COUNCIL
MEETINGS: Audio and Summary - December
14, 2005
(Agenda
Packet for this meeting in Word, Acrobat and html and MINUTES
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PLEDGE OF ALLEGIANCE, ROLL CALL (Dusty Boucher absent again; Champeaux excused himself during hearing before the council meeting began), CHANGES TO AGENDA (Audio File A, 3:30 Min., 0.7 mb)
PUBLIC COMMENT:
- Loretta Storm (File B-1, 2:58 min., 0.5 mb) re Bart Dalmasso's comments on GMA/San Jose in his resignation from the Plng. Commission)
- Bart Dalmasso (File B-2, 4:31 min., 0.8 mb) - Another entreaty to disband Sultan's PC; argued that the city would save so much more money without one.
- Jeff Kirkman (File B-3, 1:46 min.,0.3 mb); Mayor gaveled down Kirkman's beginning statement; Kirkman urged that the city follow the law; stated city has broken troth with the legal agreement it made to settle Fallgatter/Kirkman's appeal with GMA.
COUNCILMEMBER & COMMENTS FROM MAYOR (Audio File C, 6:31 min., 1.1 mb)
- Kristina Blair: Thanked the public citizens for their comments; summarized succesful VIC-tree-lighting ceremony
- Jim Flower: Thanks expressed to city staff for attending/testifying at the Dec. 7th County Council hearing re FCCs and to Mayor Tolson for pointing out discrepancies in its UGA as being received by co. council; thanked L. Storm for attending and reading U. S. 2 Safety Coalition's Resolution on FCCs during that hearing; gave summary of conference call he held with WSDOT personnel re ongoing issues of business signs within the U. S. 2 right-of-way through Sultan; thanks to Bart Dalmasso for his service to community; thanks to U. S. military/troops in Iraq, expressed enthusiasm for that country's free election.
- John Seehuus: Thanks to citizens for attending.
- Ron Weidiger: Thanks to public for attending; thanks to Bart D.
- Kartsten Thot (Student Council Rep): Urged intelligent and non-emotional exchange of thoughts and ideas to achieve a more positive result.
- Mayor Tolson: No Comments
STAFF REPORTS:
- Fred Walser, Sultan Police Dept Report (File D, 0:42 min., 0.1 mb) - Noted it was the last day of many years of service for Sgt. Shelton; police staff recognized this and gave him a farewell.
- Connie Dunn, Public Works (File E, 1:40 min., 0.3 mb) - Update on 5th Street signal, Sultan Basin Road (conservative time estimate for completion of SBR improvements is Aug. 1, 2006)
- Donna Murphy, Grants, Ec. Development, School, etc. (File F, 3:56 min., 0.7 mb) - City Received $250,000 grant and a $4,000'ish grant to place city minutes dating back to 1905 on microfiche; displayed the front page of a Monroe Monitor which was given over totally to the VIC dedication.
- Laura
Koenig, Finance Report (File
G, 2:23 min., 0.4 mb) - Gave detail on interfund loan, briefly explained
BARS system, city will establish an investment committee.
CONSENT AGENDA APPROVAL (File H, 0:33 min.)
ACTION AGENDA ITEMS
- Ord. 898-05 - Water Comprehensive Plan, 2nd reading - All ayes except K. Blair, who explained her reasons for voting against, related to consistency with comprehensive plan (Audio File I, 6:01 min., 1.1 mb)
- Ord. 897-05 Sewer Comprehensive Plan, 2nd reading - All ayes except for K. Blair (see note above) (Audio File #J, 1:13 min., 0.2 mb)
- Ord. 893-05 Staff Salary Schedule - 2.3% CPI increase factored in; all ayes. Derek Boyd-generated discussion on the need to attempt finalization of union negotiations BEFORE the budget process is finalized. (Audio File #K, 9:23 min., 1.7 mb)
- Resolution 05-31 Interfund Loan - Laura Koenig "explains" confusion on the repayment schedule; Kristina Blair requests a change to clarify the interest rate verbiage, interest rate will be added to the Promissory note (per Thom Graafstra advice), all ayes. (Audio File L, 2:03 min., 0.4 mb)
- Ord. 888-05 2005 Budget Amendments - Koenig summarized final amendments; mentioned city was still paying wetland restoration on LID 97-1; states $53, 000 expended to "buy out" two departing police officers. (Audio File M, 4:51 min., 0.9 mb)
- Sewer Plan Selection of Engineer - Connie Dunn summarized recently activities, i.e., interviews were held with the final two consultants; approval by council to allow staff to negotiate contract (approx. $150,000) with Brown & Caldwell. Kristina Blair requested (& received) confirmation that the City will retain the right to select an outside source/contractor for facility improvements. All ayes. (Audio File N, 5:40 min.,1.0 mb)
- Financial Software System - Koenig/Tolson/Graaftras report to council on cancellation of Harris contract, due to non-delivery of system. New financial system supplier will be Springbrook at approx. three payments in 2006 of $20,000 each. (City of Monroe has this system and have agreed to assist the City of Sultan with training and other issues, when needed.) No vote taken or necessary; item should have been placed on Discussion Agenda rather than Action. (Audio File O, 5:11 min., 0.9 mb)
- Authorization for Fred Walser to Negotiation sale of surplus equipment (Sale of car, dog and other items related to Sultan's drug enforcement); all ayes. (Audio File P, 3:43 min., 0.7 mb)
- Ord. 892-05 2006 Budget, 1st reading - More discussion on the SPD-requested copier (Audio file Q, 11:07 min., 2.0 mb)
DISCUSSION (no items)
PUBLIC COMMENTS
(Audio File R, 5:00 min., 1.0 mb):
- Josie Fallgatter - Statement related to how ironic and confusing are the city's actions related to renaming Sultan's Water and Sewer Comprehensive Plans; requested answer to previous-meeting's question (when Graafstra was absent) on whether or not appendices are part of the comprehensive plan (Graafstra offers that the sewer/water plans are simply "additional information" to the comp plan, which, apparently, do not require any consistency with the CP.
- Loretta Storm - Thanked Kristina Blair and Derek Boyd for their diligence re budgte issues and water/sewer plan consistency issues
(Audio File S, 3:05 min., 0.5 mb):
- Tom Green - Police should use their vacation time/money or lose it.
- Jeff Kirkman - Apologized (again) for his previous inappropriate opening remarks; statement regarding inconsistency with the City's sewer/water plans with its comp plan.
- Ray George - Sarcastic remark related to the oft-stated cricism that Josie Fallgatter repeatedly asks the same questions* (Transcription: "I'd just like to thank the attorney for giving the same answer to the same question we had the last time here at Planning Commission.")
**Note: I have been to countless Planning Commission meetings, hearings and workshops, and 99% of all council meetings, hearings and workshops, and can state with certainty that Josie Fallgatter repeatedly asks the same conceptual questions becuase the answers she invariably receives (mostly from Rick Cisar) are either falsehoods, unclear or inconsistent related to mandated state laws or city codes, or just flat-out wrong. Moreover, her track record in being proven correct in the advice she gives to the Commission and/or the City Council, especially related to the GMA, should qualify her as an expert consultant at this point.
Mrs. Fallgatter is an unpaid volunteer who has spent unimaginable portions of her life working to raise the the level of professionalism of the City of Sultan and its future planning, to improve the financial viability of the city, as well as helping to secure its future quality of life. Unlike Bart Dalmasso, Janie Botting, Tom Green and Ray George, Mrs. Fallgatter has neither a financial agenda in serving the city as an unpaid volunteer, nor has she ever received any financial benefit from that service. Planning Commisison Chairman George: Your sarcasm is not only inappropriate and unbecoming a still-sitting Chairman of the Planning Commission, but mean-spirited. Mrs. Fallgatter couldn't be more undeserving of such derision.
- Liz Kirkman - Asks council to remember that government of checks and balances. If the city dissolves the PC, they will still need to find some way of ensuring that that basic government principle is achieved.
COUNCILMEMBER COMMENTS on Public Comments (File T, 5:54 min, mb)(Audio File R, 5:00 min., 1.0 mb)
Councilmembers Blair and Weidiger thanked public for coming; Ron Weidiger also stated (in relation to Jeff Kirkman's remarks about the council not following the law) that everyone serving on the council cares deeply about the city; Boyd responds to Storm's statement/question as to how much money was lost in sewer connection fees paid early, before the increase due to the lack of adequate connection hook-up procedure/process; Kartsen Thot asked how he could become more familiar with the City's comprehensive plan. (Tolson said he could obtain a copy from the city.)
Meeting adjorned at 8:48 PM
The public hearing on the Jones Street Vacation request was called to order in the Sultan Community Center by Mayor Tolson. Councilmembers present: Champeaux, Wiediger, Seehuus, Flower, Blair and Boyd. Absent: Boucher. There were no objections to the Councilmembers participation in the hearing.
Staff
Reports:
Rick Cisar provided the following staff report:
Herb and Peggy Jones have requested the City vacate 30 feet of the Dyer
Road Right of Way adjacent to their property located at 802 Dyer Road
(Lot No. 2, Dyer Addition). Mr. and Mrs. Jones would like to construct
a two bedroom home on the property. However, due to the floodway regulations
and required setbacks the Jones's cannot build on their lot. The initial
development plans for the subject property by the Jones's began in June
of 1996 and stopped in August of 1998.
Further activity on the property was on hold until August 29, 2002 when
Mr. Jones submitted a letter offering to donate the property to the City.
On November 20, 2002 after conducting a Public Meeting to consider the
donation, the City Council, by Motion, accepted the property with the
Condition it remains as open space. It was noted at this Public Meeting
the City paid ($335.73) for a Title Report on the property in consideration
of the pending donation. Following City Council Action, Mr. Jones was
contacted regarding the property dedication. No response to Staff's inquires
was received until July 7, 2003 when the City received a letter from Mr.
Jones requesting additional information on the development of the property.
This information was provided by the Building Official during a telephone
response to Mr. Jone's letter.
On July 13, 2005, the City received the petition to vacate the right of
way which is under consideration by the City Council this evening. The
City Council, as previously advised, may require compensation (up to 100%
of value) in granting street vacations, but is not required to secure
compensation.
Discussion was held regarding relocating the road to the north, issues
with access, encroachment on the railroad right of way and the value of
the vacated street. The possibility of a variance to build a house on
the existing property was discussed.
For the record, it was noted that the meeting was notice as required in
the newspaper, and the applicant posted the property and mailed notice
to the adjoining property owners.
Diana Kirchheim, attorney for the applicants, advised that the Jone's would like to build a modest two bedroom house to make use of their property. The option of a variance was not something they were aware of and may be considered. Thirty feet access would be adequate for the two adjoining property owners and it is not likely that street improvements would be needed.
Herb Jones: they bought the property ten years ago and have had several discussions with the city inspector and staff members about building a home. Would like to use the property.
Further discussion was held on the option of a variance and the process required. Diana Kirchheim requested that the Council table the street vacation request to allow the applicants time to explore the option of a variance.
Public
Input:
A letter was received from Robert Ostrom regarding the vacation.
Mark Willett - 800 Dyer Road: Lives just to the west of the Jone's property and he feels they should be able to build a house on the property. The garbage truck uses a small turn around now and there may be issues with utility easements if the road is moved. Most houses in Dyer Addition are in the flood plain not in the floodway. They would be the only property impacted by the road relocation and do not have a problem with limited access.
Loretta Storm: Urged the Council to use caution when realigning roads for one property as it may cause problems in the future. There will not be a lot of vehicles through that area but there is development on the east end of Dyer. If they can build on the property is no taking issue.
On a motion by Councilmember Seehuus, seconded by Councilmember Boyd, the public hearing was closed. All ayes.
CITY OF SULTAN PUBLIC HEARING: 2006 PROPOSED BUDGET
The public hearing on the 2006 Budget was called to order in the Sultan Community Center by Mayor Tolson. Councilmembers present: Champeaux, Wiediger, Seehuus, Flower, Blair and Boyd. Absent: Boucher
Staff
Reports:
Laura Koenig, Clerk/Treasurer, presented an overall review of the 2006
Budget. All funds will have a reserve balance based on the reduce expenditures
requested by the Mayor.
Caroline
Pepperell, Police Administrative Assistant, discussed the need to replace
the copy machine in the Police Department. The machine they are looking
at would provide copy, fax and printing service. The cost of printer cartridges
and fax paper would be saved and they would use money budget towards capital
equipment to make the lease payments. They have a demo machine in the
office now.
Discussion was held regarding the $21,000 cost for the lease and option
of looking at other machines that cost less. Councilmember Blair advised
that information regarding a copier with better features that cost $14,000
was e-mailed to the Mayor and Police Department.
Further discussion was held regarding whether the item was included in
the budget and if not, how it would be funded.
Public
Input:
None
On a motion by Councilmember Seehuus, seconded by Councilmember Wiediger,
the public hearing was closed. All ayes.
CITY OF SULTAN COUNCIL MEETING - December 14, 2005
The regular meeting of the Sultan City Council was called to order in
the Sultan Community Center by Mayor Tolson. Councilmembers present: Wiediger,
Seehuus, Flower, Blair and Boyd. Absent: Boucher and Champeaux. Student
Representative: Karstan Thot.
CHANGES/ADDITIONS
TO THE AGENDA:
Discussion: Removed street vacation request
Action: Move Ordinance 892-05 to the end of the agenda, remove copy machine
contract.
Consent: Add excused absence of Councilmember Champeaux.
COMMENTS
FROM THE PUBLIC
Loretta Storm: During the Planning Commission meeting Bart Dalmasso resigned
and in his statement he criticized the growth management act and compared
Sultan to San Jose. San Jose did well with growth management and if Sultan
had been following the RCW's they would be facing a financial crisis.
[G.R.I.T. CORRECTION: A key word was inadvertently omitted from these
minutes. The last sentence should have read: "San Jose did well wiht
growth management and if Sultan had been following the RCW's they would
NOT be facing a financial crisis."]
Bart Dalmasso: Resigned from the Planning Commission and does not feel that Sultan needs a Planning Commission. Two members of the Planning Commission have cost the city $20,000 with appeals. Would like the Council to disband the Planning Commission as they no longer have a quorum. The City would save cost by holding only one hearing instead of the two that are held now.
Jeff Kirkman:
Is one of the remaining Planning Commissioners and also one who has brought
action against the city, however, he has a right to do so. Sultan is a
GMA city and the city needs to follow the law and plan under GMA. There
is an action item to adopt a water and sewer plan and the Council has
advised that there is false information in the plans. The Council has
also broken the settlement agreement with Kirkman and Fallgatter. If the
City had followed the law they would not be in the mess they are today.
COUNCILMEMBERS COMMENTS:
Blair: Thanked the public for their comments. Advised that the tree lighting
was a great success.
Flower: Thanked the Mayor and staff for attending the County Hearing on the GMA and FCC's. A discussion was held again with the Department of Transportation regarding the signs along Highway 2 and for the time, they will allow the sandwich boards to stay. Thanked Mr. Dalmasso for his work on the Planning Commission and his efforts to keep Bank of America in the community.
Karstan Thot: Advised that the ASB will be meeting with the School District's finance director to become more of a governing body for the students. Noted that it is hard to sympathize with either party in a disagreement when they sink to low levels.
STAFF
REPORTS:
Police Department: Chief Walser advised that Sergeant Jeff Shelton's resignation
was effective today.
Public Works: Connie Dunn advised that the railroad is working on the 5th street signal and hope to have it operational within next two weeks. The Sultan Basin road project will go to bid on January 6, 2006 with a bid opening on January 24, 2006.
Grants: Donna
Murphy advised that the City has received records management grants that
will provide for the transfer of all minutes, ordinances and resolutions
on to CD.
Finance Department: Laura Koenig, Clerk/Treasurer, discussed the draft Investment Policy and recommended that the Council adopt the policy.
CONSENT
AGENDA:
The following items are incorporated into the consent and approved by
a single motion of the Council. On a motion by Councilmember Boyd, seconded
by Councilmember Seehuus, the consent agenda was approved as presented.
Wiediger - aye; Seehuus - aye; Flower - aye; Blair - aye, Boyd - aye.
1. Minutes of the November 22, 2005 Public Hearing on the 2006 Budget
2. Minutes of the November 22, 2005 Council meeting as on file in the
Office of the City Clerk.
3. Vouchers #05-1253 through 05-1328 in the amounts of $173,227.37 and
payroll through November 18, 2005 in the amount of $65,529.28 to be drawn
and paid on the proper accounts.
4. Authorization for the Mayor to sign the retainer agreement with Weed,
Graafstra and Benson for
the 2006 fiscal year.
5. Set a public hearing for January 25, 2006 on the Surface Water Quality
Management Plan.
6. Excused absence of Councilmember Champeaux from the December 14, 2005
council meeting.
ACTION
ITEMS:
Ordinance 898-05 Water System Plan: Ordinance 898-05 adopting the Water
System Plan was introduced for a first reading on November 22, 2005. Councilmember
Blair advised there was a need for all the plans to be consistent and
that payments were made to consultants that may not have been necessary.
On a motion by Councilmember Boyd, seconded by Councilmember Flower, Ordinance
898-05, Water System Plan, was adopted. All ayes, except Councilmember
Blair who voted nay.
Ordinance 897-05 General Sewer Plan: Ordinance 897-05 adopting the General Sewer Plan was introduced for a first reading on November 22, 2005. On a motion by Councilmember Flower, seconded by Councilmember Boyd, Ordinance 897-05, General Sewer Plan, was adopted. All ayes, except Councilmember Blair who voted nay.
Ordinance 893-05 2006 Salary Schedule: Laura Koenig reviewed the ordinance and the RCW requirement for adoption. Brief discussion was held regarding concerns that a budget should be passed prior to setting salaries. On a motion by Councilmember Blair, seconded by Councilmember Seehuus, Ordinance 893-05, 2006 Salary Schedule, was introduced and passed on to a second reading. All ayes.
Resolution 05-31 Interfund Loan: Laura Koenig, Clerk/Treasurer, reviewed the revised resolution for the interfund loan from the CR Utility fund to the General Fund. The resolution provides for a monthly payment of $3500 to repay the loan. On a motion by Councilmember Seehuus, seconded by Councilmember Flower, Resolution 05-31 was adopted. All ayes.
Ordinance
888-05 2005 Budget Amendment: Laura Koenig, Clerk/Treasurer, reviewed
the revisions to the 2005 Budget. The Sewer Debt Service fund required
an additional transfer of funds to cover debt service fees due to a refund
of previously paid connections fees. The General Fund received additional
fees for planning and building activity which were used to cover increased
expenditures for wages and jail billings. On a motion by Councilmember
Seehuus, seconded by Councilmember Flower, Ordinance 888-05, 2005 Budget
Amendments, was introduced and passed on to a second reading. All ayes.
Wastewater Treatment Plant Facilities Plan Engineer: The interview team recommends Brown and Caldwell as the firm to prepare the City's Wastewater Treatment Plant Facilities Plan and would like to proceed with the scope of work. On a motion by Councilmember Blair, seconded by Councilmember Boyd, Brown and Caldwell were selected as the engineer to prepare the Wastewater Treatment Plant Facility plan and staff was authorized to negotiate a scope of work. All ayes.
Financial Software: Thom Graafstra, City Attorney, advised that a letter has been sent to Harris/ASP canceling the contract for financial software. Staff was directed to request a proposal from Springbrook.
Surplus Equipment: Rick Cisar, City Administrator advised that the City of Snohomish has expressed an interest in acquiring the canine unit and police vehicle. Brief discussion was held regarding the cost of the dog and training and the equipment to surplus with the vehicle. On a motion by Councilmember Boyd, seconded by Councilmember Flower, the Police Chief was authorized to negotiate the sale of the canine and car subject to the approval of the council. All ayes.
Ordinance
892-05 2006 Budget: Brief discussion was held on the purchase of a copy
machine and the changes to the budget after approval by the Council. Mayor
Tolson advised that each department is responsible for managing their
budgets and authorization for a lease must be approved by the Council.
On a motion by Councilmember Flower, seconded by Councilmember Blair,
Ordinance 892-05, 2006 Budget, was introduced and passed on to a second
reading. All ayes.
PUBLIC
COMMENTS
Josie Fallgatter: Noted that it is ironic and confusing that the Council
has passed an ordinance for sewer system that lowers the population target
at same time they are hiring engineer to upgrade the plant. The Council
needs to let people know the city intent for a target population. Ask
if the water and sewer plan are appendixes to the comprehensive plan or
a part of the plan.
Thom Graafstra, City Attorney, advised that if what is in the appendix
is a mandatory element, it is a part of the plan. If it is only reference
or information then it is not part of the plan. Water and sewer plans
are not part of the comprehensive plan as they are additional information
only.
Loretta Storm:
Agrees that negotiating union contracts should be done prior to the budget
process. Thanked Councilmember Blair for voting no on the water and sewer
plans. Discussion was held regarding saving money on a copy machine however,
the city could have made money if they had a viable plan for payment of
connection fees. People were allowed to pre-pay connection fees and the
city lost money.
Tom Green: There was a discussion regarding payment of vacation time and
the city should make the employee use it or lose it to solve the problem.
Jeff Kirkman: The council passed the water and sewer plans and they are
inconsistent with what the city plan. The City paid the consultants to
do a job incorrectly. The Comprehensive Plan has target populations and
the other plans don't have the same target. Should put all the pieces
into one document.
Ray George: Thanked the attorney for giving the same answer to the same
question from Ms. Fallgatter.
Liz Kirkman: The government has checks and balances and the city officials
should put personal feelings aside. The City needs the Planning Commission
to provide some of those checks and balances.
COUNCIL
COMMENTS
Boyd: The City was aware of the fact that there would be pre-payments
on the connection fees, however, there was no way to prevent developers
from paying for the connections before the rates changed.
Wiediger: The members of the council are here because they care about the city and although some people think they have their head in the sand which is not true.
Adjournment: On a motion by Councilmember Boyd, seconded by Councilmember
Seehuus, the meeting adjourned at 8:50 PM.