SULTAN CITY COUNCIL MEETING
319 MAIN STREET
November 22, 2005
6:00 PM
6:00 PM Public Hearing on the 2006 Budget
7:00 PM CALL TO ORDER - Pledge of Allegiance and Roll Call
CHANGES/ADDITIONS TO THE AGENDA
· Proclamation for Helen Turner, Library Board Member
· Council Appointment and Oath of Office
COMMENTS FROM THE PUBLIC: Citizens are requested to keep comments to a 3 minute maximum to allow time for everyone to speak.
COUNCILMEMBER COMMENTS
STAFF REPORTS/PRESENTATIONS
1) Police Department
2) Public Works
3) Grant Report
CONSENT AGENDA: The following items are incorporated into the consent agenda and approved by a single motion of the Council.
1) Minutes of the Public Hearing on the 2006 Property Tax Levy and Minutes of the November 9, 2005
regular Council Meeting
2) Approval of Vouchers for November 22, 2005
3) Approval of the amended Vouchers for November 9, 2005
Public Hearing - Water and Sewer Comprehensive Plans
ACTION ITEMS:
1) Ordinance 891-05 2006 Property Tax Levy -2nd Reading
2) Ordinance 894-05 2006 GO Tax Levy - 2nd Reading
3) Ordinance 896-05 Cable Franchise Renewal - 2nd reading
4) Appointments to the Design Review Committee (G.R.I.T. note: The correct name of this city advisory entity is “Design Review Board.”)
5) Ordinance 898-05 Water Comp Plan - 1st reading
6) Ordinance 897-05 Sewer Comp Plan - 1st reading
7) Resolution 05-29 Fully Contained Communities
8) Resolution 05-30 Surface Water Management
9) Interlocal with Snohomish County for Emergency Management
DISCUSSION: Time Permitting
1) Planning Commission
2) Police Levy
3) Sex Offender Housing Limitations
4) Council Pay and Benefits
PUBLIC COMMENT
COUNCILMEMBER RESPONSE TO PUBLIC COMMENTS
Executive Session: Real Estate Acquistion/Union Negotiations
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: November 18, 2005
Agenda Item #: Presentation
SUBJECT: Proclamation
CONTACT PERSON: Donna Murphy
SUMMARY STATEMENT: In Recognition of Thirty Two Years of Service to the Sultan Library Board, the Mayor and City Council of the City of Sultan Proclaim December 8, 2005 as “Helen Turner Day”
FISCAL IMPACTS:
RECOMMENDATION:
COUNCIL ACTION:
Action Date:
SULTAN CITY COUNCIL
AGENDA ITEM COVER SHEET
Date: November 22, 2005
Agenda Item #: Consent C 1
SUBJECT: Council minutes
CONTACT PERSON: Laura Koenig, City Clerk/Treasurer
SUMMARY STATEMENT: Attached are the minutes of the Minutes of the November 9, 2005 Public Hearing on the 2006 Property Tax Levy and the November 9, 2005 regular Council Meeting as on file in the Office of the City Clerk.
RECOMMENDATION: Approval as submitted.
Action Date:
COUNCIL ACTION:
1695-05
CITY OF SULTAN COUNCIL MEETING – November 9, 2005
The regular meeting of the Sultan City Council was called to order in the Sultan Community Center by Mayor Tolson. Councilmembers present: Champeaux, Criswell, Boucher, Seehuus, Flower, Blair and Boyd.
Student Representative: Karstan Thot
6:45 Public Hearing – 2006 Property Tax Levy: The Public Hearing on the 2006 Property Tax Levy was opened by Mayor Tolson. All Councilmembers except Councilmember Criswell were present.
Staff Report:
Laura Koenig, Clerk/Treasurer reviewed the proposed amounts for the 2006 property tax levy and the 2006 GO Bond levy. Information on assessed values, taxes levied and amounts collected was presented. The per thousand dollar increase will be approximately $.04 per thousand.
No public comment was received.
On a motion by Councilmember Seehuus, seconded by Councilmember Blair, the public hearing was closed.
ADDITIONS TO THE AGENDA:
Discussion: Provide information on Fully Contained Communities
Staff: Add Finance Report
COMMENTS FROM THE PUBLIC
Josie Fallgatter: The minutes on the PUD moratorium do not reflect what she said regarding the number of units per acre and the Council minutes do not reflect what she said regarding the fee in lieu of park. In regards to the Comprehensive Plan docketing and the water/sewer comprehensive plan hearing, the settlement agreement requires the Council to follow the procedure in the plan. Requested that the Council follow the plan and the procedure.
Loretta Storm: The hearing on the water/sewer comprehensive plans should be removed from the agenda and the proper procedures should be followed as outlined in the plan.
COUNCILMEMBERS COMMENTS:
Flower: Congratulated the newly elected Councilmembers.
Blair: Advised that she has talked to David Wilson at Snohomish County Public Works about culvert replacement at no cost to the city. The Downtown Visioning Events committee met and discussed a tree lighting this year on December 3rd in the evening after Winterfest. Sultan Harvest needs coats or cash donations.
Boyd: Asked if we are following the process for code amendments and if not, what are we doing wrong this time?
Josie Fallgatter advised that the City agreed to certain conditions in the settlement agreement. The water and sewer plans are to be adopted this year and the City has adopted a process that provides the steps to be followed. Applications for comp plan amendments are to be received by July 1 and then set for docketing with the Planning Commission. The City must use the existing procedures.
Rick Cisar, City Planner, advised that two requests were received that will be sent to the Planning Commission. The Council needs to formalize the water and sewer plans and then they will be incorporated into the general comp plan.
Criswell: Welcomed the new council members. Advised that it has been a long six years and he is ready to leave.
1696-05
CITY OF SULTAN COUNCIL MEETING – November 9, 2005
Seehuus: Thanked the Sultan football team for an outstanding season.
Karstan Thot: Advised that the Sultan High School football team had a great season.
Blair: Asked if the water/sewer comp plan hearing should be changed? Rick Cisar advised that they will be incorporated into the comp plan. The council will make a recommendation and then the plans will be sent to the Department of Ecology for approval and after that they will go thru the public hearing process.
Mayor Tolson: Advised that a group from the City met with Aaron Reardon regarding locating a four year university in Snohomish County. Sultan is interested in being considered and they are working with Representative Pearson and the state. Would like to have citizens and groups provide pro and con comments for consideration. Locating the university in the area would be good for the economy.
STAFF REPORTS:
Police: Chief Walser noted that the football team did a great job this season and he was very impressed with the community support. The Skate Park committee is working on fund raisers and with Cadman and Pacific NW Construxion for materials and equipment.
Public Works: Connie Dunn, Public Works Director, advised that the 5th Street Project has been delayed due to the I-90 closure. Brief discussion was held regarding the parking problems on 5th Street.
Finance Report: Laura Koenig, Clerk/Treasurer, reviewed the 3rd Quarter Financial report and the positive fund balance in General Fund as of October 31, 2005. Mayor Tolson requested that the committee meet to discuss the problems and options for financial software upgrades.
CONSENT AGENDA:
The following items are incorporated into the consent and approved by a single motion of the Council. On a motion by Councilmember Seehuus, seconded by Councilmember Flower, the consent agenda was approved as presented. Champeaux – aye; Criswell – abstained; Boucher – aye, abstained on the minutes; Seehuus - aye; Flower – aye; Blair – aye, Boyd – aye.
ACTION ITEMS:
Ordinance 891-05 2006 Property Tax Levy: On a motion by Councilmember Boyd, seconded by Councilmember Blair, Ordinance 891-05, 2006 Property Tax Levy, was introduced and passed on to a second reading. All ayes except Criswell who voted nay.
1697-05
CITY OF SULTAN COUNCIL MEETING – November 9, 2005
Ordinance 894-05 2006 GO Tax Levy: On a motion by Councilmember Champeaux, seconded by Councilmember Seehuus, Ordinance 894-05, 2006 GO Tax Levy, was introduced and passed on to a second reading. All ayes.
Comprehensive Plan Amendment Applications: Rick Cisar, City Planner, reviewed the two applications received to amend the Comprehensive Plan. One request was to review the zoning designations along Highway 2 and the other was submitted by staff to review and update several sections of the plan. The estimated cost is about $35,000 and staff has applied for a grant to provide funding. Brief discussion was held regarding the cost and funding sources if grants are not available. On a motion by Councilmember Boucher, seconded by Councilmember Criswell, the Council docketed both applications for review by the Planning Commission. All ayes.
Lease Agreement with the Boys and Girls Club: The Boys and Girls Club has requested an extension of the lease for the building located at 707 1st Street to 2009. Staff has recommended a one year extension. On a motion by Councilmember Blair, seconded by Councilmember Seehuus, the lease was extended for one year. All ayes.
Ordinance 895-05 Design Review Board: The Downtown Visioning group has formed several committees to work on promotion of Sultan’s Downtown. One of the recommendations was to form a Design Review Committee to develop standards for building and designs in the Downtown Urban Center zone. It was also recommended that the committee be expanded to insure that a quorum was available to process applications in a timely manner. Ordinance 895-05 provides for the expansion of the current Design Review Board from three members to five members. On a motion by Councilmember Seehuus, seconded by Councilmember Boyd, Ordinance 895-05, Design Review Board, was adopted. All ayes except Councilmember Criswell who voted nay.
Ordinance 896-05 Extension of Cable Franchise: The current Cable Franchise Agreement has been extended three times to allow completion of the revised contract. Due to continued problems with the negotiations, an additional seven month extension is needed. On a motion by Councilmember Boyd, seconded by Councilmember Blair, Ordinance 896-05, Cable Franchise, was introduced and passed on to a second reading. All ayes.
Department of Emergency Management – Termination of Contract: The participating cities in the DEM have voted to terminate the existing contract and form a new Interlocal Agreement with Snohomish County for emergency services. It will be necessary to terminate the existing contract prior to signing a new Interlocal agreement. On a motion by Councilmember Champeaux, seconded by Councilmember Boucher, the Mayor was authorized to sign the agreement terminating the Joint Local Organization for Emergency Management. All ayes.
DISCUSSION ITEMS:
Jail Bill Update: Laura Koenig, Clerk/Treasurer, provided an update on the status on the outstanding jail bills which have been paid down to approximately $28,000. The Mayor advised that the County is still working on the documentation for the old bills. Chief Walser advised the issue of the courts not sending the long term prisoners to Okanogan has been resolved.
Animal Control: Chief Walser provided samples of proposed animal control ordinances from the City of Marysville which offers different options for licensing animals. Brief discussion was held regarding using the City of Everett to license animals, fee structure and the need to include the matter in the budget process.
1698-05
CITY OF SULTAN COUNCIL MEETING – November 9, 2005
Civil Service Contract for Services: Chief Walser advised that they need to do civil service testing as soon as possible. There currently is no valid list for any positions and they will have two vacancies soon.
Staff at the City of Monroe may be willing to assist with testing or there are testing services available.
Fully Contained Community: Councilmember Flower discussed the proposal by Snohomish County to allow fully contained communities in rural areas. There will be a major impact on infrastructure and no impact fees will be collected. There will be additional hearings on the issue on December 7, 2005. Brief discussion was held regarding the transportation impacts these types of communities have on the surrounding area. Staff was directed to help prepare a Council resolution opposing the proposal to allow fully contained communities in Snohomish County.
PUBLIC COMMENTS
Loretta Storm: Thanked the Mayor for his leadership on the college location and thanked Councilmember Flower for his letter regarding the fully contained communities.
Josie Fallgatter: In regards to the cost for the comprehensive plan amendments, should check the fee schedule to see if any of the applicants should help pay the costs. Asked if the appendixes to the comprehensive plan are a part of the plan.
COUNCIL COMMENTS
Blair: Welcomed the new council members and encouraged them to attend the newly elected officials workshop.
Boyd: Josie Fallgatter’s comments may be right but the city is trying to do things correctly.
Criswell: Announced that effective at the end of the meeting he would be resigning from the Council. He noted that he has enjoyed most of his six years on the council. Thanked everyone.
Mayor Tolson: Thanked Councilmember Criswell for his years of service.
Cheryl Byers, City Attorney advised that when a council member resigns, the council can appoint a replacement at the next meeting. If they appointed the elected person to position, they will serve a short and long term.
Executive Session: On a motion by Councilmember Blair, seconded by Councilmember Flower, the Council adjourned to executive session for ten minutes to discuss real estate acquisition. All ayes.
Adjournment: On a motion by Councilmember Criswell, seconded by Councilmember Boucher, the meeting adjourned at 9:10 PM.
Benjamin Tolson, Mayor
Laura J. Koenig, Clerk/Treasurer.
SULTAN CITY COUNCIL
AGENDA ITEM COVER SHEET
Date: November 22, 2005
Agenda Item #: Consent C 2
SUBJECT: Voucher Approval
CONTACT PERSON: Laura Koenig, Clerk/Treasurer
SUMMARY STATEMENT:
Approval of Vouchers # 05-1169 through #05-1252 in the amounts of $289,709.30 and payrolls through November 4, 2005 in the amount of $78,389.40 to be drawn and paid on the proper accounts.
FISCAL IMPACTS:
Expenditure Required: $368,098.70
RECOMMENDATION: Recommend approval as submitted.
COUNCIL ACTION:
Action Date:
SULTAN CITY COUNCIL
AGENDA ITEM COVER SHEET
Date: November 22, 2005
Agenda Item #: Consent C 3
SUBJECT: Voucher Approval
CONTACT PERSON: Laura Koenig, Clerk/Treasurer
SUMMARY STATEMENT:
The vouchers submitted on November 9, 2005 included the final payment on the garbage truck compactor. There was a change order issued which reduced the cost. The correct bill is included in the November 22, 2005 voucher approval.
Approval of Vouchers # 05-1130 through #05-1168 in the amounts of $101,895.82 and payrolls through October 21, 2005 in the amount of $55,348.17 to be drawn and paid on the proper accounts.
FISCAL IMPACTS:
Expenditure Required: $157,243.99
RECOMMENDATION: Recommend approval as amended.
COUNCIL ACTION:
Action Date:
SULTAN CITY COUNCIL
AGENDA ITEM COVER SHEET
ITEM NO: Action A 1
DATE: November 22, 2005
SUBJECT: Ordinance 891-05 2006 Propery Tax Levy
CONTACT PERSON: Laura Koenig, Clerk/Treasurer
SUMMARY: On November 9, 2005 a public hearing was held on the 2006 Property Tax levy and Ordinance 891-05 was introduced for a first reading. This is the second reading to set the property tax levy for the 2006 fiscal year.
FISCAL IMPACT: Provides funding for General and Street Funds
RECOMMENDED Adoption of Ordinance 891-05.
ACTION:
COUNCIL ACTION:
DATE:
CITY OF SULTAN
SULTAN WASHINGTON
ORDINANCE 891-05
AN ORDINANCE OF THE CITY OF SULTAN FIXING THE AMOUNT
OF TAXES TO BE LEVIED ON TAXABLE PROPERTY WITHIN THE
CITY OF SULTAN FOR THE YEAR 2006
WHEREAS, the City of Sultan has met and considered its budget for the calendar year 2006; and
WHEREAS, the City Council of the City of Sultan after hearing and after duly considering all relevant evidence and testimony presented, determined that the City of Sultan requires a regular levy in the amount of $599,441, which includes an increase in property tax revenue from the previous year, and amounts resulting from the addition of new construction and improvements to property and any increase in the value of state-assessed property, and amounts authorized by law as a result of any annexations that have occurred and refunds made, in order to discharge the expected expenses and obligations of the district and in its best interest; not therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SULTAN that an increase in the regular property tax levy is hereby authorized for the 2006 levy in amount of $5,704 which is a percentage increase of 1% from the previous year. This increase is exclusive of additional revenue resulting from the addition of new construction and improvements to property and any increase in the value of state assessed property, and any additional amounts resulting from any annexations that have occurred and refunds made.
Severability: If any provisions of this ordinance or its application to any person or circumstance are held invalid, the remainder of the ordinance or applications of the provisions of the ordinance to other person or circumstances is not affected.
Effective Date: This ordinance shall be in full force and effect five days after publication as required by law.
REGULARLY ADOPTED this day of 22nd day of November, 2005
Ben Tolson, Mayor
Attest:
Laura J. Koenig, City Clerk/Treasurer
Approved as to form:
Thom Graafstra, City Attorney
Published:
SULTAN CITY COUNCIL
AGENDA ITEM COVER SHEET
ITEM NO: Action A 2
DATE: November 22, 2005
SUBJECT: Ordinance 894-05 2006 Police Tax Levy
CONTACT PERSON: Laura Koenig, Clerk/Treasurer
SUMMARY: On November 9, 2005 a public hearing was held on the 2006 Police Tax levy and Ordinance 894-05 was introduced for a first reading. This is the second reading to set the special police tax levy for the 2006 fiscal year.
FISCAL IMPACT: Provides funding for payment of the Police Bonds
RECOMMENDED Adoption of Ordinance 894 -05.
ACTION:
COUNCIL ACTION:
DATE:
CITY OF SULTAN
SULTAN WASHINGTON
ORDINANCE 894-05
AN ORDINANCE OF THE CITY OF SULTAN FIXING THE AMOUNT
OF TAXES TO BE LEVIED FOR THE GENERAL OBLIGATION BONDS
AS APPROVED BY THE VOTERS ON TAXABLE PROPERTY WITHIN THE
CITY OF SULTAN FOR THE YEAR 2006
WHEREAS, Proposition No. 1 Emergency Radio System and Health and Safety Bonds was approved by the voters on September 14, 2004, and
WHEREAS, that election allowed bonds to be issued and a regular property tax to be levied each year for a maximum term of 20 years, and
WHEREAS, the bonds have been issued and taxes need to be collected, now therefore
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SULTAN that Snohomish
County tax the City’s taxpayers for the year 2006 for a total of Thirty one thousand eight hundred six three dollars and 00/100 ($31,863.00) so as to cause collection of these funds to cover the cost of the required bond debt service payments.
Effective Date: This ordinance shall be in full force and effect five days after publication as required by law.
REGULARLY ADOPTED this day of 22nd day of November 2005.
Ben Tolson, Mayor
Attest:
Laura J. Koenig, City Clerk/Treasurer
Approved as to form:
Thom Graafstra, City Attorney
Published:
SULTAN CITY COUNCIL
AGENDA ITEM COVER SHEET
ITEM NO: Action Item A-3
DATE: November 22, 2005
SUBJECT: Ordinance Number 896-05 Extension of Cable TV Franchise
CONTACT PERSON: Rick Cisar, City Administrator
SUMMARY: City Council on November 9, 2005 introduced Ordinance 896-05 on First Reading and passed it on to Second Reading for Adoption.
PREVIOUS SUMMARY: The current cable television franchise between Tele-Vue
Systems, Inc. and the City of Sultan, expired on August 8, 2004. This franchise was for a 15-year term which began on May 1, 1988 and was extended to August 8, 2004 in 1999. The Franchise was again extended to November 11, 2004, to May 12, 2005 and most recently to November 10, 2005.
In light of the expiration of our most recent franchise extension, City Staff based on the technical nature, legal aspects, and a change in Consultants, again find it necessary to extend the Franchise an additional seven (7) months to June 10, 2006. Hopefully, this will provide sufficent time to complete the negotiations for a new Franchise. Our partners in the East County Cable Consortium which include Snohomish, Monroe, Lake Stevens, and Sultan will be considering similar Franchise Extension Ordinances.
FISCAL IMPACT: Request an additional $2,500.00 in the 2006 Budget to
complete the Franchise Renewal Process.
RECOMMENDED Adoption of Ordinance Number 896-05.
ACTION:
_____________________________________________________________________
COUNCIL ACTION:
DATE:
C I T Y O F S U L T A N
Sultan, Washington
ORDINANCE NO. 896-05
AN ORDINANCE OF THE CITY OF SULTAN, WASHINGTON EXTENDING THE CITY'S CURRENT CABLE FRANCHISE BY AMENDING SMC SECTION 5.28.020(D) TO ESTABLISH A NEW TERMINATION DATE AND BY AUTHORIZING THE MAYOR TO EXECUTE AN ACKNOWLEDGEMENT OF EXTENSION OF CABLE FRANCHISE.
WHEREAS, the City of Sultan conferred a Franchise on Tele-Vue Systems, Inc. by Ordinance No. 502 (the "Franchise"); and
WHEREAS, the Franchise expires by its own terms on August 8, 2004; and
WHEREAS, the term of the Franchise was extended by an Acknowledgement of Extension and Ordinance No. 859-04 to November, 11, 2004; and
WHEREAS, the term of the Franchise was extended further by an Acknowledgement of Extension and Ordinance No. 866-04 to May 12, 2005; and
WHEREAS, the term of the Franchise was extended further by an Acknowledgement of Extension and Ordinance No. 878-05 to November 10, 2005:
WHEREAS, the City of Sultan in conjunction with the other cities issued a Request for Proposals for a new franchise; and
WHEREAS, the response to the Request was rejected as non-responsive, and continued negotiation is expected;
NOW, THEREFORE, to provide continued service to the residents of the City and to provide an opportunity to secure a responsive proposal, it is hereby ordained by the City Council of the City of Sultan, Washington as follows:
Section 1. The Mayor of the City of Sultan is hereby authorized to execute that certain Acknowledgement of Extension of Franchise attached to this Ordinance as Attachment A.
Section 2. Sultan Municipal Code Section 5.28.020 D is amended to read as follows:
5.28.020 D Term
This franchise or renewal and all rights, privileges, obligations and regulations pertaining thereto shall commence on the effective date of Ordinance No. 896-05 and shall expire on June 10, 2006. Notwithstanding 5.28.360 relating to franchise renewal, negotiations for renewal of the franchise agreement shall commence in the year 2001.
Section 3. Should any provision of this Ordinance be declared unlawful, the remaining portions of this Ordinance shall remain fully lawful and in effect.
Section 4. This Ordinance shall become effective five days after publication as required by law.
PASSED by the City Council and APPROVED by the Mayor this 22nd day of November, 2005.
By____________________________
BEN TOLSON, Mayor
SULTAN CITY COUNCIL
AGENDA ITEM COVER SHEET
ITEM NO: Action A- 4
DATE: November 22, 2005
SUBJECT: Appointments to the Design Review Board
CONTACT PERSON: Ben Tolson, Mayor
SUMMARY: On November 9, 2005 City Council adopted Ordinance Number 895-05 which expanded the membership of the Desgn Review Board to include a member with expertise in Art and a Downtown Business Owner as a Chamber of Commerece Representative.
The Downtown Sultan Vision 2020 Committee, as I noted at that meeting, has recommended the Mayor consider appointing and City Council consider confirming Dr. Brian Copple of the Sultan Chiropractic Center and Mr. David Hose the Vistor Information Center Muralist to fill the two new positions on the Board.
The term on the board is for four (4) years. The current board members who were reappointed in June of 2004 are:
Mr. Andy Kovach Architect
Mr. Harland McElhany PE
Mr. Kevin Teaque Landscape Architect
FISCAL IMPACT: None
RECOMMENDED Confirm by individual motions the appointment
ACTION: of Dr. Brian Copple and Mr. David Hose to the Design
Review board for a 4 year term.
_______________________________________________________________
COUNCIL ACTION:
DATE:
SULTAN CITY COUNCIL
AGENDA ITEM COVER SHEET
ITEM NO: A -5
DATE: November 22, 2005
SUBJECT: City of Sultan
Water System Plan, July, 2005
Ordinance 898-05
CONTACT PERSON: Public Works Director Dunn
City Attorney Thom Graafstra
SUMMARY: In July, 2002, Berryman & Henigar submitted the first draft of the Water System Comprehensive Plan.
In October/November 2004, the City completed the rate study and adopted it in November, 2004. This became the financial chapter of this Comp Plan. Berryman & Henigar finished collecting data and writing the plan.
The City of Sultan held a Council/Planning Commission Workshop on October 6, 2005.
A Public Hearing was held during the November 22, 2005 Council meeting to take public input on the Water Comprehensive Plan.
FISCAL IMPACT: The Water System Plan benefits the City in planning for the City and funding opportunities in the future.
RECOMMENDED
ACTION: Introduction of Ordinance 898-05 for a first reading and pass it on to second reading at the December 14, 2005 meeting.
COUNCIL ACTION:
C I T Y O F S U L T A N
Sultan, Washington
ORDIDNANCE NO. 898-05
AN ODINANCE OF THE CITY OF SULTAN, WASHINGTON APPROVING AND ADOPTING FOR SUBMITTAL TO THE DEPARTMENT OF HEALTH A WATER SYSTEM PLAN FOR THE CITY OF SULTAN
RECITALS
WHEREAS, the City of Sultan operates a water system and is a purveyor of water;
WHEREAS, Chapter 246-290 WAC, adopted in part pursuant to the authority of Chapter 43.20 RCW, requires to a purveyor’s water system plan every six years;
WHEREAS, the City’s existing water system plan was outdated;
WHEREAS, the City updated its Comprehensive plan and preparation of the new Comprehensive plan provided a basis to project future water demand;
WHEREAS, modeling and studies were done and it was determined that anticipated growth would exceed the City’s capacity to supply water from Lake 16;
WHEREAS, the City negotiated a Water Supply Agreement with the City of Everett;
WHEREAS, pursuant to the Water Supply Agreement plans were prepared, property rights were acquired and construction of a connection to the City of Everett system was completed in 2004;
WHEREAS, a draft water system plan was completed in December, 2004;
WHEREAS, questions developed concerning the existing rate and charge structure;
WHEREAS, Katy Isaksen was retained by the City to perform and analysis of rates and charges for the City’s water utility;
WHEREAS, a series of public meeting and workshops were conducting in late 2004;
WHEREAS, the City Council in late 2004 adopted increased water facility charges and a system of annual increases in the monthly water rates effective December 1, 2004;
WHEREAS, revisions were made in the draft water system plan to tailor the capital improvement program to fiscal conditions the City could afford;
WHEREAS, a SEPA checklist for the revised draft water system plan was prepared, a determination of nonsignificance was made, no comments were received, and not appeal of the determination was taken;
WHEREAS, the Water System plan was completed with the revisions and was then presented to a joint public workshop of the City Council and the Planning Commission on October 6, 2005;
Now, therefore, it is ordained by the City Council of the City of Sultan as follows:
Section 1. The City Council makes and adopts as its findings of fact those findings of fact set out in the “Recitals” portion of this Ordinance above.
Section 2. The City Council approves and adopts for submittal to the Department of Health that certain Water System Plan attached to this Ordinance. City staff and/or the City’s Consultants are directed to forward the Water System Plan to the Department of Health.
Section 3. In the event there is any inconsistency between the Water System Plan as accepted and approved by the Department of Health and the utility element of he City’s Comprehensive plan, the City shall undertake a public participation process and update the utility element of its comprehensive plan to be consistent wit the Water System Plan as accepted and approved by the Department of Health.
PASSED by the City Council and APPROVED by the Mayor this _____ day of __________, 2005.
CITY OF SULTAN
By____________________________
BEN 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: A -6
DATE: November 22, 2005
SUBJECT: City of Sultan
General Sewer Plan, July, 2005
Ordinance 897-05
CONTACT PERSON: Public Works Director Dunn
City Attorney Thom Graafstra
SUMMARY: In 2003 Berryman & Henigar submitted the first draft of the General Sewer Comprehensive Plan.
In October/November 2004 the City completed the rate study and adopted it in November, 2004. This completed the financial chapter of this Comp Plan. Berryman & Henigar finished collecting data and writing the plan.
The City of Sultan held a Council/Planning Commission Workshop on October 6, 2005.
A Public Hearing was held during the November 22, 2005 Council to take public input on the General Sewer Comprehensive Plan.
FISCAL IMPACT: The General Sewer Plan benefits the City in planning for the City and funding opportunities in the future.
RECOMMENDED
ACTION: Introduce Ordinance 897-05 for a first reading and pass it on to second reading at the December 14, 2005 meeting.
COUNCIL ACTION:
C I T Y O F S U L T A N
Sultan, Washington
ORDINANCE NO. 897-05
AN ORDINANCE OF THE CITY OF SULTAN, WASHINGTON APPROVING AND ADOPTING FOR SUBMITTAL TO THE DEPARTMENT OF ECOLOGY A GENERAL SEWER PLAN FOR THE CITY OF SULTAN
RECITALS
WHEREAS, the City of Sultan operates a wastewater treatment plant with an NPDES permit issued by the Department of Ecology;
WHEREAS, the NPDES permit requires that when flow or load reaches 85% of permitted capacity for three consecutive months, or is projected to reach capacity within five (5) years then the City must begin planning for how treatment capacity will be maintained;
WHEREAS, the City of Sultan was concerned about whether adequate treatment capacity remained;
WHEREAS, certain monitoring efforts were undertaken;
WHEREAS, certain inflow and infiltration projects were undertaken, including the reconstruction of the First Street sewer main;
WHEREAS, data was received and drafting of a general sewer plan began to comply with the requirements of RCW 90.48.110 and WAC 173-240-050;
WHEREAS, Katy Isaksen was retained to conduct a study of sewer rates and charges;
WHEREAS, a series of public meetings and workshops occurred in late 2004;
WHEREAS, effective December 1, 2004 the City Council adopted increased Sewer Facility Charges and a system of annual increases in the monthly sewer rate;
WHEREAS, revisions were made to the general sewer plan being drafted to tailor the capital improvement program to the anticipated revenues to be produced by the sewer facility charges and rates;
WHEREAS, a SEPA Checklist was prepared for the draft general sewer plan and a SEPA determination of no significant impact was issued, and no comments or appeal were made or taken;
WHEREAS, the draft general sewer plan was finalized without revision and presented to a joint public workshop of the City Council and Planning Commission on October 6, 2005;
WHEREAS, the City Council finds that the general sewer plan attached to this Ordinance complies with the requirements of Chapter 35,67 RCW, complies with the requirements of Chapter 90.48 RCW and Chapter 173-240 WAC, and is in the best interests of the City;
Now, therefore, it is ordained by the City Council of the City of Sultan as follows:
Section 1. The City Council makes and adopts as its findings of fact those findings of fact set out in the “Recitals” portion of this Ordinance above.
Section 2. The City Council approves and adopts for submittal to the Department of Ecology that certain General Sewer Plan attached to this Ordinance. City staff and/or the City’s Consultants are directed to forward the General Sewer Plan to the Department of Ecology.
Section 3. In the event there is any inconsistency between the General Sewer Plan as accepted and approved by the Department of Ecology and the utility element of the City’s Comprehensive plan, the City shall undertake a public participation process and update the utility element of its comprehensive plan to be consistent with the General Sewer Plan as accepted and approved by the Department of Ecology.
PASSED by the City Council and APPROVED by the Mayor this _____ day of __________, 2005.
CITY OF SULTAN
By____________________________
BEN 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-7
DATE: November 22, 2005
SUBJECT: Approval of Resolution Number 05-29 identifying concerns of Snohomish County proposed regulations for Fully Contained Communities (FCC).
CONTACT PERSON: Councilman Jim Flower
SUMMARY: Staff has prepared Resolution Number 05-29 in response to the City Council’s discussion at the November 9, 2005 meeting. The Resolution addresses the issues and concerns that were identified at that meeting.
FISCAL IMPACT: Staff time in preparing and processing the Resolution.
RECOMMENDED Adoption of Resolution Number 05-29 identifying the City
ACTION: Council’s concerns with Snohomish County’s proposed regulations for Fully Contained Communities.
_____________________________________________________________________
COUNCIL ACTION:
DATE:
CITY OF SULTAN
RESOLUTION 05-29
A RESOLUTION BY THE SULTAN CITY COUNCIL EXPRESSING THEIR CONCERNS OF SNOHOMISH COUNTY ORDINANCE NO. 05-101 AND AMENDMENTS THERETO WHICH PROVIDE FOR DEVELOPMENT REGULATIONS FOR SITING AND PROCESSING APPLICATIONS FOR FULLY CONTAINED COMMUNITES (FCC) CONSISTENT WITH THE ADOPTED SNOHOMISH COUNTY COMPREHENSIVE PLAN
Whereas, the Snohomish County Planning Commission forwarded a recommendation to the County Council recommending approval of Ordinance No. 05-101 with certain revisions which provides development regulations for the siting and processing applications for Fully Contained Communities (FCC); and
WHEREAS, the Sultan City Council has reviewed Ordinance No. 05-101 including the recommendation and revisions of the Snohomish County Planning Commission; and
WHEREAS, the City Council is concerned the ordinance and amendments do not adequately address the transportation impacts of an FCC on local and regional roadways necessary to the serve a FCC; and
WHEREAS, the City Council is therefore concerned an FCC located near the Sultan and Goldbar Urban Growth Areas will have a devastating affect on our local traffic system and subsequently reduce the level of service (LOS) well below acceptable levels; and
WHEREAS, the City Council further finds the location criteria described in the ordinance should be further defined to insure the viability, identities and boundaries of neighboring UGA’s are protected and maintained; and