MIME-Version: 1.0 Content-Location: file:///C:/E6433914/May11,2005AgendaPacket.htm Content-Transfer-Encoding: quoted-printable Content-Type: text/html; charset="us-ascii" SULTAN CITY COUNCIL MEETING

 

SULTAN CITY COUNCIL MEETING

319 MAIN STREET

May 11, 2005

6:30 PM

 

6:30 PM Workshop with Snohomish County on the Jail Interlocal

 

(There is also a Hearing on the BUDGET AMENDMENTS to be held within this council me= eting – see below.)

-  P= ledge of Allegiance and Roll Call

 <= /span>

CHANGES/ADDITIONS TO THE AGENDA <= /span>

COMMENTS FROM THE PUBLIC:  Citizens are requested to keep com= ments to a 3 minute maximum to allow time for everyone to speak.

 <= /span>

COUNCILMEMBER COMMENTS

 =

STAFF REPORTS/PRESENTATIONS1)  Grants 

2)  Police Department

3)  Public Works 

4)  Student Representative<= /span>

 =

CONSENT AGENDA:    The following items are incorporated into the consent agenda and approved by a single motion of the Council.

1)  Minutes of the April 27, 2005 regu= lar Council meeting.

2)  Approval of Vouchers

3)  Garbage Truck Bids - Authorization= to proceed

4)  PUD Easement for Barmon

 =

PUBLIC HEARING - 2005 Budget Amendments

 =

ACTION ITEMS:1)  Ordinance 877-05 - Street Vacation=

2)  Interlocal Agreement for Jail Serv= ices with Snohomish County

3)  Ordinance 878-05 Cable Extension

4)  Spott Wireless Lease Agreement

5)  Ordinance  879-05   Budget Amendment<= /span>

6)  Resolution 05-10 Community Event &= #8211; Shindig (This Resolution prohibits dogs, other pets or other Domestic Anima= ls and riding bicycles, skateboards, and scooters on the property designated f= or the Centennial Picnic.)

7)  Resolution 05-11 Community Event &= #8211; Centennial Picnic (ditto constraints of Res. 05-10)

 

DISCUSSION:  Time Permitting

1)  Council Workshop Sessions (Permit Processing)

2)  Citizen Workshop - June 29, 2005

 =

PUBLIC COMMENT

 

COUNCILMEMBER RESPONSE TO PUBLIC COMMENTS 

Executive Session:   Potential Litigation and Union Negotiations=

 

Adjournment - 10:00 PM or at the conclusion of Council business.

 = ;

ADA NOTICE:  City of Sultan Community Center is accessible.<= span style=3D'mso-spacerun:yes'>  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 COU= NCIL

 

AGENDA ITEM COVER SHEET

 

Date:    &= nbsp;           &nbs= p;            &= nbsp;         

Agenda Item #:  &nbs= p;            &= nbsp;   

 

SUBJECT:   &nbs= p;            &= nbsp;          <= /b>

 

CONTACT PERSON:      Laura Koenig, City Clerk/Treasurer

 

SUMMARY STATEMENT:

.

 

 

RECOMMENDATION:   Approval as submi= tted.

 

 

 

 

Action Date:        =    

 

1634-05=

CITY OF SULTAN PUBLIC HEAR= ING – Apr= il 27, 2005

 

Public Heari= ng – Street Vacation:

The public hearing on the Emory Street Vacation request was called to order in = the Sultan Community Center by the Mayor Pro-tem Flower.  Councilmembers present:  Champeaux, Criswell, Boucher, Seeh= uus, and Blair.  There were no objectio= ns to the participation of any council members.

Staff Report= :=

Rick Cisar, City Planner, advised that a petition to vacate a portion of existing unnamed street right of way was received from Jay Emory.  The right of way crosses under Mr. Emory’s building and across his property located at 811 W Stevens Avenue.  The Council may require compensati= on in granting the street vacation but it is not required to secure compensation.   The right= of way was acquired by Snoho= mish County in 1911 and = serves no public purpose.  The buildi= ng was constructed in 1970 when the property was annexed to the City.  The vacation of the right of way w= ill have no adverse impact on the street traffic pattern and no abutting proper= ty will be land locked as a result of the vacation.

Council:=

Discussion was held regarding the requirement for compensation after the building has = been in place for 25 years, and the need to keep the dental business in town.

 

Public Comme= nts:

Loretta Storm:  The easement is land and is worth something and the city should require payment.  In the past, easements have been t= raded away.  Why should taxpayers ab= sorb the cost.

 

Bart Dalmasso:    Mr. Emory is an innoce= nt purchaser who was not aware of the problem when he bought the property and = he has paid property taxes on the right of way for 25 years.=

 

Ray Kirstenmacher:   The la= nd belongs to the city and it doesn’t matter who made the mistake.  If the city gives the easement to = one person they should give it away to everyone who makes a request.  Council needs to treat everyone the same.  PUD has easements across property and owners still pay taxes on the land.

 

Jay Emory, Owner:  Moved to the valley to set up a de= ntal practice and has been a long time member of the community.  Has raised his family here and been involved with community events and the Chamber. 

When the property was purchased a survey was not required and the right of way dedicated in 1911 did not show on the title.  Has a buyer for the building and practice but the title must be cleared before the sale can be completed.  He will have no financial gain fro= m the dedication of the right of way and asked that the Council be fair in considering any compensation due to the City.

 

Council Disc= ussion:=

Discussion was held regarding fair treatment, contradictory information in the County = records, value of the land versus value of retaining the business and the need to correct a 25 year old mistake.

 

On a motion by Councilmember Seehuus, seconded by Councilmember Criswell, the hearing was closed.  All ayes.=  

        &= nbsp;           &nbs= p;            &= nbsp;           &nbs= p;            &= nbsp;           &nbs= p;         &= nbsp;           &nbs= p;            &= nbsp;           &nbs= p;            &= nbsp;           &nbs= p;

        &= nbsp;           &nbs= p;            &= nbsp;           &nbs= p;            &= nbsp;           &nbs= p; Jim Flower, = Mayor Pro-tem

        &= nbsp;           &nbs= p;            &= nbsp;           &nbs= p;            &= nbsp; <= /span>

Laura J. Koenig, Clerk/Treasurer

 

=

        =             &nb= sp;            =             &nb= sp;            =             &nb= sp;            =             &nb= sp;            =             &nb= sp;           1635-05=

CITY OF SULTAN COUNCIL MEE= TING – Apri= l 27, 2005

The regular meeting of the Sultan City Council was called to order in the Sultan Community Center by Mayor Pro Tem Flower.  Councilmembers present:  Champeaux, Criswell, Boucher, Seeh= uus, and Blair.

Student Representative:  Rosa Barnajas=

 <= /o:p>

ADDITIONS TO= THE AGENDA:=

Consent:  Excused absence of Councilmember B= oyd and Mayor Tolson.

Executive Session:  Remove potential litigation.

COMMENTS FRO= M THE PUBLIC

Dave Schmidt:   High School project is called Seniors for Seniors which is a program for High School seniors to help seni= or citizens with work they need done.  There is no charge for the service and the students get volunteer credits for the Senior Safe and Sober grad night.

David Boneham:   Advised that he was confused= as to why there is still a problem with the Dan Barmon permit issue.  Thought the costs and requirements= were being addressed.  The Council controls the building department and they need to take action.

Dan Barmon:  Discussed his attempts to get a bu= ilding permit for his storage shed.  = Has met with staff to discuss the plans and the requirement for a binding site plan.  Paid for a SEPA checkli= st on June 11th and his papers were returned a week later as incomplete.  Advised he needs = to have a pre-application meeting and the costs of the permits will be $18,000.  Does not feel he sho= uld be subject to the binding site plan requirements and does not want to particip= ate in an LID for the road.  The C= ouncil needs to review the requirements for binding site plans. 

Jean Roberts:   Concerned about privatation = of the water system and the level of service the city will receive if they use only the Everett water supply.  City needs to c= ontrol the water in Sultan.

John Baunsyard:   Is working on his Eagle Scout project which is a service project to the community.  He has selected the clean up of Osprey Park as his project and would like to do repairs to the tables, signs and benches.  He requested permiss= ion to plant a tree and to make repairs to the park.  The estimated costs to do the work= will be $500-600 and he will be looking for donations of materials and supplies.=

 

COUNCILMEMBE= RS COMMENTS:=

Criswell:   Park projects are good for t= he community.  In regards to Barmon, can see his dilemma.  The codes need to de= fine the different types of structures and there should be a different criteria = for storage sheds.  This is not a development and should not be treated like one.  Questioned when a project is vested. 

Rick Cisar advised that it is a development by definition and there is a require= ment to participate in a LID for an east/west road connector if one is proposed.  Mr. Barmon has a ri= ght to appeal staff decisions.

 

Champeaux:   Council may need to look at = the binding site plan process and provide a checklist for projects.  The process is bogging down somewh= ere and needs to be reviewed.

Thanked the city staff and everyone who worked at the clean up day last weekend.  This is a great benefit for the ci= tizens and a lot of people use the process to clean up their property.<= /span>

 

Boucher:   Appreciates the clean up day= and agrees that it helps the city.  Requested an explanation of the vesting process for projects.

 

Cheryl Byer, City Attorney, advised that the City has a process for accepting projects.  The Council can be concerned about and discuss legislative issues, however, they can not discu= ss the process on a specific permit as they may taint the process when the per= mit comes to the council for action.  Vesting in

=

1636-05=

CITY OF SULTAN COUNCIL MEE= TING – Apri= l 27, 2005

 

Washington= State occurs when a completed application is received.  If the application = is not complete, the staff can return the application.  There is an appeal process if the = applicant disagrees with staff’s decision.

Payment with the application submittal does not mean that it is vested.<= /span>

 

Boucher:   Asked if the city followed t= he process as set out in the codes and if the check was accepted for the SEPA prior to the pre-app, would that be out of order.

Cheryl Byer, City Attorney, advised staff not to answer the question as they do not have the file to review and the Council meeting is not the proper forum for those questions.

 

Seehuus:   Recommended a workshop on the permit application process to educate the council.

 

Blair:  Applaud Mr. Schmidt and Baunsyard = for their projects – both are great programs for the community.  Would like to see a checklist for permits and applications to track documents submitted to staff.<= /span>

 

Flower:   Council needs education on t= he permit process.  The permit streamlining process does not seem to be working.  WSDOT attended the Highway 2 Coali= tion meeting to discuss a round about to replace the stop light at Old Owen Road.  The Evergreen Crescent Initiative = group is working on a mission statement.

 

STAFF REPORT= S:

Grants:  Donna Murphy, Grants Administratio= n, advised that the projects in Sportsman and Reese parks are moving forward.<= span style=3D'mso-spacerun:yes'>  The gateway signs should be instal= led soon.  The Evergreen Crescent group is develop= ing a mission statement for the east Snohomish County cities for economic development.

Police Department:  Chief Walser advised that the transportation legislation that was just passed does not include money for Highway 2 and the citizens need to contact their Legislators and let them k= now that Highway 2 needs improvements.  The Highway 2 Coalition is still seeking grants for the route study.=

The City has received a grant for $3200 to pay for traffic signs and the motorcycles.  Research on the feasibility of a Regional Justice Center is being conducted by cities in East County.  The long range goal is to provide regional services for jail, dispatch, fleet maintenance and other law enforcement costs. 

Public Works:   Connie Dunn, Public Works Director, advised that Bill Ferry has been reclassified as Water Treatment Plant Operator and that the Sewer Plant has been recertified.  Bids are going out for 5th Street project within the next week.  Advised that the Salmon Recovery Board would like to have a workshop= to discuss a proposed ordinance. 

CONSENT AGEN= DA:

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 c= onsent agenda was approved as presented.  Champeaux – aye; Criswell – abstained; Boucher – a= ye; Seehuus - aye; Flower – aye; Blair – aye.

  1. Minutes of the April 13, 2005 Council meet= ing as on file in the Office of the City Clerk.
  2. Vouchers #05-400 through 05-446 in the amo= unts of $94,208.12 and payroll through April 8, 2005 in the amount of $63,695.00 to be drawn and paid on the proper accounts.
  3. Authorization for the Mayor to sign the Interlocal Agreement with Snohomish County to participate in the Drug Task Force.
  4. Approval of the contract with Eylander Electric to change the HVAC system at the Police Department.
  5. Excused absence of Councilmember Boyd and Mayor Tolson from April 27, 2005 Council meeting.
=

1637-05=

CITY OF SULTAN COUNCIL MEE= TING – Apri= l 27, 2005

 

ACTION ITEMS= :=

Resolution 05-08  Water/Sewer Availability Procedure:  On a motion = by Councilmember Blair, seconded by Councilmember Seehuus, Resolution 05-08, Water/Sewer Availability Procedure, was adopted.  All ayes.

 

Ordinance 87= 7-05 Street Vacation:   On a motion by Councilmember Boucher, seconded by Councilmember Criswell, Ordinance 877-05 was introduced and passed on to a second reading with an amendment to not require compensation.  All ayes.

 

DISCUSSION I= TEMS:=

Wild Sky Pro= posal Workshop:  Donna Murphy advised that Congress= man Larson’s office would like to hold a workshop on May 11th prior to the Council meeting to provide information on the Wild Sky Wildern= ess Proposal.  Brief discussion wa= s held on the need to provide adequate time for both sides to present information.=

 

PUBLIC COMME= NTS

Dan Barmon:   Was not advised about the bi= nding site plan ordinance prior to the adoption.=   Would have submitted his application and paid prior to the adoption = of the ordinance if he had been advised.

 

Jay Emory:   Thanked the Council for their action on the street vacation request and Bart Dalmasso for his help.<= /o:p>

Loretta Storm:  Advised that she spoke with Mayor = Tolson regarding the Wild Sky workshop and he said it was not generated by Larson’s office.  Agrees= that equal time should be provided to each side and that the workshop should have been held prior to the Council taking action.

Vicki McIntire:   Questioned how the city was = paying for a regional justice center.  Supports the idea but need to consider the financial situation.=

Ed Hussman:  Noted that other cities that = passed the Wild Sky resolutions did not hold public hearings.  In fact, there have been no public hearings on the Wild Sky issue in the State of Washington. 

 <= /o:p>

COUNCIL COMM= ENTS

Champeaux:   The round-a-bout on Highway = 203 works.  The proposal for Highw= ay 2 is only in discussion stages to determine if it is feasible.

Criswell:   Need to protest the proposal= for a round about now before the State spends any money on design.

 

Boucher:   Thanks to Bart Dalmasso for helping with the street vacation.  In regards to the Barmon issue, hope the matter can be resolved to t= he satisfaction of both parties.  Is proud the Council took a stance against the Wild Sky proposal.

 

Flower:  Reminded the Council of the retrea= t set for Saturday April 30th from 9:00 AM to 2:00 PM.

 

Blair:  Was glad the Council could help Dr. Emory.  Thanked Loretta Storm = for the information on the web sites for the Wild Sky proposal.  The proposal is not consistent wit= h the Wilderness Act and it is important to preserve wilderness areas to protect = our water supply. 

 

Executive Se= ssion:  On a motion by Councilmember Champ= eaux, seconded by Councilmember Seehuus, the Council adjourned to executive sessi= on for fifteen minutes to discuss real estate acquisition.   All ayes.<= /p> =

1638-05=

CITY OF SULTAN COUNCIL MEE= TING – Apri= l 27, 2005

 

Real Estate Acquisition:  On a motion= by Councilmember Blair, seconded by Councilmember Seehuus, the city was author= ized to proceed with the purchase and demolition of the repetitive flood loss property located at 101 Main for open space/park purposes with the property acquisition cost not to exceed $65,000 subject to completion of the necessa= ry budget amendment prior to submitting a formal offer and acceptance of an FC= APP grant from the State Department of Ecology in the amount of $96,100 for the acquisition/demolition of repetitive loss property with a local cash match = not to exceed $15,000 from the Park Impact fee and to set a public hearing for = May 11, 2005 for the budget amendment. &n= bsp; All ayes.  <= /span>

 

Adjournment<= /span>:  = On a motion by Councilmember Seehuus, seconded by Councilmember Criswell, the meeting adjourned at 9:15 PM.

 

 

        &= nbsp;           &nbs= p;            &= nbsp;           &nbs= p;            &= nbsp;           &nbs= p;         &= nbsp;           &nbs= p;            &= nbsp;           &nbs= p;            &= nbsp;           &nbs= p;

        &= nbsp;           &nbs= p;            &= nbsp;           &nbs= p;            &= nbsp;           &nbs= p; Jim Flower, Mayor Pro-tem

 

        &= nbsp;           &nbs= p;            &= nbsp;           &nbs= p;            &= nbsp; <= /span>

Laura J. Koenig, Clerk/Treasurer

=

 

SULTAN CITY COUNCIL

 

AGENDA ITEM COVER SHEET

 

Date:        &= nbsp;           &nbs= p;            &= nbsp;           &nbs= p;  May 11, 2005

 <= /o:p>

Agenda Item #:&nbs= p;           Consent C 2

 <= /o:p>

SUBJECT: &nbs= p;            &= nbsp;     Voucher Approval

 <= /o:p>

CONTACT PERSON:         Laura Koenig, Clerk/Treasurer

 <= /o:p>

SUMMARY STATEMENT:

 

Approval of Vouchers # 05-447 through #05-511 in the amounts of $55,005.44 and payro= lls through April 22, 2005 in the amount of $68,109.83 to be drawn and paid on = the proper accounts.=

 <= /o:p>

 <= /o:p>

FISCAL IMPACTS:=

Expenditure Required: $123,115.27

 

 <= /o:p>

RECOMMENDATION:  Recommend approval as submitted. <= o:p>

        &= nbsp;           &nbs= p;            &= nbsp;           &nbs= p;            &= nbsp;           &nbs= p;            &= nbsp;           &nbs= p;            &= nbsp;           &nbs= p;            &= nbsp;           &nbs= p;            &= nbsp;           &nbs= p;                 &= nbsp;           &nbs= p;            &= nbsp;           &nbs= p;            &= nbsp;           &nbs= p;            &= nbsp;           

 

COUNCIL ACTION:

 <= /o:p>

Action Date:

=

SULTAN CITY COUNCIL

 <= /p>

AGENDA ITEM COVER SHEET

 <= /p>

ITEM NO:  &nbs= p;            &= nbsp;           &nbs= p;   C 3

 

DATE:   &= nbsp;           &nbs= p;            &= nbsp;       May 11, 2005

 

SUBJECT:  &nbs= p;            &= nbsp;           &nbs= p; Garbage Truck Bids

 

CONTACT PERSON: &nb= sp;        Public Works Director Dunn

    =             &nb= sp;            =             &nb= sp;      Public Works Staff member Barns

    =             &nb= sp;            =             &nb= sp;     

SUMMARY:        &= nbsp;           &nbs= p;      The City of Sultan purchased the existing truck in 1992 and it is time to replace this truck w= ith a new truck. We plan to keep the existing truck for a maximum 5 more years = to use as the City of Sultan grows and the days we run garbage service increases.

 =

  &n= bsp;            = ;            &n= bsp;            = ;        We will be writing specifications for a tandem axle truck and a 20 yard compac= tion body. This will address the weight problems we currently have and maximize = the use of the compactor unit.

 =

FISCAL IMPACT:        &= nbsp;        2005 Budget-Equipment Reserve Fund Balance for the Garbage Fund is $164,230.

 =

RECOMMENDED

ACTION:  &n= bsp;            = ;            &n= bsp;     Authorization to proceed with writing specifications and receiving bids on a new garbage truck and compactor.

 

 

 

COUNCIL ACTION: &nb= sp;           

 

DATE: