Audio and Summary - SULTAN COUNCIL MEETING, September 14, 2006

NOTES:

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MINUTES - Sept. 14, 2006 COUNCIL MEETING

(Meeting start & changes to agenda - Audio File A, 1:38 min., 289 kb)

he regular meeting of the Sultan City Council was called to order in the Sultan Community Center by Mayor Tolson. Councilmembers present: Champeaux, Slawson, Seehuus, Flower, Blair and Boyd. Absent: Wiediger - Student Representative: Sonaly Sayavong

CHANGES/ADDITIONS TO THE AGENDA:

Action: Add Comp Plan Consultant Services
Add Noise Variance
Remove Union Contract
Executive Session: Add Potential Litigation

COMMENTS FROM THE PUBLIC

  • Cindy Jerden: Sky Valley Automotive, advised that they would like to renovate the building and improve the operation of the business however, they are a non conforming use and needs some direction from the council on how to proceed with their proposal.
    (Mayor Tolson advised them that they need to go through the formal process and request a variance. The Council will need to make a decision on the issue at a later date and should not discuss the matter now) (Audio file B-1, 4:20 min., 764 kb)
  • Josie Fallgatter: Thanked Connie Dunn for providing information on the WWTP plan. In regards to the critical area ordinance, the buffer reductions are not adequate as required based on best available science. The Fish & Wildlife and Dept. of Ecology issues need to be addressed. Ask what study or information is required for a variance as there is no criteria for a waiver. Thanked the council for getting another bid for planning services. The surface water element and transportation issues need to be addressed in the comprehensive plan. (Audio File B-2, 2:44 min., 479 kb)
  • Jeffrey Beeler: Lives in Eagle Ridge and they are concerned about the new developments and parking issues. There are problems with parking along the evacuation route and near the trail. The city needs to increase the no parking area and post signs near the evacuation route. (Audio File B-3, 2:35 min., 457 kb)
  • Garth York: Advised that he had submitted a letter to the Council in regards to the double fees for parks charged to the Steen Park and Cascade Breeze plats. He should be exempt from the park impact fees if he has to provide mitigation as part of the plat. The city currently requires payment and mitigation. (Audio File B-4, 1:23 min., 244 kb)

COUNCILMEMBERS COMMENTS (Audio File C, 5:39 min., 997 kb)

  • Blair: Noted that the evacuation route is for foot traffic only and thanked Mr. Beeler for bringing his concerns to the Council
  • Flower: Agrees that requiring tot lots is double dipping to developers. They are a good idea to start but they are not maintained by the homeowner associations.
  • Champeaux: Appreciates the information on the evacuation trail and agreed that signs need to be posted in the area.

G.R.I.T. NOTE: TWO IN-COUNCIL CLOSED RECORD HEARINGS WERE HELD AT THIS POINT:

STAFF REPORTS

  • Public Works: Connie Dunn advised that the Sultan Basin Road will be closed in October and final completion on the new road should occur that month. (Audio File F-1, 5:17 min., 930 kb)
  • Grants: The City/School Committee is working with the High School FFA to clear the evacuation trail. (Audio File F-2, 2:19 min., 408 kb)
  • [G.R.I.T. NOTE: There was a brief Finance Report, Audio File F-3, 51 seconds, 153 kb]
  • Police: Chief Walser complimented Councilmember Flower on his anti-smoking position with the Snohomish Health District. Advised that the Highway 2 Coalition [G.R.I.T. NOTE: The correct name of this organization is the U. S. 2 Safety Coalition.] is looking at having Highway 2 [G.R.I.T. NOTE: The correct name of this organization is the U. S. 2 Safety Coalition.] designated as a safety corridor which would provide for double fines for traffic offenses. Al Robinson, School Superintendent has requested a joint meeting with the Council and School Board to discuss school resource officers. (Audio File F-4, 9:44 min.,1.7 mb)

CONSENT AGENDA (Audio File G, 0:30 min., 89 kb)

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, abstained on the minutes; Slawson - aye; Seehuus - aye, abstained on the minutes on the hearings; Flower - aye; Blair - aye, Boyd - aye, abstained on the minutes.
1. Minutes of the August 24, 2006 Council meeting as on file in the Office of the City Clerk.
2. Minutes of the July 27, 2006 and August 24, 2006 public hearings on the WWTP Engineering Plan as on file in the Office of the City Clerk.
3. Vouchers 20327- through 20373 in the amounts of $58,799.26 and payroll through August 25, 2006 in the amount of $60,899.04 to be drawn and paid on the proper accounts.
4. Excused absence of Councilmember Wiediger for the September 14, 2006 and September 28, 2006 regular Council meetings.
5. Approval of the expenditure of $237 plus tax for the fall Downtown planters.

ACTION ITEMS:

Ordinance 934-06 WWTP Engineering Report: On a motion by Councilmember Seehuus, seconded by Councilmember Flower, Ordinance 934-06, WWTP Engineering Report, was adopted. All ayes. (Audio File H, 0:58 min., 172 kb)

Resolution 06-13 Parking Zones: Connie Dunn discussed the recommended changes to parking zones in the city. Councilmember Champeaux and Boyd are opposed to leaving the 5th Street intersection a two way stop. On a motion by Councilmember Seehuus, seconded by Councilmember Champeaux, Resolution 06-13, setting parking zones, was adopted. All ayes except Councilmember Champeaux and Boyd who voted nay. (Audio File I, 5:33 min., 977 mb)

Ordinance 935-06 Police Levy: Staff reviewed the revisions to the ordinance. On a motion by Councilmember Seehuus, seconded by Councilmember Champeaux, Ordinance 935-06 setting the amounts for a Police Levy was adopted. All ayes. (Audio File J, 13:02, 2,3 mb)

Resolution 06-12 Vodnick Lane: On a motion by Councilmember Champeaux, seconded by Councilmember Slawson, Resolution 06-12 remanding the Vodnick Lane PUD back to the Hearing Examiner was adopted. Ayes- Flower, Seehuus, Slawson, Champeaux; Boyd - nay; Blair -abstain. (Audio File K, 3:42 min., 651 kb)

Resolution 06-14 Twin Rivers PUD: Discussion was held regarding vesting, the PUD moratorium, code issues that have not been resolved, impact fees and the options available to the Council.

On a motion by Councilmember Champeaux, seconded by Councilmember Slawson, Resolution 06-14 remanding the Twin Rivers PUD back to the Hearing Examiner was adopted. Ayes - Flower, Seehuus, Slawson, Champeaux; Nay - Boyd and Blair. (Audio File L, 16:13 min., 2.9 mb)

Ordinance 918-06 Critical Areas: Rick Cisar, Community Development Director, advised that City staff has prepared Ordinance 918-06 which establishes a new Chapter 16.80 entitled City of Sultan Critical Areas Regulations (CAR). The Ordinance incorporates Best Available Science to protect the functions and values of Critical Areas as required by RCW 36.70A.172. The Regulations represent a combined effort of City Consultants, Staff, the Department of Ecology, and the Washington Department of Fish and Wildlife. The Regulations have been the subject of a workshop and several Public Hearings which were attended by the Department of Ecology Staff to address the questions and comments of the City Council and public. The required Environmental Review was completed for the proposed Amendments and no comments were received from the Reviewing Agencies or the public. The State Department of Community Trade and Economic Development had no comments during their 60-day review of the document. Workshops were held earlier this year. Discussion was held regarding Wagley Creek, minimum setbacks and buffers and the trail system in the buffer areas.

Councilmember Blair moved to introduce Ordinance 918-06, seconded by Councilmember Champeaux. Ayes - Blair, Slawson, Nay - Seehuus, Flower, Boyd; Abstained - Champeaux. (Audio File M, 12:48, 2.3 mb)

CDBG Applications: Donna Murphy discussed the proposed applications for CDBG which included 2nd Street Reconstruction, 6th Street Reconstruction and I & I Improvements to the sewer line. The council will need to prioritize the applications. On a motion by Councilmember Seehuus, seconded by Councilmember Champeaux, staff was authorized to submit applications to CDBG for the recommended projects. All ayes. (Audio File N, 4:21 min. 767 kb)

Police Vehicle Grant Application: Donna Murphy advised that she is working with the State Patrol on a grant application for a vehicle for commercial enforcement. Brief discussion was held on the 25% match and the amount of time an officer will devote to commercial code enforcement. On a motion by Councilmember Flower, seconded by Councilmember Seehuus, staff was authorized to submit a grant application for a police vehicle with a 25% match. All ayes. (Audio File O, 7:23 min., 1.3 mb)

Rate Study Scope of Work: Connie Dunn presented scope of work from FCS for the rate study.

On a motion by Councilmember Seehuus, seconded by Councilmember Champeaux, the Scope of Work for the rate study by FCS was approved and the Mayor was authorized to sign the contract for services. All ayes. (Audio File P, 1:20 min., 238 kb)

WWTP Short Term Improvements: Connie Dunn reviewed the recommended improvements to the WWTP. Brief discussion was held on the overall improvements to the plant and the impacts of the short term improvements. On a motion by Councilmember Flower, seconded by Councilmember Seehuus, staff was authorized to precede with the short term improvements to the WWTP in an amount not to exceed $200,000 after verification of the dollar amounts. All ayes. (Audio File Q, 4:29 min., 791 kb)

PWTF Loan Application: Donna Murphy presented a proposal to apply for a loan for the engineering portion of the WWTP upgrade. Brief discussion was held on the interest rate and required match. On a motion by Councilmember Seehuus, seconded by Councilmember Blair, the matter was continued to the September 28, 2006 meeting. All ayes. (Audio File R, 6:38 min., 1.2 mb)

(Council: For the record, Councilmember Boyd left the meeting at 9:40 PM - Audio File S, 0:20 min., 61 kb)

Police Vehicle Purchase: Chief Walser requested authorization to purchase a new police vehicle. After a brief discussion, it was determined that a budget amendment would be required prior to the purchase. (Audio File T, 3:51 min., 571 kb)

Comprehensive Plan Update: Rick Cisar presented the proposal from Shockey Brent Inc. to complete the Comprehensive Plan Update. On a motion by Councilmember Seehuus, seconded by Councilmember Blair, the authorization to sign a contract with BHC for planning services was recinded. All ayes. On a motion by Councilmember Slawson, seconded by Councilmember Blair, the Mayor was authorized to sign a contract with Shockey Brent to complete the Comprehensive Plan update. All ayes. (Audio File U, 3:48 min., 670 kb)

[G.R.I.T. NOTE: There was a statement by Mayor Tolson re Noise Variance Action Item which was unreported in these minutesAudio File V, 32 seconds, 95 kb]: "I have been invormed that a noise vairance -- we do not contain a provision within our Sultan Municipal Code. Therefore, we cannot authorize a noise variance for those that wanted to start work earlier on Saturdays. So they will have to hold their hammers until 9 o'clock."

PUBLIC COMMENTS

  • Josie Fallgatter: Asked if a land use decision was made on the Vodnick and Twin Rivers Plats? Agrees that there are issues that need to be addressed in the Twin Rivers plat and the costs need to be paid by the developers. Council needs to review the definition of "completeness" in the code. (Audio File W-1, 2:10 min., 384 kb)
  • Garth York: Advised that there is a checklist for plat applications and the fees are due at the time of submittal. Developers should not have to pay more in fees then their fair share of the costs. Helped develop the evacuation trail and it could be used for vehicles but there is a parking issue at the top of the trail. Truck companies like Cadman have donated to the city and citizens will be upset if the police start writing tickets to all the truck drivers. Does not support training an officer to do the State Patrol's job. He supports the police, however, they should go after criminals not truckers. (Audio file W-2, 4:18 min., 756 kb)
  • Kerry Ourada: Supports using the police vehicle for enforcement for truck traffic. They police should worry about the criminals but also need to be concerned about the traffic going thru the city and the commercial vehicles that are breaking the law. (Audio File W-3, 4:30 min. 236 kb)

COUNCIL COMMENTS

Champeaux: Is not against the enforcement vehicle but it may not be good public relations to tell citizens we are short staffed and then start on activity that takes an officer off the streets to stop trucks. (Audio File X, 4:45 min., 837 kb)

[G.R.I.T. NOTE - Left unreported in the minutes was a statement by Mayor Tolson -- included in above Audio File X -- regarding how an over-loaded gravel truck (or other industrial/commercial vehicle) can present serious safety concerns. Here is Mayor Tolson's full statement: "My only comment is, is having seen a young lady be killed this last summer by a truck that was overloaded with gravel, uh, who was a very close family friend, uh...these trucks are coming through out town. If they are overloaded they could -- it's one of those things, you know? If they keenly aware that we're watching, I think that it would be better, uh, and safer as they go down the road." (Mayor Tolson is referring to 14-yr-old Gold Bar Katelin Brown, who died on SR 522 when a driver lost control of his dump truck and hit a Suburban after crossing the center lane. Here's the link to the Everett Herald story: http://www.heraldnet.com/stories/06/06/06/100loc_b1wreck001.cfm) SEE BELOW FOR a COMPLETE TRANSCRIPTION OF THE BRIEF DISCUSSION BETWEEN C/M CHAMPEAUX AND SPD CHIEF WAlSER ON THIS SUBJECT.]

Adjournment: On a motion by Councilmember Champeaux, seconded by Councilmember Slawson , the meeting adjourned at 10:00 PM.

__________________________________________

TRANSCRIPTION: Comments by Councilmember Bruce Champeaux and SPD Chief Walser re issue of ticketing over-loaded gravel or other over-loaded commercial vehicles:

Champeaux: Let's get back to that issue briefly again and do our -- just one more time. Though I'm not necessarily against it, I do believe it might be a perception issue. And maybe it's only my perception issue. But it's a perception I feel that people see a police officer when we're saying that we're under-staffed and we can't....do a lot of things because we're understaffed. But yet we're doing this new endeavor, and spending some time....on a different -- doing--doing different things rather than maintaining public safety. And we can say, "You know what? We're still maintaining the same public safety." But it's the perception that maybe I wouldn't have or maybe -- but I'm sure there'd be other people who have that same perception that we're taking an officer off the street, maintaining safety for criminals (unintelligible). And you might not hear -- you might not agree with me. But I think that there is -- there is that possibility of that perception anyway. We don't have enough staff, and yet we're going to let one of our officers go out and pull over....trucks. And yet may--and the perception may be -- we need them in town, we need them driving the streets, we need them doing (unintelligble) because we're understaffed.

SPD Chief Walser: That's what he's been doing for us for the last four and a half months. That's why we don't see him. (unintelligible) around here that much. We still have a motorcycle, by the way. We didn't get rid of the motorcycle. And he hasn't been working trucks. He's actulaly been working patrol becuase he hasn't had the time to do that.

Champeaux: And so the perception maybe possible starting in January on a daily basis or once in awhile, pulling over trucks on Highway 2 keeping us safe. I'd rather see them in town. I'd reather see them driving through [simultaneous comments] I understand that, fred. I'm just saying -- I'm just saying -- perception, okay?

SPD Chief Walser: I fully recongize that because traditionally it's been a WSP function to work trucks. And if truckers -- even that, they don't like it. I used to work trucks all the time when I was a Trooper and they didn't like it. They thought that was a DOT function. It is perception. But the fact of the matter is, it's a law. And those trucks contribute significantly to (unintelligble word -- "them"?) -- overweight trucks. And when he talks about somebody getting a ticket for two inches over, I review every one of them, and there's usually five to seven warnings on a ticket of other violations besides the minor one they get. Becuase I've been watching that because of so-called perception. And complaints that I got from gravel pits and what-not, it's not (unintelligible), it's absolute fact -- [A local trucker from the assembly interrupts, furious (apparently) about receiving a ticket. He was promptly gaveled down by Mayor Tolson.]