
§
Each
house along 7th Street on Lots 2 through 6 shall include at least
one standard size window from a habited portion of the house (not garage or
storage areas) facing 7th Street.
§
The
retaining wall along the
§
Landscaping
along
Parking –
Open Space and Landscaping –
-
Landscaping
of the eastern drainage area.
-
An
arrangement of trees and shrubs that preserves view corridors of the drainage
area from homes, the on-site street, and from
-
Landscaping
and improvements that make the drainage area usable for passive recreation
during dry periods.
-
A
watering, monitoring, and maintenance plan to ensure plant survivability and to
remove weeds for a minimum of three years.
1619-05
CITY
OF
Water –
Sewer –
Surface Water Management –
Transportation –
1620-05
CITY
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on-site street, the sidewalk
shall be constructed of differentiated pavement (such as dyed and s tamped) and shall be at least four
feet wide. Pathways shall be signed “No Parking.”