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HomeMy WebLinkAboutCity Council Meeting - Council - Minutes - 07/21/1987 Kent, Washington July 211, 1987 all was cJohn- Regular meeting of the Kent City .CounciCilmemberseDowelld to r Houser,der at 7 '0 Regu Driscoll, p.m. by Mayor Kelleher. Present. Coun City Attorney son, White and Woods, City Administrator McFall, Y Director Harris and Public Works ectortor McCarthytwere notincouncil- Planning members Bailey and Biteman and Finance An Police Chief Frederiksen attendance. Also present: Fire Chief Angly 50 people were at the and Personnel Director Webby. Approximately meeting. ENT CALENDAR WHITE MOVED that Consent exceationaoflItem F whitems A ch gwas CONS be approved, with the P removed by City Administrator McFall. Houser e motion carried. seconded and th MINUTES (CONSENT CALENDAR ITEM 3A) MI s. APPROVAL of the minutes of of Minu tes.Approval of July 7 , 1987 . the regular Council meeting Hi hwa STREETS LID 328 Im rovements on West Vublec hearing on This date has been set for the P Highway ID 328 , the West Valley ion of L City at he Y the creation S. 189th. T S. 21 2th to _ improvements from S al notice to the pro- perty g Clerk has given the proper perty owners. Department of Wickstrom explained that the totoverlayy West Valley Transportation was planning Highway and that this was an excellent time for the City to persue improvements. Since the State would be paying for the overlaying portion of the pro- to owners would be assessments to property i- sessst as ' s e 7' ctt i e project reduced. The total co with $5 . 2Pmillion funded mated at $5. 7 million, State DOT funds by the LID, $189 , 497 funded by arti- and $383 , 342 funded by FADS. The City will p cip ate in the amount of a $300 , 000 contribution the to the LID guaranty fund. Wickstrom ex p lained financing of this 20-year LID and pointed out that the LID would be finalizedibteoim interest the truction, anc to eliminate financing j overlay of the The project consists of extra lanes, utter, side- existing pavement, drainage, curb and g signal improve- walk, landscaping, i men chanlluminationnel bridges, utility is widening of the P-2 electrical extensions and some undergrounding of e mitigating measure facilities. He explained the mitig g - 1 - i July 21 , 1987 STREETS agreements which were split evenly over three groups of properties. Wickstrom noted that a related project was planned for West Valley Highway from S. 212th to S. 236th. The Mayor opened the public hearing. Upon a ques- tion from the audience, Wickstrom clarified that the second project would not be brought to Council for a public hearing for several months, but that the proposed assessment amounts could be reviewed in his office. Upon White ' s question, he pointed out that UA B funds would not be used in LID 328, but would be used in the related project, from S. 212th to S. 236th. A representative of Alaton Properties asked about tion and Wickstrom explained way acquisition P right of y q that condemnation was a last resort, pointing out that when the project was developed the value of the right of way had been researched. There were no further comments and WHITE MOVED to close the public hearing. Woods seconded and the motion carried. WOODS MOVED that the City Attorney be authorized to prepare the ordinance creating LID 328. White seconded. Motion carried. Gibson Request - STREET VACATION a erman Avenue Street Vacation STV-87-2. This date has been set by Resolution 1137 to consider a request to vacate Waterman Avenue, between 5th Avenue j and the Union Pacific Railway. The staff recommends approval with conditions : A. The City shall retain utility easement rights on that portion of Waterman Avenue to be vacated and shall have the right to grant such easement rights to other public or private utility pro- viders. B. Compensate the City at one-half the full appraised value of that portion of Waterman Avenue to be vacated (Waterman Avenue is class- ified as a Class C street under Ordinance 2333 which permits the City to collect one-half the ) . appraised value of the area vacated The Mayor declared the public hearing open. Chris Lieper, 1819 S. Central, representing the applicant, was in attendance to answer any questions . There 2 - July 21 , 1987 STREET VACATION were no comments from the audience and WHITE MOVED to close the public hearing. Houser seconded and the motion carried. WOODS MOVED to vacate Water- man Avenue as described in Resolution 1137 with the conditions outlined above and to direct the City Attorney to prepare the necessary ordinance upon receipt of said easement rights and necessary com p ensation. Houser seconded. Motion carried P REZONE Valley Mission Center Rezone. On July 15 , 1987 , the City Council concurred with a request from William Chatham to delay for 30 days consideration of this request for rezone. Thirty days have passed and a letter has been received from Mr. Chatham requesting that the rezone application be with- drawn wit prejudice.' udice. Staff has informed Mr. J Chatham that once the application is withdrawn, if he wishes to reapply for the same or similar rezone, he would need to file a new application. WOODS MOVED to approve the request to withdraw the Valley Mission Center rezone application without prejudice. White seconded and the motion carried. ANNEXATION ZONING East Hill Community Well Annexation Area 1 - Zoning.— This date has been set as the first of two hearings to consider the Hearing Examiner ' s recommended zon- ing for the East Hill Community Well Annexation Area 1 . The Hearing Examiner recommends R1 -9. 6 , single family residential (minimum lot size 9, 600 ) except he currently existing feet t fo r t Y square P � multifamily development located in the southeast section of the site. This parcel, of approximately 12. 8 acres, is recommended for MRG (garden density multifamily residential with a maximum of 16 units per acre ) . The second hearing is scheduled for September 1 , 1987. Jim Hansen Principal Planner, described the area as 142 acre s bounded on the east by 104th Avenue n the west b 98th Avenue S. , on the north S.E. , o Y by S.E. 226 and on the so Y uth b the existing city is hearing, the Hearing Examiner 'mits. After public g, limits. P has recommended that the area be zoned R1 -9. 6 , single family residential (minimum lot size 9600 sq. ft. , except for the existing multifamily develop- ment consisting of 12 . 8 acres , for which the Exami- ner has recommended MRG zoning (garden density multifamily residential with a minimum of 16 uni ts per acre) . Hansen noted that although two requests 3 - i July 21 , 1987 ANNEXATION ZONING for reconsideration had been filed, the Hearing Examiner had not changed her recommendations for zoning. I The public hearing was opened by the Mayor. Curt Betchley of 10213 S.E. 228th, stated that he favored the Hearing Examiner ' s recommendation. Hansen determined for Cheryl Richardson, 22818 103rd S.E. , g that the multifamilyzoning recommended was only for the area of the already existing Valli Key apartment complex on 104th S .E. Bill Norton of 22601 104th Avenue S.E. stated that he objected to single family residential zoning for his property, noting that he had 330 ft. along the highway and that the property is only 200 ft. deep. He stated that at present 19, 000 cars per day pass the property and that this will increase when the highway hwa is widened and that no one would want to buy a house on this roperty. He sugge sted that it was more suited to multifamily or commercial zoning, particularly office zoning with service type activities. He pointed out that there were nt complexes close b . Hansen several apartment p Y P noted that Norton had requested rconsideration and that the Hearing Examiner had not changed her recom- mendation. He pointed out that before zoning recom- mendations were made, a good deal of study was accomplished, including an onsite inspection of the area, analysis of availability of street access, utilities and compatibility with the Comprehensive rehensive Plan for that particular area. It had not been the Norton property was unique. found that p Y q P Kent Koskovich of 10303 S.E. 228th asked about the request of Dorothy Hayes for multifamily zoning on her property on 100th Avenue S.E. Hansen noted that the Hearing Examiner had recommended against this reconsideration request. Opposition to multiple zoning in the annexation was expressed by Dennis h Richard Phillips and Ric hard French. Bob Death, P White of 22811 103rd Avenue S.E. noted that he had not received a notice of this hearing. It was determined that his was among some new homes in the area which had not as yet been included in the City b list of property owners provided to the C y y P P Y King County. There were no further comments from the audience and it was noted that by law, two public hearings 4 - i July 21 , 1987 ANNEXATION ZONING must be held. WHITE MOVED to continue this matter to the September 1st public hearing, at which time additional public input may be received. Houser seconded and the motion carried. HOUSING & (CONSENT CALENDAR ITEM 3C) COMMUNITY Soames House - H & CD Block Grant. ACCEPTANCE as DEVELOPMENT complete of the Z & J Roofing contract in the amount of $5, 200 to reroof the Soames House. M CONSENT CALENDAR ITEM 3F FIRE DEPARTMENT ( ) REMOVED BY CITY ADMINISTRATOR McFALL Architect Services - Fire Department. AUTHORIZATION for the Mayor to sign an agreement with the firm of Mithun, Bowman, Emrich Group, P.S. , for the remodel of the Downtown Fire Station, the East Hill Headquarters Station, and the Training Center. The agreement has been reviewed and approved by the City Attorney and the City Administrator. Chief Angelo noted that approval for signature should be contingent upon finalization of negotia- tions. WHITE MOVED that the Mayor be authorized to sign the agreement with Mithun, Bowman, Emrich Group, P.S. , subject to finalization of negotia- tions . Dowell seconded and the motion carried. ENERGY (CONSENT CALENDAR ITEM 3G) MODIFICATIONS Engineering Building Outdoor Lighting Project Change Order No. 1 . AUTHORIZATION for the Mayor to sign Change Order No. 1 with Madsen Electric for this project. The existing conduit on the canopy was unusable because roof coating had leaked into it. The change order provides for lay- ing new conduit on the surface of the canopy, remov- ing the old conduit and repairing the roof so that it doesn ' t leak. CITY PROPERTY (CONSENT CALENDAR ITEM 3H) "No on Signs Trespassing" Si Cit Pro ert . AUTHORI- ZATION 9 Y P Y ZATION for the City Attorney to prepare an ordinance disallowing public use of City owned property and authorizing the Public Works Department to post "No Trespassing" signs on City property as deter- it mined necessary by the Director of Public Works, i as approved by the Public Works Committee. 5 - i July 21 , 1987 CITY COUNCIL (CONSENT CALENDAR ITEM 3D) City Council Meeting Location Change. APPROVAL of changing the location of the August 4, 1987 City Council meeting to the Kent Senior Activity Center. The meeting will be held at the usual time, 7: 00 p.m. PERSONNEL (CONSENT CALENDAR ITEM 3E) Workers Compensation Program - Claims Administration_ Agreement. AUTHORIZATION for the Mayor to sign an agreement with Scott Wetzel Services, Inc. for Workers Compensation Claims Administration. The agreement includes an increase in fees for ser- vices in the amount of $10, 350 to process 60 claims per year and provide 50 hours of loss con- trol services to the City. FINANCE (CONSENT CALENDAR ITEM 3B) Approval of Bills. APPROVAL of payment of the bills received through July 22 , 1987 , after auditing by the Operations Committee at its meeting at 8: 30 a.m. on July 31 , 1987 . TRAFFIC CONTROL West Hill - 42nd Avenue S. & S. 262nd. Janette Nuss presented a petition with natures ask- ing signatures ing for stop signs at the dangerous corner of 42nd Avenue S. and S. 262nd. She noted that on June 24 there was an accident in which a man was injured severely and later died as a result of the accident. Copies of the petition were distributed to the Councilmembers and a copy has been filed for the record. White asked that this be referred to the Public Works Committee for action as soon as pos- sible. Johnson stated that a Committee meeting would be scheduled soon on the West Hill and that the citizens would be notified. Mr. Hayashi, 4109 Somerset Lane, noted that the speed humps on 42nd Avenue S. were appreciated, but that they were a block away from the inter- section. He said that people tend to speed up at the base of the hill and that a four-way stop sign was desirable. Ray Rand, 4422 S. 262nd, concurred and pointed out that there are many young people in the area who drive too fast. He pointed out that there are two schools in the area and therefore many young children. Debra Joraanstad, 26206 42nd Avenue S. , said there had been a resurfacing project at the top of 42nd Avenue and that the speed hump had not been resotred properly. Johnson stated tha t t this woul d be addressed at the Public Works Committee meeting. - 6 - i 21 1987 July , TRAFFIC CONTROL Wickstrom confirmed for Houser that a stop light at the intersection of 42nd and Reith Road is part of the 7 ro ' ect now in progress. Houser noted also project that this ac cident nt di d not involve speeding. Nu ss concurred and point ed out that there are a lot of children in th e area and they could be hur t. Bi ll Young, 26316 42nd Avenue S. , noted that the accident happened on the corner, and that the victim was on the sidewalk, not in the street. He said that in June of 1985 when speed humps were installed, the requested traffic circles were deemed ina PPro- priate because of the size of the City s fire engines. ( 42nd Avenue and Maria Sherwood, 26311 42nd Avenue S. , noted that S. 262nd) she has a mentally retarded daughter who goes to get the mail . She has observed that cars slow for the humps and then speed up, so a stop sign is needed on the corner. Don Issacson noted that people also speed down the hill, and that there was suppose d to be a speed hump opposite 4014 Cambridge. P They were told that would be too dangerous because if speeders hit the hump, it could cause loss of control of th eir vehicles. He noted that the hill has a 20% grade, and some control is needed. Michele Guglielmetti , 26230 43rd Avenue S. , asked Wickstrom about the ceremony scheduled for the re- opening of the Reith Road. He said it is scheduled for Friday but that it could be delayed. (The date was later determined to be July 31st. ) Gugliel- metti suggested that the traffic engineer should monitor the corner to get a feelfor the probl ems at S. 262nd and 42nd Avenue S. Marge Wheat, 26214 42nd Avenue S, said she favors a stop sign to slow traffic, that stop signs have been success- ful at the foot of a hill in other areas. Mayor Kelleher noted that the residents should attend the Public Works Committee meeting so that their concerns may be properly addressed. A list of names and phone numbers was left with the City Clerk so that the Public Works Department could lace o f and the advise the residents of the time P Public Wor ks Committee meeting. Chief Frede riksen concurred that some extra patrol in this area was warranted and agreed to assign same. 7 - I July 1 21 1987 HEALTH & Trash Co llection Contract. Jerry Graham of Tri- NITATION Disposal referred to a letter sent to the WUTC SA Star P by the City which he felt did not put his company or the other two applicants for permits in an equal position at the hearings now in progress before the WUTC. He asked if the City Council had directed that such a letter be sent and expressed concern as to the impact of the letter on the WUTC. Mayor Kelleher stated that he understood that the Council did not direct the letter to be sent but that he also understood that City Administrator McFall complied with Graham' s request that a letter be sent to WUTC indicating that the Council had taken no such action. Graham said that the second letter that was sent stated the Council ' s position but at the same time he was concerned about the impact of the first letter. Mayor Kelleher noted that a resolution has been prepared which will address Graham' s concerns. He further noted that McFall had not exceeded his authority in any way and that his action did not require consent of Council. Both the Mayor and White noted that workshop discussions could be con- fusing since no official position is taken. White stated that he had suggested this resolution in order to clear up the confusion. He read Resol- ution 1141 stating that the Kent City Council did not favor any one of the three applicant companies over the other for certification with the WUTC. Graham stated that the contents of the resolution answered all of his questions. WOODS MOVED to adopt Resolution 1141 , Woods seconded. Dowell said he received this resolution this evening at 7 : 00 p.m. and while there didn' t seem to be any problem, it was difficult to know the impact it might have. He noted that the resolution states that the City Council makes this resolution but does not refer to administration. The Mayor clarified that he had stated that McFall had not exceeded his authority and further that under State law, the Administrator works for the Mayor. He noted that in most instances the Mayor and the Council are in agreement. Dowell asked why the resolution is needed and asked if any of the Council favored one company over another. White said that he had asked that the resolution be drawn up late this afternoon to clear up any confusion and to clarify the Council ' s official stand on this issue. It was determined - 8 - July 21 , 1987 HEALTH & that McFall ' s letter of July 13 should become a SANITATION part of the record. DOWELL SO MOVED. White seconded. Motion car ried.d. Dowell said it was his impression at the workshop that the Council would encourage co mpetition. ion. Woods said her impression was similar, and that the City was out of the garbage business and we, as repre- sentatives of the City, had no business attending the hearing, that someone else should be there to represent the City as an observer, and in no way should we discourage competition. Upon question, Driscoll said that they were unable to have someone there today, but that someone was there all day Monday. Dowell said he had been sub- poened to be there, and that this was difficult for him since he agreed at the workshop that he would not go to the hearings. He questioned the resolu- tion and said there doesn' t seem to be anything wrong but it doesn' t address competition or the administrative viewpoint. He suggested allowing time to consider the resolution before voting. Johnson said it was his understanding that the whole purpose of the City getting out of the garbage business was to allow competition, but the decision would be made by the WUTC. Mayor Kelleher asked McFall to say a few words because his letter has been interpreted as endorsing one hauler over another. McFall stated that it was not an endorse- ment, that it was to indicate to the WUTC what had taken place in terms of what service had been provided. He said the letter said service had been provided in a satisfactory manner and mentioned the recycling program. The letter also expressed the hope for favorable review of the request for certification, but said nothing about exclusive certification. It was not intended to indicate that the City did not desire competition. The motion to adopt Resolution 1141 then carried unanimously. - 9 - July 21 , 1987 COUNCIL COMMITTEES Council President. White stated that the Council might want to consider discontinuing workshop sessions, noting the confusion resulting from the last workshop. PERSONNEL Police Department - Grievance. Officer Bradley noted that he has a grievance procedure to present. City Attorney Driscoll said that since this matter is currently in arbitration, it would not be appro- priate to discuss it at a public session. She stated that the matter could be presented to the Council in an executive session, and asked that the Council not take input on this until they've had an opportunity to discuss it in executive session. Then, if Council wishes to take action, they could do so after the exeuctive session. Driscoll clarified for Woods that after the Council heard the perameters of the issue in executive session, they could then hear the presentation of the police officers after reconvening, if they wished. Mayor Kelleher stated that he would rule that this is a public meeting and that anyone has the right to make a statement. He cautioned the police offi- cers that the issue in question is governed under their union contract which spells out procedures for resolving disputes and one way that disputes are not resolved is by Council voting to change an administrative decision. He noted though, that he would rule that the officers would have the oppor- tunity to speak after the executive session. He noted that the Council could overrule this decision, however. EXECUTIVE SESSION At 8: 30 p.m. , City Administrator McFall asked for an executive session of approximately one hour for discussion of property negotiation and acquisition and for consultation with the Attorney regarding labor agreements. Mayor Kelleher declared a five minute recess to be followed by an executive session of approximately one hour. CORRECTIONS The Council reconvened at 9: 50 p.m. and Mayor FACILITY CONTRACT Kelleher ruled that public comments were in order. Officer Bradley stated that Local 1088 wishes to go on record informing the Council that a grievance - 10 - July 21 , 1987 CORRECTIONS will go to arbitration on July 31st regarding the FACILITY CONTRACT holiday issue for thec�Orthe1Ons nionfcontract He pointed out that prior the holiday issue for the officers was the ssammetas City policy: the on-duty officer would be p aidand a half for the holract doesday and rnotive a addressythef later. The union cont s happened situation which would exist if the holidayhap p to be a regular day off for an officer. The officers assumed that existing City policy would cover this and the officer would receive another day off in compensation for the holiday. Under the City' s interpretation of the union contract, however, the additional day in the future is not given. Mayor Kelleher asked for input from City Attorney Driscoll about this request. Upon Driscoll ' s ques- tion as to clarification as to exactly what the request was, Bradley stated that he was not making a request, merely giving the City Council informa- tion as to the Union' s position, for the Council to use as it sees fit. Woods noted that the Council had had input at the exeuctive session, followed by Bradley' s statement after reconvening and asked if indeed, the Council was being asked for some action. Bradley stated the City would have to pay for an Attorney for the arbitration scheduled for July 31st. He contended that the contract had been incorrectly interpreted by the City Administrator. The contract does not specifically state as to what happens when an officer has a holiday fall on his regularly scheduled day off. The City has inter- preted that under these circumstances the officer would lose the holiday. Bradley suggested that the City Council had the right to give opinion as to whether McFall ' s interpretation was correct. At the Mayor ' s request, Driscoll noted that the contract sets forth the method of resolution of disagreement over the interpretation of the language of the contract and that method is arbitration. The City is following the required procedure. The Mayor noted that based on this , and what was discussed in executive session, the Council could simply adjourn, reopen the contract, or refer to committee. He stated he would rule out of order a motion which would direct staff to resolve the rt of grievance, inasmuch as the Council is not pa the grievance process, described in the contract. 11 - July 21 , 1987 It was determined that a motion to adjourn would be take no action and allow the grievance to go to arbitration. Johnson agreed with this, noting that contract packages cover many things and to reopen a contract would further complicate matters. He pointed out that the negotiating process involved give and take and therefore all requests were not granted in the contract. Houser expressed concern over the fairness of the contract and stated she would like to see the con- tract reopened. Bradley noted that this was a small, but important part of the contract affecting 17 employees. It was determined that the union had requested arbitration. Woods concurred in part with Houser, that the contract seemed unfair but stated that the process was already in progress. White agreed with this and noted that agreement with the interpretation of the contract was not the point. A grievance procedure is included in the contract, and we should not interfere in the middle of the process of the procedure. Dowell stated that if we take action contrary to the terms of the contract, we might have to do so with all other contracts. The arbitrator, as part of his job, should be the one to decide the fair- ness of the issue, and therefore the union request for arbitration should stand. Mayor Kelleher noted that this was a difficult issue and relinquished the chair in order to speak to the issue. He stated that he respected the position of the Council and believed they were in sympathy with the officers involved. He further noted that he personally agreed with Houser. Upon Johnson ' s question, Mayor Kelleher clarified that a motion to adjourn would be in order and would in fact indicate that the Council was taking no acLon in this matter. ADJOURNMENT JOHNSON MOVED to adjourn. White seconded and the motion carried. The meeting adjourned at 10: 15 p.m. Marie Je - e , C' City Clerk - 12 -