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
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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.
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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.
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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.
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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.
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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
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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.
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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.
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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
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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.
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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.
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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.
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Marie Jensen, CMC
City Clerk
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