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Mayor Hopkins called the meeting to order at 7:01 pm. Councilmembers Hunt and Judd were excused. The agenda was approved as presented and minutes approved with no changes.
Staff reports
Town Engineer: Jerry Morrisette was out due to medical
issues so Dan Oser from their office provided the sewer project update. As of
the April 30th billing the project was 72% complete. They are negotiating
the extent of the contractor responsibility for damage caused by project. They hope
to see the streets getting paved within 2 weeks, which brought laughter since
the 2-week time has been offered so many times before. The sinkholes in the new
paving will be repaired at end of project. 7 houses so far have been found releasing
too much water into sanitary sewer, probably from storm water infiltrating the
line. Morrisette Engineers presented the town with 4 options from do nothing to
options that require the homeowner to make repairs. The stormwater line on
Highland needs to be extend so the homes in that area with problems can connection
at cost to the town of $73,000. As it stands now, the owner would have to pump
their storm water up to the alley without this extension. The town could allow
the increased flows to continue, or charge the owner each month until they fix
the problem. Many of these homes are releasing 10-20 times a normal flow rate.
Councilmember Hedrick asked about the homeowners who had no
idea they had an underground spring was going into sanitary system, he was not
sure it was fair to charge them. The mayor pointed out that although Tacoma
does not currently meter rates into their sewer system, they will eventually.
At that point all the tax payers will pay for the unneeded flow. Hopkins also
noted a repair of $30,000 was needed to the stormwater system under the repaving
in the alley between Highland/Winnifred. The stormwater reserve fund has
$200,000 and could absorb the $103,000 cost for both repairs (alley and
Highland Street). Councilmember Hardin went on record as wanting to charge the
monthly fee to the homes releasing extra flow. It would be a way to document that
the owner knows it needs to be addressed. He also wanted the Highland Street stormwater
system extended while street is unpaved. He confirmed with the engineer that
bid prices were reasonable. Hardin asked how the reserve fund would be
replenished. The mayor noted there will still be $120,000 in the fund and the monthly
charge of $5 for each customer on the current bills provides $24,000 per year,
taking 5 years to replenish these two projects. Hedrick agreed to the repairs. The
mayor felt that, despite the problems, the town was better off for not doing
the temporary paving on the trenches through town. That savings could be used
to repair existing roadways that are failing.
Public comment
Fred Byzinker felt that traffic was going to fast in town.
He reminded everyone that the speed limit is 25 mph everywhere expect for
Commercial Street, which is 20 mph. He suggest town leaders set an example and
go slower. He walks often and has come close to being run down by council
members.
Michael Johnson said he was on council in mid-90’s when the
sewer system was videoed and it was in bad shape then. The current project has
taken too long, and too long to repave. He has rocks all over his yard now without
even cold mix on the trench to get thru the winter. He is a construction
supervisor and knows the standards and felt the contractor was leaving concrete
work areas closed too long as well. He noted that the required silt socks
didn’t go in storm drains until 2 months ago, well after the project has
started.
William Walker stated he had heard that water supply for
town used to come from the area on Highland. He was sure two of the three
owners of the homes with increased flow were aware of problem. He said one of
the owners built their house after filling in a swamp.
Business
Ordinance 1377 – Amendment of RMC 1.04.012 (1st
Reading): This was a housekeeping measure to correct the current onerous
process the town uses to transmit building permits to the assessor. This
simplifies the process to match state code. The mayor noted the town is also
working on an electronic notification process. Hedrick reminded the council that
the current process was enacted after finding that many parcels were not on tax
rolls or improvements (and the increased value to tax) had not been reported. The
problem now cleaned up and he was ok with making changes.
Resolution 509 – Intent to Reclassify to Code City (outline - memo - powerpoint): The mayor
mentioned the article in the paper the day of the meeting and clarified that
this proposal was not the same as was presented to voters in 2008. The town
attorney explained that the issue was discussed last year at several meetings,
a special workshop was held April 21 and the measure passed by the council on June 6, 2011, but
then the notice was not published as required. Rather than try to fix mistake,
the attorney suggested doing it all again. This is reclassification, not
reorganization as was attempted in 08. The town is governed by RCW 35 and has
less power than 1st class cities, such as no power of citizen
referendum. There was a movement in the 1960’s to allow all cities to have same
power. This change would allow Ruston to do everything that other classes of
cities can do. It creates easier standards for appointments to office and fewer
required positions. Understanding the governing statues is easier since they
are all in one place in state law under in 35A. There are easier land use
planning procedures and protection for zoning irregularities that might cause
the zoning code to be overturned. The town can hire a hearing examiner rather
than use the planning commission for quasi-judicial issues. Reorganization changes
council/mayor format, but this proposed reclassification means the town can
keep the same format they have today.
The attorney then outlined the reorganization format options
and noted that a new election of the council would be required if the town
chose to reorganize. If they keep same format no election is needed. The mayor can
veto in code city. There are four ways to make this change; 1) citizens can
petition to the council to reclassify via a council vote, or 2) petition the council
to set an election on the issue, or 3) the council can initiate the process by
direct resolution or 4) pass a resolution to take the issue to an election. It
is faster and there is no cost using this resolution method. After passing the resolution,
the town would publish the notice within 10 days, then wait 91 days to see if
citizens file a referendum requiring a vote. If none is filed, the council must
pass the ordinance to reclassify – they cannot change course and not reclassify.
The referendum requires signatures from 10%
of the voters from the last municipal general election and the issue would be
placed on next regular election. If the reclassification passes at the
election, the council must adopt to reclassify. The way the council is choosing
via resolution only is cheaper, faster, there is no election required for the current
office holders and it the easiest way to administer the change.
Hedrick felt it was ironic that come again because the
notice was not published it. He asked the attorney how he could be compelled to
vote a certian way. The attorney pointed out that state law requires the
council follow through once they start down this path. Hedrick confirmed it is somewhat
easier to annex to other city as a code city, the Local Improvement District
(LID) process is easier, the town could establish a parks board and there is more
flexibly in the for planning processes. The attorney noted that it would be less
likely to get planning decisions overturned. Hedrick confirmed the town could
still contract for a planning director rather than hire someone directly. He
asked if the police chief could be placed in charge of all public safety and put
the fire department under the police. The attorney didn’t see any reason why
not. Hedrick stated he sees a lot of beauty in a professionally run city, not using
a volunteer mayor. He wanted to know if there was a two-step process to change
to a council-manager system next? The attorney responded that nothing stops Ruston
from hiring an administrator that reports to mayor without changing form of government.
Hardin reminded everyone why this came up. The council
placed the item as a referendum on the ballot, which got into legal action declaring
that they did not have authority to do that as a town When they went back to
their attorney asking if they had the authority, they were told maybe, but it
would costly in court fees to find out. They could instead use this process
they were voting on now. The council had decided they were expanding democracy
by giving citizens more rights by reclassifying and they had considered other
options during the previous meetings. It was clear that folks like the words “Town
of Ruston” and they had confirmed if they change to a code city, they can keep
the name the same. He felt they were getting best of all worlds. All this
information came out in the previous meetings and he was upset that someone
thought they were railroading this through now.
Hedrick noted that the council was down two members tonight,
and asked if they should wait for the full body before voting. Hardin felt that
councilmembers were aware that the issue was on the agenda, so they would have
been at the meeting if they thought it was important. The mayor added that he
would have heard from them if the issue was important to them and they had not
given him any comment. The resolution passed 3-0.
Resolution 510 – Temporary License Agreement with Cingular
Wireless: This agreement is for a temporary mobile signal booster during the
Taste of Tacoma. It pays $100 a day for 10 days. Hedrick confirmed it will be
truck in the north lot of the school. He confirmed that Ruston is not getting less
than they had been paying Tacoma. Passed 3-0
Claims and Payroll: Passed with no discussion 3-0
Mayor’s time
Hopkins field trip to look at the garbage truck in Camus
went well. Maintenance supervisor Steve took a test run, they looked over
service records and Camus will train our employees if Ruston pays the staff
time. Hopkins offered $37,000 rather than the asking price of $40,000. New
trucks like this cost over $225,000. This truck has 80,000 miles and is in
great condition. It empties one can a minute, so they can pick up the full town
in a day, yard waste in a day (rather than the current two days) and reduces the
number of people needed to do the work from two to one. The mayor had priced new
cans needed to outfit town at $45,000 (including recycle, yard waste and
garbage). He felt the current rates were adequate to repay the loan that would
be needed from the surplus property fund. It would be a 3-year loan with market
rate interest paid back to that fund. The mayor planned on giving each
household two yard waste cans and one recycle. If someone wanted more cans the
cost would be a one-time $50 charge. Hedrick confirmed Ruston still does not
recycle glass. Hardin asked the timeline (truck is ready in two weeks). He
wanted to know if this had any effect on Labor & Industries. The mayor did
not think it improved the current rates but hopefully the automated system
would prevent future claims. Hedrick wondered what would happen to other
employee not needed with the new truck. Hopkins will ask Taylor to come up with
a plan. Ruston has to maintain new traffic circle at Point Ruston so there is
more work to do.
Hopkins announced that the paving of the parking lots at the
school would hopefully be moving forward quickly. The town just took delivery
of the snow plow and sander attachments for the maintenance truck. They are now
looking for loader to get sand into the sander. He is still working on the sales
tax issue. The Department of Revenue found $20,000 so far in tax coming to Ruston
that was incorrectly coded. He is hoping for 5 times that eventually. The
attorney is sending a letter to businesses with the correct code to report
their Business & Occupation taxes. On building code enforcement, the mayor
has floated a price to Mike Bart, who is cringing at the offer. Hopkins has not
heard back yet on the offer.
Council Time
Hedrick asked if his help was needed with the Department of
Revenue and suggested meeting with Tacoma’s mayor Strickland since they may be
interested in the same tax issues.
Hardin had no comment.
Kristovich had no comment.
The meeting adjourned 8:18 pm.
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