SULTAN CITY COUNCIL MEETING
319 MAIN STREET
October 26, 2006
6:30 PM Public Hearing on 2007 Property Tax Levy
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 form 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 October 12, 2006 regular Council Meeting.
2) Approval of Vouchers
ACTION ITEMS:
1) Ordinance 937-06 - 2007 Property Tax Levy - 1st reading
2) Ordinance 938-06 - 2007 Police Bond Tax Levy - 1st reading
3) Ordinance 918-06 - Critical Areas Ordinance - 1st reading
4) City Administrator Contract
5) WWTP Scope of Work for Design Contract
6) Hazard Mitigation Grant Application
DISCUSSION: Time Permitting
1) Hearing Examiner - Final Determination on land use issues.
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 Communit y 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
Date: October 26, 2006
Agenda Item #: Consent C 1
SUBJECT: Council minutes
CONTACT PERSON: Laura Koenig, City Clerk
SUMMARY STATEMENT:
Attached are the minutes of the October 12, 2006 regular Council meeting, as on file in the Office of the City Clerk.
RECOMMENDATION: Approval as submitted.
Action Date:
COUNCIL ACTION:
1-06
CITY OF SULTAN COUNCIL MEETING – October 12, 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 and Boyd.
Student Representative: Sonaly Sayavong
CHANGES/ADDITIONS TO THE AGENDA:
Add: Presentation – Wold Corner Dedication
Add: Executive Session – Applicant Qualifications
PRESENTATION:
Wold Corner Dedication: Mayor Tolson read and presented the resolution dedicating the Sultan Basin and US Highway 2 Intersection as Wold Corner to Marie Wold.
COMMENTS FROM THE PUBLIC
Janet Peterson: Requested the Council’s assistance with the city tax being charged by PSE on a water heater rental. The City staff has called and written letters to PSE advising them that there should be no tax on the rental but the tax is still being charged. Recommended that the Mayor send a letter to PSE.
Jeff Aiken: Thanked the Council for preparing a resolution of support for the police levy. Noted that there are some opposition signs that have been posted and this will make them work harder to pass the levy.
Kathy Immel: Advised that the County has been working with her to put up warning signs and to schedule the repair work on Rice Road, however the repair is scheduled during the time that the Sultan Basin Road will be closed. Requested that the City contact the County to coordinate the repair so it will not create a major traffic impact by having both roads closed at the same time.
COUNCILMEMBERS COMMENTS:
Slawson: Advised that he went on the Snohomish County Tomorrow bus tour and it was an interesting tour of new innovative design for lots and development. He advised that one development used a covered retention pond for a tot lot and the developer was able to build on the lot that would have been reserved for a tot lot.
Champeaux: Thanked the staff for the City tour. It was interesting and he was able to see where the developments are occurring. Would like to see staff pursue the tax problem with PSE.
Boyd: Thanked the staff for the city tour. Recommended that the staff ask the Fire District to help with the County Public Works plan to close two roads at the same time.
Blair: Thanked staff for the city tour. Would like to see staff follow up on the issue with tax being charged on the gas heater rental.
Mayor Tolson: Announced that the City received a $10,000 donation for the Skateboard Park from Sultan 144 LLC.
1-06
CITY OF SULTAN COUNCIL MEETING – October 12, 2006
STAFF REPORTS:
Public Works: Connie Dunn, Public Works Director, thanked the Council for attending the tours. Advised that the WWTP Engineering report has been sent to DOH for review. The Sultan Basin Road will be closed October 16th and it may be necessary to detour traffic to Rice Road for up to four weeks.
Grants: Donna Murphy advised that the ribbon cutting for Wold Corner will be in late November.
Advised that the City has received a notice from CTED regarding the Critical Area Ordinance and the need for the city to be in compliance with the requirements to adopt an ordinance in order to qualify for a loan from PWTF for the sewer plant design.
Brief discussion was held regarding the need to include a map or reference a map in the ordinance.
Finance: Gordon Hey advised that staff is working on the 2007 budget and should be ready for workshops to receive Council and public input by the end of the month.
Police: Chief Walser advised that calls for service are up in the schools and he would like to have a joint meeting with the School Board to discuss funding for an Officer in the schools. Advised that he received a $3,500 grant from WSTC for a portable radar unit. Thanked Laura Koenig for the tutor session on the new financial software. Advised that efforts are being made to have Highway 2 designated as a Safety Corridor which would include traffic fines and provide dedicated funds for improvements.
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 Flower, the consent agenda was approved as presented. Champeaux – aye; Wiediger – aye, abstained on the minutes; Slawson – aye; Seehuus - aye; Flower – aye; Blair – aye, Boyd – aye.
ACTION ITEMS:
Public Works Union Contract: Councilmember Seehuus reviewed the revisions to the contract. On a motion by Councilmember Flower, seconded by Councilmember Slawson, the Public Works Employee Union Contract was approved and the Mayor was authorized to sign the contract. All ayes.
Ordinance 936-06 Budget Amendment: Gordon Hey reviewed the proposed amendments to the 2006 Budget. On a motion by Councilmember Seehuus, seconded by Councilmember Flower, Ordinance 936-06, Budget Amendment, was adopted. All ayes.
2007 Budget Workshop Schedule: Gordon Hey, Interim Finance Director, advised that staff is finalizing the 2007 preliminary budget and it will be necessary to schedule Council workshops and the required public hearings. The following dates were set for workshops: November 2nd at 7:00 PM and November 16th at 7:00 PM. Public Hearings were set for November 21 and December 14, 2006. The November 22, 2006 Council meeting was changed to November 21, 2006.
1-06
CITY OF SULTAN COUNCIL MEETING – October 12, 2006
Resolution 06-15 Police Levy Support: On a motion by Councilmember Boyd, seconded by Councilmember Flower, Resolution 06-15 supporting the Police Levy was adopted. All ayes.
Public Comments:
Loretta Storm: Supports the resolution.
Dave Hellman: It is important to support the police. Doesn’t like to see crime in the town.
Jeff Aikens: Thanked the Council for their support. The Committee is determined to get the levy passed.
Resolution 06-08 Wold Corner: On a motion by Councilmember Seehuus, seconded by Councilmember Champeaux, Resolution 06-08 designating the Sultan Basin Road intersection as Wold Corner was adopted. All ayes.
DISCUSSION ITEMS:
Water/Sewer Connection Charges: Connie Dunn discussed using the existing rate study to increase connection fees as an interim measure while the rate study is being completed. Brief discussion was held regarding using the prior study for a basis and the need to stay within the limits of that study for funding improvements. Staff was directed to set a public hearing on the proposed rates.
PUBLIC COMMENTS
Loretta Storm: Congratulated the Council for considering an increase to the water/sewer connection charges and recommended that they review the traffic impact fees also.
Garth York; Advised that he has not received a response from the city on his letter regarding park fees.
COUNCIL COMMENTS
Councilmembers: Expressed concern that Mr. York has not received a response to his letter on the park fees.
Executive Session: On a motion by Councilmember Seehuus, seconded by Councilmember Champeaux, the Council adjourned to executive session for twenty minutes to discuss Union Negotiations and review the qualifications of applicants. All ayes.
City Administrator: Mayor Tolson requested that the Council confirm the appointment of Deborah Knight as the City Administrator. On a motion by Councilmember Flower, seconded by Councilmember Champeaux, the appointment of Deborah Knight as the City Administrator was confirmed.
Adjournment: On a motion by Councilmember Blair, seconded by Councilmember Champeaux, the meeting adjourned at 9:15 PM.
Benjamin Tolson, Mayor
Laura J. Koenig, Clerk/Treasurer.
SULTAN CITY COUNCIL
AGENDA ITEM COVER SHEET
Date: October 26, 2006
Agenda Item #: Consent C 2
SUBJECT: Voucher Approval
CONTACT PERSON: Laura Koenig, City Clerk/Deputy Finance
SUMMARY STATEMENT:
Approval of Vouchers in the amounts of $374,252.26 and payrolls through October 6, 2006 in the amount of $91,076.51 to be drawn and paid on the proper accounts.
FISCAL IMPACTS: Expenditure Required: $465,328.77
RECOMMENDATION: Recommend approval as submitted.
COUNCIL ACTION:
SULTAN CITY COUNCIL
AGENDA ITEM COVER SHEET
Date: October 26, 2006
Agenda Item #: Action A 1
SUBJECT: 2007 Property Tax Levy
CONTACT PERSON: Laura Koenig, City Clerk
SUMMARY: In accordance with RCW 84.55.120, a taxing district with regular levies must hold a public hearing on the proposed increase and use of property tax funds. The ordinance must be adopted and filed with the County on or before November 30th.
Ordinance 937-06 sets the regular property tax levy for 2007 and provides for a 1% increase ($5,946) over last years levy. Include in the total levy amount is $30,773 for new construction and $5,349 in refunded amounts. The total tax levy is $636,663.
RECOMMENDATION: Introduction of Ordinance 937-06 setting the 2007 Property Tax Levy and pass on to a second reading.
Action Date:
COUNCIL ACTION:
CITY OF SULTAN
SULTAN WASHINGTON
ORDINANCE 937-06
AN ORDINANCE OF THE CITY OF SULTAN FIXING THE AMOUNT
OF TAXES TO BE LEVIED ON TAXABLE PROPERTY WITHIN THE
CITY OF SULTAN FOR THE YEAR 2007
WHEREAS, the City of Sultan has met and considered its budget for the calendar year 2007; and
WHEREAS, the City Council of the City of Sultan after hearing and after duly considering all relevant evidence and testimony presented, determined that the City of Sultan requires a regular levy in the amount of $636,663, which includes an increase in property tax revenue from the previous year, and amounts resulting from the addition of new construction and improvements to property and any increase in the value of state-assessed property, and amounts authorized by law as a result of any annexations that have occurred and refunds made, in order to discharge the expected expenses and obligations of the district and in its best interest; not therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SULTAN that an increase in the regular property tax levy is hereby authorized for the 2007 levy in amount of $5,946 which is a percentage increase of 1% from the previous year. This increase is exclusive of additional revenue resulting from the addition of new construction and improvements to property and any increase in the value of state assessed property, and any additional amounts resulting from any annexations that have occurred and refunds made.
Severability: If any provisions of this ordinance or its application to any person or circumstance are held invalid, the remainder of the ordinance or applications of the provisions of the ordinance to other person or circumstances is not affected.
Effective Date: This ordinance shall be in full force and effect five days after publication as required by law.
REGULARLY ADOPTED this day of day of November, 2006
Benjamin Tolson, Mayor
Attest:
Laura J. Koenig, City Clerk/Treasurer
Approved as to form:
Thom Graafstra, City Attorney
Published:
SULTAN CITY COUNCIL
AGENDA ITEM COVER SHEET
Date: October 26, 2006
Agenda Item #: Action A 2
SUBJECT: 2007 Property Tax Levy – Police Bond
CONTACT PERSON: Laura Koenig, City Clerk
SUMMARY: Ordinance 938-06 sets the property tax levy for 2007 for the Police Bonds approved by the voters in September 2004. The total tax levy is $31,465.
RECOMMENDATION: Introduction of Ordinance 938-06 setting the 2007 Property Tax Levy for the Police Bond and pass on to a second reading.
Action Date:
CITY OF SULTAN
SULTAN WASHINGTON
ORDINANCE 938-06
AN ORDINANCE OF THE CITY OF SULTAN FIXING THE AMOUNT
OF TAXES TO BE LEVIED FOR THE GENERAL OBLIGATION BONDS
AS APPROVED BY THE VOTERS ON TAXABLE PROPERTY WITHIN THE
CITY OF SULTAN FOR THE YEAR 2007
WHEREAS, Proposition No. 1 Emergency Radio System and Health and Safety Bonds was approved by the voters on September 14, 2004, and
WHEREAS, that election allowed bonds to be issued and a regular property tax to be levied each year for a maximum term of 20 years, and
WHEREAS, the bonds have been issued and taxes need to be collected, now therefore
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SULTAN that Snohomish
County tax the City’s taxpayers for the year 2007 for a total of Thirty one thousand four hundred sixty five dollars and 00/100 ($31,465.00) so as to cause collection of these funds to cover the cost of the required bond debt service payments.
Effective Date: This ordinance shall be in full force and effect five days after publication as required by law.
REGULARLY ADOPTED this day of day of November 2006.
Benjamin Tolson, Mayor
Attest:
Laura J. Koenig, City Clerk/Treasurer
Approved as to form:
Thom Graafstra, City Attorney
Published:
SULTAN CITY COUNCIL
AGENDA ITEM COVER SHEET
ITEM NO: Action A-3
DATE: October 26, 2006
SUBJECT: Adoption of Ordinance Number 918-06 amending Chapters 16.80,16.68,and16.84 into a new Chapter 16.80 to be known as the City of Sultan Critical Areas Regulations (CAR)
CONTACT PERSON: Rick Cisar, Director of Community Development
SUMMARY: Mapping of Wetlands and Stream types were discussed at the September 28, 2006 City Council Meeting. I indicated several maps were available that identified the presence of Wetlands and also identified Streams by Type. The Rivers and Streams Map and Wetlands Map in the Map Folio of our Comprehensive Plan show for general information purposes Water Courses from information obtained from Snohomish County and other sources. The map further notes “Actual conditions should be field verfied to determine stream location and type in specific locations”. The Wetlands Map identifies wetland locations derived from aerial photography and other sources. The map also notes “Locations and identification are approximate and may need to be field verifed to determine regulatory status. This map should be used for general information only.
Both maps also include the following language: “No warranty is made concerning the accuracy, currency, or completeness of data depicted on this map.”
The typing of both Wagley’s Creek and Winters Creek north of the oxbow are indentified as Type 3 Streams with a 100 foot buffer. The typing, again, is based on information from Snohomish County and other sources.
PREVIOUS
SUMMARY: During our discussion concerning the Critical Areas Regulations(CAR) I reviewed the changes in the buffers for both streams and wetlands and noted they were accepatable to the Departments of Ecology and Fish and Wildlife. Staff and our Consultants had made every effort to minimize the buffers and still meet the Department of Ecology’s Best Available Science criteria.
To further reduce the buffers, the City again, through a consultant, would have to justify the reduction for all buffers on a City wide basis. The reductions would necessitate an overall mitigation plan supporting Best Available Science for the buffers. Implementation of the plan would occur over the next 7 years at which time the CAR update and review cycle would begin. My estimated cost is approximately $30,000 to$40,000 for the study to justify the reduction and $60,000 for the mitigation plan. In light of the above costs and the potential finanical consequences of failing to adopt the CAR, I would urge City Council to bring the CAR Ordinance back for reconsideration, introduction on First Reading, and passage onto Second Reading.
PREVIOUS
SUMMARY: 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 combine effort of City Consultants and 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. Adoption of the regulations will complete the last remaining requirement of the City to comply with the Growth Management Act.
FISCAL IMPACT: Staff and Consultant time in preparing and processing the revised regulations. Loss of future Loans and Grant funding requests until the updated CAR is approved.
RECOMMENDED Bring Ordinance 918-06 back to City Council for
ACTION: consideration. Pass Ordinance Number 918-06 on First Reading and waive Second Reading (Note: Ordinance was introduced for First Reading on September 14, 2006 and failed to pass.)
_____________________________________________________________________
COUNCIL ACTION:
SULTAN CITY COUNCIL
AGENDA ITEM COVER SHEET
Date: October 26, 2006
Agenda Item #: Action A 4
SUBJECT: City Administrator Employment Contract
CONTACT PERSON: Ben Tolson, Mayor
SUMMARY: The Mayor will provide the final contract to the Council.
RECOMMENDATION: Authorization for the Mayor to sign the employment contract with Deborah Knight for the City Administrator position.
Action Date:
COUNCIL ACTION:
SULTAN CITY COUNCIL
AGENDA ITEM COVER SHEET
ITEM NO: A - 5
DATE: October 26 2006
SUBJECT: Scope of Work
Design of Wastewater Treatment Plant
2009 Upgrade
CONTACT PERSON: Public Works Director Dunn
SUMMARY: In January of this year we negotiated a scope of work with Brown and Caldwell for the writing of a Engineering Report/Facilities Plan for the future upgrade of City of Sultan Wastewater Treatment Plant. We did not include the design of that upgrade in that scope of work
July 13, 2006 the Council authorized the preparation of a scope of work with Brown and Caldwell for the design of the WWTP Upgrade.
September 28, 2006 the Council approved staff and Brown and Caldwell to refine the Scope of Work. The revised scope of work is presented for your review and approval.
To keep on schedule, the design of the upgrade will need to start as soon as we secure funding as this in not a budgeted item. Construction needs to start in 12 – 18 months.
FISCAL IMPACT:
RECOMMENDED
ACTION: Authorize Mayor Tolson to sign a contract and scope of work with Brown and Caldwell for the design of the Upgrade for the City of Sultan Wastewater Treatment Plant subject to securing funding for the work.
COUNCIL ACTION:
SULTAN CITY COUNCIL
AGENDA ITEM COVER SHEET
Date: October 26, 2006
Agenda Item #: A 6
SUBJECT: Hazard Mitigation Grant Application
CONTACT PERSON: Donna Murphy Grants and Economic Development
SUMMARY STATEMENT: Application to the Department of Military Emergency Management for a grant to purchase a repetitive flood loss house and lot. The house is located at 105 Alder Avenue and the willing seller is Chris Damianidis.
FISCAL IMPACTS: Cost of the property is unknown at the time of this writing. Information will be provided at the Council meeting. There is a 25% match on this grant program.
RECOMMENDATION: Staff recommends approval of this grant application.
COUNCIL ACTION:
Action Date:
SULTAN CITY COUNCIL
AGENDA ITEM COVER SHEET
ITEM NO: Discussion D 1
DATE: October 26, 2006
SUBJECT: Hearing Examiner Determinations
CONTACT PERSON: Rick Cisar, Community Development Director
SUMMARY: In response to Councilman Slawson’s inquiry to consider making the Hearing Examiner’s actions final, I contacted our Hearing Examiner John Galt for assistance. Mr. Galt’s response is attached for City Council’s review and consideration. I have also included our current Development Permit Approval Process to compare with the infromation provided by Mr. Galt.
FISCAL IMPACT: Staff time in researching the decision process.
RECOMMENDED Discussion item, no Action requested at this time
ACTION:
_____________________________________________________________________
COUNCIL ACTION:
DATE: