Council Meeting: March 2, 2009

Here is what I found interesting at the last council meeting. As always, I encourage everyone to attend the meetings for yourselves and get the full flavor... Karen

The meeting began with the usual flag salute and agenda approval with executive session for contract negotiations added. Ordinance 1281 was changed to the first item of business (variance request for The Ruston Building, LLC) and junk vehicle discussion was removed with agreement from Council Member Albertson.

Hedrick moved approval of the meeting minutes. With slight corrections, they were approved 5-0

Staff reports:
Fire: January report: 1 fire related call, 4 medical aid. Chief Torbet asked if he could give some input on the proposed fire inspection ordinance. He noted that the town had missed adopting the latest international fire codes. He felt that needed to be done as soon as possible to assist with the inspections. There is 1 new EMT in training and 2 residents staffing during the day in bunkhouse next to Town Hall. Repairs had been completed on the bathroom (via volunteer efforts). The 2008 average response time dropped almost a minute from the previous year. Council Member Stebner asked about the rumor of a street light fire. The chief clarified the call was regarding a street light in the alley of Rust Way during a heavy rain event. Water cascading down the light made it look like a fire from 49th Street, but it was only an illusion.

Police: Chief Kunkel reported that the application period for the police chief had closed on January 31st. The department lost another officer to Des Moines. The mayor asked the chief outline the some of the benefits that enticed the officer away: $ 7,000 signing bonus, $10 more an hour, better family benefits, an assigned car, 401K in addition to retirement. The department is in the process of hiring a new officer with prior police experience who is currently a dispatcher. At the February 12th civil service commission meeting, the commission updated the lateral and entry-level list. In other business, they had an attempted strong-arm robbery they were following up, a domestic violence call, a report of gang graffiti. The department was awarded a $1,900 non-matching grant from Sheriff/Chief Association for new radar and breath tester. The chief also outlined various training completed by several officers.

Business:
Ordinance 1281: Ordinance Pertaining to Variance From Height and Rear Yard Setbacks (First Reading)
The town planner gave overview of the request by Ruston Building LLC for height increase and rear yard set back reduction. The planning commission recommended approval of the request to increase the building height from the allowed 35’ to 39’, 8’’ and allow the rear yard to match existing set back. They set two conditions: 1) the construction permit must be applied for within 24 months and 2) the drawings submitted be substantially the same as what will be built.

The applicant was invited to give an overview of project. They noted the rear yard setback requested matches other buildings in this area on a small parcel. The height variance was architectural issue. The comprehensive plan calls for 3 stories with residential over retail, as is proposed for this building. Normal ceiling heights and canopy requirements for 3 stories on a mixed use building look much better at the requested height. The outdoor canopy can then be placed at least 10’ on street level to avoid being damaged easily. Mixed-use buildings have more fire protection requirements, which requires more space between floors. The roof needs a parapet to screen vents and such. Other jurisdictions don’t include parapet in building height measurements but Ruston does, which further restricts what can be done within the allowable height. They are building a Class A building.

Council Member Huson explained that when he was on the planning commission, they recommended 45’ height in that part of Ruston (to mirror Tacoma’s heights in that area), precisely so there would be room to build a quality building. The town council changed to 35’. He suggested having the issue remanded back to planning commission to be looked at again. Stebner asked about parking and was told there was no need for a variance for parking. The building will have 3 floors as allowed, so parking requirements are adequate. Stebner said the council had been concerned about shadows on the neighborhood when they reduced height allowances to 35’. The applicant noted the issue was looked at for this project. The alley is the only area impacted with this request for a 5’ increase, and it does not block views.

Hedrick confirmed the parking adequate. Albertson was not concerned about heights with this variance; it would not block anyone’s view in Ruston. He thought it was a great project, a dramatic improvement. Council Member Hunt was happy with planning commission/staff review and recommendations.

After some discussion, Huson moved to waive second reading, which passed 5-0. Huson then moved for adoption of the ordinance, which passed 5-0 to clapping from the audience.

Ordinance 1278: Regulation of Private Alarm Systems (Second Reading)
Stebner wanted to know if this included car alarms. It will only apply to home and business alarms. Car alarms can be brought up as separate issue. Hedrick confirmed who is required to obtain permit. Everyone who has an alarm will be included, both monitored and unmonitored since both will bring a police response. Albertson confirmed this was the first reading since there was not a quorum at the last meeting for the first reading. He outlined some changes and the ordinance will come back for a second reading. The fire chief expressed concern because some alarm systems had been set up to call Tacoma in emergencies. The town will work to be sure the correct information is provided as part of the permit process.

Ordinance 1279: Fire Inspections (Second Reading)
Stebner wanted to know why the town the town wouldn’t use the county the fire marshal rather than our department for the inspections. He wanted the issue studied first before voting. The mayor said that in addition to the cost of using Pierce County, immediate actions gives town residents better insurance ratings and gives our department familiarity with the buildings. Chief Torbet felt most departments do these inspections in-house. These pre-incident planning and inspections are going well and benefits everyone.

The ordinance also removes police chief as acting fire chief, bringing the code in line with what has been the practice for 20 years. The town attorney noted the rule was from 1930’s and no longer needed. Stebner expressed concern about daytime coverage. Chief Torbet assured him that coverage is planned for and provided, especially with the resident program. Albertson wanted to be sure businesses know they will be visited and suggested the notice be part of the business license process. Clerk agreed and will implement that change. Chief Torbet outlined what is done now: On the first visit, information is provided to the business on what is required and an appointment is set for a later date. Business are given time to get up to code. If problems found, time is given to make corrections. Goal is to keep people and structures safe. The ordinance passed 4-1 (not sure who voted against)

Attorney asked if he should make changes that were discussed and bring back new ordinance (such as that fire inspections are mandatory). Albertson noted a Supreme Court case that does not allow inspections without a warrant. Chief Torbet let the council know that all these issues of entry procedures and inspections are covered in the fire code that town needs to adopt.

Ordinance 1280: Designating Permitting of Off-Leash Areas (First Reading)
Stebner suggested having a large area, invest the money to do it right or not at all. An area has been suggested carved out northwest of diamond. The plan is to move the fence if feasible and remove the baseball backstop. Stebner did not think the town is taking care of field enough for use for baseball anyway. Hunt did not like giving up area still used by kids/families used for dogs. Stebner wanted to know how the cost of the current proposal compared to bid 2 years ago. Huson suggested meeting at park to define the area exactly, then get a bid on new fence. Hunt requested a review of the grant that created the park to be sure it did not preclude use of the park for a dog park. The council will meet at the park at 5:30 pm on Mar. 13th before the study session.

Discussion of Annexation Options (Stebner)
Stebner thought the town should open up talks with Tacoma to explore what annexation might mean for Ruston. He felt if things “don’t change extremely drastically, we’re going to be there either way”. He thinks there is an advantage to talk now to see if it is better to go sooner than later since the town might be a better negotiating position now. He would want the issue given to citizens for a vote before making a decision, after the council explores their options. He asked if the council was interested. There was a long pause with no response.

Albertson then said he felt it was negligent not to talk to Tacoma. The council’s decision to commitment of funds for upgrading utilities along with the current deficit shows the town is depleting our resources. Huson said he ok with talking to Tacoma, he had tried to talk to them before about annexation and police/fire services. He did not feel the town could continue to afford these public safety services. He suggested the mayor write letter asking Tacoma to begin negotiation on these issues.

Albertson wanted the mayor and one council member meet with Tacoma and report back to the full council. Hunt wanted compare all the taxes paid in Tacoma to Ruston and compare services for those dollars. Albertson made a motion to direct the mayor to send a letter to the Tacoma mayor requesting to meet to discuss annexation and police/fire services. If Tacoma willing was willing to talk, the mayor and one council member would meet with him and report back to the rest of council. Stebner seconded the motion.

Huson asked to have a draft of the letter approved by council at next meeting, noting he would not approve the motion unless the council approved letter first. Albertson felt the executive (mayor) should carry out the council’s directive without review. The mayor said his competitive spirit was not ready to give up. If the council wants to talk to Tacoma, then talk to Pierce County, look at every avenue possible. He felt what Ruston pays is dramatically less than our neighbors pay. He noted that other small towns have retained their autonomy and felt we should to explore all options. Stebner agreed that the council should study the financial impacts of annexation on town residents. Ruston does not have the same bonds or levies, will we have to pay if we annex?

The mayor said it was hard to have this discussion looking over his shoulder at portrait of WR Rust (Ruston’s namesake). Someone from the audience stated it was demoralizing. Hunt wanted to be the councilperson to meet with Tacoma since she is the numbers person. She said she had confirmed AWC is happy to have someone come in and help Ruston do a 3 or 5-year plan with financial planning.

On a side note, the mayor informed the council that they had just taken a second $100,000 draw on the surplus fund (as allowed in the current budget). Albertson felt that confirmed that the mayor should support talking to Tacoma. The mayor clarified he had stated that Ruston should talk to everyone. He felt we could figure a way out. Albertson said he only wanted to talk. It may help bridge the understanding and increase cooperation, “talking helps”. Hunt felt the council should appear professional and that no one should go around behind mayor’s back to give input or get feed back from Tacoma officials. Albertson then “called for the question” to close discussion and require a vote on the motion. An audience member asked if the public could speak before vote but was told no. The motion passed 3-2 with Hedrick and Huson voting no.

Hedrick then asked the town attorney if council had the authority to direct the mayor to write a letter. The attorney will get back to the council.

Claims and payroll
There was more discussion on paying the locate company. It was decided to pay only for calls within Ruston and withhold the rest of the payment. The motion to approve passed 4-0 with one abstention (not sure who abstained)

Public comment
Jim Wingard noted that Tacoma charges homeowners for sidewalk repairs, allows 45’ heights on Pearl Street and utilities cost more. He asked the council to bring Tacoma to public meeting, let public ask questions and have this discussion in open session.

Ken Brown thanked the council for approving the variance and wished them luck in the tough decisions the have to make.

Terry Knapp noted that as a citizen who comes to many Ruston council meetings there were 2 council members gung ho on this issue, two who were not. He felt any discussion with Tacoma should have one council member from both sides so all viewpoints are represented.

Lyle Hardin felt the council should know the procedure for annexation before talking to Tacoma. Tacoma does not want our infrastructure problems. He felt the council should have the attitude that we want to keep our town when/if they talk to Tacoma, and have an attitude of creativity for solving things like the sewer problem. He was glad the council had decided to spend the money to study and design the sewers so we can get grant to cover some of cost to build it. He felt that the attitude would carry the town forward.

Mark Schacht applauded council for looking at alternates with Tacoma. He felt the town was going downhill fast and Tacoma was the best way to provide services. He urged the council to be realistic. He felt it was time to cut employee hours because we are going broke really fast.

Connie Maglione was very disappointed with the council vote. She felt most of the council members had come on board with a direction, that direction is where the town was with the vote to pursue annexation talks. The council had squandered lots of money, paid a former police chief quarter million dollars and was still squandering money on lawsuits. She asked the council to think about the lawsuits the town is facing. She felt the town should have pretty good idea if they were going to win before they walk into a court room – think about it before spending money to prepare. “Are you in a hurry to bankrupt this town? I feel it’s a disgrace… everyone of you who voted for this tonight. I wouldn’t ever support you ever again on my council. I brought you in here to protect my town, to better my town, to support the people of this town…. Why would you do this to us?”

Brent Tia, Ruston resident and a commercial real estate broker thanked the council for the variance vote, stating it would help the town stay competitive and improve the ascetics of the area. He had heard people were putting their hope in retail sales tax at Point Ruston to keep town afloat, but that won’t come for 4 o5 years. So he felt it was smart to focus on other development to carry us until then. He confirmed the town’s surplus funds are around $3.6 million.

Mayor time
He will bring council up to speed as soon as possible on the current status of budget rather than wait for the first quarter report.

Council Time
Stebner acknowledged there was “lots of frustration with going to Tacoma”. He encouraged folks who are frustrated to come up with their own plan to save Ruston. “If it’s important to you, make it happen. Figure out where we can cut, where we can grow to produce more income for the town. If you can think of something, I’m all ears.” He then noted he knows of several houses going into foreclosure and asked how the town can ensure the lawns are cut and houses not trashed.

Huson said he is working with Sherri Forch on the Easter celebration. He does not want an elaborate breakfast this year, maybe coffee and donuts. He hoped the town would cooperate as in the past.

Hedrick had no comments.

Albertson responded to pubic comments by noting that the council is informed on how annexation could occur - most likely council could do it, but they have indicated they want to allow the citizens to vote first. He stated there is a solution other than talking to Tacoma, to balance the budget each year. But for 2009 that would mean each household had to pay $3,000 more in taxes. On the issue of the former police chief, a former mayor had terminated the chief. Albertson had recommended firing the attorney who advised the mayor on that issue and citizens should complain about settlement to those who made that decision.

Hunt had attended AWC conference recently in Olympia. She noted that other communities spent time with legislators lobbying for projects in their area before conference. She felt Ruston should be doing the same thing and watch the legislative session closely to support bills that would benefit the town. There was more discussion on the council decision to spend the money to get the sewer project “shovel ready” so it could qualify for federal stimulus money at some point.

The meeting adjourned at about 9:15 pm.