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HomeMy WebLinkAboutCity Council Meeting - Council - Minutes - 01/17/1989 I Kent, Washington January 17, 1989 Regular meeting of the Kent City Council was called to order at 7 : 00 p.m. by Mayor Kelleher. Present: Councilmembers Biteman, Dowell, Houser, Johnson, Mann, White and Woods, Acting City Administrator Harris, City Attorney Driscoll, Acting Planning Director Satterstrom and Public Works Director Wickstrom. Also present: Police Chief Frederiksen, Fire Chief Angelo, Assistant City Administrator Hansen and Personnel Director Webby. Approximately 50 people were at the meeting. PUBLIC Mayor Kelleher welcomed a group of Webelos from Den COMMUNICATIONS 5, Pack 471 and noted that they are working on their citizen merit badges. CONSENT WHITE MOVED that Consent Calendar Items A through J CALENDAR be approved, Woods seconded and the motion carried. MINUTES (CONSENT CALENDAR ITEM 3A) Approval of Minutes. APPROVAL of the minutes of the regular Council meeting of January 3 , 1989 . PRELIMINARY (CONSENT CALENDAR ITEM 3C) PLAT Hemlock Acres No. 19 Preliminary Subdivision No. SU- 88-4. AUTHORIZATION to set February 7 , 1989 for a public meeting to consider the Hearing Examiner's recommendation of conditional approval of a 14-lot single family residential subdivision located along the east side of 112th Ave. S.E. approximately 600 feet north of S .E. 240th Street. (CONSENT CALENDAR ITEM 3I) Hemlock Acres No. 17 Preliminary Subdivision No. SU- 88-3. AUTHORIZATION to set February 7 , 1989 for a public meeting to consider the Hearing Examiner's recommendation of conditional approval of a 17-lot single family residential subdivision located on the north side of S.E. 240th Street approximately 300 feet west of 116th Ave. S .E. REZONE Car Care Center Rezone No. RZ-88-5. On December 21, 1988 , the Hearing Examiner recommended denial of an application by Ed Linardic to rezone approximately 1.2 acres from MRM (Medium Density Multifamily Residential) to GC (General Commercial) . The property is located in the north side of West James St. abutting SR 167 (Valley Freeway) , along the east 1 January 17, 1989 REZONE property line. WOODS MOVED to adopt the findings of the Hearing Examiner and to concur with the Hearing Examiner's recommendation of denial. Johnson seconded and the motion carried. STREETS (CONSENT CALENDAR ITEM 3F) Parking Lot Cleaning Contract. AUTHORIZATION for the Mayor to sign a contract with Bond Enterprises to clean the parking lots at City Hall, Library and Engineering Buildings. This contract is at the same rate we currently pay and is through March 31, 1989 , with a annual contract as in the past, due to the anticipated construction of the new office building and parking lot east of City Hall. STREET (CONSENT CALENDAR ITEM 3J) VACATION Gibson Street Vacation. ADOPTION or Ordinance 2830 vacating certain property at Waterman Avenue between Fifth Avenue and Union Pacific Railway upon the application of Vernon Gibson. PARKS AND (CONSENT CALENDAR ITEM 3D) RECREATION Maintenance Management Plan and Policy and Procedure Manual. AUTHORIZATION for the Mayor to sign a contract with Walker Edington and Webster for preparation of a Maintenance Management Plan and a Policy and Procedures Manual for the Park and Recreation Department. (CONSENT CALENDAR ITEM 3E) Cultural and Leisure Services Division Budget Changes. AUTHORIZATION to add a regular part-time Office Technician II position at the Resource Center to provide clerical support for the cultural, fitness and youth day camp programs. AUTHORIZATION to increase to regular part-time Cultural Arts Specialist position from 1, 092 hours to 1,402 hours to provide support for the Kent Arts Commission, Canterbury Faire and Balloon Classic projects. POLICE (CONSENT CALENDAR ITEM 3G) Public Defense Contract. APPROVAL of the contract for public defense services with the Sampson, Wilson 2 January 17, 1989 POLICE and Combs firm for 1989 as recommended by the Operations Committee at its 1/17/89 meeting. OUT OF STATE (CONSENT CALENDAR ITEM 3H) TRAVEL Out of State Trip. AUTHORIZATION for an employee of the Equipment Rental Division of the Public Works Department to attend Motorcycle Maintenance Training in California, as recommended by the Public Works Committee. INITIATIVE Initiative and Referendum Powers. This date has AND been established to receive public input as to REFERENDUM whether the Council should adopt the initiative and referendum process. Notice of the hearing has been published and was also distributed with utility bills. City Attorney Driscoll explained that an initiative is the process by which residents propose a law or ordinance to be voted on by the citizens independent of actions taken by the Council, and that it must be in the form of a petition signed by 15% of the total number of registered voters who voted in the last general election. She noted that an ordinance adopted through the initiative process must go back to the vote of the people to be amended or repealed. The Attorney explained that a referendum is a process by which residents vote on whether or not to approve or reject a law that has already been enacted by the Council by ordinance. It also must be put to a vote of the people by a petition signed by 15% of the registered voters who voted in the last election. She noted that initiatives and referendums apply to legislative functions, such as the no-growth initiative. Initiatives and referen- dums do not apply to emergency ordinances which are passed by a unanimous vote of the Council, ordinan- ces relating to LIDS, ordinances appropriating money, ordinances dealing with collective bargaining or i ordinances relatingto taxes. Driscoll also explained that with initiative and referendum powers, no ordinance can go into effect for 30 days from the date of passage, and that it is 3 January 17, 1989 INITIATIVE within that 30-day time period that the voters have AND an opportunity to present a referendum petition to REFERENDUM the Council. If a petition is presented, a vote of the people would decide whether or not that ordinan- ces goes into effect. Driscoll noted that there are two processes by which initiative and referendum powers can be adopted--by the resolution process and by the petition process. The resolution method is a process by which the Council passes a resolution calling for the initia- tive and referendum powers. If within 90 days of the publication of that resolution no referendum is filed by the voters, then the Council adopts an ordinance enacting initiative and referendum powers. If a referendum petition is presented within those 90 days, a vote of the people would decide whether or not initiative and referendum powers are adopted. The Attorney explained that the petition method is where 50% of the registered voters who voted in the last general election sign a petition calling for an election as to whether or not initiative and refer- endum powers should be adopted. At that point the Council must adopt a resolution calling for the adoption of those powers and it is again subject to the same process as the resolution method. If within 90 days a petition is not presented, the Council must adopt an ordinance. Driscoll noted that if the initiative and referendum question goes to the voters at a general election, the cost to the city would be approximately $4, 000- $4 , 500, and that if it goes to the voters at a special election, the cost is from $13 , 000- $18 , 000. Upon Biteman' s question, Driscoll stated that there are approximately 22 cities that presently have initiative and referendum powers. She also noted for White that these powers are rarely used. The Mayor declared the public hearing open. Leona Orr, 24909 114th Ave. S .E. , spoke in favor of the initiative and referendum powers. She noted that 4 January 17, 1989 INITIATIVE although the Council is responsive to the public, AND often times there is little input from the public on REFERENDUM issues before the Council. Mrs. Orr stated that she feels the Council did not respond effectively and quickly enough on the issue of multifamily housing, and that they approved multifamily zoning which is a detriment to the surrounding neighborhood. She not- ed that the citizens of Kent would act responsibly and not abuse the initiative and referendum powers. Gail Vincent, 26811 165th Pl. S .E. , spoke in favor of having initiative and referendum powers. He noted that the Council is elected by the people, and that initiative and referendum powers allow the people a voice in government. Dwight Bacon, 24311 35th Ave. S. , also spoke in favor of the initiative and referendum powers. He agreed that multifamily housing should be controlled. Jim Flick, 9408 S. 218th, noted that he had received a letter in November regarding a Town Hall meeting, which pointed out that city government belongs to the citizens. Flick noted that, as owners of the city government, the people would like to adopt the initiative and referendum authority, and that there isn't any reason for city government to oppose it. He stated that if a city has competent and dedicated government, as Kent does, initiative and referendum powers will be used rarely, but that that is no reason to deny that right to the people. He urged the Council to adopt this authority tonight. Maureen McNamara 23839 94th Ave. S. , also spoke in support of initiative and referendum powers. She stated that if the Council votes to approve it at this time it would demonstrate support for public input. JOHNSON MOVED that the public hearing be closed. 5 i January 17 , 1989 INITIATIVE White seconded. Motion carried. JOHNSON MOVED that AND the Council adopt initiative and referendum powers REFERENDUM and direct the City Attorney to draft the necessary resolution. Woods seconded. The motion carried un- animously. MAYOR'S ordinance Expanding Mayor's Duties to a Full Time POSITION Position. The Mayor noted that this item had recently been brought to the attention of the City Council. JOHNSON MOVED for the adoption of Or- dinance 2831 establishing the Mayor' s position as full time and setting compensation commensurate therewith. White seconded. Johnson stated that he feels having a full time Mayor would be a better way to serve the people in the community, and pointed out that this is not a personal criticism of anyone. Johnson noted that while the City has enjoyed many successes and accomplishments, possibly other things could have been achieved with a better form of government. Johnson offered the following reasons for expanding the Mayor' s position to full time: art-time The current position requires more than a p commitment, and a full time Mayor would be able to devote all his attention to the job; it would eliminate the City Administrator position, which would save money and reduce the number of support staff necessary under the current system; there would be no question who is in charge at City Hall ; it is important to have one person in charge of the administrative portion of government. Mayor Kelleher noted that this is a decision which should be made by the Council and the citizens of Kent, but that he is happy with the way things are now and feels the City has accomplished a lot. White indicated that a letter has been received from the Chamber of Commerce and MOVED to make the letter a part of the record. Johnson seconded and the motion carried. White read the letter, which stated that the Chamber' s City Government Committee is 6 January 17, 1989 MAYOR'S studying this issue and that the City may wish to POSITION delay action until after the study is concluded. He suggested that although the Mayor and Council have done a good job, they should not cease to look at ways to improve Kent 's government. WHITE THEN MOVED to table this issue until the Chamber' s committee has completed their study. The motion to table died P Y for lack of a second. Jim Flick stated that he favors a full time Mayor/ Council form of government. He noted that Kent has a hybrid form of government, and that it works because the Mayor, City Administrator and Council work together, but that it could be a very disrup- tive form of government if people did not cooperate. Flick stated that the Mayor/Council form of govern- ment is more stable, more accountable to the people and costs less. Mann pointed out that Kent' s part-time mayor is fully in charge, and that the Mayor is the one who represents the people of Kent as the chief administrator. He pointed out that anyone in the city can run for Mayor without having a master' s degree in public administration, which allows great freedom so that people can truly run this government with trained, qualified administrators. He said that as long as our Mayor is satisfied with the present system, the Council should support him. Johnson pointed out that the full time Mayor's position would not take effect until January, 1990, so that anyone running for election would be running for a full time position. Biteman noted that in the past several years the Mayor and Council have im- proved Kent's reputation by such things as annual town meetings, holding Council meetings in various locations throughout the city, the Mayor' s various g Y, Y task forces and his prompt response to citizen inquiries. He agreed that the system should be left as is. 7 January 17 , 1989 MAYOR'S The motion to adopt Ordinance 2831 establishing POSITION the Mayor's position as full time was defeated with only Johnson voting in favor. FORM OF Resolution Calling for Election on Form of Govern- GOVERNMENT ment. Mayor Kelleher noted that Resolution 1190 would constitute the abandonment of the Mayor/Counc- il plan of government and the adoption of a Council Manager form of government and would call for an election of the people for such. JOHNSON MOVED to adopt Resolution 1190. White seconded. Johnson stated that the resolution would allow the people of the community to decide what form of government they want. He proposed a Council/Manager form of govern ment where the Mayor would still be directly elected by the people. He explained that there would still be seven councilmembers, but that Council Position No. 1 would be the Mayor's position. White stated that although he has no quarrel with the present form of government, it does no harm to see if there is a better system. The motion was defeated with only Johnson voting in favor. Houser introduced Resolution 1191 supporting Kent' s present form of government and urging proponents of change in Kent' s form of government to cease their efforts so as not to disrupt the smooth operation of City government. Mann seconded. White stated that he is uncomfortable with the wording of the resolu- tion, since urging proponents of a change in Kent's form of government to cease their efforts seems to be trying to muzzle the public. Johnson stated that he also disagrees with that wording, because every- one has a right to raise an issue concerning the structure of government at any time. JOHNSON MOVED to delete the last clause of the prologue of the resolution which refers to asking proponents of change in Kent' s form of government to cease their g efforts and also reference this throughout the resolution. White seconded. Biteman noted that inasmuch as this is a resolution, 8 January 17, 1989 FORM OF the word "urge" does not seem to carry any GOVERNMENT disability. Mann said that the resolution is simply P Y asking people to work together and support the present system. Gail Vincent spoke from the audien- ce in favor of the amendment. The motion to amend failed with Biteman, Dowell, Houser, and Mann opposing. The motion to adopt Resolution 1191 then carried with Johnson and White opposing. FINANCE (CONSENT CALENDAR ITEM 3B) Approval of Bills. APPROVAL of payment of the bills received through January 24 , 1989 after auditing by the Operations Committee at its meeting at 8:30 a.m. on February 1, 1989 . Approval of checks issued for vouchers: Date Check Numbers Amount 12/12 - 12/14 67492 - 67501 12/16 - 12/28 67972 - 68005 373,173.02 12/30/88 68012 - 66416 784,887.33 $1,158,060.35 Approval of checks issued for payroll: Date Check Numbers Amount 1/06/89 113671 - 114278 $ 637,052.29 9 i January 17 , 1989 REPORTS Operations Committee. Houser noted tha t she had attended several meetings at the National League of Cities Conference, including one on People, Press and Politics and one on landfills. She no ted that local governments will be responsible for clean-up of landfills, and that Kent has three such sites. She said that clean-up is very expensive, but that it may be possible to get funding to help with the costs. Public Works Committee. Johnson noted that the Public Works Committee will meet next Tuesday at 4 : 00 p.m. Public Safety Committee. Biteman noted that the Public Safety Committee will meet on Thursday, January 19th, at 9 : 00 a.m. in the Courtroom. ADJOURNMENT The meeting was adjourned at 8: 05 p.m. I Brenda Jacob r Deputy Ci Clerk 10