SULTAN CITY COUNCIL MEETING
319 MAIN STREET
May 11, 2006
6:00 PM Public Hearing - General Sewer Plan
6:30 PM Public Hearing - Water System Plan
7:00 PM CALL TO ORDER - Pledge of Allegiance and Roll Call
CHANGES/ADDITIONS TO THE AGENDA
PRESENTATIONS
COMMENTS FROM THE PUBLIC: Citizens are requested to keep comments to a 3 minute maximum to allow time for everyone to speak. It is also requested that you complete a comment form for further contact.
COUNCILMEMBER COMMENTS
PUBLIC HEARINGS
Ordinance 924-06 Planning Board
Closed Record Hearing - Steen Park
Closed Record Hearing - Cascade Breeze
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 April 27, 2006 regular Council Meeting
2) Minutes of the March 23, 2006 and April 13, 2006 public hearings on the Critical Area Regulations
3) Minutes of the March 23, 2006 and April 13, 2006 public hearings on the Shoreline Master Program
4) Approval of Vouchers
5) Set Public Hearing for Title 16 Text Amendments
ACTION ITEMS:
1) Set Workshop - WWTP Facility Plan
2) Ordinance 924-06 Planning Board
DISCUSSION: Time Permitting
PUBLIC COMMENT ON AGENDA ITEMS ONLY
COUNCILMEMBER RESPONSE TO PUBLIC COMMENTS ON AGENDA ITEMS
Executive Session:
Adjournment - 10:00 PM or at the conclusion of Council business.
ADA NOTICE: City of Sultan Community Center is accessible. Accommodations for persons with disabilities will be provided upon request. Please make arrangements prior to the meeting by calling City Hall at 360-793-2231.
SULTAN CITY COUNCIL
AGENDA ITEM COVER SHEET
ITEM NO: Action A 2
DATE: May 11, 2006
SUBJECT: Public Hearing on Ordinance 924-06 and Action A 2
CONTACT PERSON: Lee Walton, City Administrator
Rick Cisar, Director of Community Development
SUMMARY: Attached is Ordinance 924-06 which provides for the establishment of a Planning Board in the Department of Community Development. The Board will consist of five (5) members who shall be appointed by the Mayor and confirmed by the Council. The term of appointment is two years, with two one year appointments for the initial board. The ordinance provides for vacancy, removal of board members, meeting schedule, development of rules and procedures and establishes the powers and duties of the board.
A public hearing on the ordinance will be held during the regular Council meeting on May 11, 2006.
FISCAL IMPACT:
RECOMMENDED Adoption of Ordinance 924-06 on first reading.
ACTION:
COUNCIL ACTION:
DATE:
CITY OF SULTAN
ORDINANCE NO. 924-06
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SULTAN, WASHINGTON DESIGNATING THE DEPARTMENT OF COMMUNITY DEVELOPMENT AS THE CITY’S PLANNING AGENCY AND ESTABLISHING A PLANNING BOARD IN THE DEPARTMENT OF COMMUNITY DEVELOPMENT BY RESPECTIVELY AMENDING SMC 2.17.020, AND ENACTING 2.17.080 ESTABLISHMENT OF PLANNING BOARD, 2.17.090 APPOINTMENT TO THE PLANNING BOARD, 2.17.100 TERMS OF APPOINTMENT TO PLANNING BOARD, 2.17.110 VACANCY, 2.17.120 REMOVAL FROM MEMBERSHIP ON PLANNING BOARD, 2.17.130 MEETINGS OF PLANNING BOARD; 2.17.140 QUORUM FOR MEETING OF PLANNING BOARD, 2.17.150 RULES AND REGULATIONS, AND 2.17.160 POWERS AND DUTIES.
It is hereby ordained by the City Council of the City of Sultan, Washington as follows:
Section 1. Chapter 2.17.020 Sultan Municipal Code is hereby amended to read as follows:
2.17.020 Designation of Department of Community Development as Planning Agency.
The Department of Community Development is hereby designated as the Planning Agency for the City of Sultan to perform all duties, directly or indirectly, by contract or agreement, required of a Planning Agency as imposed by law. Where provisions in the Revised Code of Washington or the City’s Municipal Code reference a “Planning Agency,” and/or “Planning Commission”, from and after the effective date of this section, such references shall refer to the Department of Community Development..
Section 2. Chapter 2.17 Sultan Municipal Code is hereby amended to add a new Section 2.17.080 Planning Board to read as follows:
2.17.080 Planning Board
There is hereby established a Planning Board consisting of five (5) members.
Section 3. Chapter 2.17 Sultan Municipal Code is hereby amended to add a new Section 2.17.090 Appointments to Planning Board to read as follows:
2.17.090 Appointments to Planning Board.
All members of the Planning Board shall be appointed by the Mayor and confirmed by the City Council. Appointments shall be made in a nondiscriminatory manner, without regard to age, race, sex or political affiliation.
Section 4. Chapter 2.17 Sultan Municipal Code is hereby amended to add a new Section 2.17.100 Terms of Appointments to the Planning Board to read as follows:
2.17.100 Terms of Appointments to the Planning Board.
Two of the initial appointments to the Planning Board shall be for a one year appointment. Three of the initial appointments to the Planning Board shall be for a two year appointment. All subsequent appointments to the Planning Board shall be for a term of two (2) years, unless the appointment is to fill the balance of an existing term, in which event the term shall be the balance of the term. Members may be reappointed an unlimited number of terms.
Section 5. Chapter 2.17 Sultan Municipal Code is hereby amended to add a new Section 2.17.110 Vacancy to read as follows:
2.17.110 Vacancy.
A member’s position on the Planning Board shall be deemed vacant if a member resigns, or if a member misses four regular meetings of the Planning Board within a twelve-(12) month period. Absences may only be excused for substantial reasons, such as serious illness of the member, or immediate family, or death in the member’s immediate family.
Section 6. Chapter 2.17 Sultan Municipal Code is hereby amended to add a new Section 2.17.120 Removal from Membership on Planning Board to read as follows:
2.17.120 Removal from Membership on the Planning Board.
A member of the Planning Board may be removed by the Mayor for inefficiency, neglect of duty or malfeasance in office. If the Mayor believes the required cause for removal exists, the Mayor shall issue a notice of suspected cause and allow the member a Public Hearing before the Mayor to demonstrate that cause for removal does not exist. Based upon the evidence presented in the Public Hearing, the Mayor shall determine whether the member shall be removed. The Mayor shall report any such removal to the City Council. There shall be no right of appeal to the Council.
Section 7. Chapter 2.17 Sultan Municipal Code is hereby amended to add a new Section 2.17.130 Meetings of Planning Board to read as follows:
2.17.130 Meetings of the Planning Board.
The Planning Board shall meet a minimum of once a month, and conduct such other meetings as required to complete the duties assigned to the Planning Board. The initial meeting of the Planning Board shall occur within twenty (20) days of the effective date of this Ordinance. Notice of said meeting shall be issued by the Director in accordance with the requirements of law. As a first item of business, the Planning Board shall designate the date and time for its regular monthly meeting.
Section 8. Chapter 2.17 Sultan Municipal Code is hereby amended to add a new Section 2.17.140 Quorum for Meeting of Planning Board to read as follows:
2.17.140 Quorum for Meeting of the Planning Board.
The presence of a minimum of three members shall constitute a quorum. Except to adjourn, no action may be taken in the absence of a quorum. Final action of the Planning Board in the form of a recommendation shall require the affirmative vote of a majority of the members present when a quorum has been established.
Section 9. Chapter 2.17 Sultan Municipal Code is hereby amended to add a new Section 2.17.150 Rules and Regulations to read as follows:
2.17.150 Rules and Regulations.
The Planning Board may adopt Rules and Regulations for the conduct of its affairs. In the absence of any such rules and regulations the Planning Board shall follow the most analogous rules used either by the City Council for its meetings or by the City’s Hearing Examiner.
Section 10. Chapter 2.17 Sultan Municipal Code is hereby amended to add a new Section 2.17.160 Powers and Duties to read as follows:
2.17.160 Powers and Duties
A. In consultation with the Director of Community Development, the Planning Board shall review and monitor the City’s Comprehensive Plan and Development Regulations, both as defined in the Growth Management Act of the State of Washington, to establish a list of tasks to be undertaken to keep the City’s Comprehensive Plan and Development Regulations up to date and in compliance with the Growth Management Act ;
B. The Planning Board shall review the City’s public participation notices and processes to establish a legally-compliant public participation process for the City. The Planning Board shall report its recommendations on said notices and processes to the Director of Community Development within sixty (60) days of the effective date of this ordinance. The Director shall forward that report and his/her commentary, if any, to the City Council within twenty (20) days of receipt.;
C. In consultation with the Director of Community Development, the Planning Board shall implement a public participation process and conduct such public meetings and hearings as required to fulfill the City’s public participation obligations under Chapter 36.70 A RCW;
D. In conjunction with the Director (of Community Development), the Planning Board shall develop Sultan’s Comprehensive Plan and/or updates and amendments thereto, and revise development regulations that implement its Comprehensive Plan and make recommendation concerning the same to the Director of Community Development and to the city council;
E. In conjunction with the Director of Community Development, the Planning Board shall annually make a recommendation for training and assistance to the board and a budget request to the city council.
Section 11. If any section of this ordinance, of if any subsection or part shall be declared unlawful, the balance of this ordinance and of each section shall remain in full force and effect.
Section 12. 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 __th day of May __, 2006.
CITY OF SULTAN
By____________________________
BEN TOLSON, Mayor
ATTEST:
By__________________________________
LAURA KOENIG, City Clerk
Approved as to form:
By___________________________________
THOM H. GRAAFSTRA, City Attorney
Date of publication:_______________________
SULTAN CITY COUNCIL
AGENDA ITEM COVER SHEET
ITEM NUMBER: Hearing
DATE: May 11, 2006
SUBJECT: CLOSED RECORD HEARING
Hearing Examiner Recommendation: (Steen Park Preliminary Cluster Subdivision File Number No. FPCUP05-003) (Subdivision Maps Attached).
CONTACT PERSON: Rick Cisar, Director of Community Development
SUMMARY: THIS IS A CLOSED RECORD HEARING. CITY COUNCIL’S DECISION IS BASED ON THE OPEN HEARING RECORD. NO NEW TESTIMONEY OR INFORMATION IS PERMITTED.
The Hearing Examiner held an Open Record Hearing on April 12, 2006 and considered a request for the Steen Park Preliminary Custer subdivision, File Number No. FPCUP05-003. Based on the Findings of Fact and Conclusions and Conclusions the testimony and evidence submitted at the open record hearing, the Hearing Examiner’s site view, the Examiner
RECOMMENDS:
(1) THAT STEEN PARK SUBDIVISION BE RETURNED TO THE APPLICANT FOR MODIFICATION AS NECESSARY TO DEMONSTRATE COMPLIANCE WITH CHAPTER 16.108 SMC, CONCURRENCY MANAGEMENT SYSTEM, REGARDING POLICE SERVICES AND PARKS, RECREATION AND OPEN SPACE; AND
(2) THE EXAMINER WOULD RECOMMEND APPROVAL OF 1) THE PROPOSED PRELIMINARY SUBDIVISION OF STEEN PARK; 2) THE PLAT
MODIFICATION FOR CUL-DE-SAC LENGTH; AND
(3) THE REQUESTED CONDITIONAL USE PERMIT TO ALLOW CLUSTERING WITHIN STEEN PARK, ALL SUBJECT TO THE ATTACHED CONDITIONS, IF THE CONCURRENCY PROBLEMS IDENTIFIED IN THE BODY OF THE RECOMMENDATION COULD BE SOLVED.
A request for Reconsideration of the Hearing Examiner’s Recommendation, submitted by the City, allowing the Applicant and City to present new evidence of compliance with Chapter 16.108 SMC, Concurrency Management System was denied by the Hearing Examiner on May 2, 2006.
FISCAL IMPACT: Staff time in preparing Report and Attachments.
RECOMMENDATION Hearing Examiner Summary, page 12 Number’s 17
ACTION: and 18 read as follows:
17. Police Services and parks, recreation, and open space lands are below the LOS standards established within the 2004 Comprehensive Plan as incorporated into Chapter 16.108 SMC. Approval and development of Steen Park will only lower the LOS’s even further. The evidence does not demonstrate compliance with either SMC 16.108.060(B) or (C). Therefore, in accordance with the mandate in SMC 16.108.060, Steen Park may not be approved.
18. The City may take one of three actions on a preliminary subdivision application: Approve it with or without conditions; return it to the applicant for modification to correct identified shortcomings; or deny it. [SMC 16.28.330(C)] Since this problem arose unexpectedly during the open record hearing, the fairest solution is to return the application to York for modification.
COUNCIL ACTION:
DATE:
ATTACHMENTS:
Hearing Examiners Recommendations on Subdivision
and Reconsideration Request.
Staff Report
Subdivision Maps
SULTAN CITY COUNCIL
AGENDA ITEM COVER SHEET
ITEM NUMBER: Hearing
DATE: May 11, 2006
SUBJECT: CLOSED RECORD HEARING
Hearing Examiner Recommendation: (Cascade Breeze Estates Preliminary Cluster Subdivision File Number No. FPCUP05-002) (Subdivision Maps Attached).
CONTACT PERSON: Rick Cisar, Director of Community Development
SUMMARY: THIS IS A CLOSED RECORD HEARING. CITY COUNCIL’S DECISION IS BASED ON THE OPEN HEARING RECORD. NO NEW TESTIMONY OR INFORMATION IS PERMITTED.
The Hearing Examiner held an Open Record Hearing on April 12, 2006 and considered a request for the Cascade Breeze Preliminary Custer subdivision, File Number No. FPCUP05-002. Based on the Findings of Fact and Conclusions and Conclusions the testimony and evidence submitted at the Open Record Hearing, the Hearing Examiner’s site view, the Examiner
RECOMMENDS:
(1) THAT CASCADE BREEZE ESTATES BE RETURNED TO THE APPLICANT FOR MODIFICATION AS NECESSARY TO DEMONSTRATE COMPLIANCE WITH CHAPTER 16.108 SMC, CONCURRENCY MANAGEMENT SYSTEM, REGARDING POLICE SERVICES AND PARKS, RECREATION AND OPEN SPACE; AND
(2) THE EXAMINER WOULD RECOMMEND APPROVAL OF 1) THE PROPOSED PRELIMINARY SUBDIVISION OF CASCADE BREEZE ESTATES; AND 2) THE REQUESTED CONDITIONAL USE PERMIT TO ALLOW CLUSTERING WITHIN CASCADE BREEZE ESTATES, BOTH SUBJECT TO THE ATTACHED CONDITIONS, IF THE CONCURRENCY PROBLEMS IDENTIFIED IN THE BODY OF THE RECOMMENDATION COULD BE SOLVED.
A request for Reconsideration of the Hearing Examiner’s Recommendation, submitted by the City, allowing the Applicant and City to present new evidence of compliance with Chapter 16.108 SMC, Concurrency Management System was denied by the Hearing Examiner on May 2, 2006.
FISCAL IMPACT: Staff time in preparing Report and Attachments.
RECOMMENDATION Hearing Examiner Summary, page 12 Number’s 17
ACTION: and 18 read as follows:
17. Police services and parks, recreation, and open space lands are below the LOS standards established within the 2004 Comprehensive Plan as incorporated into Chapter 16.108 SMC. Approval and development of Cascade Breeze Estates will only lower the LOS’s even further. The evidence does not demonstrate compliance with either SMC 16.108.060(B) or (C). Therefore, in accordance with the mandate in SMC 16.108.060, Cascade Breeze Estates may not be approved.
18. The City may take one of three actions on a preliminary subdivision application: Approve it with or without conditions; return it to the applicant for modification to correct identified shortcomings; or deny it. [SMC 16.28.330(C)] Since this problem arose unexpectedly during the open record hearing, the fairest solution is to return the application to York for modification.
COUNCIL ACTION:
DATE:
ATTACHMENTS:
Hearing Examiner’s Recommendations on Subdivision;
and Reconsideration Request.
Staff Report
Subdivision Maps
SULTAN CITY COUNCIL
AGENDA ITEM COVER SHEET
Date: May 11, 2006
Agenda Item #: Consent C 1
SUBJECT: Council minutes
CONTACT PERSON: Laura Koenig, City Clerk
SUMMARY STATEMENT:
Attached are the minutes of the April 27, 2006 regular Council meeting, as on file in the Office of the City Clerk.
RECOMMENDATION: Approval as submitted.
Action Date:
COUNCIL ACTION:
1748-06
CITY OF SULTAN COUNCIL MEETING – April 27, 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, Slawson, Seehuus, Flower, Blair and Boyd.
COMMENTS FROM THE PUBLIC
Jerry Gibson: Expressed concern that things are not working right between the city and the citizens. Recently presented a petition from 85 residents regarding a land use proposal and discussed the distrust they have for the government. Attended the Short Course on Local Planning and chapter 2 discusses citizens mistrust and how to get people involved, communication and providing information. The council needs to find ways to get the citizens involved and to communicate with them.
Loretta Storm: Has experienced the same frustrations with communication. Commended Lee Walton, City Administrator, for listening to citizens.
COUNCILMEMBERS COMMENTS:
Champeaux: Thanked the City staff for working on Cleanup Day. Requested that the Council and citizens support the School District Maintenance and Operation Levy so the school can continue to provide basic services. Commended Jerry Gibson and Loretta Storm for offering to donate time to help the city as most people only get involved with issues that impact them directly.
Slawson: Advised that SCT (Snohomish County Tomorrow) is working on an annexation policy. Noted that communication with citizens is difficult. During the recent discussion on the REET issue, they received input from realtors but not citizens.
Seehuus: Recognized Loretta Storm for the good work she is doing for the Highway 2 Safety Coalition.
Flower: Agrees that the citizens don’t show up for the meeting unless there is a problem and it affects them directly. Noted there are a lot of people who volunteer their time to make the city better.
Blair: Would like to see more people involved, however, it is the hot topics that brings people out. Thanked staff for obtaining the grant for cleanup day and the work they put into the project. Also noted that there are a lot of volunteers behind the scenes that don’t get recognized.
STAFF REPORTS:
Grants: Donna Murphy advised that the city received a two year grant for the cleanup day program.
The Downtown Vision group held their quarterly meeting and they will be working on the islands along Main Street, completing the demographics study and find ways to become involved with the 2010 Olympics.
Finance: Gordon Hey, Finance Director, provided an update on the Springbrook financial system conversion. Advised that he is working on an analysis of the first quarter report and will have recommendations for establishing contingency and reserve funds.
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 Slawson, the consent agenda was approved as presented. Champeaux – aye; Wiediger – aye; Slawson – aye; Seehuus - aye; Flower – aye; Blair – aye, Boyd – aye, abstained on the minutes.
1749-06
CITY OF SULTAN COUNCIL MEETING – April 27, 2006
ACTION ITEMS:
Ordinance 920-06 Budget Amendment: On a motion by Councilmember Seehuus, seconded by Councilmember Weidiger, Ordinance 920-06, Budget Amendment, was adopted. All ayes.
Prothman Contract for Recruitment: The Prothman Company has provided a proposal to provide recruitment services for the City Administrator and Finance Director positions in an amount of $22,000 plus expenses. Brief discussion was held on the process, contracts, involvement of staff and community members and costs. On a motion by Councilmember Champeaux, seconded by Councilmember Slawson, the Mayor was authorized to sign the contract with Prothman Company for recruitment services. All ayes.
Ordinance 922-05 Reese Park Annexation: Rick Cisar, Planner, advised that based on comments received at the last council meeting the zoning designation has been removed from the ordinance and changed to specify that the property will be used for municipal purposes. Brief discussion was held on the zoning requirements and designation. On a motion by Councilmember Seehuus, seconded by Councilmember Flower, Ordinance 922-06, Reese Park Annexation, was adopted as amended. All ayes.
Ordinance 923-05 Water Treatment Plant Property Annexation: Rick Cisar, Planner, advised that based on comments received at the last council meeting the zoning designation has been removed from the ordinance and changed to specify that the property will be used for municipal purposes. On a motion by Councilmember Flower, seconded by Councilmember Champeaux, Ordinance 923-06, Water Treatment Plant Property Annexation was adopted as amended. All ayes.
Ordinance 921-06 REET: On a motion by Councilmember Seehuus, seconded by Councilmember Blair, Ordinance 921-06, REET amendment, was adopted. All ayes.
Sultan School District: Mayor Tolson presented a letter of support for the School District levy. On a motion by Councilmember Seehuus, seconded by Councilmember Champeaux, the Council endorsed the letter of support. All ayes, with Councilmember Boyd abstaining.
PUBLIC COMMENTS
Loretta Storm: Advised that over 200 people attended the Coalition meeting on April 18th and they received good comments and recommendations. She encourages people that come to her with complaints to attend the council meeting; however, most feel that no one listens to what they say. In regards to the annexation with zoning, the zoning defaults to the current County zoning.
1750-06
CITY OF SULTAN COUNCIL MEETING – April 27, 2006
Garth York: Asked if the city could do repairs on the gazebo roof at Sportsman Park. Staff advised that the city has a grant to do the repairs and they will be completed this summer.
Jerry Gibson: Council should encourage people to attend the meetings and not accept that only bad things bring them out.
COUNCIL COMMENTS
Planning Board: Councilmembers briefly discussed the Planning Board, how to encourage citizens to apply for the positions, adoption of the ordinance and public participation. Also discussed how to provide information to the public and respond to their questions and comments.
Adjournment: On a motion by Councilmember Seehuus, seconded by Councilmember Champeaux, the meeting adjourned at 8:30 PM.
Benjamin Tolson, Mayor
Laura J. Koenig, City Clerk
SULTAN CITY COUNCIL
AGENDA ITEM COVER SHEET
Date: May 11, 2006
Agenda Item #: Consent C 2
SUBJECT: Council minutes
CONTACT PERSON: Laura Koenig, City Clerk
SUMMARY STATEMENT:
Attached are the minutes of the March 23, 2006 and April 13, 2006 public hearings on the Critical Area Regulations, as on file in the Office of the City Clerk.
RECOMMENDATION: Approval as submitted.
Action Date:
COUNCIL ACTION:
1754-06
CITY OF SULTAN PUBLIC HEARING - March 23, 2006
Public Hearing – Critical Areas Regulation
The public hearing on Ordinance 918-06 regarding Critical Area Regulations, was called to order by Mayor Tolson. Councilmembers present: Champeaux, Slawson, Weidiger, Seehuus, Flower, Blair and Boyd.
There were no objections to the Council participation in the hearing. As a point of order, Loretta Storm asks which agency was making the recommendation. Mayor Tolson advised that the recommendation comes from the Director of Community Development.
Staff Report:
Rick Cisar, Director of Community Development, presented the following exhibits for the Critical Area Regulations (CAR) for the record:
1. Draft of the Critical Area Regulations with comments from DOE
2. Notice of Public Workshop on the CAR held February 21, 2006
3. Packet provided for the Public Workshop with the following attachments:
a. Notice of Public Workshop dated February 11, 2006
b. Letter from Paul Inghram, B & H, on Sultan Critical Areas Ordinance and Best Available Science.
c. Draft of Best Available Science Review dated January 10, 2006
d. Memo from Paul Inghram on Critical Area Regulations dated January 18, 2006.
e. Draft Revisions to Critical Area Regulations (1/18/06)
f. Letter from DOE regarding Review of City’s Proposed Update to Critical Area Regulations dated January 25, 2006.
g. Draft Revisions to Critical Areas Regulations (1/26/06)
h. Memo from Aubin Phillips regarding Final Changes to Sultan SMP dated February 7, 2006.
4. Public Hearing notice for the March 23, 2006 Public Hearing.
5. Staff agenda cover sheet with copy of the CAR and DOE comments.
6. March 15, 2006 letter from the Master Builders Association
7. March 21, 2006 e-mail and attachments from the Pilchuck Audubon Society
8. March 23, 2006 fax received from the Snohomish County-Camono Association of Realtors.
9. March 23, 2006 e-mail received from the Heydricks
10. Copy of the City of Sultan Development Regulation Amendment Procedures and Public Hearing and Participation process
11. CD with Critical Areas Ordinances & Habitat Protection Resources and Studies
The 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).
Public Comments:
Loretta Storm: Asked if the City received the letter from the Pilchuck Audubon Society which addresses the issue of public participation.
Ron Kraut: The 2003 EIS for the Comp Plan promised that there would be additional mapping completed and the fish and wildlife and aquatic mapping still has not been received. The Comp Plan
1755-06
CITY OF SULTAN PUBLIC HEARING – March 23, 2006
Kraut: is a guide for implementing policy and those policies should be consistent with the plan. The comp plan sets buffers and requires that environmental zoning designations shall be made with critical area regulations based on uses that will not harm the environment. Those are not included in the CAR. The standards should be consistent with Snohomish County standards.
Jerry Gibson: Concerned about the Wagley Creek setbacks and buffers as what occurs upstream will effect downstream. Plans need to be consistent.
Josie Fallgatter: Submitted a copy of the Agenda cover and Resolution 05-13 into the record.
Discussed the public participation process as outlined in the Amendment Procedures which requires a public hearing before the Planning Commission. The City is not following the adopted amendment procedures. The City is on the right track with the critical area regulations and they should make sure they are consistent with the Snohomish County regulations. There are some loop holes such as the landslide hazard buffer areas can be reduced if a study is done, but the study can be waived.
Keith Arndt: There are good and bad things in the regulations and they could impact developers, however there is flexibility. All streams and wetlands are different and the city needs to take into consideration the cost of compliance. They have 6 streams on their property and these regulations will impact their development. The increase in property taxes and land value has also increased the cost of development.
Ray Kistenmacher: feel for developers in that they have a lot of regulations and cost but if they are not well written and they give wiggle room, there is a major cost to the community. Don’t stick it to developers, but get it right.
Jennifer Jearek representing the Master Builders Association. Asked if the city has looked at calculating the net loss to property already and considered using the DOE rating system. The city must incorporate best available science into the regulations. Each development will need to be reviewed for buffer averaging. Recommended using 35 foot setbacks for Category 4 wetlands.
Jason Chambers, Barclays North: Agrees with the buffer reductions in Category 4 wetlands.
Ray Kistenmacher: If people own property that is 100% wetlands, he feels sorry for them but they still need to protect the wetlands and if they only have one useable acre, that’s all they should use.
Councilmembers:
Discussion was held on the hearing and amendment process for regulations, specifically the requirement for a Planning Commission hearing. The city does not currently have an active Planning Agency and the Council has been designated as the interim Planning Agency. The city is providing for the public process through the hearing.
Discussion was held on the need to complete the mapping and to find funding to complete the process. Also need to determine if the mapping should have been completed with the Comp Plan.
Roger Wagoner, B & H, advised that the City is not in compliance with GMA and this may impact access to some funding programs. A draft was been submitted to State agencies and the City has received letters from DOE and Fish & Wildlife. The draft was amended to include those comments by the state agencies and it will be updated again to incorporate other comments.
1756-06
CITY OF SULTAN PUBLIC HEARING – March 23, 2006
On a motion by Councilmember Seehuus, seconded by Councilmember Boyd, the hearing was continued to April 13, 2006. All ayes.
Benjamin Tolson, Mayor
Laura J. Koenig, City Clerk
SULTAN CITY COUNCIL
AGENDA ITEM COVER SHEET
Date: May 11, 2006
Agenda Item #: Consent C 3
SUBJECT: Council minutes
CONTACT PERSON: Laura Koenig, City Clerk
SUMMARY STATEMENT:
Attached are the minutes of the March 23, 2006 and April 13, 2006 public hearings on the Shoreline Master Program, as on file in the Office of the City Clerk.
RECOMMENDATION: Approval as submitted.
Action Date:
COUNCIL ACTION:
1751-06
CITY OF SULTAN PUBLIC HEARING – March 23, 2006
The public hearing on the Shoreline Master Program was called to order in the Sultan Community Center by Mayor Tolson. Councilmembers present: Wiediger, Slawson, Seehuus, Flower, Champeaux, and Blair. There were no objections to the Council participation in the hearing.
Staff:
Rick Cisar, Director of Community Development, introduced Roger Wagoner and Aubin Phillips from Berryman and Henigar and David Pater from the Department of Ecology.
The following exhibits were submitted for the record:
1. Shorelines Master Program Binder
2. Staff memo dated February 16, 2006 with the following attachments:
a. Notice of Public Workshop dated February 11, 2006
b. Letter from Paul Inghram, B & H, on Sultan Critical Areas Ordinance and Best Available Science.
c. Draft of Best Available Science Review dated January 10, 2006
d. Memo from Paul Inghram on Critical Area Regulations dated January 18, 2006.
e. Draft Revisions to Critical Area Regulations (1/18/06)
f. Letter from DOE regarding Review of City’s Proposed Update to Critical Area Regulations dated January 25, 2006.
g. Draft Revisions to Critical Areas Regulations (1/26/06)
h. Memo from Aubin Phillips regarding Final Changes to Sultan SMP dated February 7, 2006.
3. Public Notice for the February 21, 2006 Public Workshop on the SMP and CAR.
4. Public Notice for the March 9, 2006 Public Hearing on the SMP.
5. Notice of Rescheduled Public Hearing on the Shoreline Master Program
6. November 1, 2005 Planning Commission agenda and minutes on the SMP.
7. E-mail from Heydricks regarding the SMP (sent on 3/09/06).
8. Unsigned letter dated March 7, 2006 to Roger Wagoner regarding the SMP and CAR.
9. Letter from Pilchuck Audubon Society dated March 9, 2006.
10. Letter submitted by Ron Kraut during the March 23, 2006 hearing.
The 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.
Public Input:
Jerry Gibson: Asked if the setbacks on Wagley Creek are connected with the shorelines. Lives downstream from the creek and there are proposals to reduce the setbacks and if they change things upstream it will impact things downstream. Would like to make sure they have considered all the issues.
1752-06
CITY OF SULTAN PUBLIC HEARING – March 23, 2006
Loretta Storm: Noted for the record that Councilmember Flower owns property that would be affected by the plan. Would like to see smaller set backs in the industry park zone. Any setbacks need to consider future growth, erosion and flooding issues. City should enter into the record the list of people who showed up for the cancelled hearing on March 9, 2006.
Josie Fallgatter: Disappointed that the meeting did not occur two weeks ago when people were present to make comments. The Shoreline Master Program includes a good discussion regarding the Comp Plan. Chapter 6 discusses goals and policies for shoreline management. The terms “should” and “should not” do not discourage uses and they are not enforcement terms. Mining is allowed in the river – how does that further goals and policies? The plan is inconsistent with the SMC although it says that it was reviewed for consistency. There are blanks in the document that need to be completed and it is not clear if this is a stand alone document or part of the comp plan. There are references to critical and sensitive areas – what is the difference and how do they relate to SMP? The Critical Area ordinance needs to be in place before the Shoreline Plan is adopted.
Ron Kruat: (Statement was submitted for the record – Exhibit 10). Briefly discussed the lack of mapping that was to be provided in accordance with the final EIS for the 2004 Comp Plan. Also requires that the SMP be consistent with the Critical Area regulations, however, they have not been adopted yet. Provided an opinion on development regulations from Municipal Research.
Ray Kistenmacher: The hearing should not have been rescheduled to time of day that does not allow people to attend. It should be the council policy to encourage public input and the meeting at 5:30 PM discourages participation.
Council Comments:
Mayor Tolson: Noted that the time of the meeting is due to the full council agenda and agrees that the time is not most convenient. Recommended that the council consider continuing the hearing.
Flower: Noted that Wagley Creek does not flow through his property and the scope of the SMP does not apply to streams. There have been discussions on improvements to Wagley Creek and the installation of culverts starting at the downstream locations and working up stream.
Blair: If there is a requirement that the critical area ordinances be in place first, then it should be completed prior to the adoption of the SMP. Setbacks are just as important upstream as down stream.
All council members agreed that the hearing should be continued.
On a motion by Councilmember Seehuus, seconded by Councilmember Blair, the public hearing was continued to April 13, 2006 at 6:00 PM. All ayes.
Benjamin Tolson, Mayor
Laura Koenig, City Clerk
1753-06
CITY OF SULTAN PUBLIC HEARING - April 13, 2006
The continued public hearing on the Shoreline Master Program was called to order in the Sultan Community Center by Mayor Tolson. Councilmembers present: Wiediger, Slawson, Seehuus, Flower, Champeaux and Blair. There were no objections to the Council participation in the hearing.
Staff Report:
Rick Cisar, Community Development Director advised that this was a continued hearing on the Shoreline Master Program. The following additional exhibits were submitted for the record:
11. Notice of continued public hearing
12. Memo from BHC dated April 6, 2006 on the recent changes to SMP and COA.
13. Planning Commission minutes dated November 1, 2005 regarding the adoption
of the SMP.
14. Letter from David Pater, DOE, dated March 21, 2006 providing comments on the
February 2006 draft of the City of Sultan Shoreline Restoration Plan and
Cumulative Impacts Analysis.
Roger Wagoner, BHC, advised that the comments from DOE have been addressed and the SMP revised to comply. Councilmember Blair asked about consistency between the Comp Plan, SMP and CAR. Roger Wagoner advised that after approval by the city and DOE the goals are brought over into the comp plan. The Critical Area regulations are not part of the comp plan. The Comp Plan sets goals and policy and the regulations must be consistent with the plan. The Shoreline program is more specific then the Comp Plan about what can occur within 200 feet of the river. Advised that minor creeks are not within the scope of the report. Aubin Phillips reviewed the map that details the areas that are within the Shoreline Management area.
David Pater, DOE, advised that consistency between the Shoreline Master Program and the Critical Area Regulations is important. The revisions to the plan are under review.
Public Input:
Sue Shawger: According to American rivers study, the Skykomish River is number 5 on the endangered list. Encourage the council to take action to protect the river and provide adequate buffer zones.
Josie Fallgatter: Advised that she was curious why the recommendations of Planning Commission were not incorporated into the program. Noted that mining is not allowed in the city limits but is allowed in areas that should be protected.
On a motion by Councilmember Seehuus, seconded by Councilmember Flower, the public hearing was closed. All ayes.
Benjamin Tolson, Mayor