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HomeMy WebLinkAboutCity Council Meeting - Council - Minutes - 11/21/1989 Kent, Washington November 21, 1989 Regular meeting of the Kent City Council was called to order at 7 : 00 p.m. by Mayor Pro Tem/Council President White. Present: Councilmembers Dowell, Houser, Johnson and Mann, City Administrator Chow, City Attorney Driscoll , Planning Director Harris, Public Works Director Wickstrom, Finance Director McCarthy, Police Chief Frederiksen, Fire Chief Angelo, Assistant City Administrator Hansen, Information Services Director Spang, Parks Director Wilson and Interim Personnel Director Olson. Mayor Kelleher and Councilmember Woods were excused from the meeting. Approximately 75 people attended the meeting. PRESENTATIONS (PRESENTATIONS - ITEM 1A) Home Care Week. Mayor Pro Tem/Council President White read a proclamation declaring the week of November 26 to December 2 , 1989 , as Home Care Week in the City of Kent. He presented the proclamation to Diana Albertson. (PRESENTATIONS - ITEM 1B) Valley Area Transportation Alliance (VATA) . White noted that a presentation by VATA had been planned for tonight' s meeting, but that they have requested it be continued to a future meeting. CONSENT JOHNSON MOVED that Consent Calendar Items A through CALENDAR G be approved. Item 3H was removed by Councilmember White. Mann seconded and the motion carried. MINUTES (CONSENT CALENDAR - ITEM 3A) Approval of Minutes. APPROVAL of the minutes of the regular Council meeting of November 7, 1989 . HEALTH AND (CONSENT CALENDAR - ITEM 3E) - SANITATION ATCO - WATT. ACCEPTANCE of the bill of sale and warranty agreement for continuous operation and maintenance of approximately 300 feet of sanitary sewer extension constructed in the vicinity of 88th Ave. S . and S . 224th for the ATCO-WATT project and release of the cash bond. PRELIMINARY (PUBLIC HEARINGS - ITEM 2A) SUBDIVISION Dover Place PUD-89-1 and US-89-2 - Lemmon Appeal. This public hearing has been established to consider Dover Place an appeal filed by Lucille and John Lemmon, of the Appeal Hearing Examiner' s recommendation of conditional 1 November 21, 1989 PRELIMINARY approval of the Dover Place PUD-89-1 and Preliminary SUBDIVISION Subdivision No. SU-89-2 . Planning Director Harris noted that Mrs. Lemmon has Dover Place filed a request for a continuance of the appeal Appeal until December 19 . White declared the public hearing open. MANN MOVED to continue the public hearing until December 19 , 1989 . Houser seconded. Johnson stated that there has been adequate preparation time and that the public hearing should be held on December 5 . Lucille Lemmon, 22911 101st Place S.E. , Kent, stated that the reason she has asked that the public hearing be held on December 19 is that some studies being done may not be completed by December 5, and that she has received new information. She said that she would like to have the full Council in attendance at the public hearing. Lemmon also pointed out that if the verbatim transcript had not been previously prepared, the public hearing date could not have been set for as early as December 5. Nadine Zackrisson, attorney representing Cam-West, noted that they have also filed an appeal, and were agreeable to a delay to December 5. She agreed that it would be best to hear both appeals together, but questioned whether the new studies are relevant to the appeals. Zackrisson pointed out that if the hearing is held on December 5th, both parties will have had a month to prepare, and that that amount of time is adequate. Mann restated his motion to continue the hearing until December 19 . The motion then carried. (PUBLIC HEARINGS - ITEM 2B) Dover Place PUD-89-1 and SU-89-2 - Cam-West Appeal. This public hearing has been established to consider an appeal filed by Cam-West Development, Inc. of the Hearing Examiner' s recommendation of conditional approval of the Dover Place PUD-89-1 and Preliminary Subdivision No. SU-89-2 . White declared the public hearing open. Nadine Zackrisson, attorney for Cam-West, stated that since the Lemmon appeal had been delayed to December 19 , she requested that this appeal also be continued to that date. DOWELL SO MOVED. Johnson seconded and the motion carried. 2 November 21, 1989 PRELIMINARY (OTHER BUSINESS - ITEM 4A) SUBDIVISION Dover Place Preliminary Subdivision No. SU-89-2 . This meeting will consider the Hearing Examiner' s recommendation of conditional approval of the Dover Place 39-lot residential subdivision No. SU-89-2 . The property is located north of 103rd Ave. S .E. and S.E. 228th St. intersection abutting a portion of the west side of 104th Ave. S .E. This plat is part of the Dover Place planned unit development also approved by the Hearing Examiner. Johnson pointed out that two appeals on this issue will be heard on December 19, 1989, and MOVED that this item be continued to that date. Mann seconded and the motion carried. COUNCIL (PUBLIC HEARINGS - ITEM 2D) PROCEDURES Executive Session Procedure - Public Hearing. Recently the Council discussed a personnel issue in an executive session and upon reconvening, took action. Comments have been received that the public had no notice that action would be taken after the closed session. This hearing has been established to receive input from the public suggesting how executive sessions might be better conducted. City Administrator Chow noted that the Councilmembers have received a memo from the Mayor containing the following suggestions: 1. In future when the Council intends to act on an item which it has discussed in executive session, and which it has determined is not time-sensitive, the Council should give the motion[s] it intends to pass a "first reading" to let people know what we intend to do. Then any such motion[s] should be automatically scheduled for a "second reading" and for final passage at the next consecutive Council meeting two weeks later. Such a procedure would give citizens and the press an opportunity to offer suggestions or criticisms. Even if we were to implement this procedure and allow public review of motions which we have discussed in executive session, it's important to note that Council Members would still be under no obligation to discuss any aspect of their decision-making rationale if they felt that such information would be sensitive, confidential, or privileged. 2. As a gesture of good faith, courtesy and openness, the Council should agree to hold a re-consideration vote on this controversial issue, and we should agree to hold a public hearing to allow open comments or criticisms of the subject proposal. 3 November 21, 1989 COUNCIL White declared the public hearing open. Steve PROCEDURES Botkin, Editor of the Valley Daily News, stated that he saw this as executive sessions which mix private discussions with quick action, and that they should be two separate discussions. He also felt that the discussion of the salary of administrators held during an executive session on October 17 was not in compliance with the Open Public Meetings Act, under RCW 42 . 30 . 110 . Botkin said he is not aware of any public meetings where the salaries of all administrators were discussed, which indicates that it occurred during the executive session. He voiced concern about the first recommendation in the Mayor' s memo, which states " . . . it' s important to note that Councilmembers would still be under no obligation to discuss any aspect of their decision- making rationale if they felt that such information would be sensitive, confidential or privileged. " he said the public could be informed of the basis for decisions without being told details which should not be discussed in public. Botkin stated that quick action should not be taken on any item for which the public has not been notified. He recommended that the Council adopt the Mayor' s suggestion for a first and second reading procedure on any Council action which impacts the public. There were no further comments from the audience and JOHNSON MOVED to close the public hearing. Mann seconded and the motion carried. White suggested that the Council could study this item at their retreat in January. Dowell agreed and MOVED that the Council study new procedures regarding first and second readings. Mann seconded. Johnson suggested that the motion be amended to include the addition of Item No. 7 to Council agendas in the interim. Item No. 7 would indicate whether there would be an Executive Session and whether subsequent action would be taken. Dowell agreed to the amendment and the motion carried. PERSONNEL (PUBLIC HEARINGS - ITEM 2C) Adjustment of Salary Ranges. The City Council recently acted to grant greater flexibility in setting salaries for top City officials. The Council has asked for reconsideration and a public hearing. 4 November 21, 1989 PERSONNEL Mayor Pro Tem/Council President White noted that before a public hearing could be held, a motion must Salary Ranges be considered to set aside the Council rules contained in Resolution 1094 . MANN SO MOVED. Houser seconded and the motion carried. JOHNSON THEN MOVED to reconsider the previous Council action and to conduct a public hearing on the adjustment of salary ranges. Mann seconded and the motion carried. Fire Chief Angelo pointed out that his position is that of Fire Chief of Kent, Fire Chief of District 37 , Director of Emergency Services, and is responsible for the Building Department in Kent. He noted that a reclassification study had been done three years ago and that there were no comparable positions in the state for his position. Angelo asked the Council to evaluate his position based on comparables. He noted that last year he had submitted requests for consideration regarding his position and that of Assistant Chiefs. He pointed out that the overall process had been looked at and that it was determined some flexibility was needed so that administration could adjust to changing needs. He noted that in his situation, there was a limit and no flexibility, and again urged the Council to evaluate the position. White declared the hearing open. Don Knapp stated that, although he is not opposed to raising the salary of Kent employees, he felt it should have been discussed in a public meeting. Mann clarified that it was not the salaries that were raised, but the ceiling for the positions. Ralph Leonard, 1020 E. Laurel , stated that a bonus could have been given to the individual rather than raising the range for all department heads. Leonard questioned whether all factors had been taken into consideration during the 10-minute executive session. Dee Eklund. Chamber of Commerce, encouraged the Council to study this issue. There were no further comments from the audience and MANN MOVED to close the public hearing. Houser seconded and the motion carried. 5 November 21, 1989 PERSONNEL Dowell pointed out that this item had been discussed over a long period of time, not just in the Salary Ranges 10-minute executive session. He also said that after the executive session, none of the public returned to the chambers . Lyle Price of the Valley Daily News stated that the public was not aware that action would be taken. Dee Eklund stated that had she known, she would have remained, and returned to the meeting. Dowell pointed out that when Administration calls an executive session, the Council does not necessarily know what the subject will be, other than in very general terms. MANN MOVED to move the Fire Chief to the City Administrator level and pointed out that the Fire Chief ' s position includes not just Kent, but the community surrounding Kent. He stated that when these areas are incorporated into Kent, other department heads will be compensated accordingly, but that the Fire Chief is in charge of them now. Johnson seconded the motion. Johnson stated that executive sessions should be noted on the agenda, as well as whether action will be taken afterward. He also noted that it is the responsibility of the Council to make decisions regarding salaries for employees. Dowell pointed out that other department heads also work in areas outside the city. He questioned whether those department heads would also be raised to the level of the City Administrator. Johnson said that the salaries of other department heads should be studied as well as that of the Fire Chief. Dowell said he felt a study should be done before other department heads are raised to the City Administrator level , noting the impact to the * budget. Upon Mann ' s question, Angelo clarified that during the study done three years ago, not all the information available was used. He encouraged the Council to take the time to do a study and to consider the impacts . Johnson pointed out that Chief Angelo had requested that Administration look at his salary range classification, and that that request should be granted. He noted that other department heads could also request that their ranges be reviewed. Mann amended his motion to include an analysis of other department head 6 November 21, 1989 PERSONNEL positions. He clarified that it is still his intent to move the Fire Chief to the City Administrator Salary Ranges level . Johnson concurred. Dowell stated that no changes should be made until the study is completed. Mann stated that, as the previous study pointed out, there are no positions in the state comparable to the Fire Chiefs. White noted that many of the department head positions cover more than just the City, and that although the people in those positions deserve a higher range, it would greatly impact the budget. He said that considering present budget constraints, it may not be possible to increase salaries at this time. Houser stated that the Council, as well as Fire Chief Angelo, would be more comfortable if more detailed salary information were available. She also encouraged information to the public, so that they are aware of what material was used to make the decision. Upon a roll call vote, the motion, as amended, FAILED, with Dowell, Houser and White voting nay. HOUSER MOVED that Administration study the salary ranges of department heads . Dowell seconded. White asked that there be some type of public review, and Houser suggested a workshop. Johnson said it could be discussed at an Operations Committee meeting and then at a public hearing before the Council . White agreed and the motion carried. HUMAN SERVICES (OTHER BUSINESS - ITEM 4D) Human Service Roundtable Action Agenda Funding Package. In April , 1989 , the Human Services Roundtable adopted an "action agenda" to act regionally to meet the pressing human services needs of County residents. As the next step in the process, the Roundtable at its December 5 meeting will vote on a regional revenue package to fund the implementation of the action agenda. Lin Ball of the Planning Department noted that the highest priority programs in this project are child care, employability, family support, health care and housing. The Human Services Commission has recommended that the Roundtable ' s resolution for a funding package be endorsed. 7 November 21, 1989 HUMAN SERVICES Judy Clean, Director of the Human Services Roundtable Planning Project, explained the proposal as well as giving background information as to possible revenue sources. She noted that the City is not being asked to make a commitment for further funding and that the Roundtable is not seeking funding from City revenue sources. A packet of information distributed with the agenda has been filed for the record. Upon Dowell ' s question, Clegg stated that the capital budget would be $75 to $150 million over the next 8 or 10 years and the operating expenses were estimated to be $40 million per year. It was determined that Kent had contributed $6, 000 per year for the past two years. Paul Mann, the City' s representative to the Human Services Roundtable, read the resolution and MOVED it be approved by the Council . Houser seconded. Mann stated that he was pleased to be a part of this, that this program was serving as a model to the rest of the country. The motion then carried. SENIOR HOUSING (OTHER BUSINESS - ITEM 4C) BOND ISSUE Bond Issue - February, 1990 - Ordinance. The Mayor' s Assisted Housing Committee has recommended that the City Council resubmit a $6.7 million voter- approved bond measure on the February 6, 1990 ballot. Proceeds from the bond would build a minimum of 92 units of senior housing, which is estimated to meet approximately 25 percent of the identified need for low income senior housing in Kent. This proposed bond issue received a 68 percent approval vote in the November 6 general election, but failed to validate due to insufficient voter turnout. MANN MOVED to approve Ordinance 2875, directing the Planning Department, Finance Department, City Attorney, and City Clerk to resubmit a $6. 7 million voter-approved bond measure on the February 6 , 1990 ballot. Houser seconded. Motion carried. White asked that the Committee discuss the possibility of a mail-in ballot with the City Attorney. 8 November 21, 1989 BUDGET (OTHER BUSINESS - ITEM 4E) 1990 Budget. It was noted that immediately prior to this meeting, the Council had met at a workshop meeting. Finance Director McCarthy noted that at the workshop the Council directed staff to bring back a balanced budget with options to the workshop meeting at 5 . 00 p.m. on December 5 , at which time alternatives will be discussed. Barney Wilson addressed the Council , stating that the budget system this year was the most confusing he had encountered in 30 years. He stated that he had had less input, and had never talked to the Internal Budget Committee about the needs of his department. He commented that without input from the department heads between now and December 5, no progress will have been made. There were no further comments, and no action was taken. SOLID WASTE (CONSENT CALENDAR - ITEM 3D) Contract for Collection of Solid Waste. AUTHORIZATION for approval of the non-exclusive contract for collection of solid waste within Kent city limits with the Rabanco Company for a period of six months. Pursuant to Kent City Ordinance 2870, companies providing collection of solid waste services in the City may either enter into a contract or continue to provide service if that company was providing such on the effective date of the ordinance. The Rabanco Company chose to enter into the contract that was specified in the ordinance. That contract is set to expire on December 19 , 1989, ninety (90) days from the date of execution. The company has requested an extension of that contract, which is permitted by the terms of the contract. LIBRARY (CONSENT CALENDAR - ITEM 3F) Kent Library Sculpture Commission. AUTHORIZATION to approve the selection of sculpture by artist Valdis Zarins for the new Kent Library. The artwork was chosen from proposals by three finalists who were selected from a field of 95 artists who applied for the project. The jury for the project was Dr. Judy 9 November 21, 1989 LIBRARY Woods, Kent City Council; Grace Hiranaka, Arts Commission; Jeanne Thorsen and Thom Richardson, King County Libraries ; Laurel Whitehurst, Kent Library Board; Loralyn Young, Kent Library; Tom Jay and Elizabeth Sandvig, artists. ECONOMIC (CONSENT CALENDAR - ITEM 3C) DEVELOPMENT Economic Development Corporation - Resolution. CORPORATION ADOPTION of Resolution 1221 providing for the appointment of Jon Johnson to take Berne Biteman' s position on the Board of Directors of the City of Kent Economic Development Corporation. AUTHORIZATION to set a TEFRA hearing on the application of Continental Mills for Industrial Revenue Bonds for the Council meeting of December 5, 1989 . APPOINTMENTS (CONSENT CALENDAR - ITEM 3H) (REMOVED BY COUNCILMEMBER WHITE) Appointments. CONFIRMATION of the Mayor' s appointments as follows : Board of Adlustment. Ron Banister, through 2/94 . Arts Commission. Bev Domarotsky, through 10/93 . Barbara Biteman, through 10/93 . Frank Zaratkiewicz, through 10/93 . White introduced Banister, Domarotsky and Biteman, who were in the audience. JOHNSON MOVED that these appointments be confirmed. Houser seconded and the motion carried. POLICE (BIDS - ITEM 5A) Food Service - Corrections Facility. Three bids were received to provide food service for the Corrections Facility as follows: Consolidated Food Management of Mercer Island, Food Management Control Inc. of Seattle and ABC Services of Bellevue. The low bid was submitted by Consolidated Food Management of Mercer Island in the amount of $113 , 381. 75 based on feeding an average of 65 people per day. 10 November 21, 1989 POLICE HOUSER MOVED to award the bid to Consolidated Food Management, low bidder, in the amount of Food Service $113 , 381. 75. Mann seconded and the motion carried. Bid Chief Frederiksen commended Food Management Control, Inc. of Seattle for their service in the past. (A letter from Joseph McKamey of Curran, Kleweno and Johnson on behalf of Food Management Control was received at 2 : 40 p.m. today and was distributed at this meeting. ) PARKS AND (OTHER BUSINESS - ITEM 4B) RECREATION Green River Corridor Trail. AUTHORIZATION is requested to accept as complete the Green River Corridor Trail section adjacent to Van Doren' s Landing Park and to release retainage to Golf Landscaping upon receipt of state release. DOWELL SO MOVED. Houser seconded and the motion carried. FINANCE (CONSENT CALENDAR - ITEM 3B) Approval of Bills. APPROVAL of payment of the bills received through November 17 , 1989 after auditing by the Operations Committee at its meeting at 3 : 00 p.m. on December 1 , 1989 . (Figures not available. ) (CONSENT CALENDAR - ITEM 3G) Annual Accounts Receivable Write-off. AUTHORIZATION to write off $130 , 297 . 18 in City accounts receivable as discussed at the Operations Committee meeting of 11/15/89 . The amount represents 1. 3% of total City accounts receivable as of October 31, 1989. Both the Finance Department and Law Department feel they have pursued all cost effective collection efforts. The City' s accounts receivable collection process and individual accounts to be written off were distributed with the agenda. The write-off has a minimal budget impact since all accounts dated prior to 12/31/87 have been 100% reserved, and those accounts since 12/31/87 have been 5% reserved. The net budget impact is therefore approximately $6, 500. 11 November 21, 1989 REPORTS (REPORTS - ITEM 6A) Council President. White introduced Resolution 1222 Transportation urging the Governor and Legislature to hold a Funding special legislative session to adopt transportation funding packages to facilitate local and state ability to respond to transportation growth issues. He urged the council to support this resolution. JOHNSON MOVED to adopt Resolution 1222 . Houser seconded and the motion carried. (REPORTS - ITEM 6C) Public Works Committee. Johnson noted that the Public Works Committee will meet on Tuesday, November 28 . ADJOURNMENT The meeting was adjourned at 9 : 10 p.m. --------------------- Marie Jensen, CMC City Clerk 12