SULTAN CITY COUNCIL MEETING
319 MAIN STREET
March 9, 2006
6:30 PM Public Hearing - Shoreline Master Programs
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
PRESENTATIONS: Kiel Mortagage – Flag Presentation
Everett Animal Shelter – Bud Wessman
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 February 22, 2006 regular Council Meeting
2) Approval of Vouchers
3) Utility Committee Report
4) Resolution 06-01 Support of Hiway 2 Coalition Funding (G.R.I.T. Note: The correct name is: “U. S. 2 Safety Coalition”)
5) Reschedule the Public Hearing on the 2006 Budget Amendments to March 23, 2006.
ACTION ITEMS:
1) Ordinance 915-06 Shoreline Master Plan - 1st reading
2) Interlocal Agreement - Master Business License
3) Ordinance 916-06 Business License
4) Interlocal Agreement - Animal Control
5) Resolution 06-02 Thornton Demolition Costs
6) Timber Shed Thinning Contract
7) Cable Franchise - Consultant Agreement
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
Date: March 9, 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 February 22, 2006 regular Council Meeting and Public Hearings as on file in the Office of the City Clerk.
RECOMMENDATION: Approval as submitted.
Action Date:
COUNCIL ACTION:
1731-06
CITY OF SULTAN COUNCIL MEETING – February 22, 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: Champeaux, Wiediger, Slawson, Flower, Blair and Boyd. Absent: Mayor Tolson
Student Representative: Karstan Thot
Planning Commission Recognition: Mayor Pro-tem Seehuus presented a certificate of appreciation to Ray George for his work on the Planning Commission.
ADDITIONS TO THE AGENDA:
Executive Session: Moved to after Council comments.
Consent: Add setting a public hearing on the Shoreline Master Plan and the Critical Area Ordinance and the excused absence of Mayor Tolson
COMMENTS FROM THE PUBLIC
Sue Shawger: As a member of the Sultan Library Board and the Friends of the Library, thanked the City staff for their random acts of kindness over the years. Advised that they have book sales twice a year to raise funds for scholarships and library programs and they make about $1000 each sale. There is some confusion as to whether they need to pay a rental fee for use of the community room and they requested clarification on the new policy.
Kay George: Attended the meeting regarding the Twin River Development and they were an angry group. She is not interested in chasing people away but there are issues that need to be addressed such as the road and the railroad crossing. In regards to the REET issue, people would object to the increase if they were aware that they will have to pay more taxes – this will discourage people who want to buy or sell homes in Sultan.
Robert Criswell: Concerned about the taxes that are being voted on and the impact on the elderly people in town. As a former council member he knows how the money was spent ant the council needs to look at budget management instead of raising taxes. In regards to the library, they are part of the building and should not have to pay to use the room.
Nathan Gorton: Submitted two letters for the record that discuss the REET increase, one from the County Executive’s office and one from Lane Powell, Attorneys. From the last meeting, he understood that the county executive was close to agreeing on the exchange; however the letter contradicts that statement. Their attorney consulted with the Department of Revenue and according to information they received it appears that the city is prohibited from receiving the benefits from REET and sales tax. Encouraged the Council to continue their research on the matter.
Loretta Storm: Attended the resident meeting on the proposed development in the Skywall addition and did feel they were angry but they were concerned about the road and sewer lines and they appear to lack information on the proposal. Commented that Connie Dunn and Rick Cisar were there and gave a good presentation.
Josie Fallgatter: In regards to Action Item, ask why they need an amendment to water plan and why it is necessary to pay Berryman and Henigar additional funds to update the plan when it was in their prior scope of work. The population numbers were provided by Snohomish County Tomorrow in 2003 (letter and e-mail submitted for the record) a year before the plan was prepared – how could the city not know what the proposed numbers were? If the city did not have population numbers, how could the rate study be correct? Who oversees the consultants?
1732-06
CITY OF SULTAN COUNCIL MEETING – February 22, 2006
Kelly Korn: Was sorry to hear about the Planning Commission being disbanded as the city does need one. Ask who is responsible for the garbage on the corner at Trout Farm Road that is building up. As a member of the Library Board is concerned about being charged for use of the room since the programs help the kids. The money could be spent on programs instead of rent.
Kimberly Graham: Received the notice about the REET proposal today and felt that was not adequate notice. Also attended the Dyer meeting and they were not an angry mob. They are on septic systems which are not failing and they don’t’ want to pay for sewer lines. Concerned about the tax hikes, eminent domain and the small lots. The City will need more than one year to fix the problem.
COUNCILMEMBERS COMMENTS:
Champeaux: Asked Public Works to look into the issue of the garbage on Willow and thank staff for getting the stop sign at Fir back up.
Flower: In regards to the Library use of the room, it is a community room and the policy can be reviewed and some leeway given to the Library since they do pay for maintenance. Noted that the proposed sewer line on Dyer Road is on the wish list but not planned in the near future. City ordinance does not require people on septic systems to connect to the system, however, the Snohomish County Board of Health requires that a connection be made if the line is within 300 feet and the septic fails. The City is working on the railroad crossing.
Blair: Agrees that the Library should be given a break on the use of the room. The Council will have to pay the increases also and people are right about the problems that have built up over 20 years and will take time to resolve. The initiatives and limits on property tax increases have had an impact on the city and we need to make up for lost revenues, increase sales tax revenue and encourage economic development.
Boyd: Agrees with Councilmember Blair. The problem has been ongoing with poor decisions made in the past. The public does not want services cut so they need to look for solutions.
Executive Session: On a motion by Councilmember Champeaux, seconded by Councilmember Flower, the Council adjourned to executive session for thirty minutes to discuss potential litigation. All ayes.
STAFF REPORTS:
Introduction of Interim City Administrator and Finance Director: Mayor Pro-tem Seehuus introduced Lee Walton, Interim City Administrator and Gordon Hey, Interim City Finance Director.
Police Department: Chief Walser advised that the Civil Service has completed their testing and provided a list of good candidates. The Skateboard Park design has been sent to the engineer for review. The Highway 2 Coalition met with Representative Larson’s aide to find funds to complete the corridor study.
Public Works Department: Connie Dunn, Public Works Director, advised that the bid for the Sultan Basin Road projects has been awarded to Wilder Construction for Phase 1. The Wastewater treatment staff will be working with Brown and Caldwell to do necessary testing for the upgrade study.
Grants Report: Donna Murphy advised that the grant application for improvements to the Skywall Drive crossing has been submitted. CTED is willing to provide a $1000 grant to help with the demographic study. The Public Works committee has recommended that staff submit grants for the Sultan Basin Road Phase III and the Rice Road improvements.
Finance: Laura Koenig reviewed the financial report presented to the Council and provided an update on the request for reimbursements on the street projects.
1733-06
CITY OF SULTAN COUNCIL MEETING – February 22, 2006
Planning: Rick Cisar, City Planner, presented a time line for the updates to the comprehensive plan.
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 Wiediger, the consent agenda was approved as amended. Champeaux – aye; Wiediger – aye; Slawson – aye; Seehuus - aye; Flower – aye; Blair – aye, Boyd – aye, abstained on the minutes.
- Minutes of the February 8 2006 Council meeting and public hearings as on file in the Office of the City Clerk.
- Vouchers #06-120 through 06-191 in the amounts of $355,677.00 and payroll through February 10, 2006 in the amount of $61,258.83 to be drawn and paid on the proper accounts.
- Appointment of Councilmembers Champaeux and Seehuus to serve as City Representatives to
Negotiate the Public Works employee Union Contract.
- Confirmation of the appointment of Robin Maberry to the Sultan Library Board.
- Set a public hearing for March 9, 2006 at 6:30 PM on the Shoreline Master Program.
- Set a public hearing for March 23, 2006 at 6:30 PM on the Critical Areas Regulation Update.
- Excused absence of Mayor Tolson from the February 22, 2006 Council meeting.
ACTION ITEMS:
Amendment to Water System Plan: Connie Dunn, Public Works Director, discussed the population projects that were used to prepare the Water System Plan and the changes in the anticipated increase in residential units projected in the final plan. Berryman and Henigar has presented a proposal to amend the water system plan to develop revised water service area maps, provide revised population projections and assist with the adoption of the revised plan. The cost should not exceed $5,000. Discussion was held regarding the prior scope of work which included the update and the availability of funds. On a motion by Councilmember Champeaux, seconded by Councilmember Slawson, the Mayor was authorized to sign the contract with Berryman and Henigar for Task Order 2006-1 for Amendment 1 to the Water System plan. All ayes, except Councilmember Blair who voted nay.
Ordinance 908-06 Utility Tax: Rick Cisar reviewed the ordinance which imposes a 6% tax on city utility services. Brief discussion was held on the increase and the amount of funds that will be generated.
On a motion by Councilmember Champeaux, seconded by Councilmember Slawson, Ordinance 908-06, Utility Tax, was adopted. All ayes.
Ordinance 910-06 Sewer Utility Tax: Rick Cisar reviewed the ordinance which clarifies that the tax is on top of the city utility services. On a motion by Councilmember Boyd, seconded by Councilmember Blair, Ordinance 910-06, Sewer Utility Tax, was adopted. All ayes.
Ordinance 911-06 Water Utility Tax: Rick Cisar reviewed the ordinance which clarifies that the tax is on top of the city utility services. On a motion by Councilmember Blair, seconded by Councilmember Flower, Ordinance 911-06, Water Utility Tax, was adopted. All ayes.
Ordinance 912-06 Garbage Utility Tax: Rick Cisar reviewed the ordinance which clarifies that the tax is on top of the city utility services. On a motion by Councilmember Champeaux, seconded by Councilmember Flower, Ordinance 912-06, Garbage Utility Tax, was adopted. All ayes.
Ordinance 913-06 Surface Water Management Plan: On a motion by Councilmember Flower, seconded by Councilmember Boyd, Ordinance 913-06 adopting the Surface Water Management Plan was adopted. All ayes.
1734-06
CITY OF SULTAN COUNCIL MEETING – February 22, 2006
City Clerk: Mayor Pro-tem Seehuus, at the request of the Interim City Administrator, asked the Council to confirm the interim appointment of Laura Koenig as the Interim City Clerk/Deputy Finance Director effective February 22, 2006 for a period of 90 days subject to the City Attorney’s approval of a contract specifically outlining terms and conditions of employment. On a motion by Councilmember Slawson, seconded by Councilmember Flower, the appointment of Laura Koenig as Interim City Clerk and Deputy Finance Officer was confirmed effective February 22, 2006 subject to the City Attorney’s approval of the contract. All ayes except Councilmember Boyd and Champeaux who voted nay.
Director of Community Development:
Mayor Pro-tem Seehuus requested that the Council confirm the appointment of Rick Cisar as the Community Development Director and approve the revised employment contract.
On a motion by Councilmember Champeaux, seconded by Councilmember Slawson, the appointment of Rick Cisar to the position of Community Development Director was confirmed and the revised employment contract was approved. All ayes.
2006 Budget Amendment – Public Hearing: Laura Koenig advised that a hearing to amend the budget to provide for changes in the Police Department budget and to fund the new positions created was needed. On a motion by Councilmember Blair, seconded by Councilmember Wiediger, the public hearing on the 2006 Budget Amendment was set for March 9, 2006 at 6:00 PM. All ayes.
Ordinance 914-06 LID Foreclosures: Thom Graafstra, City Attorney, reviewed the ordinance that adopts procedures for foreclosing on delinquent LID payments. To avoid the state requirement to foreclose by March 1, an emergency clause has been added to make the ordinance effective immediately.
On a motion by Councilmember Champeaux, seconded by Councilmember Slawson, an emergency was declared to exist and Ordinance 914-06 was adopted. All ayes except Councilmember Flower who voted nay.
DISCUSSION ITEMS:
Web Page: Brief discussion was held regarding the current web page service contract and the need to keep the information up to date.
PUBLIC COMMENTS
Josie Fallgatter: Amazed that the Council would consider pulling a contract for $80-100 per month and not even look at the contracts for the water and sewer plans that were over $100,000 and they did not get what they paid for.
Loretta Storm: The City needs a policy on the room rental for the Library and other community oriented groups.
COUNCIL COMMENTS
Slawson: Choice on the taxes was difficult but needed.
Flower: Advised that Alpine Drive In in Startup has received an award from the Snohomish County Health Department.
Adjournment: On a motion by Councilmember Champeaux, seconded by Councilmember Blair, the meeting adjourned at 9:05 PM.
Benjamin Tolson, Mayor
Laura J. Koenig, City Clerk
SULTAN CITY COUNCIL
AGENDA ITEM COVER SHEET
Date: March 9, 2006
Agenda Item #: Consent C 2
SUBJECT: Voucher Approval
CONTACT PERSON: Laura Koenig, City Clerk/Deputy Finance
SUMMARY STATEMENT:
Approval of Vouchers # 06-192 through #06-239 in the amounts of $78,488.40 and payrolls through February 24, 2006 in the amount of $71,062.05 to be drawn and paid on the proper accounts.
FISCAL IMPACTS:
Expenditure Required: $149,550.45
RECOMMENDATION: Recommend approval as submitted.
COUNCIL ACTION:
Action Date:
SULTAN CITY COUNCIL
AGENDA ITEM COVER SHEET
Date: March 8, 2006
Agenda item #: Consent C 3
SUBJECT: Public Works Committee – Request for Relief on
Excess Charges
CONTACT PERSON: Laura J. Koenig, Clerk/Deputy Finance
SUMMARY STATEMENT: The Public Works Committee has met and reviewed the attached request from relief of excess utility charges in accordance with the current adopted Council policy. All accounts were notified of the leaks and repairs were done within the time period requested.
FISCAL IMPACTS: estimated on attached sheets
RECOMMENDATION: Approve the recommendations of the Public Works Committee for relief from excess charges
COUNCIL ACTION:
Action Date:
SULTAN CITY COUNCIL
AGENDA ITEM COVER SHEET
ITEM NO: Consent C 4
DATE: March 9, 2006
SUBJECT: Resolution 06-01 US 2 Safety Coalition
CONTACT PERSON: Chief Walser
SUMMARY: Attached is the resolution in support of the Washington Department of Transportation request to earmark funding of $3.0 million for safety and capacity improvement projects to US 2. It has been requested that the Council in all seven cities approve the resolution.
FISCAL IMPACT:
RECOMMENDED Adoption of Resolution 06-01
ACTION:
COUNCIL ACTION:
DATE:
U. S. 2 Safety Coalition
Moving people and business safely forward since 1997
CITY OF SULTAN
RESOLUTION NO. 06-01
RESOLUTION TO SUPPORT FUNDING FOR U. S. 2 SAFETY & MOBILITY ENHANCEMENTS FROM SNOHOMISH TO SKYKOMISH
WHEREAS the safety to users of U. S. 2 east of Everett has continued to decline; and
WHEREAS the East Snohomish County area has experienced a great surge in population over the last decade, and according to the U. S. census, Snohomish County is one of the fastest-growing areas in Washington State. U. S. 2 is used heavily by commercial, commuter and recreational traffic. This influx of growth has significantly increased the wear and tear on this highway as well as the possibility of collisions; and
WHEREAS the above-referenced Cities of Everett, Snohomish, Monroe, Sultan, Gold Bar, Index and Skykomish are identifying safety- and capacity-related issues and resources for the purpose of funding safety- and capacity-related improvements to U. S. 2; and
WHEREAS the above-referenced cities are members of the U. S. 2 Safety Coalition, which is comprised of a number of government and private organizations and persons vitally concerned with improvements to the safety and capacity of U. S. 2,
NOW, THEREFORE, BE IT RESOLVED by the Mayors and City Councils of the Cities of Everett, Snohomish, Monroe, Sultan, Gold Bar, Index and Skykomish that they support the Washington State Department of Transportation’s request for earmarked funding of $3.0 million for safety and capacity improvement projects to U. S. 2.
PASSED AND APPROVED by the Mayors and City Councils of the aforementioned Cities on the dates noted below:
CITY OF EVERETT, WASHINGTON, dated March, 2006
____________________________________
By Ray Stephenson, Mayor
CITY OF SNOHOMISH, WASHINGTON, dated ______ March, 2006
____________________________________
By Randy Hamlin, Mayor
CITY OF MONROE, WASHINGTON, dated ______ March, 2006
____________________________________
By Donnetta Walser, Mayor
CITY OF SULTAN, WASHINGTON, dated ______ March, 2006
____________________________________
By Ben Tolson, Mayor
CITY OF GOLD BAR, WASHINGTON, dated ______ March, 2006
____________________________________
By Crystal Hill, Mayor
TOWN OF INDEX, WASHINGTON, dated ______ March, 2006
____________________________________
By Bruce Albert, Mayor
TOWN OF SKYKOMISH, WASHINGTON, dated ______ March, 2006
____________________________________
By Charlotte Mackner, Mayor
SULTAN CITY COUNCIL
AGENDA ITEM COVER SHEET
ITEM NO: Consent C 5
DATE: March 9, 2006
SUBJECT: Public Hearing – 2006 Budget Amendment
CONTACT PERSON: Gordon Hey or Laura J. Koenig
SUMMARY: The Finance Director is in the process of reviewing the the current budget and is not ready to proceed with recommendations for budget amendments. We are requesting the hearing be postponed until March 23, 2006.
FISCAL IMPACT:
RECOMMENDED Reschedule the Public Hearing on the 2006 Budget
Amendments to March 23, 2006 during the regular Council meeting.
COUNCIL ACTION:
DATE:
SULTAN CITY COUNCIL
AGENDA ITEM COVER SHEET
ITEM NO: Action A-1
DATE: March 9, 2006
SUBJECT: Conduct Public Hearing at 6:30 p.m. on proposed Ordinance Number 915-06 adopting 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 II, 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.
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 and thereafter during the regular
ACTION: Agenda Session introduce Ordinance Number 915-06 for First Reading and pass on to a Second Reading.
_____________________________________________________________________
COUNCIL ACTION:
DATE:
CITY OF SULTAN
ORDINANCE NO. 915-06
AN ORDINANCE OF THE CITY OF SULTAN, WASHINGTON AMENDING CHAPTER 16.96 SHORELINE MANAGEMENT, SULTAN MUNICIPAL CODE, BY DELETING SECTION 16.96.010 ADOPTION BY REFERNCE THE SNOHOMISH COUNTY’S SHORELINE MANAGEMENT MASTER PROGRAM AND ADOPTING A NEW SECTION 16.96.010 CITY OF SULTAN’S SHORLELINE MASTER PROGRAM
WHEREAS, the state of Washington Shoreline Management Act of 1971 (Chapter 90.58 RCW) requires that cities and counties incur certain duties, obligations and responsibilities with regard to implementation of the Act; and
WHEREAS, the City of Sultan adopted a joint Shoreline Master Program (SMP) with Snohomish County in 1974, and whereas the Snohomish County SMP was subsequently amended in 1989, 1992, and 1993;and
WHEREAS, the state Department of Ecology adopted new SMP guidelines in December 2003 (WAC 173-26); and
WHEREAS, Sultan, recognized by the state as an “Early Adopter,” is now required under state rules to review and update its SMP consistent with the state guidelines by March 31, 2006 (SSB 6012); and
WHEREAS, amendments to the existing SMP are necessary to comply with the Act and the state guidelines; and
Public Involvement, communication and coordination
WHEREAS, the City provided for meaningful public participation and coordinated with affected agencies and tribal interests consistent with the Shoreline Management Act (Chapter 90.58.130), Ecology Guidelines (WAC 173-26-100), the provisions of the GMA (RCW 36.70A.035, 36.70A.130, and 36.70A.140), and the plan adoption and amendment procedures set forth in City code; and
WHEREAS, the City of Sultan engaged in an open public discussion of the SMP, its designations, goals, policies, regulations, administration provisions and other components, including review at an open house, ten Planning Commission meetings, and one hearing held between July 2005 and October 2005, and all written records of the Planning Commission’s deliberations during the meetings and hearing described above are incorporated herein by this reference; and
WHEREAS, a public open house was held on June 28, 2004 at the Sultan City Hall. This open house provided an overview of shoreline planning and the objectives of the SMP update. Participants were asked to provide input on public access and recreational opportunities; and
WHEREAS, timely and effective notice was provided for each Planning Commission Meeting. Notice was published in the paper, on the city website, and shoreline property owners were notified by mail of events; and
WHEREAS, the City worked with state Department of Ecology (DOE) agency staff throughout the update process. Staff attended meetings with DOE regarding shoreline planning in Olympia and Seattle and Ecology staff attended Planning Commission and other meetings with staff. DOE staff reviewed and provided comments on the Sultan shoreline inventory, characterization report, and draft SMP; and
WHEREAS, the City of Sultan engaged the public, tribes and other agencies through a variety of means throughout the update process including mail distribution lists; and
Environmental Review
WHEREAS, an environmental checklist was prepared for the action of adopting the proposed amendments according to the State Environmental Policy Act; and
WHEREAS, the SEPA Responsible Official for Sultan issued a Declaration of Non-Significance pursuant to the State Environmental Policy Act (Chapter 43.21C RCW) on October 7, 2005. The Determination of Non-Significance was determined to be final on November 1, 2005;and
Compliance with Substantive Requirements of the Act and Ecology Guidelines
WHEREAS, the state Shoreline Management Act requires and authorizes the protection of the state’s shorelines through shoreline master programs that are adopted locally and by Ecology. Washington’s Shoreline Management Act (SMA) was adopted by the public in a 1972 referendum “to prevent the inherent harm in an uncoordinated and piecemeal development of the state’s shorelines.” The SMA has three broad policies:
A. Encourage water-dependent uses: "uses shall be preferred which are consistent with control of pollution and prevention of damage to the natural environment, or are unique to or dependent upon use of the states' shorelines...”
B. Protect shoreline natural resources, including "...the land and its vegetation and wildlife, and the water of the state and their aquatic life..."
C. Promote public access: “the public’s opportunity to enjoy the physical and aesthetic qualities of natural shorelines of the state shall be preserved to the greatest extent feasible consistent with the overall best interest of the state and the people generally."; and
WHEREAS, the Ecology guidelines (Chapter 173-26 WAC) include an updated required process to prepare shoreline master programs. The preparation of a shoreline master program must include:
§ Public participation consistent with RCW 90.58.130,
§ Communication with state agencies,
§ Communication with affected Indian tribes,
§ An inventory of shoreline conditions,
§ Analysis of shoreline issues of concern that includes, as necessary: a characterization of shoreline functions and processes; shoreline use analysis; cumulative impact analysis; and the City conducted an inventory and analysis of shoreline conditions in 2001 through 2004. Information gathered was field verified. A comprehensive inventory of shoreline conditions and an atlas of shoreline maps were prepared in 2003. The atlas includes maps of known habitat areas, topography, aerial photos and other information. Further analysis was conducted of the environmental conditions of the shoreline. A Characterization of Functions and Ecosystem-wide Processes was published on April 2005: and
WHEREAS, in accordance with the SMA, “[U]ses shall be preferred which are…unique to or dependent upon uses of the state’s shoreline.” The draft Sultan SMP regulates the shoreline through application of five shoreline environment designations: Aquatic, Natural, Shoreline Residential, Urban Conservancy, and Urban Center. These designations are shown on an official map of shoreline designations. The primary intent of the Aquatic designation is to protect and enhance the unique characteristics of marine waters. Natural provides for protection of areas relatively free of human influence that are minimally degraded. Shoreline Residential is intended to accommodate residential development, and appropriate public access and recreational uses consistent with other elements of shoreline management. Urban Conservancy is a designation designed to protect and restore the ecological functions of open space, floodplain and other sensitive lands where they exist in urban and developed areas; and
WHEREAS, the SMA requires cities and counties to adopt goals, or “elements,” to guide and support major shoreline management issues. The elements required by RCW 90.58.100(2) are: shoreline use, economic development, circulation, public access, recreation, conservation, and historic and cultural. The draft Sultan SMP includes goals and policies to support these required elements as well as for shoreline restoration; and
WHEREAS, the SMA states that master programs shall include provisions for public access to the shoreline and preservation and enlargement of recreation opportunities. The draft Sultan SMP includes a chapter with information on public access policies and regulations that direct the provision of public access to the shoreline that is commensurate with the degree of development with shoreline development that occurs; and
WHEREAS, the Shoreline Management Act requires all shoreline master programs to meet the fundamental goals of the Act to protect ecological functions and natural shoreline resources. To protect natural shoreline resources, the guidelines require master programs to include provisions that require mitigation of environmental impacts from individual developments to maintain no net loss of shoreline resources. The guidelines also require restoration planning to achieve overall improvements in shoreline ecological functions over time; and
WHEREAS, the Growth Management Act requires the protection of critical areas, including but not limited to habitat, wetlands and geologically hazardous areas; and
WHEREAS, the state Legislature passed ESHB 1933, which ESHB took effect on July 27, 2003. The provisions of ESHB 1933 include that: GMA goals are not in priority order; shorelines of statewide significance may include critical areas, but are not critical areas; jurisdiction for critical areas protection is under SMA; the SMP must provide a level of protection to critical areas within shorelines that is “at least equal” to the level of protection provided to critical areas by the local government’s critical areas ordinances (CAOs) adopted under the GMA; and the GMA’s best available science (BAS) requirement does not apply when a shoreline master program is being updated or amended pursuant to the shoreline guidelines; and
WHEREAS, the draft Sultan SMP provides environmental protection by:
§ Establishing shoreline designations that direct more intense uses to existing developed areas and that limits activities allowed in areas with existing natural features (Chapter 5);
§ Establishing environmental protection policies and regulations that require no net loss of shoreline environment resources when development occurs through avoidance, minimization, and mitigation, including regulations for general environmental impacts, critical areas, habitat, frequently flooded areas, geologically hazardous areas, and wetlands (Chapter 6);
§ Establishing policies and regulations for vegetation preservation, impervious surface limits and on clearing and grading that restrict the removal of natural vegetation in the shoreline area (Chapter 6); and
§ Establishing policies and regulations that control the development of specific uses and modifications (Chapter 6);and
WHEREAS, the standards for protection of critical areas provided in the draft SMP are based on the scientific review conducted as part of the shoreline inventory and characterization, state resource literature, and the advice of expert professionals. The standards requiring critical areas protection in the draft SMP are at least equal to those included in the City’s GMA critical areas regulations; and.
WHEREAS, the City prepared a restoration chapter for the SMP to seek overall improvement of the shoreline environment over time. The restoration chapter is based on restoration opportunities identified in the shoreline inventory and lists potential restoration projects and implementation strategies. The restoration chapter (Chapter 8 of the draft SMP) includes a restoration vision, goals, and opportunities. It also provides information about existing and ongoing restoration programs and opportunities for monitoring shoreline conditions. Strategies for implementing restoration are provided to give guidance on successful restoration. The draft SMP notes that the nature of restoration may evolve as conditions change and as new information becomes available; and
WHEREAS, development may result in cumulative impacts to those functions and values of shoreline areas that contribute to and are necessary for a healthy natural environment and perceived quality of life. To address potential cumulative impacts, an analysis of cumulative impacts consistent with the state guidelines has been prepared (July 27, 2005). The cumulative impacts analysis considers the condition of the shoreline environment as documented in the characterization report, foreseeable development based on existing and planned land uses and development trends, and documents how development that may result in cumulative impacts over time will be offset through SMP regulations and policies; and
WHEREAS, the SMA recognizes the need to protect private property rights. The draft Sultan SMP is intended to be consistent with other property regulations and those rights afforded to property owners. The draft SMP allows for shoreline uses that are consistent with the goals of the Shoreline Management Act and for reasonable use of private property as defined by the courts; and.
WHEREAS, in accordance with RCW 90.58.020, preference shall be given to recognize and protect statewide interests over local interest of shorelines of statewide significance. In Sultan, shorelines of statewide significance include those waters of the Skykomish River and are addressed in Chapter 3 of the draft SMP; and.
Key Policy Direction
WHEREAS, the Draft SMP contains goals, policies, and regulations, and a shorelines designation map intended to establish the character, quality and pattern of the future physical development along the City’s shoreline. The Master Program specifies the type and location of development, and establishes height and setback requirements. Important direction provided by the Master Program includes:
Shoreline goals – The Shoreline Management Act requires cities to adopt goals, or “elements,” to guide and support major shoreline management issues. RCW 90.58.100(2). In addition to the required elements, the Draft Master Program includes a Restoration element. This section addresses the requirement to achieve “no net loss of ecological functions necessary to sustain shoreline natural resources” and to provide for the restoration of impaired ecological functions.
Shoreline environment designations – The Planning Commission concurred with the Advisory Group recommendation to employ a classification system consisting of five shoreline environments. These environment designations have been assigned as shown on the map consistent with the corresponding designation criteria provided for each environment. In delineating environment designations the City of Sultan aims to provide for priority uses while assuring that existing shoreline ecological functions are protected with the proposed pattern and intensity of development. To that end, staff was specifically directed to assign to:
§ The Aquatic designation to areas along the Wallace, Sultan, and Skykomish Rivers that are waterward of the OHWM.
§ The Natural designation to the area along most of the Sultan River where much of the land is in public ownership and contains large areas of natural vegetation and wetlands.
§ The Urban Conservancy designation to these areas along the shorelines that have urban uses and have the potential for restoration of ecological functions and enhance public access.
§ The Shoreline Residential designation to these areas along the Sultan and Skykomish Rivers that are predominantly residential and designated for future residential use.
§ The Urban Center designation to portions of the Sultan and Skykomish River shorelines which are predominantly commercial and designated for future commercial use.
Critical Areas including wetlands, critical habitats, flooding, and geologically hazardous areas – The Draft Master Program will incorporate the City’s Critical Areas Ordinance once it is updated.
Vegetation protection and terrestrial habitat – Alteration of the natural landscape can cause changes in the structure and functioning of shoreline habitats and alter use of the habitats by fish, birds, mammals and other organisms. It can increase erosion, siltation, runoff/flooding, change drainage patterns, reduce flood storage capacity and damage habitat. To minimize impacts to shoreline resources, the Draft Master Program regulates alteration of the landscape (including but not limited to clearing, grading, and vegetation removal). Under the Draft Master all clearing must be followed by development or revegetation - no speculative clearing is permitted. Clearing within required setback areas must be revegetated according to an approved landscape plan that addresses various standards. In other words, if you are outside the setback, clearing is allowed but cannot be speculative and must have revegetation. If within the setback, a landscape plan is required that addresses performance standards. Vegetation retention should be of “native vegetation” and vegetation planted should be suited to the environment and contribute to habitat enhancement.
Public access – In general, the Draft Master Program seeks to maintain and enhance public access, both physical and visual, throughout the City's shoreline. The draft Master Program also establishes provisions for public access to be provided by new development.
Residential development – The draft Master Program requires a minimum fifty (50) foot setback from the ordinary high water mark. Provided that the setback may be further increased to retain a 15 foot setback from a required critical areas buffer associated with the presence of a wetland, geologically hazardous area, or critical fish and wildlife habitat area. Exceptions may be granted for infill of existing platted lots.
Restoration – The Restoration Plan is included as Chapter 8 of the draft. The Urban designation was identified as a candidate for offering restoration incentives – allowing for multi-family residential or transient accommodations in exchange for restoration of shoreline ecological functions or enhanced public access.
WHEREAS, in accordance with the SMA, the shoreline jurisdiction for Sultan applies to those shoreline areas that include: streams with a mean annual flow of 20 cubic feet per second or greater, upland areas called “shorelands” which are 200 feet landward from the edge of these waters, wetland associated with these areas, and the 100 year floodplain; and
WHEREAS, the Sultan Shoreline Master Program has been updated consistent with the requirements of the state Shoreline Management Act (SMA) and the shoreline SMP guidelines, Chapter 173-26 WAC; and
GMA Consistency
WHEREAS, the draft Sultan SMP is consistent with the land use designations and goals of the Sultan Comprehensive Plan. The City of Sultan plans to review and update the policies of the Comprehensive Plan and related development regulation to acknowledge adoption of the SMP and ensure continued consistency; and
WHEREAS, the City finds that the amendments to the City of Sultan Shoreline Master Program, set forth in Exhibit "A" and attached hereto and incorporated herein by this reference, are necessary to implement the Shoreline Management Act (Chapter 90.58 RCW) and Ecology Guidelines (WAC 173-26), and to ensure consistency between the Critical Areas policies contained within the Land Use Element of the Sultan Comprehensive Plan and the City's Implementing Regulations;
NOW, THEREFORE, IT IS ORDAINED BY THE CITY COUNCIL OF THE CITY OF SULTAN AS FOLLOWS::
Section 1. Subject to acceptance by the Department of Ecology the proposed amendments to the Shoreline Master Program set forth in Exhibit A are hereby adopted.:
Section 2. The Department of Community Development is directed to forward the SMP to the Department of Ecology for final review and acceptance..
Section 3. The Department of Community Development, upon acceptance of the Shoreline Master Program by the Department of Ecology is directed to review, conduct necessary public participation and proposed necessary revisions to the
City’s land use planning documents, maps, and development regulations including but not limited to: Comprehensive Plan, Land Use Map, Zoning Map, zoning code to improve consistency with the Shoreline Master Program.
Passed by the City Council and approved by the Mayor this ________ day of ____________, 2006.
City of Sultan
By:_______________________
Benjamin Tolson, Mayor
Attest:
By: _____________________
Laura Koenig, City Clerk
Approved as to form:
By: _____________________
Thom H. Graafstra, City Attorney
SULTAN CITY COUNCIL
AGENDA ITEM COVER SHEET
ITEM NO: Action A 2
DATE: March 9, 2006
SUBJECT: Master Business License Interagency Agreement
CONTACT PERSON: Donna Murphy and Laura Koenig
SUMMARY: Attached is the Interagency Agreement between the State of Washington Department of Licensing and the City of Sultan. At the direction of Council, staff has been working with the State DOL to become partners in the Master License Program. DOL employees have reviewed our application and renewal process,fees and the current list of business licenses. The City will retain full lawful, regulatory and approval authority over all business licensing acitivities.
We will have access to review our files and if there were a computer available, applicants could compete the master license application on site. There are grant funds available to pay for staff training and equipment.
FISCAL IMPACT:
RECOMMENDED Authorize the Mayor to sign the Interagency Agreement with the Department of Licensing.
ACTION:
COUNCIL ACTION:
DATE:
INTERAGENCY AGREEMENT
BETWEEN
STATE OF WASHINGTON DEPARTMENT OF LICENSING
AND
THE CITY OF SULTAN, WASHINGTON
This Agreement is made and entered into by and between the Department of Licensing, hereinafter referred to as DOL, and the