Audio and Summary - AUGUST 24, 2006
(Agenda Packet for this, and previous meetings)

NOTES:

  • Although this audio is accurate and complete, for final "official" copies of all agenda, minutes, ordinances, resolutions or other actions, contac the city directly: 360-792-2231.)
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MINUTES - SULTAN COUNCIL MEETING - AUGUST 24, 2006

Note: A continuation hearing on the WWTP (3.6 mb file) on Sultan's Waste Water Treatment Plant's Engineering study was held at 6 PM, prior to the council meeting.

(Meeting start & changes to agenda - Audio File A, 1:23 min., 247 kb)

The regular meeting of the Sultan City Council was called to order in the Sultan Community Center by Mayor Tolson.  Councilmembers present:  Wiediger, Slawson, Seehuus, Flower, and Blair.

  • Absent:  Champeaux and Boyd.
  • Student Representative:  Sonaly Sayavong

CHANGES/ADDITIONS TO THE AGENDA:

  • Consent:  Add excused absence of Councilmember Boyd.
  • Executive Session:  Union negotiations

COMMENTS FROM THE PUBLIC

Richard Gould:  Advised that he has attended meetings and heard mostly complaints but he came to provide support for the city.  Has a financial background in government and can assist with financial issues.  He has requested documents to help him review the financial condition of the city.  Is concerned over the use consultants and would like to be involved with the budget preparation. (Audio file B-1, 5:09 min., 908 kb)

Josie Fallgatter:  On the Vodnick Lane remand, is confused how it can be remanded back without the required closed record hearing.   Ask why they are not following procedure.  In regards to the proposed Comp Plan update, if the intent of the proposed works is to do the update in a legally compliant manner, this will not do it.  There is no additional traffic analysis proposed and it is missing the transportation element.  Does not include and EIS, utility plan and does not consider levels of service.  Appreciates the efforts, but should get a scope of work for what needs to be done. (Audio File B-2, 4:30 min., 793 kb)

Audio File B-3, 4:40 min., 823 kb (includes Gibson's and Storm's comments)

  • Gerry Gibson:  The city is dealing with park impact fees but should look at traffic impact fee updates also.    AJ’s Place Plat has four options provided for consideration but there is no option for denial.  The Police level of service is a concern to him and others and he doesn’t understand how the council can ignore the code.
  • Loretta Storm:  Advised that the Highway 2 [NOTE:  The correct name of this organization is the “U. S. 2 Safetey Coalition”] Coalition is sharing the Monroe Chamber Booth at the Evergreen State Fair.  Requested that the DRB meetings be posted as well as all other such meetings.  In regards to records requests, state law requires that city respond in five days.   The Council did a good job on the town meeting and the survey tool was great for gathering information. [G.R.I.T. NOTE: Left unreported in this statement is Storm's comment / question as to how parcels of land south of 124th S.E. became included as part of Sultan's UGA expansion request without owners' knowledge or proper notice. Mayor Tolson's response & explanation is included below in "Councilembers Comments" at the end of Audio File C.]

Jennifer Jerabek:   Presented a letter from the Master Builders Association in regards to the Park Impact fee increases.  It is a substantial increase and will add about $9,000 to the cost of a home over 30 years.  The increase may also be subject to legal challenges as the fees must be proportionate to the impact of the development.  (Audio File B-4, 3:58 min., 700 kb)

Garth York:   Asked if projects that have gone thru the process are vested under the old impact fees? Does not support the ordinance as it is a major increase and Developers are providing recreational areas in the plat and then being asked to pay fees for other park lands.  The city should get rid of tot lots and build regional parks and allow the developer to use the lot for building.  (Audio File B-5, 4:38 min., 816 kb)

COUNCILMEMBERS COMMENTS (Audio File C, 4 min., 459 kb):

  • Wiediger:  Agrees that the developers who have approved plats should be vested under the old fees
  • Slawson:  The closest county parks to city are Lord’s Hill, Index and Flowing Lake.  The County owns property in the area that could be used for park purposes. 
  • [G.R.I.T. NOTE: An unreported comment by Mayor Tolson is included in this audio file, re town hall survey results as well as response to Storm's question as to how Jean Roberts' (and others') properties became part of the City's proposed UGA expansion without notice, or their knowledge or consent. The request to include those properties was initiated by then-county councilman Jeff Sax.]

STAFF REPORTS:

  • Public Works:  Advised that Rice Road will be closed for culvert replacement, the Sultan Basin Road project is moving forward and the bus stop at west end of city is being relocated closer to the light.  (Audio File D-1, 4:17 min., 755 kb)
  • Grants:  Railroad Crossing grant contract has been signed and construction should start later this year.  Submitted a TIB application for the south leg of the Sultan Basin Road.  Park projects should go to bid later this month.  (Audio File D-2, 2:24 min., 423 kb)
  •  Finance:  Gordon Hey presented the July budget report for review and advised that the revenue and expenditures are both at about 48% of the budgeted amounts.  Building permit activity is considerably less then anticipated.  Budget amendment request have been submitted for the sound system, planning and police.  (Audio File D-3, 8:34 min.. 1.5 mb)
  •   Police:  The Highway 2 Safety Coalition [NOTE:  The correct name of this organization is the “U. S. 2 Safety Coalition”] will meet on August 28th with DOT to discuss the results of their workshop. There will be a public meeting on August 30th to discuss the police levy.  Officer Marshal will be returning to work soon and the city will no longer need to use the additional temporary officers. Staff is working with the City Attorney to revise the animal control ordinances.  (Audi File D-4, 9:20 min., 1.6 mb)

 CONSENT AGENDA: (Audio File E, 0:38 min., 85 kb)

The following items are incorporated into the consent and approved by a single motion of the Council.   On a motion by Councilmember Flower, seconded by Councilmember Wiediger, the consent agenda was approved as amended.  Wiediger – aye; Slawson – aye; Seehuus – aye, abstained on item 2; Flower – aye; Blair – aye.

  1. Minutes of the August 10, 2006 Council meeting as on file in the Office of the City Clerk.
  2. Minutes of the July 27, 2006 and August 10, 2006 Public Hearings on Ordinance 929-06, Recreational Facility Fees.
  3. Excused absence of Councilmember Champeaux.
  4. Approval of the contract with Prothman for Building Inspector services.
  5. Confirm the appointment of Sonaly Sayavong as the Student Representative.
  6. Minutes of the August 10, 2006 Closed Record Hearing on AJ’s Place Plat.
  7. Vouchers 20236 through 20295 in the amounts of $576,349.61 and payroll through August 11, 2006 in the amount of $41,486.00 to be drawn and paid on the proper accounts.
  8. Excused absence of Councilmember Boyd.

ACTION ITEMS:

Resolution 06-11 AJ’s Place Plat:  Rick Cisar discussed the four different proposed resolutions and advised that staff recommends adoption of 06-11A.  Councilmember Blair noted that there was no option for denial presented.  On a motion by Councilmember Flower, seconded by Councilmember Seehuus, Resolution 06-11A approving AJ’s Place preliminary Plat was adopted.  All ayes with Councilmember Blair abstaining and Councilmember Slawson voting nay. (Audio File F, 5:00 min., 882 kb)

Resolution 06-12 Vodnick Lane Remand:  Rick Cisar advised that the developer has requested that the matter be remanded back to the Hearing Examiner.  Brief discussion was held on the need for a closed record hearing and the proper process for remanding the matter back to the Hearing Examiner. 

Councilmember Slawson moved to adopt Resolution 06-12 remanding Vodnick Lane back to the Hearing Examiner, seconded by Councilmember Blair.  Blair and Slawson – aye; Seehuus, Flower, Wiediger – nay.  The motion was defeated.  The City Attorney will research the code to determine the process the council needs to follow.  The council needs to set the matter on the next agenda for action.

(AUDIO RE VODNICK ACTION ITEM: G.R.I.T. NOTE: THERE ARE TWO AUDIO FILES RELATED TO THIS ACTION ITEM: Audio File G, 7:35 min.,1.3 mb, which contains the audio of this action item; and an Audio Addendum, file G-Adden, 3:08 min., 552 kb which contain comments made by Cheryl Beyer (attorney) just before the public comment period began at the end of the council meeting re the Vodnick hearing subject.)

Ordinance 929-06 Recreational Facility Fees:  On a motion by Councilmember Flower, seconded by Councilmember Slawson, Ordinance 929-06, Recreational Facility Fees, was adopted.  All ayes except Councilmember Wiediger who voted nay. (Audio File H, 2:37 min., 463 kb)

Ordinance 934-06 WWTP Engineering Study:  On a motion by Councilmember Seehuus, seconded by Councilmember Slawson, Ordinance 934-06, WWTP Engineering Study, was introduced and passed on to a second reading.  All ayes. (Audio File I, 2:11 min., 387 kb )

Facility/Rate Study:   Connie Dunn discussed the interview process with consultants to perform a utility rate study.  Brief discussion was held regarding cost and time line.  On a motion by Councilmember Wiediger, seconded by Councilmember Blair, the staff was authorized to negotiate a contract with Financial Consulting Solutions for a Facility Rate Study. All ayes except Councilmember Flower who voted nay. (Audio File J, 5:34 min., 980 kb)

Ordinance 935-06, Police Levy:   Chief Walser reviewed the three year levy proposal to provide police equipment and additional staff.  Brief discussion was held on the amounts and the impact to the level of service requirements. 

On a motion by Councilmember Seehuus, seconded by Councilmember Flower, Ordinance 935-06, Police Levy, was introduced and passed on to a second reading.  All ayes (for the record, Councilmember Wiediger was not present for the vote) (Audio File K, 11:15 min., 1.0 mb)

Resolution 06-14 Disposal of Property:  The property is located at 516 Date Street and has a market value of $125,000 plus.  On a motion by Councilmember Blair, seconded by Councilmember Flower, Resolution 06-14, Disposal of Property, was adopted.  All ayes (for the record Councilmember Seehuus was not present for the vote). (Audio File L, 3:16 min., kb)

Planning Consultant Agreement:  Rick Cisar reviewed the proposal for consultant services to complete the Comprehensive Plan and Development Code updates.  Brief discussion was held regarding the involvement of the Planning Board, staff support, and previous issues with BHC’s work. 

On a motion by Councilmember Flower, seconded by Councilmember Slawson, the Mayor was authorized to sign a contract with BHC Consultants in an amount not to exceed $30,000 to complete the Comprehensive Plan and Development Code Updates.  All ayes except Councilmember Wiediger who voted nay. (Audio File M, 7:23 min., 1.3 mb)

[G.R.I.T. Note: Just prior to Public comments began, Cheryl Beyer made a comment that is contained within the Vodnick Action item above.]

 PUBLIC COMMENTS (All audio is contained within Audio File N, 7:26 min., mb)

  • Josie Fallgatter:   Understands the attorney’s concern on the Vodnick Lane plat as according to the code they must have closed record hearing a make a decision based on facts.  Vesting was addressed by the Hearing Examiner and the developer can not chose which code they want to vest under.  The council needs to have the closed record hearing and accept the Hearing Examiners recommendation and then the developer can re-file his application.  Was disappointed in the selection of BHC for the code update.
  •  Loretta Storm:   Congratulated the council for holding firm on the park fees.  Traffic fees have not been raised in 6 years and they would have had more funding for projects if they were increased annually.   The developers charge the fee back to the home buyers.  Was disappointed in the selection of BHC for the comp plan update. 
  •  Garth York:   Was disappointed that the Council passed the increase to park fees.  Council may think they have done well, but they have not.  They raise sewer fees and traffic fees – what stops them from continuing to increase fees.  They have set the city up for legal challenges on the fees.  Not listening to input.

COUNCIL COMMENTS (All council member comments contained in Audio File O, 3:21 min., 590 kb)

  • Flower:   Tot lots are a waste of land and they are not maintained.   The City had an opportunity to collect a fee in lieu of tot lots and it was repealed and the Council needs to look at that option again. 
  •  Blair:   Agreed, we should have a fee in lieu for tot lots.  They are a waste of land.  Public Works chose new consultant for the rate study and she would like to look at other options for Planning instead of using BHC. 

 Executive Session:  On a motion by Councilmember Seehuus, seconded by Councilmember Flower, the Council adjourned to executive session for fifteen minutes to discuss Union Negotiations.  All ayes.

 Adjournment:  On a motion by Councilmember Blair, seconded by Councilmember Flower, the meeting adjourned at 9:05 PM.