SULTAN CITY COUNCIL MEETING
319 MAIN STREET
October 12, 2006
7:00 PM CALL TO ORDER - Pledge of Allegiance and Roll Call
CHANGES/ADDITIONS TO THE AGENDA
PRESENTATIONS
COMMENTS FROM THE PUBLIC: Citizens are requested to keep comments to a 3 minute maximum to allow time for everyone to speak. It is also requested that you complete a comment from for further contact.
COUNCILMEMBER COMMENTS
HEARINGS
STAFF REPORTS
1) Public Works
2) Grant Report
3) Finance
4) Police
CONSENT AGENDA: The following items are incorporated into the consent agenda and approved by a single motion of the Council.
1) Minutes of the September 28, 2006 regular Council Meeting.
2) Minutes of the Public Hearing on 2006 Budget Amendments
3) Approval of Vouchers
ACTION ITEMS:
1) Public Works Union Contract
2) Ordinance 936-06 Budget Amendments
3) Set Workshops for 2007 Budget
4) Resolution 06-15 Police Levy
5) Resolution 06-08 Wold Corner
DISCUSSION: Time Permitting
PUBLIC COMMENT ON AGENDA ITEMS ONLY
COUNCILMEMBER RESPONSE TO PUBLIC COMMENT ON AGENDA ITEMS
Executive Session: Union Negotiations
Adjournment - 10:00 PM or at the conclusion of Council business.
ADA NOTICE: City of Sultan Community Center is 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 additional 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
ITEM NO: Consent C 1
DATE: October 12, 2006
SUBJECT: Council Minutes
CONTACT PERSON: Laura Koenig, City Clerk
SUMMARY: Attached are the minutes of the September 28, 2006 regular Council meeting as on file in the offfice of the City Clerk.
FISCAL IMPACT:
RECOMMENDED Approve as submitted.
ACTION:
COUNCIL ACTION:
DATE:
06
CITY OF SULTAN COUNCIL MEETING – September 28, 2006
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: 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 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.
CITY OF SULTAN COUNCIL MEETING – September 28, 2006
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.
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.
06
CITY OF SULTAN COUNCIL MEETING – September 28, 2006
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.
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.
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.
CITY OF SULTAN COUNCIL MEETING – September 28, 2006
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
SULTAN CITY COUNCIL
AGENDA ITEM COVER SHEET
ITEM NO: Consent C 2
DATE: October 12, 2006
SUBJECT: Council Minutes
CONTACT PERSON: Laura Koenig, City Clerk
SUMMARY: Attached are the minutes of the September 28, 2006 2006 Budget Amendment Hearing as on file in the offfice of the City Clerk.
FISCAL IMPACT:
RECOMMENDED Approve as submitted.
ACTION:
COUNCIL ACTION:
DATE:
1-06
CITY OF SULTAN COUNCIL MEETING – September 28, 2006
Public Hearing – Budget Amendments: 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:
None
On a motion by Councilmember Seehuus, seconded by Councilmember Flower, the public hearing was closed. All ayes.
Benjamin Tolson, Mayor
Laura J. Koenig, City Clerk
SULTAN CITY COUNCIL
AGENDA ITEM COVER SHEET
DATE: October 12, 2006
ITEM #: Consent C 3
SUBJECT: Voucher Approval
CONTACT PERSON: Laura Koenig
SUMMARY: Approval of vouchers in the amount of $226,070.59 and payroll through September 22, 2006 in the amount of $55,189.86 to be drawn and paid on the proper accounts.
FISCAL IMPACT: $281,260.45
RECOMMENDED Approval as submitted.
ACTION:
COUNCIL ACTION:
DATE:
SULTAN CITY COUNCIL
AGENDA ITEM COVER SHEET
DATE: October 12, 2006
ITEM #: Action A 1
SUBJECT: Public Works Union Contract
CONTACT PERSON: Councilmember Seehuus
SUMMARY: The Council was provided with a copy of the proposed Public Works Union contract at the last meeting. The Bargaining members have radified the contract. The major changes included using sick leave/vacation as hours worked for overtime calculations and an change to the wage scale for the Receptionist. The contract was extended to December 31, 2007.
FISCAL IMPACT:
RECOMMENDED Approval of the contract and authorization for the Mayor to sign.
ACTION:
SULTAN CITY COUNCIL
AGENDA ITEM COVER SHEET
DATE: October 12, 2006
ITEM #: Action A 2
SUBJECT: Ordinance 936-06 Budget Amendment
CONTACT PERSON: Gordon Hey
SUMMARY: Following the public hearing on September 28, 2006, staff introduced Ordinance 936-06 which provides for a budget amendment to fund a police vehicle, patrol officer, sound system and the Comprehensive Plan update. There are adequate funds available for the requested amendments.
FISCAL IMPACT: $82,218
RECOMMENDED Adoption of Ordinance 936-06
ACTION:
COUNCIL ACTION:
DATE:
OF SULTAN
SULTAN WASHINGTON
ORDINANCE 936-06
AN ORDINANCE OF THE CITY OF SULTAN AMENDING
THE 2006 BUDGET ADOPTED UNDER ORDINANCE 892-05
THE CITY COUNCIL OF THE CITY OF SULTAN DO ORDAIN AS FOLLOWS:
SECTION 1: The 2006 Budget as authorized under Ordinance 892-05 and amended under Ordinance 920-06 for revenues and expenditures for the operation of the City of Sultan for the fiscal year ending December 31, 2006 is amended to increase in the following amounts:
FUND # AND NAME REVENUES/ EXPENDITURES
UNENCUMBERED FUNDS
104 C.R. Equipment $ 36,133 $ 36,133
001 General Fund 26,085 26,085
400 Water Utility 10,000 10,000
401 Sewer Utility 10,000 10,000
Total Amendment $82,218 $ 82,218
A full copy of the amended budget sections are attached and made part of this ordinance by reference.
SECTION 2: The budget for the year 2006 is amended to provide for the changes as outlined above and filed in the office of the City Clerk.
SECTION 3: The City Clerk is hereby directed to transmit the amended budget to the Auditor of the State of Washington, Division of Municipal Corporations.
Severability: This ordinance is severable and if any portion of it shall be declared invalid or unconstitutional, the remaining portion shall remain valid and enforceable.
Effective Date: This ordinance shall be in full force and effect five days after publication as required by law.
REGULARLY ADOPTED this day of , 2006
Benjamin Tolson, Mayor
Attest:
Laura J. Koenig, City Clerk
Approved as to form:
Thom Graafstra, City Attorney
Published:
SULTAN CITY COUNCIL
AGENDA ITEM COVER SHEET
ITEM NO: Action A 3
DATE: October 12, 2006
SUBJECT: Budget Workshops and Public Hearings
CONTACT PERSON: Gordon Hey, Finance Director
SUMMARY: Staff has been working on the City’s 2007 Budget and we need to schedule some workshops and set the public hearing schedule.
We would like to have at least two workshops prior to the first hearing. It will also be necessary to determine when the second meeting in November will be held.
Tenatative dates for the public hearings are November 22, 2006 and December 14, 2006.
FISCAL IMPACT:
RECOMMENDED Set workshop and hearings
ACTION:
SULTAN CITY COUNCIL
AGENDA ITEM COVER SHEET
DATE: October 12, 2006
ITEM #: Action A 4
SUBJECT: Resolution 06-15 Support of Police Levy
CONTACT PERSON:
SUMMARY: A Resolution of support for the Police Levy has been prepared for Council consideration.
FISCAL IMPACT:
RECOMMENDED
ACTION:
CITY OF SULTAN
RESOLUTION NO. 06-15
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SULTAN ENDORSING PROPOSITION 1- POLICE LEVY AND CALLING FOR A FAVORABLE VOTE ON AND VALIDATION OF THE MEASURE
Whereas on September 14, 2006 the City Council of the City of Sultan passed Ordinance 635-06 calling for a vote on a Special Levy of $385,000 at the general election on November 7, 2006 to provide for police vehicles, equipment and officers – Proposition 1;
Whereas on October 6, 2006 notice was given in the following manner that the City Council would consider on October 12, 2006 a resolution endorsing Proposition 1 and calling for a favorable vote and validation of the measure:
The agenda was posted and distributed to the Council and general public.
Whereas this resolution came on for consideration at the City Council meeting of October 12, 2006;
Whereas at the Council Meeting of October 12, 2006 a special opportunity was made available for all citizens to comment pro and con on Proposition 1;
Whereas the Council considered all of the comments received;
Whereas the passage of Proposition 1 is essential to establish and maintain adequate levels of police vehicles, equipment, staffing and services in the City of Sultan;
Now, therefore, it is hereby resolved by the City Council of the City of Sultan supports Proposition 1 and that the Citizens of the City of Sultan should vote in favor of Proposition 1 and vote in sufficient numbers to validate the measure to establish and maintain adequate levels of police vehicles, equipment, staffing and police services in the City of Sultan.
Dated this 12th day of October 2006.
Mayor Benjamin Tolson
Councilmember Champeaux Councilmember Slawson
Councilmember Wiediger Councilmember Seehuus
Councilmember Flower Councilmember Blair
Councilmember Boyd
ATTEST:
Laura Koenig, City Clerk
SULTAN CITY COUNCIL
AGENDA ITEM COVER SHEET
DATE: October 12, 2006
ITEM #: Action A 5
SUBJECT: Resolution
CONTACT PERSON:
SUMMARY: Staff members are working on finalizing the Resolution of support for the dedication of Wold Corner. This will be provided to the Council for discussion at the meeting.
FISCAL IMPACT:
RECOMMENDED
ACTION: