Audio and Summary - September 28, 2006 Council Meeting
NOTES:
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AUDIO
FILES ARE LINKED TO COUNCIL'S PUBLISHED AGENDA
CLICK HERE for approved council minutes
SULTAN
CITY COUNCIL MEETING - September 28, 2006
319 MAIN STREET
6:30 PM Public Hearing on Budget Amendments (Approx.
17 min. audio file) Below are the approved minutes for this hearing:
The public hearing on the 2006 Budget Amendments was called to order by Mayor Tolson. Councilmembers present: Champeaux, Slawson, Seehuus, Flower, Blair and Boyd.
Staff: Gordon Hey, Interim Finance Director, reviewed the proposed budget amendments which included funding for a police car, patrol officer, sound system and the consultant agreements for the comp plan update. Fund 104, CR Equipment Fund, has adequate funds to pay for the vehicle by using $5,217 in the 2007 budget. An additional $20,000 will be need in 2007 to complete the comp plan. The sound system and officer will be funded by the unencumbered funds in the General Fund. The absence of the Police Officer that was injured demonstrated the need for an additional officer to provide coverage for public safety purposes.
Brief discussion was held regarding the number of police vehicles, replacement program and funding options.Public Input:
NoneOn a motion by Councilmember Seehuus, seconded by Councilmember Flower, the public hearing was closed. All ayes.
7:00 PM
CALL TO ORDER - Pledge of Allegiance, Roll Call, changes to agenda,
etc. (Audio
File - Meeting Open; File A, 1:05 min., 193 kb)
COMMENTS FROM THE PUBLIC
Gerry Gibson & Jeff Aikens - Update on SPD Levy & SPD Levy Committee activities (Audio File B-1, 3:51 min., 677 kb).
Kathy Immel (124th SE resident) - Re danger of spilled gravel to motorcycles, others (Audio File B-2, approx. 6 min.,1.2 mb)
(Audio File B-3, 1:40 min. 292 kb):
- Dan Barmon (owner of Barmon Lumber) - Re increased buffer setbacks/Critical Areas Ordinance (CAO)
- Ray Kistenmacher (116th SE resident) - Re Jersey brriers at SBR - cannot see cars, dangers
Loretta Storm (116th SE resident) - Re Jersey Barrier dangers, SPD levy webpage (Audio File B-4, approx. 4 min., 490 kb)
Garth York (local developer and Sartup resident) waiting for response from city regarding park/recreation fees; Wagley buffers and categorization of stream type for same -- Type 2? or Type 3? (Audio File B-5, 1:42 min., 298 kb)
C. H. Rowe (Former Sultan mayor) - re buffer typing for Wagley (Audio File B-6, 5:05 min., 895 kb)
Josie Fallgatter (former Plng. Commissioner, lives on Trout Farm Rd) - Suggest inventory for wetlands and streams for typing/classification rather than trying to use several conflicting maps (Audio File B-7, 1:12 min., 213 kb)
Rick Cisar, City Planner - Attempts to answer question as to what type of stream is Wagley (File B-8, 1:27 min., 258 kb)
Bart Dalmasso, All Real Estate owner in Sultan - Statements re I-933 passage (Audio File B-9, 1:04 min., 189 kb)
Question by Garth York (re buffer must be in writing, in black & white); statement by C/M Kristina Blair re consultant's mapping for CAP. Rick Cisar and Rowe and York discuss. Statement by L. Storm, agreeing with York needs to be in writing: "How can the city NOT know the answer to this simple question this far down the line in the CAO process?" (Audio File B10, 7:08 min., 1.3 mb)
Dan Barmon - He needs to give notice of land use actions to neighboring properties of any changes. How come the city does not need to advise him of their potential actions that could render significant portions of his land unusable? (Audio File B-11, 1:36 min., 285 kb)
C. H. Rowe and Bart Dalmasso comment again; due to how Wagley flows through his almost-seven acres, he is left with only one usable acre because of buffer requirements. (Audio Fil B-12, 1:09 min., 206 kb)
C/M Derek Boyd questions city attorney Thom Graafstra re inventory/buffers; Graafstra states doubts that "other resources" will "categorically tell you what type of stream" is Wagley without formal inventory/classification process. Kristina Blair states Salmon Recovery Board has mapped these and they are probably best resource/BAS (Audio File B-13, 3:06 min., 548 kb)
COUNCILMEMBER COMMENTS:
- John Seehuus - Expresses justified frustration ("I am appalled") with the inability of the city to at this late date to give a direct and definitive answer on the buffer question. (Audio C-1, 0:30 min., 90 kb)
- Jim Flower - re gravel spill at 132nd/Rice Road; commended Jeff Aikens and Gerry Gibson (and the SPD Levy committee members) for all their energy and work. (Audio C-2, 1:49 min., 322 kb)
- Kristina Blair - Echoed Jim's comments re SPD Levy committee; also thanked Kathy Immel re gravel alert; and feels all comments re CAO, buffers and streams were appropriate and insightful. (Audio File C-3, 2:24 min., 424 kb)
- Derek Boyd - Questions Rick Cisar, "How can you NOT know this?" Rich Cisar's response, essentially that both DOE and WFW have "approved" the CAO plan. Boyd thanks SPD Levy Committee for their work. (Audio File C-4, 2:54 min., 512 kb)
- Bruce Champeaux - Buffers, reiterating/voicing previous comments. (Audio File C-5, 1:44 min., 283 kb)
- Steve Slawson - Announces a Snohomish Co. Tomorrow bus tour to view innovative mixed use developments. Some areas are getting "32 residents per acre" using this type of zoning. The tour will be Thursday, October 12th from 3 to 5 PM. Contact him if interested.(Audio File C-6, 1:45 min., 307 kb)
- Champeaux & Seehuus - Champeaux asks Donna/Connie about dates for city facilities tour; SEehuus apologizines for getting so upset; tells Aiken and GIbson to use his name as an endorsement for levy as a private individual. (Audio File C-7, 0:39 min., 115 kb)
Mayor Tolson - Asks Walser re FD #5 endorsement letter; suggests a council resolution for Police Levy at next council meeting. (Augio File C-8, 2:02 min., 360 kb)
STAFF REPORTS:
1) Public Works - Connie Dunn (Audio File D-1, 2:58 min., 523 kb) - Completion of SBR intersection; closure of SBR for construction in October; Answer to Slawson re CT bus stop at US2/Old Owen Rd.
2) Grant Report - Donna Murphy (Audio File D-2, 3:53 min., 684 kb) - School committee meeting (evac. drill); city's new sound system ready end of October; U. S. 2/SBR ribbon-cutting will be mid-Novemeber; City facilities tours in October.
3) Finance - (Audio File D-3, 1:44 min., 308 kb) - Re staff training.
4) Police - Chief Fred Walser gives in four parts:
- Audio File D-4, Part 1: Jim Flower's great repair and enhancement of the Police Department's flagpole (1:44 min., 346 kb)
- Audio File D-4, Part 2: Re Huber's sentence served, then almost immediate reincarceration -- PLUS reports on recent crime acitivity (4:53 min., 860 kb)
- Audio File D-4, Part 3: Update on U. S. 2 Safety Coalition activities; RTID's 10/3 open house in Everett is extremely important to east county U. S. 2 -- need attendance by officials. (4:27 min.)
- Audio File D-4, Part 4: Miscellaneous re interviews for new officers; King-TV's report on lung cancer (smoking) making Sultan's anti-smoking ordinance key part; Received endorsement from 39th Rep. Kirk Pearson for SPD Levy; gave well-deserved kudos to Jeff Aiken and Gerry Gibson (& SPD Levy Committee) for the incredible job they're doing. (1:52 min., 332 kb)
CONSENT
AGENDA (Audio
File E, 0:21 min.): The following items are incorporated into the
consent agenda and approved by a single motion of the Council.
1) Minutes of the September 14 2006 regular Council Meeting.
2) Minutes of the Closed Record Hearing on Vodnick Lane
3) Minutes of the Closed Record Hearing on Twin Rivers
ACTION ITEMS:
1) Ordinance
918 -06 Critical Areas (Audio
File F-1, 0:54 min., 162 kb) - rejected
2) Ordinance 936-06 Budget Amendments (Audio
File F-2, 5:11 min., 915 kb) - approved
3) WWTP Design Phase Scope of Work (Audio
File F-3, 7:37 min., 1.3 mb) - approved
4) CDBG - Prioritize Projects (Audio
File F-4, 5:00 min., 882 kb) - approved
6) PWTF Loan for WWTP (Audio
File F-5, 12:47, 2.2 mb) - approved
6) Approval of Vouchers
(Audio File F-6, 1:08 min., 203 kb) - approved
PUBLIC COMMENT ON AGENDA ITEMS ONLY
Audio file G, approx. 6 min., 1.1 mb: Comments made by Bart Dalmasso, Gerry Gibson and Garth York.
COUNCILMEMBER RESPONSE TO PUBLIC COMMENT ON AGENDA ITEMS (Audio File H, 6 min., approx., 1,1 mb)
APPROVED MINUTES - SEPT. 28, 2006 SULTAN CITY COUNCIL MEETING:
The 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
CHANGES/ADDITIONS
TO THE AGENDA:
Action: Remove Union Contract
COMMENTS FROM THE PUBLIC
Gerry Gibson and Jeff Aikens: Provided an update on the campaign
in support of the police levy. They have raised funds, put up signs and
will be mailing out a flyer to the citizens. The committee is working
hard on the levy and are stressing how important it is to pull together
and make the levy happen to provide adequate police services.
Kathy Emmal [G.R.I.T. Note: Correct spelling is "Immel"]:
Advised that she rides a motorcycle and the road conditions on Rice Road
are dangerous. Trucks are leaving rocks on the road where construction
was being done. Gravel was used to patch an area instead of asphalt. Also
noted that the jersey barriers along Highway 2 are difficult to see past.
(Mayor Tolson advised that the section of the road that was being repaired
is in the County, however, City Staff can send letters to contractors
doing work within the city limits to make sure they are not leaving debris
on the road. Councilmember Slawson also suggested that she contact Snohomish
County Public Works and let them know about the problem.)
Ray Kistenmacher: Agrees that the jersey barriers on Highway 2 at the Sultan Basin are difficult to see past looking for traffic coming from the east.
Loretta Storm: Agrees about the jersey barriers. Advised that information on the Police Levy is available on her web site. The Highway 2 Safety Coalition [G.R.I.T. NOTE: The correct name of this organization is "U. S. 2 Safety Coalition"]is soliciting letters of support for funding on Highway 2
Garth York, Cascade Inc/Steen Park: Submitted a letter two weeks ago regarding park impact fees and he would like a response from the city. Noted that the lower end of Winters Creek and Wagley Creek are type 2 streams and should not be treated the same as the river when it comes to buffers and setbacks.
Daniel Barmon: Has heard that the Council wants to increase the setbacks on Wagley Creek which would have a major impact on his property. If Wagley Creek is a type 2 stream the buffers could take 3-4 acres of his usable property. Also noted for the record that he did not know about the proposed ordinance prior to today and feels that city should find a way to notify affected property owners.
CH Rowe;
Asked if Wagley Creek is a type 2 or type 3 stream? He owns seven acres
and can only use 2.3 acres due to current setbacks.
(Rick Cisar advised that it has been classified as both at different times
depending on the mapping. Reviewed the map that has been approved by the
Department of Ecology. There has not been a detailed analysis of all the
wetlands in the city due to the cost. There was Council discussion on
the two different maps, definition of type 2 streams and the need to clarify
the types of stream Wagley Creek and Winter Creek are, and the need for
correct maps. It was suggested that the Salmon Recovery Board may have
maps available from the studies they have done in the area.
Josie Fallgatter: If the city is required to base critical area designation on best available science they should have a better method then looking at two maps. Asked if any inventories or studies have been done.
Bart Dalmasso: I-933 is on the ballot and if it passes, the city could face lawsuits if they increase the setbacks. Asked if the city could specify the types of rivers and creeks in the ordinance?
Loretta Storm: Agrees that there should be black and white maps that define the class and the city should have known the stream types prior to finalizing the ordinance. [G.R.I.T. NOTE: Storm did not say that stream typing should be on black and white maps; she stated she agreed with Garth York that the typing of streams by the city should be a black and white issue and noted on maps as such]
COUNCILMEMBERS COMMENTS:
Seehuus: Is appalled that the information for the critical areas
ordinance is coming up so late and that the determinations are not available.
Thanked the Police Levy Committee for their work.
Flower: Agrees that there is a safety problem on Rice Road and would like to see someone contact the County. Thanked Mr. Gibson and Mr. Aikens for work on the levy.
Blair: Thanked Mr. Gibson and Mr. Aikens for the work on the Police Levy. The Council held hearings and meetings on the critical area ordinance earlier this year and the ordinance meets the minimum state requirements. Suggested adopting the County's determination on stream type to save money.
Boyd: The buffer issue has been discussed for awhile. The ordinance is vague and it is hard to make a decision if we don't know what streams types are.
Champeaux: Is not in favor of increasing the stream buffers. The decision is critical and maintenance and the impact to property owners must be consider.
Slawson: Advised that Snohomish County Tomorrow will have a bus tour to show innovative lot development and everyone is invited to attend.
Mayor Tolson: Advised that SCFD 5 has provided a letter of support for the police levy and he would like to have a resolution of support from the council drafted. Appreciates the Police Levy committee's efforts.
STAFF
REPORTS:
Public Works: Connie Dunn advised that the Sultan Basin Road should
be completed by October 16th but there will also be construction at the
north end so the road will remain closed.
Grant: Donna Murphy advised that the City/School Committee met with Puget Sound Clean Air to discuss their program for control of outdoor burning. The evacuation drill has been delayed until November.
Finance: Gordon Hey advised that the auditors have finished field work and will have an exit conference in a couple of weeks. There is an issue with grant compliance, however, Staff has been provided training by the Auditor and will also be attending a workshop on grant management.
Police:
Chief Walser complimented Councilmember Flower for the work he did repairing
the flag pole at the Police Department. Advised that vandalism in the
city has been on the rise lately. The Highway 2 Safety Coalition is working
on funding and there are important meetings with the RTED coming up.
KING TV is doing a one hour special on lung cancer and they will be doing
interviews in Sultan because of the City ordinance on juvenile smoking.
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; Slawson - aye; Seehuus - aye; Flower - aye;
Blair - aye, Boyd - aye.
1. Minutes of the September 14, 2006 Council meeting as on file in the
Office of the City Clerk.
2. Minutes of the Closed Record Hearing on Vodnick Lane Plat as on file
in the Office of the City Clerk.
3. Minutes of the Closed Record Hearing on the Twin Rivers Plat as on
file in the Office of the City Clerk.
ACTION
ITEMS:
Ordinance 918-06 Critical Areas: Rick Cisar, Community Development Director,
requested that the Council bring the Ordinance back for reconsideration.
No action was taken. [Council members John Seehuus, Jim Flower and
Derek Boyd stated they did not wish to resurrect the issue.]
Ordinance 936-06 - Budget Amendment: Gordon Hey, Interim Finance Director, reviewed the proposed amendments to the 2006 Budget. Brief discussion was held on the need for an additional Police Officer. On a motion by Councilmember Seehuus, seconded by Councilmember Slawson, Ordinance 936-06, 2006 Budget Amendment, was introduced and passed on to a second reading. All ayes.
WWTP Design - Scope of Work: Connie Dunn, Public Works Director, reviewed the proposed Scope of Work from Brown & Caldwell for the WWTP Design phase. On a motion by Councilmember Seehuus, seconded by Councilmember Flower, staff was authorized to proceed with drafting a contract for the design work for Council approval. All ayes.
CDBG Applications: On a motion by Councilmember Champeaux, seconded by Councilmember Boyd, the Council set the priority list for the CDBG applications as follows 1) I & I Improvements to the Sewer Line; 2) 2nd Street Reconstruction Phase II and 3) 6th Street Reconstruction. All ayes.
PWTF Loan:
Staff briefly discussed the low interest loan for the WWTP design phase.
The City can borrow up to $1 million for pre-construction activities.
Gordon Hey advised that the city should submit an application, however,
the Council needs to look at how it will be repaid before it accepts any
loan.
Brief discussion was held on developer participation, time of required
payment, refunds and latecomer agreements. On a motion by Councilmember
Boyd, seconded by Councilmember Seehuus, staff was authorized to submit
an application for a low interest low for the WWTP design phase. All ayes.
Voucher Approval: On a motion by Councilmember Flower, seconded by Councilmember Blair, Vouchers #20390 through #20525 in the amounts of $160,667.59 and payroll through September 8, 2006 in the amount of $77,207.06 were approved to be drawn and paid on the proper accounts. All ayes.
PUBLIC COMMENTS
Bart Dalmasso: The City will be responsible for payment under I-933 if
property is impacted by rules. Does the applicant get their fees back
if the plat is not approved?
Gerry Gibson:
The city collecting money up front does not sound right and it appears
that city could not turn down a development if they have money.
Garth York: In regards to the sewer fees, the Council discusses applications and connections as if they are vested. He tried to pay the park fee and the city rejected his payment. Snohomish County vests the fees for five years and if new fees are imposed they don't have to pay the increase unless there is no action on the plat. Is frustrated that the Council has not responded to his letter.
COUNCIL COMMENTS
Councilmembers advised that they would like to see a response to Mr. York's
letter of appeal on the park fees. Councilmember Flower advised that during
the last meeting he did note that he agrees that there may be some double
dipping on impact fees. Councilmember Blair advised that many people have
been frustrated when they bring issues to the Council for answers and
they can't provide them. Would like to see staff provide responses when
possible.
Executive Session: On a motion by Councilmember Seehuus, seconded by Councilmember Blair, the Council adjourned to executive session for thirty minutes to discuss real estate acquisition, potential litigation and Union negotiations. All ayes.
Adjournment: On a motion by Councilmember Seehuus, seconded by Councilmember Blair, the meeting adjourned at 9:50 PM.
Benjamin Tolson, Mayor
Laura J. Koenig, City Clerk