SULTAN CITY COUNCIL MEETING
319 MAIN STREET
February 22, 2006
7:00 PM
6:00 PM Public Works Commitee Meeting
7:00 PM CALL TO ORDER - Pledge of Allegiance and Roll Call
Planning Commission Recognition
CHANGES/ADDITIONS TO THE AGENDA
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
Introductions Interim City Administrator and Finance Director
1) Police Department
2) Public Works (Sultan Basin Road Update)
3) Grant Report
4) Finance
5) Student Representative
CONSENT AGENDA: The following items are incorporated into the Consent Agenda and Approved by a single motion of the Council.
1) Minutes of the February 8, 2006 regular Council Meeting
2) Approval of Vouchers
3) Representatives Union Negotiations
4) Library Board Appointment
ACTION ITEMS:
1) Amendment to Task Order 2006-1, Water System Plan
2) Ordinance 908-06 Utility Tax - 2nd Reading
3) Ordinance 910-06 Sewer Utility Tax - 2nd Reading
4) Ordinance 911-06 Water Utility Tax- 2nd Reading
5) Ordinance 912-06 Garbage Utility Tax - 2nd Reading
6) Ordinance 913-06 Adopt Surface Water Managment Plan - 2nd Reading
7) Appointment of Interim City Clerk
8) Appointment of Director of Community Development and Approval of Employment Contract
9) Set Public Hearing on Budget Amendments to Purchase Police Patrol Car and implement the Prothman
Reorganizational Plan
DISCUSSION: Time Permitting
1) Web Page
PUBLIC COMMENT
COUNCILMEMBER RESPONSE TO PUBLIC COMMENTS
Executive Session: Potential Litigation
Adjournment - 10:00 PM or at the conclusion of Council Business.
ADA NOTICE: City of Sultan Community Center is handicap 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. FOR FURTHER INFORMATION PLEASE CONTACT THE CITY AT cityhall@ci.sultan.wa.us
OR VISIT OUR WEB SITE AT www.ci.sultan.wa.us
SULTAN CITY COUNCIL
AGENDA ITEM COVER SHEET
Date: February 22, 2006
Agenda Item #: Consent C 1
SUBJECT: Council minutes
CONTACT PERSON: Laura Koenig, City Clerk/Treasurer
SUMMARY STATEMENT: Attached are the minutes of the February 8, 2006 regular Council Meeting and Public Hearings as on file in the Office of the City Clerk.
RECOMMENDATION: Approval as submitted.
Action Date:
COUNCIL ACTION:
1718-06
CITY OF SULTAN COUNCIL MEETING – February 8, 2006
PUBLIC HEARING:
The public hearing on the REET/Sales Tax exchange was called to order in the Sultan Community Center by Mayor Tolson. Councilmembers present: Champeaux, Wiediger, Slawson, Seehuus, Flower, Blair.
Absent: Boyd
Staff: Rick Cisar provided information on the Ordinance which will exchange one half percent of our existing sales tax in exchange for collecting an additional .25% of real estate excise tax.
Letters in opposition to the tax were received from David Demarest, Windermere Real Estate; Starla Shaulis, John L Scott Real Estate; Karen Suggs; Daniel M Allem; Wayne Purser, Realtor.
Public Input:
Deborah Brown: Is a 10 year resident and works for the school district so she understands the financial constraints in Sultan. Doesn’t understand why the city is trading a sales tax that is spread over all for a tax that penalizes a few. Makes a good reason to not live in Sultan. Citizens don’t know the impact it will have on their greatest asset, their home.
Nathan Gorton: Government Affairs Director for the Snohomish County/Camano Association of Realtors. Presented a packet to the Council addressing the issue of lack of public notice, the shortsighted tax policy and the legislative intent of the additional REET. The information is contradictory and creates confusion on what the ordinance intends. Requested that the council consider the long term implications of the ordinance on real estate sales.
Jeff Cohen: Asked where the money will go and how will it jeopardize home owners. It is unfair to penalize the people selling their homes in Sultan. Has talked to merchants and citizens and they don’t know what is going on with the tax increase. What will happen if the sales of homes go down, will they continue to go backwards. How does the council feel about having to pay the extra money if they sell their homes.
Loretta Storm: Has been involved for 6 years with city issues and knows that the city needs to find solutions. They have to sell a home for long term care of their mother and it will be difficult.
Dave Demarest: Is a realtor and broker and has done many transactions in the area and the impact of $700 is great for a senior citizen or first time home buyer. The city should find a better solution that is shared across the board.
Frank Linth: Lives in the area and understands the issues but the city should look for other solutions. Sultan is unique and a lot of people commute to other areas because housing is affordable. The extra cost will be passed on to the buyer and may impact sales.
Russ Hokinson: Snohomish County/Camano Association of Realtors. Is confused about the actual percentage that city intends to impose. Report indicates taxes would double but if only imposing ¼ %, the revenue needs to be cut in half.
Thom Graafstra, City Attorney, advised that the city imposes two ¼ percents to total ½% and is increasing the tax to ¾%.
Peter Paterno: Poor planning on the council’s part should not impact homeowners. Should reconsider as their action will discourage business and home sales.
1719-06
CITY OF SULTAN COUNCIL MEETING – February 8, 2006
Council Input:
Flower: Confirmed that the increase is only ¼ percent.
Blair: Asked if other cities have imposed the additional tax.
Mayor Tolson: Clarkston is the only city using it now and it is critical that the County participate with the return of the sales tax.
Rick Cisar advised that notice must be to the Department of Revenue and the City will not be able to impose the tax until July 1, 2006.
On a motion by Councilmember Seehuus, seconded by Councilmember Champeaux, the public hearing was closed.
Benjamin Tolson, Mayor
Laura J. Koenig, Clerk/Treasurer
1720-06
CITY OF SULTAN COUNCIL MEETING – February 8, 2006
PUBLIC HEARING:
The public hearing on the Utility tax on city owned utilities was called to order in the Sultan Community Center by Mayor Tolson. Councilmembers present: Champeaux, Wiediger, Slawson, Seehuus, Flower, Blair. Absent: Boyd
Staff:
Rick Cisar presented Ordinance 908-06 which has been expanded to impose a monthly utility tax of 6% on water, sewer and garbage service.
Public Comments:
Janet Peterson: Asked why there was city utility tax on her rented water heater from PSE. Staff will research the matter.
Council:
Mayor Tolson: Advised that Sultan is one of the few cities that do not impose utility tax on their own utilities. The City has lost revenues due to the tax initiatives and this will help resolve some of the financial issues.
Champeaux: Previous mayors and councils have not taken the position that they did not want to raise taxes. They cut down on spending and hope that sales tax and business would increase and that did not happen. The council needs to take additional measures.
Flower: It is a mark of leadership to do the right thing in hard times and the council must decide where to make cuts and how to get the city out of the problem. Other cities impose a utility tax to raise revenues. The city is short staffed and can not afford any more cuts. Supports the actions to increase revenues and reorganize.
On a motion by Councilmember Champeaux, seconded by Councilmember Seehuus, the public hearing was closed. All ayes.
Benjamin Tolson, Mayor
Laura J. Koenig, Clerk/Treasurer
1721-06
CITY OF SULTAN COUNCIL MEETING – February 8, 2006
PUBLIC HEARING:
The public hearing on the Utility Service fees was called to order in the Sultan Community Center by Mayor Tolson. Councilmembers present: Champeaux, Wiediger, Slawson, Seehuus, Flower, Blair.
Staff:
Rick Cisar reviewed Ordinances 910-06, 911-06 and 912-06 which provide for increases in the fees by 6% on top of the base monthly charges.
Public
Ray Kistenmacher: The ordinance causes more confusion, is the council imposing a tax that it doesn’t have now?
Thom Graafstra, City Attorney advised that the purpose is to clarify that the tax is over and upon the current rate.
Sherie Vixie: The previous plan was working because we were small and is not working now because we have had unplanned growth and she hopes they will consider that in the future.
Tracy Long: Understands the need to grow and how serious the problem is but there may be long term impacts. Some may look at Skagit County instead of Sultan for cost savings.
On a motion by Councilmember Seehuus, seconded by Councilmember Slawson the public hearing was closed. All ayes.
Benjamin Tolson, Mayor
Laura J. Koenig, Clerk/Treasurer
1722-06
CITY OF SULTAN COUNCIL MEETING – February 8, 2006
The regular meeting of the Sultan City Council was called to order in the Sultan Community Center by Mayor Tolson. Councilmembers present: Champeaux, Wiediger, Slawson, Seehuus, Flower, Blair.
Absent: Boyd
Student Representative: Karstan Thot
CHANGES/ADDITIONS TO THE AGENDA:
Consent: Excused absence of Councilmember Boyd
Presentations:
Recognition of Military Personnel: Mayor Tolson presented Certificates of appreciation to Chief Operations Specialist Andrew Schmidt, Petty Officer 1st Class Larry Kein, Petty Officer 1st Class Eric McCartney, Petty Officer 2nd Class John Clavert, Petty Officer Josh Dunbar and Coastguardsman Jeremiah Jones for their service to the Country.
Artrain – City of Skykomish: Christina Yates provided a presentation on the Artrain that will be coming to Skykomish in late April. The train will feature native art and will be open to the public for three days and will be reserved for school groups for two days. There will also be a gallery open in town to show case local artists during the event.
COMMENTS FROM THE PUBLIC
Loretta Storm: Read a statement from Josie Fallgatter into the record that expressed concerns over Ordinance 904-06. The ordinance designates the council as the planning commission and the action seems to violate state law.
Russ Hokinson: Presented a copy of page from the Prothman report that was referenced earlier regarding the REET. The report appears to double the amount of the REET anticipated, however, the city is not doubling the tax. The report shows net revenue of 118,530 but if the math is done correctly, the city would lose $14,000. Recommended that city hold action and recheck the math.
Robert Criswell: Commented that the last time the utility fees and hookup fees were raised everyone in city hall got a raise.
COUNCILMEMBERS COMMENTS:
Blair: Thanked Mr. Hopkins for pointing out the error in the math calculations. Employee raises and the utility taxes are not tied together. People do need living wage so that they will stay here and the council is not proposing anything out of the ordinary.
Flower: Thanked the military personnel for their service to the country. The Council is not giving raises to city staff.
STAFF REPORTS:
Police Department: Chief Walser advised that the City of Snohomish has agreed to purchase the dog and the cage
Public Works: Connie Dunn advised the bids on the Sultan Basin project were open and it appears that Wilder Construction is the apparent low bidder
Finance: Laura Koenig, Clerk/Treasurer presented the 2005 Annual Report and briefly discussed the LID Bond fund.
1723-06
CITY OF SULTAN COUNCIL MEETING – February 22, 2006
Planning: Rick Cisar, City Planner, requested that the council reschedule the critical area workshop to February 21st at 6:30 PM.
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 amended. Champeaux – aye, abstained on the minutes; Wiediger – aye; Slawson – aye; Seehuus - aye; Flower – aye; Blair – aye.
ACTION ITEMS:
Ordinance 900-06 Establish Position of Finance Director: On a motion by Councilmember Flower, seconded by Councilmember Champeaux, Ordinance 900-06 establishing the position of Finance Director was adopted. All ayes.
Ordinance 901-06 Establish the Office of the City Clerk: On a motion by Councilmember Slawson, seconded by Councilmember Flower, Ordinance 901-06 establishing the office City Clerk was adopted. All ayes.
Ordinance 902-06 City Engineer: Brief discussion was held regarding the engineer reporting to the Community Development Director instead of the Public Works Director. Connie Dunn, Public Works Director advised that she was opposed to the proposal but would support the Council decision.
On a motion by Councilmember Champeaux, seconded by Councilmember Slawson, Ordinance 902-06 was adopted. All ayes, except Councilmember Wiediger who voted nay.
Ordinance 903-06 Establish Position of City Administrator: On a motion by Councilmember Seehuus, seconded by Councilmember Flower, Ordinance 903-06 establishing the position of City Administrator was adopted. All ayes.
Ordinance 904-06 Abolishing the Planning Commission and Establishing a Department of Community Development: On a motion by Councilmember, Flower, seconded by Councilmember Champeaux, Ordinance 904-06 was adopted. All ayes, except Councilmember Slawson who voted nay.
Ordinance 906-06 Council Meeting: On a motion by Councilmember Champeaux, seconded by Councilmember Seehuus, Ordinance 906-06 changing the Council meeting day was adopted. All ayes.
Ordinance 907-06 Repeal of Sales Tax and Increase REET: Rick Cisar advised that the public hearing was held earlier in the evening on the ordinance that will provide for an increase in the Real Estate Excised Tax and decrease the sales tax. Brief discussion was held regarding the amount of monies the proposal will provide, the need to check the accuracy of the numbers, the need for county participation and to provide for long term solutions. On a motion by Councilmember Flower, seconded by Councilmember Seehuus, Ordinance 907-06 was introduced and passed on to a second reading. All ayes.
1724-06
CITY OF SULTAN COUNCIL MEETING – February 22, 2006
Ordinance 908-06 Utility Tax on Water, Sewer and Garbage Services: On a motion by Councilmember Seehuus, seconded by Councilmember Champeaux, Ordinance 908-06 imposing a 6% utility tax on water, sewer and garbage was introduced and passed on to a second reading. All ayes.
Ordinance 909-06 Salary Schedule: Brief discussion was held regarding the salary amounts in the ordinance and the need to do further review. On a motion by Councilmember Slawson, seconded by Councilmember Wiediger, Ordinance 909-06 was adopted. . All ayes.
Ordinance 910-06 Sewer Service Rates: On a motion by Councilmember Champeaux, seconded by Councilmember Seehuus, Ordinance 910-06 was introduced and passed on to a second reading. All ayes.
Ordinance 911-06 Water Service Rates: On a motion by Councilmember Blair, seconded by Councilmember Seehuus, Ordinance 911-06 was introduced and passed on to a second reading.
All ayes.
Ordinance 912-06 Garbage Services Rates: On a motion by Councilmember Blair, seconded by Councilmember Slawson, Ordinance 912-06 was introduced and passed on to a second reading. All ayes.
SERS Interlocal Agreement: On a motion by Councilmember Seehuus, seconded by Councilmember Flower brought back to the table. All ayes. Laura Koenig, Clerk/Treasurer, reviewed the Interlocal and the change that requires payment upon beneficial use of the system. Brief discussion was held regarding the effectiveness of the 800 MHz system. On a motion by Councilmember Seehuus, seconded by Councilmember Flower, the Mayor was authorized to sign the SERS Interlocal Agreement with Snohomish County for emergency radio service. All ayes, except Councilmember Champeaux who voted nay.
Ordinance 913-06 Surface Water Management Plan: Connie Dunn, Public Works Director, reviewed the ordinance that provides for adoption of the Surface Water Management Plan. Following adoption of the ordinance, staff will begin the implementation of the utility. On a motion by Councilmember Flower, seconded by Councilmember Blair, Ordinance 913-06 was introduced and passed on to a second reading. All ayes.
Sultan Basin Road – Contract Amendment: On a motion by Councilmember Champeaux, seconded by Councilmember Seehuus, the Mayor was authorized to sign contract amendment with Snohomish County for the Sultan Basin Road project. All ayes.
Appointment of Interim City Administrator: On a motion by Councilmember Seehuus, seconded by Councilmember Slawson, the Mayor was authorized to sign a contract with the Protham Company for an interim City Administrator. All ayes.
Appointment of Interim Finance Director: On a motion by Councilmember Flower, seconded by Councilmember Slawson, the Mayor was authorized to sign a contract with the Protham Company for an interim Finance Director. All ayes.
PUBLIC COMMENTS
Janet Peterson: Noted that it would be helpful to the audience to have information on the agenda items and that she would like to see more backbone on the part of the council.
1725-06
CITY OF SULTAN COUNCIL MEETING – February 22, 2006
Ray Kistenmacher: Would not be too glad over a low bid as they often come back with increases.
Loretta Storm: Advised that information on the agenda is available on the city web site and the GRIT web site.
Mary Carson-Ford: Confused about the REET proposal and the five year projection for increases. Appreciates that the council is looking at options but why look to the people who are selling instead of the people who live here.
Jeff Cohen: Thanked the council for listening to their comments and encouraged them to take a closer look at the REET. Sultan is a first time home buyer market and with problems in the market the extra tax could make a difference.
Matt Case: Is just getting familiar with processes in the city and was not aware of the proposed taxes until today. Asked if there was a way to inform the home owners about issues that impacts them. Council needs to find a way to get information out to the citizens so they can be educated and be heard.
COUNCIL COMMENTS
Mayor Tolson: On the REET, the council must come back on annual basis and review the ordinance. They are working with the County for a five year agreement to help the city recover financially.
Slawson: Is newly elected and did not want to raise taxes but prior councils did not take the needed actions.
Flower: Thanked the residents for understanding the need to raise taxes and the need to take a stand on difficult issues.
Blair: Thanked the citizens for their comments. The Council needs to decide what is right for the city and how to best serve the citizens. Agrees that it is difficult to get information out to the citizens.
Champeaux: Thanked the people for coming and noted that there are agendas available at the meeting and the city could put the web site information on the agenda.
Executive Session: On a motion by Councilmember Seehuus, seconded by Councilmember Blair, the Council adjourned to executive session for fifteen minutes to discuss Union Negotiations. All ayes.
Law Enforcement Union Contract: On a motion by Councilmember Seehuus, seconded by Councilmember Wiediger, the Mayor was authorized to sign the Law Enforcement Union Contract as presented. All ayes
Adjournment: On a motion by Councilmember Blair, seconded by Councilmember Champeaux, the meeting adjourned at 9:20 PM.
Benjamin Tolson, Mayor
Laura J. Koenig, Clerk/Treasurer.
SULTAN CITY COUNCIL
AGENDA ITEM COVER SHEET
Date: February 22, 2006
Agenda Item #: Consent C 2
SUBJECT: Voucher Approval
CONTACT PERSON: Laura Koenig, Clerk/Treasurer
SUMMARY STATEMENT:
Approval of Vouchers # 06-120 through #06-191 in the amounts of $355,677.00 and payrolls through February 10, 2006 in the amount of $61,258.83 to be drawn and paid on the proper accounts.
FISCAL IMPACTS:
Expenditure Required: $416,935.83
RECOMMENDATION: Recommend approval as submitted.
COUNCIL ACTION:
SULTAN CITY COUNCIL
AGENDA ITEM COVER SHEET
ITEM NUMBER: Consent C-3
DATE: February 22, 2006
SUBJECT: Representatives Union Negoiations
CONTACT PERSON: Rick Cisar, City Administrator
SUMMARY: Councilman Champeaux and Councilman Seehuus recently completed contract negotiations with Local Union No. 763 Law Enforcement Officers. I have recently notified the Public Professinal & Office-Clerical Employees and Drivers Local Union 763 that we wish to amend the present agreement. Therefore, I am reccommending that Councilman Champeaux and Councilman Seehuus continue in their roles as members of the Negotiating Representatives for the City.
FISCAL IMPACT: None
RECOMMENDED Approval of Councilman Champeaux and Councilman
ACTION: Seehuus to serve as City Negotiating Representatives for the Public Professional & Office-Clerical Employees and Drivers Local Union 763 Agreement.
_____________________________________________________________________
COUNCIL ACTION:
DATE:
SULTAN CITY COUNCIL
AGENDA ITEM COVER SHEET
ITEM NO: Consent C 4
DATE: February 22, 2006
SUBJECT: Library Board Appointment
CONTACT PERSON: Laura Koenig, Clerk/Treasurer
SUMMARY: The Sultan Library Board has requested the confirmation of Robin Maberry to the open position on the board.
FISCAL IMPACT:
RECOMMENDED Appointment of Robin Maberry to the Library Board.
ACTION:
COUNCIL ACTION:
DATE:
SULTAN CITY COUNCIL
AGENDA ITEM COVER SHEET
ITEM NO: A - 1
DATE: February 22, 2006
SUBJECT: Task Order 2006-1
Amendment No. 1 to Water System Plan
CONTACT PERSON: Public Works Director Dunn
Engineer Stack
SUMMARY:
The Water System Plan was prepared based on the population projections developed for the City “Comprehensive Plan” through Snohomish County Tomorrow. The final draft of the Water System Plan was written to reflect the consensus agreement by the City of the anticipated development as foreseen in November 2004.
Conditions have changed dramatically, however, the revised anticipated development is a substantial increase in equivalent residential units that were projected in the Water System Plan as adopted.
Berryman and Henigar will assist the City in amending the Water System Plan to serve such development as desired by the City through consulting services as directed by the Public Works Director in the following steps:
Develop revised water service area map showing proposed developments,
Provide revised population projections and water demands,
Create a draft Amendment No. 1 to the Water System Plan, and
Meet with the City Council to assist with the adoption of the Amendment.
FISCAL IMPACT:
The steps mention above can be completed within approximately 32 work hours for a consulting fee not to exceed $5,000.
RECOMMENDED ACTION:
Approve Task Order 2006-1 for Amendment No.1 to the Water System Plan and authorize the Mayor to sign the Task Order.
COUNCIL ACTION:
DATE:
16 January 2006
Ben Tolson, Mayor
City of Sultan
P. O. Box 1199
Sultan, WA 98294 40188.18.012
Subject: Task Order 2006-1 to
Professional Services Agreement dated 1 March 1999
Amendment No. 1 to Water System Plan
The Water System Plan was prepared based on the population projections developed for the City “Comprehensive Plan” through Snohomish County Tomorrow. The final draft of the Water System Plan was written to reflect the consensus agreement by the City of the anticipated development as foreseen in November 2004.
Conditions have changed dramatically however. The Sewer Availability Chart prepared by the City as revised through 31 December 2005 shows the anticipated development of substantially more equivalent residential units (ERU) than were projected in the Water System Plan as adopted and as summarized below:
Approved Developer Extensions 249 nits
Developer Extensions under Review 396 units
Pending Developer Extensions 754 units
Total 1,399 units
Some of these developments are outside the growth management area presently approved for the City. However, the GMA does not limit water service to within the UGA as it does with sewers. Berryman & Henigar will assist the City in amending the Water System Plan to serve such development as desired by the City through providing consulting services as directed by the Public Works Director in the following steps:
1. Develop revised water service area map showing proposed developments
2. Provide revised population projections and water demands
3. Create a draft Amendment No. 1 to the Water System Plan
4. Meet with the City Council to assist with adoption of the Amendment
We believe these steps can be completed within about 32 work hours for a consulting fee not to exceed $5,000. The work effort is anticipated will be completed within about six weeks following authorization.
Sincerely,
________________________________ ______________________________
Craig Chambers, Director of Engineering Ben Tolson, Mayor Date
Berryman & Henigar Inc.
______________________________
Connie Dunn, Public Works Director
`SULTAN CITY COUNCIL
AGENDA ITEM COVER SHEET
ITEM NUMBER: Action A-2
DATE: February 22, 2006
SUBJECT: Adoption of Ordinance Number 908-06 levying a tax equal to six percent of the monthly service charges for Water, Sewer, and Garbage Services. Companion Ordinances 910-06, 911-06 and 912-06 clarifying that this tax will be added to utility customer’s bill also have been prepared.
CONTACT PERSON: City Attorney,Thom Graafstra and Rick Cisar, City Administrator
SUMMARY: City Council on February 8, 2006 conducted a Public Hearing on Ordinance 908-06 and thereafter during regular session introduced the Ordinance for First Reading and passed it on to Second Reading.
PREVIOUS SUMMARY: Staff has prepared Ordinance 908-06 to implement the Recommedations of the Prothman Organizational Assessment Report to provide for additional revenues to maintain our current levels of service. The Ordinance will levy a tax equal to six percent of the gross revenue received by the City derived from each customer’s monthly service charge for Water, Sewer, and Garbage. The Prothman Report estimates an annual revenue increase of approximately $102,000. The report also noted most Cities in the State have established the utility tax as a means of funding General Fund Services.
FISCAL IMPACT: Staff time in preparing and processing the Ordinance.
RECOMMENDED Adoption of Ordinance Number 908-06 on Second Reading.
ACTION:
_____________________________________________________________________
COUNCIL ACTION:
DATE:
CITY OF SULTAN
ORDINANCE NO. 908-6
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SULTAN, WASHINGTON REVISING CHAPTER 3.52 SULTAN MUNICIPAL CODE BY AMENDING SECTION 3.52.010 C. “TELEPHONE BUSINESS,” AMENDING SECTION 3.52.010 TO ADD SUBSECTIONS D “COMPETITIVE TELEPHONE SERVICE” AND E “CELLULAR TELEPHONE SERVICE”, AMENDING SECTION 3.53.020 A TO ADD SUBSECTIONS 4 “SEWER”, 5 “WATER”, AND 6 “GARBAGE”, IMPOSING A 6% UTILITY TAX ON THE SAME, AND TO ADD SECTION 3.52.045 “ALLOCATION OF INCOME CELLULAR TELEPHONE SERVICE”.
It is hereby ordained by the City Council of the City of Sultan, Washington as follows:
Section 1. Sultan Municipal Code Section 3.52.010 C is hereby amended to read as follows:
C. "Telephone business" means the providing by any person of access to a telephone network, telephone network switching service, toll service, or coin telephone services, or the providing of telephonic, video, data, or similar communication or transmission for hire, via a telephone network, toll line or channel, cable, microwave, or similar communication or transmission system. It includes cooperative or farmer line telephone companies or associations operating an exchange. It also includes the provision of transmission to and from the site of an internet provider via a telephone network, toll line or channel, cable, microwave, or similar communication or transmission system. Telephone business does not include the providing of competitive telephone service, the providing of cable television service, the providing of broadcast services by radio or television stations, nor the provision of internet service as defined in RCW 82.04.297, including the reception of dial-in connection, provided at the site of the internet service provider.
Section 2. Sultan Municipal Code Section 3.52.010 is hereby amended to add subsections D and E to read as follows:
D. "Competitive telephone service" means the providing by any person of telecommunications equipment or apparatus, or service related to that equipment or apparatus such as repair or maintenance service, if the equipment or apparatus is of a type which can be provided by persons who are not subject to regulation as telephone companies under Title 80 RCW and for which a separate charge is made.
E. "Cellular telephone service" means a two-way voice and data telephone/telecommunications system based in whole or substantially in part on wireless radio communications and which is not subject to regulation by the Washington Utilities and Transportation Commission (WUTC). This includes cellular mobile service. The definition of cellular mobile service includes other wireless radio communications services such as specialized mobile radio (SMR), personal communications services (PCS), and any other evolving wireless radio communications technology that accomplishes a purpose similar to cellular mobile service.
Section 3. Sultan Municipal Code Section 3.52.020 A is hereby amended to add subsections 4, 5 and 6 to read as follows:
4. Sewer. There shall be levied upon the City of Sultan a tax equal to six percent of the gross revenue derived from each customer’s monthly service charge for sewer service within or without the city but provided by the City of Sultan.
5. Water. There shall be levied upon the City of Sultan a tax equal to six percent of the gross revenue derived from each customer’s monthly service charge for water service within or without the city but provided by the City of Sultan.
6. Garbage. There shall be levied upon the City of Sultan a tax equal to six percent of the gross revenue derived from each customer’s monthly service charge for garbage collection service within or without the city but provided by the City of Sultan.
Section 4. Chapter 3.52 Sultan Municipal Code is hereby amended to add a new section 3.52.045 “Allocation of Income Cellular Telephone Service” reading as follows:
A. Service Address. Payments by a customer for the telephone service from telephones without a fixed location shall be allocated among taxing jurisdictions to the location of the customer’s principal service address during the period for which the tax applies.
B. Presumption. There is a presumption that the service address a customer supplies to the taxpayer is current and accurate, unless the taxpayer has actual knowledge to the contrary.
C. Roaming Phones. When the service is provided while a subscriber is roaming outside the subscriber’s normal cellular network area, the gross income shall be assigned consistent with the taxpayer’s accounting system to the location of the originating cell site of the call, or to the location of the main cellular switching office that switched the call.
D. Dispute Resolution. If there is a dispute between or among the city and one or more other cities, as to the service address of a customer who is receiving cellular telephone services and the dispute is not resolved by negotiation among the parties, then the dispute shall be resolved by the city and the other city or cities by submitting the issue for settlement to the Association of Washington Cities (AWC). Once the taxes on the disputed revenues have been paid to one of the contesting cities, the cellular telephone service company shall have no further liability with respect to additional taxes on the disputed revenues so long as it changes its billing records for future revenues to comport with the settlement facilitated by AWC.
Section 5. If any section of this ordinance, or if any subsection or part shall be declared unlawful, the balance of this ordinance, and of each section shall remain in full force and effect.
Section 6. 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 February 2006.
CITY OF SULTAN
By____________________________
BEN TOLSON, Mayor
ATTEST:
By__________________________________
LAURA KOENIG, City Clerk
Approved as to form:
By___________________________________
THOM H. GRAAFSTRA, City Attorney
Date of Publication:
SULTAN CITY COUNCIL
AGENDA ITEM COVER SHEET
ITEM NUMBER: Action A-3
DATE: February 22, 2006
SUBJECT: Adoption of Ordinance Number 910-06 clarfying Sewer Rates are exclusive of any utility tax imposed. Companion Ordinance to Ordinance Number 908-06.
CONTACT PERSON: City Attorney,Thom Graafstra and Rick Cisar, City Administrator
SUMMARY: City Council on February 8, 2006 conducted a Public Hearing on Ordinance 910-06 and thereafter during regular session introduced the Ordinance for First reading and passed it on to Second Reading.
PREVIOUS SUMMARY: Staff has prepared Ordinance 910-06 which is a Companion Ordinance to Ordinance Number 908-06 which levied the six percent utility tax on Sewer, Water, and Garbage. This Ordinance clarifys that sewer rates are exclusive of any utility tax imposed and billings to customers will be charged base on the current rate schedule and in addition to the six percent utility tax.
FISCAL IMPACT: Staff time in preparing and processing the Ordinance.
RECOMMENDED Adoption of Ordinance Number 910-06 on Second Reading.
ACTION:
_____________________________________________________________________
COUNCIL ACTION:
DATE:
CITY OF SULTAN
ORDINANCE NO. 910-06
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SULTAN, WASHINGTON AMENDING SECTION 13.08.030 SULTAN MUNICIPAL CODE (SEWER) BY ADDING SUBSECTION G CLARIFYING THAT SEWER RATES UNDER SULTAN MUNICIPAL CODE 13.08.030 A ARE EXCLUSIVE OF UTILITY TAX LEVIED ON THE CITY AND WILL BE INCREASED BY THE AMOUNT OF ANY UTILITY TAX LEVIED
It is hereby ordained by the City Council of the City of Sultan, Washington, as follows:
Section 1. Section 13.08.030 Sultan Municipal Code is hereby amended to add a new subsection G reading as follows:
G. All rates imposed under subsection A of this section are exclusive of any Utility Tax imposed on the city, and all billings to customers will be charged based upon the rate set out in subsection A and in addition the Utility Tax assessed against the city.
Section 2. If any section of this ordinance, or if any subsection or part shall be declared unlawful, the balance of this ordinance and of each section shall remain in full force and effect.
Section 3. 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 February, 2006.
CITY OF SULTAN
By____________________________
BEN TOLSON, Mayor
ATTEST:
By__________________________________
LAURA KOENIG, City Clerk
Approved as to form:
By___________________________________
THOM H. GRAAFSTRA, City Attorney
Date of Publication:
SULTAN CITY COUNCIL
AGENDA ITEM COVER SHEET
ITEM NUMBER: Action A-4
DATE: February 22, 2006
SUBJECT: Adoption Ordinance Number 911-06 clarfying Water Rates are exclusive of any utility tax imposed. Companion Ordinance to Ordinance Number 908-06.
CONTACT PERSON: City Attorney,Thom Graafstra and Rick Cisar, City Administrator
SUMMARY: City Council on February 8, 2006 conducted a Public Hearing on Ordinance Number 911-06 and therafter during regular session introduced the Ordinance on First Reading and passed it on to Second Reading.
PREVIOUS SUMMARY: Staff has prepared Ordinance 911-06 which is a companion Ordinance to Ordinance Number 908-06 which levied the six percent utility tax on Sewer, Water, and Garbage. This Ordinance clarifys that Water Rates are exclusive of any utility tax imposed and billings to customers will be charged base on the current rate schedule and in addition to the six percent utility tax.
FISCAL IMPACT: Staff time in preparing and processing the Ordinance.
RECOMMENDED Adoption of Ordinance Number 911-06 on Second
ACTION: Reading.
_____________________________________________________________________
COUNCIL ACTION:
DATE:
CITY OF SULTAN
ORDINANCE NO. 911-06
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SULTAN, WASHINGTON AMENDING SECTION 13.12.080 SULTAN MUNICIPAL CODE (WATER) BY ADDING SUBSECTION E CLARIFYING THAT ALL RATES UNDER SULTAN MUNICIPAL CODE 13.12.080 A ARE EXCLUSIVE OF UTILITY TAX LEVIED ON THE CITY AND WILL BE INCREASED BY THE AMOUNT OF ANY UTILITY TAX LEVIED
It is hereby ordained by the City Council of the City of Sultan, Washington as follows:
Section 1. Section 13.12.080 Sultan Municipal Code is hereby amended to add a new subsection E reading as follows:
E. All rates imposed under subsection A of this section are exclusive of any Utility Tax imposed on the city, and all billings to customers will be charged based upon the rate set out in subsection A and in addition the Utility Tax assessed against the city.
Section 2. If any section of this ordinance, or if any subsection or part shall be declared unlawful, the balance of this ordinance and of each section shall remain in full force and effect.
Section 3. 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 February, 2006.
CITY OF SULTAN
By____________________________
BEN TOLSON, Mayor
ATTEST:
By__________________________________
LAURA KOENIG, City Clerk
Approved as to form:
By___________________________________
THOM H. GRAAFSTRA, City Attorney
Date of Publication:
SULTAN CITY COUNCIL
AGENDA ITEM COVER SHEET
ITEM NUMBER: Action A-5
DATE: February 22, 2006
SUBJECT: Adoption Ordinance Number 912-06 clarfying Garbage Rates are exclusive of any utility tax imposed. Companion Ordinance to Ordinance Number 908-06.
CONTACT PERSON: City Attorney,Thom Graafstra and Rick Cisar, City Admistrator
SUMMARY: City Council on February 8, 2006 conducted a Public Hearing on Ordinance 912-06 and thereafter during regular session introduced the Ordinance for first Reading and passed it on to Second Reading.
PREVIOUS SUMMARY: Staff has prepared Ordinance 912-06 which is a companion Ordinance to Ordinance Number 908-06 which levied the six percent utility tax on Sewer, Water, and Garbage. This Ordinance clarifys that Garbage Rates are exclusive of any utility tax imposed and billings to customers will be charged base on the current rate schedule and in addition to the six percent utility tax.
FISCAL IMPACT: Staff time in preparing and processing the Ordinance.
RECOMMENDED Adoption of Ordinance 912-06 on Second Reading.
ACTION:
_____________________________________________________________________
COUNCIL ACTION:
DATE:
CITY OF SULTAN
ORDINANCE NO. 912-06
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SULTAN, WASHINGTON AMENDING SECTION 13.16.140 SULTAN MUNICIPAL CODE (GARBAGE) BY ADDING SUBSECTION 8 CLARIFYING THAT ALL FEES AND CHARGES ARE EXCLUSIVE OF UTILITY TAX LEVIED ON THE CITY AND WILL BE INCREASED BY THE AMOUNT OF ANY UTILITY TAX LEVIED
It is hereby ordained by the City Council of the City of Sultan, Washington as follows:
Section 1. Section 13.16.160 Sultan Municipal Code is hereby amended to add a new subsection 8 reading as follows:
8. All fees and rates under this section are exclusive of any Utility Tax imposed on the City, and all billings to customers will be charged based upon the fee or rate set out in this section and in addition the Utility Tax assessed against the City.
Section 2. If any section of this ordinance, or if any subsection or part shall be declared unlawful, the balance of this ordinance and of each section shall remain in full force and effect.
Section 3. 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 February, 2006.
CITY OF SULTAN
By____________________________
BEN TOLSON, Mayor
ATTEST:
By__________________________________
LAURA KOENIG, City Clerk
Approved as to form:
By___________________________________
THOM H. GRAAFSTRA, City Attorney
Date of Publication:
SULTAN CITY COUNCIL
AGENDA ITEM COVER SHEET