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HomeMy WebLinkAboutCity Council Meeting - Council - Minutes - 08/04/1992 i Kent, Washington August 4 , 1992 Regular meeting of the Kent City Council was called to order at 7 : 00 p.m. by Mayor Kelleher. Present: Councilmembers Bennett, Houser, Mann, Orr, White and Woods, City Administrator Chow, City Attorney Lubovich, Planning Director Harris, Public Works Direc- tor Wickstrom, Police Chief Crawford, Fire Chief Angelo, Parks Director Wilson, Information Services Director Spang, Human Resources Director Olson, and Finance Director McCarthy. Council- member Johnson was not in attendance. PUBLIC Employee of the Month. Mayor Kelleher announced COMMUNICATIONS that Anne Watanabe who is a Planner in the Plan- ning Department has been selected as Employee of the Month for August. He noted that Ms. Watanabe is very helpful and courteous and that she takes the time to work with applicants so that they understand the City' s regulations. He added that she is a devoted staff liaison to various citizen groups and committees and encourages their in- volvement in land use decision making. Planning Director Harris said that Ms. Watanabe is highly respected by other employees and expressed his congratulations and thanks. Reynolds Aluminum Recycling Month. Mayor Kelleher read a proclamation noting that August is the 20th anniversary of Reynolds Aluminum Recycling Company in Washington State, that Reynolds Aluminum Recycling has demonstrated a commitment to the environment by effectively decreasing the flow of aluminum in the solid waste stream, and has pro- vided the residents of Washington with leadership in aluminum recycling, established school recy- cling programs and assisted charitable organiza- tions. He then proclaimed August, 1992 as Reynolds Aluminum Recycling Month in the City of Kent and urged all citizens to become aware of and support aluminum recycling in their homes and work places. He presented the proclamation to Tom Grajewski, Convenience Center Supervisor at Reynolds Aluminum. Agenda Items. Other Business Items 4C - Deletion of Vacant Positions and 4D - WCIA Interlocal Agreement were both removed from tonight ' s agenda. Mayor Kelleher noted that King County Councilmem- bers Paul Barden and Kent Pullen are in attendance at tonight' s meeting. 1 i August 4 , 1992 CONSENT WHITE MOVED that Consent Calendar Items A through CALENDAR E be approved. Bennett seconded and the motion carried. MINUTES (CONSENT CALENDAR - ITEM 3A) _Approval of Minutes. Approval of the minutes of the regular Council meeting of July 21, 1992 . WATER (BIDS - ITEM 5A) Kent Springs Transmission Main. Bid opening was held on July 29 with eight bids received. Staff has reviewed the bids and recommends that the low bid of $1,799 , 993 . 56 submitted by Robison Con- struction be accepted. WHITE SO MOVED. Woods seconded. Charlie Kiefer submitted a letter addressed to Mayor Kelleher and a letter addressed to James Harris which noted that, as stated on page 76 of the Kent City Code 12 . 12A. 510 . 2 , "The City recog- nizes that each person has a fundamental and in- alienable right to a healthful environment and that each person has a responsibility to contri- bute to the preservation and enhancement of the environment. " WOODS MOVED to make the letters a part of the record, Orr seconded and the motion carried. Kiefer also read a letter from his neighbors Raymond and Nancy Motichka, John L. West, Denise Milliere, and Michael J. Downy to Randy Sandin, Grading Supervisor with King County, regarding how the City plans to satisfy the special conditions of the Army Corp of Engineers permit. Ed Fitzhugh stated that the City is going through a major part of his land, which is wetlands, and expressed complete confidence in the City' s engi- neers to get the project done safely and to ade- quately restore his wetlands. He added that the City has signed performance bonds with him stating that the pond would be there two years later. Carol Morris, representing the City of Kent, stated that the issues Mr. Kiefer brought up are not the issue before the Council tonight and that the method in which trucks will come through the property is something that can be handled outside 2 I August 4, 1992 WATER this meeting. She explained that the Corps, not the City, attaches conditions to the permit, and that any additional conditions can be worked out. She added that Kiefer' s concerns are temporary construction problems and reminded him that one of the conditions imposed is construction of a wet- land, which would be beneficial to the property owners. Bennett pointed out that while surrounding coun- ties and cities are facing water shortages, this water line is losing water every day and urged that the bid be accepted. The motion then car- ried. TRAFFIC (PUBLIC HEARINGS - ITEM 2A) CONTROL 272nd/277th Corridor Project. This date has been set for the public hearing to gather public input on the Public Works Department' s recommendation to proceed with the project and to pursue the estab- lishment of the preferred alignment reflected in the FEIS with the County. Tim LaPorte, Project Coordinator for the City, explained that in 1984 a transportation plan iden- tified three corridor projects including 196/200, 228th and 272/277th. He noted that King County completed a similar plan which also stated that the 196th and 277th corridors were necessary to handle traffic in the 19901s. He said that a third study, the Green River Valley Transportation Action Plan also identified 277th as a critical link to handle transportation. He pointed out that the Growth Management Act mandates that transportation problems be solved. He noted that he has been the public contact on this project and that in addition to opposition to this project, there has been a considerable amount of support. He pointed out that a study done by Hebert Research indicates that 82% of those polled felt the City should proceed with the corridor project. Mike Delles of W & H Pacific, described the alter- natives, including no action, and noted that Alternative A has the least impacts to wetlands, wildlife habitat, right-of-way requirements, fisheries resources and that it effectively meets the project objectives, is the most compatible 3 i August 4 , 1992 TRAFFIC alternative with the King County' s corridor CONTROL project, and has the least impact from the noise standpoint. He noted that public meetings were held and all affected agencies and concerned citizens were given the opportunity to identify issues regarding the proposed actions. He added that responses to over 100 letters and numerous verbal comments from the general public and agen- cies is provided in the FEIS. Tom Brubaker, Assistant City Attorney, explained that the issue before the Council tonight is whether or not to direct the Public Works Depart- ment to move forward with the project and obtain a road establishment from King County for the planned corridor. He stated that the SEPA process is complete, and noted that the City has given all affected persons an opportunity to be heard. Brubaker clarified for the Council that they must consider environmental impacts during their delib- erations, but they are not required to avoid all environmental impacts. He added that although additional studies might provide more thorough in- formation, the City must reasonably decide when it has completed enough research to make an informed decision. He noted that any concerned citizen has the right to appeal the City ' s decision through the courts. He added that the SEPA process has shown that the environment will be impacted and affected, that people, families and homes will be impacted and affected, and that the general public will be benefitted. He explained for the Council that their consideration must focus on whether the regional benefits outweigh the individual impacts. The Mayor suggested a voluntary three-minute time limit for speakers, invited additional speakers to add their names to the sign-up sheet, and asked the City Clerk to begin calling off the names of the first people on the list. Dean Patterson, 10911 SE 284th, showed slides of the area, noting that it provides an ideal green- belt which allows animals to traverse a long dis- tance. He stated that the more roads there are, the more traffic there is. He urged the Council to think 20-30 years ahead and leave the area as it is. 4 i August 4, 1992 TRAFFIC Bob Keever, 10812 SE 290th, Auburn, commented on CONTROL the hill-climb portion of the project, noting that it is a greenbelt, a wildlife corridor and a visual break between the continuous development. He pointed out that during the Soos Creek proceedings, a number of private citizens applied for variances to allow them to develop within the urban separator area, and they were all rejected. He asked the Council to consider what types of mitigation measures shall be applied on the hill- climb to avoid destroying the bluff. Bill Joy, 28183 - 109th S.E. , stated that this project would be in direct conflict with House Bill 1671 (the Commute Trip Reduction Act) because the addition of this road will be an incentive for the use of single occupancy vehicles. He suggested that the proponents of this project go to the County and let them take the responsibility for constructing a road. Craig Brown, 27118 - 41st Place South, said that he agrees there is a need for an east/west route in the Kent area, but that there is an oversight in the proposed 272/277th corridor FEIS, which is the lack of research on how this project will impact residents along 272nd on West Hill. He noted that page 61 of the FEIS states that the difference on the West Hill between the "build" and "no build" alternatives is not significant, and that on page 17 of the FEIS it says that according to forecast results, the proposed cor- ridor would attract significant traffic growth. He pointed out that there are no provisions for left turn lanes, although there are eight inter- secting streets and 47 driveways between Military and 46th Avenue South. He also voiced concern about the safety of students crossing the streets. He asked that the Council instruct Public Works to do a study and report on the impact of the 272/277 corridor project on the West Hill prior to the FEIS being approved by the City Council. He added that pollution to the salmon-bearing stream near Smith Bros. Farm and to Star Lake, as well as noise problems, have not been addressed. He said that although the Public Works Department has indicated that all interested persons were given an opportunity to testify, he and others were not adequately made privy as to what was going on with 5 i August 4, 1992 TRAFFIC this project. Chris Clifford, 2721 Talbot Road CONTROL S. , Renton, said that the 272/277 project is not a solution to Kent' s traffic problems. He noted that people traveling to Renton from 104th and Kent-Kangley will not go a mile south to use the 272/277 road, and added that the majority of drivers are heading northwest. He stated that the grade is too steep, and that SR 167 is already overloaded and this project would add traffic to it. He pointed out that the citizens who live where this project is proposed to be are not citi- zens of Kent, and said Kent should handle traffic problems in Kent. He added that this road will create congestion and encourage urban sprawl. He suggested that light rail be supported, that King County build the road in King County, and that Kent cut through Scenic Hill and complete SR 516 or build a road down 228th. Cheryle Noble, 316 W. Cloudy Street, stated that this project will not solve traffic problems, and questioned why over $30, 000, 000 should be spent on it. Robert Wells, 26006 - 116th SE, agreed that east/west traffic needs improvement, but that terminating this road at 116th will create an amazing traffic flow on 116th. He noted that 116th has ditches rather than shoulders and that a major rebuild on 116th would be required. He suggested looking at the long term picture in regard to where arterials are planned in the County, and the roads that will be improved. He suggested the road go to 132nd Avenue SE. John Kiefer, 11048 SE 274th Street, stated that he has a well which is not identified on the EIS and asked that that be taken care of. He noted that the City's Six-Year Transportation Improvement budget gives a total budget of $30 , 000, 000 and that the County's estimate is $38 , 804 , 783 . He added that the County states that the north corridor must be modified to include an extension to SR 181 which would cost $33 , 014 , 860, and provided documentation outlining these costs. He requested a breakdown of the $26, 860, 000 iden- tified as local for the project per Resolution 1317 as follows: (A) City of Kent Funds % (as of 8/4/92) (1) Utility Tax % (2) Property Tax % (3) Councilmanic Funds % (4) Other (Identify) % 6 i i August 4, 1992 TRAFFIC (B) Developer Mitigation % (as of 8/4/92) CONTROL Funds (1) Are these funds in escrow or is there a potential lien on individual prop- erties? What is the lien amount for each single-family residence, town- house, apartment, condominium or business? Please identify by tax lot number, address and owner of record. (C) Utility Local % (as of 8/4/92) Improvement District Funds (1) How will the LID be formed and who will be affected? Please identify by tax lot number, address and owner (D) County or State Funds % (as of 8/4/92) (E) What is the Plan if the $8 , 140, 000 is not granted by the TIB? (F) What is the Plan if the City cost estimate is off by $8, 804 , 783? Kiefer stated that the FEIS recognizes that there will be significant traffic noise and that the only mitigation offered is by the installation of sound-absorbing plantings and that this has dimin- ished from those outlined in the DEIS. Kiefer referred to a letter from Towne, Richards & Chaudiere, Inc. which states that the noise miti- gation is very weak. Kiefer noted that the City states that 13 resi- dences would be displaced and 43 . 1 acres required for right-of-way, and that the County approximates that 27 residences would be displaced and 64 acres required for right-of-way. Regarding the building setback, Kiefer stated that the 10-foot setback smacks of irresponsibility and common sense, since it implies the house would be habitable. He stated that the minimum building setback must take into account the design of the structure, the space required for placement of physical barriers to attenuate the traffic noise and vibration caused by truck/trailer combinations. He submit- ted a letter regarding this project from Chris Lehman of the Institute for Transportation and the 7 I i August 4, 1992 TRAFFIC Environment dated 2/14/92 , which was apparently CONTROL not submitted in time for the DEIS comments. Regarding the railroad crossing on 277th, Kiefer noted that Union Pacific has 6-12 trains per day which can cause delays of up to 30 minutes, which is why they would like an overpass. He added that Burlington-Northern has 15-30 trains per day which can delay traffic on 277th up to 15 minutes. He pointed out that sometime in the future METRO will have a commuter rail on the Burlington-Northern tracks. He said the cost for the project would be $71, 000, 000 . He noted that he received a copy of _.._�_. a letter from Don Wickstrom to Mr. Carleton CORRECTED REFER TO stating that there will be an LID and said that INUTES OF La.:,�..,.._ some of his questions were answered in the letter. 02 He noted that $250, 000 would be paid by City LID and felt that should be explained to Kent citi- zens. He voiced concern about funding and noted that the figures in Wickstrom' s letter do not agree with the figures in Resolution 1317 . Ann Holtzclaw, 10706 SE 225th Street, voiced concern about the anger and frustration being expressed by South King County residents. She stated that the 277th corridor will lay the foun- dation for the ills that Southern California is plagued with, such as fires, floods, mudslides, depletion of natural resources and massive traffic problems. She noted that this project is at a crossroads and urged the Council not to make the wrong decision. Hans Freiwald, 11824 SE 270th, commented on the damage to the environment and the noise that would be generated by this project. He said that studies have not been done on this and commented that development in the area is caused by greed. Charlie Kiefer, 10926 SE 274th, distri- buted a copy of a letter to the Editor from Ronda Taylor. WHITE MOVED to make all correspondence on this project a part of the record. Bennett seconded and the motion carried. Kiefer suggested using the funds to implement a bus system. He noted that even with this road, people will still drive their cars, since there are no HOV lanes on the corridor. He predicted that in 25 years the road will have to be torn up, and telephone poles, gas lines, etc. will have to be moved, and said it is less expensive to do it right the first time. Laurie Muller, 28305 - 193rd Avenue SE, said it is 8 i August 4 , 1992 TRAFFIC interesting that with the budget shortfall, the CONTROL City could pay an independent pollster and asked where the 82% in favor of the project live and whether they are willing to pay through an LID. She pointed out that she had read that this proj- ect was promoted by the Chamber of Commerce and County government. She said that the affected citizens will not give up, and urged the Council to give up the idea of the 277th corridor. Mike Muller, 28305 - 193rd Avenue SE, agreed that there is a traffic problem, and that the EIS shows that traffic will not be improved by this project. Ron Allen, 12221 SE 284th, noted that he has lived in California and agreed with Ms. Holtzclaw' s com- ments. He urged Councilmembers to visit the area and enjoy the quiet. He also stated that he is a member of the East Hill Environmental Citizens Alliance and that he took a poll at Albertson' s regarding this corridor, and that 85% replied that this project is not worth it. He noted that dis- cussion was held earlier tonight regarding the layoff of City employees, and urged the Council to drop this project and keep the City employees. William Carleton, 10201 SE 270th Place, noted that the results of surveys can be influenced by how the questions are asked, and said that this area should be preserved because it is of great value to Kent. He suggested looking for the solution which would be of the most help. Clinton Tullis, 16300 - 184th SE, noted that the 277th corridor has been planned since as early as 1967 . He said that there has always been opposition to it, but that people need to realize that every alternative is a trade-off and the best solution must be found. He said the City, County and State offi- cials need to make a decision, and noted that delaying the project increases the cost. Ed Pawlowski, 27727 - 106th Avenue SE, noted that he has attended many meetings on this project since 1978 and there has always been opposition to it. He questioned where the 82% in favor of the project were from. He noted that Gary Grant pro- posed and got the interchange at 212th built, even though there was opposition from the Chamber. He added that SR 516 was originally planned to come i 9 I i August 4, 1992 TRAFFIC through Scenic Hill but the Mayor and Council CONTROL opposed it, just as he now opposes 277th. He stated that documentation is inadequate because their questions are not addressed. He said that although the City would like traffic to go through the County, people who live in the County do not want it. He added that the corridor project will cost $80, 000, 000 and that the road will generate noise. Mike Nugent, 9220 S. 198th, Renton, stated that the City of Renton wants to put a route up East Hill on 192/196, in addition to Petrovitsky and 208/212th, which are over their capacity. He said that the traffic originates from east of Kent and the Covington area, and that the traffic from that area should connect up to 277th. He opined that the 82% in favor of the 277th project are from east of Kent and the Covington area. He said that although he is in favor of preserving the environ- ment, the traffic problem must be dealt with and suggested a bridge over the river half way up the hill. He added that the terminus should be at 132nd. Gay Fournier, 28261 - 108th Avenue SE, said that she has many questions about this project which were inadequately answered. She urged the Council not to vote to move ahead on the project tonight. She pointed out that the County is having open houses on their proposed routes, and asked why the City is contemplating moving ahead when the County is doing another EIS covering the same area. She suggested letting King County spend their money on King County projects, in view of the City' s budget problems. John Fenning, 27236 - 116th Place SE, noted that if the project goes in, his home will be destroyed and he cannot afford to move even if given fair market value for his house. He agreed that some- thing needs to be done about the traffic, but not in this area. Dave Heutchy, 10925 SE 287th, stated that if the road is built, there will be more dense development and more traffic, pollu- tion, noise and gridlock. He suggested looking more closely at bus transportation and rail trans- it. j 10 i August 4, 1992 TRAFFIC Laurie Muller expressed anger over the word NIMBY CONTROL and noted that she has studied this issue for over two years and is well educated on it. She said that these are citizens who are holding up their responsibilities. Martin Durkan, Jr. , 22401 Sweeney Road, Maple Valley, noted that he served as a consultant to the City negotiating with the County on the 277th corridor. He stated that the 277th corridor is urgently needed and agreed that the traffic on Benson is coming north from Kent. He explained that the people contacted by Hebert Research live on both the East Hill and West Hill of Kent. He said it is time to move forward on this project, and noted that King County plans to hook on to where Kent lets off and go clear to Highway 18. Randy Judkins, 26303 - 116th Avenue SE, urged the Council to listen to the public. Clinton Tullis explained that under State law, people are compen- sated for the loss of their house or property, for the extra cost of moving, changing schools and whatever else is necessary to find something com- parable. Dave Ekland, 108th and 272nd SE, expressed concern that other alternatives were not given a fair shake, and suggested using over- passes. Ann Holtzclaw stated that all of the people here tonight have put in hundreds of hours on this project and that there is a need to separ- ate the real concerns of citizens from the paid interest groups that are determined to ruin the south end of King County. Craig Brown stated that he is not against the project but that the impact to West Hill is a very important aspect and the project needs to be better evaluated. There were no further comments and WHITE MOVED to close the public hearing. Houser seconded and the motion carried. Upon White's question, LaPorte noted that the Metro representative had emphasized that HOV lanes are not warranted on Alternative A or the 277th corridor since Metro is not planning on extending the route service along the 277th corridor, and that they saw the improvement along the Kent- Kangley corridor as a result of 2-�7th to be their 11 I i August 4 , 1992 i TRAFFIC major benefit. Mr. Delles stated that the West CONTROL Hill area was considered adequately during the process. WHITE MOVED to proceed with the project and to pursue the establishment of the preferred align- ment reflected in the FEIS with the County. Woods seconded for discussion. White explained that this project can go no further unless Council moves it along, that it provides the opportunity for people to further challenge this, and that sending it to committee would simply prolong the situation. He noted that this project may be killed by the courts but that the problem is not being solved by doing nothing, therefore he would like to see the project move ahead. Orr stated that she cannot support White' s motion at this time because she would like answers to some of the questions raised, as well as her own questions. She voiced concern about the align- ment, and said she would like more information about it before voting to move forward. She also expressed concern about West Hill in regard to traffic near schools in the area. Mann also voiced concern about the alignment, noting that he would like assurance that the project would con- nect with Highway 18 . He also noted that a way to accommodate the intersection at Military Road and 272nd should be part of the plan since additional traffic would be generated because of the corri- dor. He pointed out that the City is short of money and now is not the time to do this. He noted that I-5 and SR 167 are already gridlocked during rush hours. He pointed out that the Regional Justice Center in Kent will generate 2000 more vehicles, and if 277th allows vehicles to enter SR 167 , traffic will be unimaginable. He said he is convinced that this will be in the courts for many years, and therefore it should be stopped at this point. He suggested using the leftover money for overpasses. WHITE withdrew his motion and then MOVED that this matter be referred back to the Public Works Com- mittee for a formal recommendation. Bennett sec- onded. White reminded councilmembers that the 12 August 4 , 1992 TRAFFIC number one priority for the City for the past few CONTROL years has been the 272nd corridor. He pointed out that when money is raised to build roads, it must be used for roads or be given back to taxpayers. He said that councilmembers have an obligation to the citizens to do something about the traffic problems being created by County residents passing through the City. He added that no alternatives were offered tonight; E.J. Pawlowski disagreed. i The motion to refer this matter to the Public Works Committee then carried. GROWTH (CONSENT CALENDAR - ITEM 3C) MANAGEMENT Growth Management Planning Council (GMPC) Agreement. APPROVAL of the revised GMPC agreement j to extend the duration of the original agreement until "completion of the designated duties of the GMPC" , as recommended by the Planning Committee. The original agreement between King County and the City was approved by the City Council on January 21, 1992 . CODE (CONSENT CALENDAR - ITEM 3E) ENFORCEMENT Radon Gas Measurement Device Fee. ADOPTION of Resolution No. 1319 which establishes a $15 fee for the provision of radon gas measurement devices, which the City must provide to certain new residential construction under a new State law. ANNEXATION (OTHER BUSINESS - ITEM 4A) West Hill Island Annexation. The proposed ordinance repeals Ordinance No. 3049, which annexed the "West Hill Island" . The reason for this repeal is that the City had not completed its SEPA review of the island annexation at the time the ordinance passed. The ordinance will come before the Council at its next regularly scheduled meeting for reconsideration, at which time the j SEPA process will be complete. j WHITE MOVED adoption of Ordinance No. 3060 j repealing Ordinance No. 3049 . Houser seconded and the motion carried. 13 i August 4 , 1992 CITY (ADDED ITEM BY COUNCILMEMBER MANN) POLICIES Layoff Policy. Mann expressed dismay over Admin- istration's new layoff policy, particularly as it relates to the issue of seniority. He noted that his criticism is not with the layoffs, but with the way the layoffs were accomplished. He said that the new policy regarding layoffs without seniority is extremely detrimental to the City for the following reasons: It negatively affects attitudes and lowers morale, it is not fair or honorable, it generates fear and distrust among employees, it causes workers to lose trust in their employer, it leaves room for discriminatory practices by the Administration, it subjects the City to possible costly litigation, it gives the appearance of possible impropriety, it becomes an easy tool to reorganize and restructure without having to deal with normal just processes, it hin- ders new hires because good people will think twice about working for a city that holds little regard for productivity and faithfulness, it adds expense in training new personnel, and it frac- tures and polarizes the Council and Administra- tion. HE THEN MOVED that the Council request that the Mayor reconsider the current layoff policy and b introducing the principle of senior- ity, it y g p p ity, and that that change be made retroactive, incorporating the recent action on this matter. Orr seconded. Orr noted that she had expressed her concern about this policy with Mr. Chow after it was introduced, and that she shares Mann' s concerns. She said that layoffs without regard to seniority are unfair, and noted that she was extremely disturbed when she saw the list of names. She said she feels other things should be looked at. White re- minded the Council that he submitted to the Mayor, Councilmembers and Mr. Chow a proposal on the budget situation which proposed more layoffs than were made. He predicted that the City will come closer to 30 layoffs than to 11. He said he is also concerned with the manner in which this was j done, that the layoffs were made without taking into consideration the recommendations of their immediate superiors who run the department. He defended the Mayor' s right to make decisions, but said he hopes that in the future department heads i 14 I i August 4 , 1992 CITY would be consulted. White noted that until POLICIES recently, the Finance Department oversaw the Information Services Department and the Personnel Department, and proposed going back to that system which would eliminate two department heads and nearly $200, 000 in costs. He agreed that sugges- tions such as this should be looked at and expressed appreciation for other ideas. He noted that the only control Council has is the purse- strings, and stated that along with the Mayor' s responsibility comes a certain amount of respon- sibility to the Council and the citizens of the community. He said that if nothing is done about the current layoff situation, the City will proba- bly spend more on litigation and lawsuits than what would have been saved by the layoffs. BENNETT offered a friendly amendment to the motion to include performance as a criteria, and to review the layoff policy and make recommendations. He noted that under the original layoff policy temporary employees would be the first to be laid off, which would include 504 temporary Parks employees who operate the youth programs and so forth. He clarified that his intent is to avoid erring on the policy again. Mann explained that his motion is to request that the Mayor reconsider the current layoff policy and amend it by intro- ducing the principle of seniority, and that that change be made retroactive incorporating the recent action on this matter. He clarified that the introduction of seniority into the policy is one criteria. Bennett stated that he is not sure seniority was an issue in all of the layoffs and then withdrew his motion to amend. i Houser spoke in support of Mann' s motion and agreed with Bennett that seniority may not be the only problem in the current layoff policy and they should look over the policy to see if there are other problems which should be corrected. White reminded Councilmembers that Administration sets and administers the policy and unless the Mayor chooses to change the policies, nothing will I change. Russ Stringham, owner of The Hungry Bear, voiced concern that the final decision was made by the 15 i I I August 4, 1992 CITY Personnel Director. He said he felt department POLICIES heads should make the final decision and that the Personnel Directors' only involvement should be regarding the legal ramifications involved in labor law. He asked that that be Mr. Olson' s function, and that the department heads who work with the employees make the final decision. Judy Dreis spoke in support of Helen Wickstrom, Alice Neiffer and Stephanie Strozyk who were recently laid off, and in response to the City' s layoff r in which the list of layoffs � policy and the manner Y P was determined. Dreis pointed out that the Parks Department was asked to take the biggest number of cuts (55% of the proposed layoffs, although they j make up only 13% of the total budget) , that the layoff policy was changed in May to disregard seniority and give the City Administrator rather than the department heads the power to determine layoffs, that the recommendations of department heads were followed except for the Parks and Plan- ning Departments, that three of the people on Parks list volunteered to be put on the list because they were leaving the City for one reason or another, but none of the three were terminated, that Barney Wilson was told he would be terminated for insubordination if he did not lay off the people on the list, that letters of appeal go to the very persons who made the decision to lay them off in the first place, and that the people who were cut are the people who are bringing money into the City when there is a budget crunch. She asked whether department heads could be allowed to find alternate ways to save money rather than at the expense of key personnel. Dreis noted that Wickstrom has worked for the City for 26 years and has brought millions of dollars into the community from State and Federal funding and asked whether the many projects she was working on are now dead. She noted that Alice Neiffer has been employed by the City for 11 years, working with Helen Wickstrom to coordinate projects relating to grants. She added that Stephanie Strozky' s posi- tion as Public Relations Coordinator is very important for bringing in revenue for the Depart- ment' s programs. She commended the women for i their qualifications, their professional integrity and expertise, and their tireless efforts to pro- vide the best parks and recreation services 16 i I i August 4, 1992 CITY possible to the citizens of Kent. She stated that POLICIES she believes their terminations were politically motivated and that something must be done to reinstate them. When Roseanne King asked the City Administrator why Helen Wickstrom was laid off, he explained that as part of the appeal committee, he could not respond. Human Resources Director Olson explained for King that because appeals have been made, they cannot get into the specifics of the situation. King called for a no-confidence vote in the Mayor from the Council, for them to replace Mr. Chow, and for the citizens of Kent to recall Mayor j Kelleher or vote him out in the next election. Pat Curran, 300 Scenic Way, noted that layoffs may be necessary, but that a policy that is fair and just should be followed. She said it is not just to eliminate seniority provisions or to ignore the recommendations of department directors. She added that when there is no rhyme nor reason, as in this case, there will be suspicion of retalia- tion to political enemies. She suggested that the Councilmembers have a right to look at the docu- mentation that was used in making the decisions on these layoffs, and stated that the morale of City employees is at an all-time low. She said that an equitable policy to deal with layoff procedures should be developed, and that the City cannot afford to lose outstanding people like Helen Wickstrom, Carol Proud and Alice Neiffer. i I Ted Laudenback, noted that in an article dated 6/16/92 Jim White said that he expected the fuss being raised over the proposed Police and Fire cuts would cause Kelleher and Chow to take a bigger shot at Parks and blame it on the Council, II and that he was right. He noted that the citizens of Kent expected intelligent and humane treatment j from City officials regarding layoffs, but instead saw the Mayor and City Administrator use the reduction in force as another ploy to vent their hate and vengeance toward the Parks Department and wipe out a segment that is vital to the City parks future. He noted that Ms. Wickstrom' s skills in negotiating contracts, acquisition of land, and obtaining funds are vital . He said that laying II 17 it August 4 , 1992 j CITY off Wickstrom, Alice Neiffer and Stephanie Strozyk POLICIES destroyed a complete crew, which shows that the Mayor does not understand the inside workings of the Parks Department. He said that the Mayor made the list . and mandated the layoffs, and that it is public knowledge that he has been after the Parks Department for years. He added that the loss of funds which would be generated by Wickstrom and her staff would overshadow the budget savings. He predicted that an additional reduction in force will take place in September, and wondered what the Mayor and City Administrator will do next. He said that the Mayor will regret his decision to cripple the Parks Department next election day. Brad Bell, 26034 - 142nd Avenue SE, complimented Paul Mann for showing that the emperor has no clothes. He said he is confused as to who is run- ning the City, since the Mayor says the Personnel Director makes the decisions, Ed Chow says he has nothing to do with it, and the City Attorney won't let the Personnel Director talk about it. He noted that it is frustrating to the citizens not to know what is going on, or who to argue with. He said that a tremendous mistake has been mad e and applauded the Council ' s decision to come for- ward and say so. He stated that the layoff decision lacked common sense and that he hopes the people who made the mistakes in this decision have the courage to admit it and make it right. Ralph Leonard stated that the root of this problem j lies in the revision of the layoff policy. He said that he has compared the original layoff policy with the revised layoff policy, and was astounded to see the way the policy was manipu- lated. He said that everything in the old policy that referred to discretion, department heads making decisions, seniority, understanding, being equitable, and being fair was removed from the policy. He said that the power was moved to the Administration, who does not have to answer to anyone regardless of what department directors do. Leonard said that employees have no confidence, even those with many years of service, because of the power given to Administration through the ma- nipulation of the layoff policy. He said the entire work force has been disrupted and that if 18 i August 4 , 1992 CITY this stands, employees will walk around like pup- POLICIES pets, which may be what is desired. He stated that situations like this have been handled very amiably by U. S. West by offering early retirement and two years pay, and that there are ways of handling the situation without being a bull in a china closet. Bill Doolittle, 412 N. Washington, said that what he has heard tonight is refreshing and urged citi- zens to continue to attend meetings because that is the way to prevent something like this from happening again, and is the only way to get it turned around. Woods thanked Mann for his motion and reminded everyone that even though the motion may pass, it may be fruitless since there is no guarantee that it will be implemented. She encouraged citizens to take the responsibility to be diligent and con- tinue to monitor the actions of government. She noted that councilmembers have limited powers and that the executive may not always take their advice and implement the legislation that they pass. She thanked all the citizens for being at the meeting tonight. Orr agreed with Woods and said that even though there are things that obviously could and should be done, they do not have the ability or power to do them. She said she is disturbed because some of the things that could have been tried were not tried, one of which was early retirement. She said that she is dis- turbed that department head recommendations were not taken into consideration, and that Administra- tion should have some sort of appeal from the Department Heads. She said that the Department Heads recommendations should be discussed with Administration before the layoff notices go out, so that both understand why the Department Head has made those recommendations and why Administra- tion made their suggestions. Orr said she is con- cerned that the City could lose projects that have a direct impact on citizens, and that if not all programs cannot be preserved, consideration should be given to the ones that are most impacted by City resident participation as opposed to those that are 80% participation from outside the City. She said she has found it difficult to obtain 19 i August 4 , 1992 CITY information on the cost of temporary employees, POLICIES consultants, overtime and the cost of laying off certain people. She suggested that possibly a City employee could act as a Kelly person and serve more than one department, and said that things like that should be looked at. White commented that he also has copies of the layoff policy signed by the City Administrator on October 1, 1991 and the new layoff policy signed by the City Administrator on May 15, 1992 , and removes common sense from the la that it r off Y policy olic and puts dictatorship in. He said he is very unhappy with the situation, that there are many other things to cut in the budget. He said it is time for honesty in government. He agreed that it is difficult to obtain information and noted that citizens do not know what questions or who to ask, and that it is frustrating. He said that the situation here tonight is in the hands of the Mayor. Orr noted that although attention has focused on the Parks Department tonight, there are other departments and other long-term employees who were laid off, and that all should be consid- ered. Mann' s motion then carried. Mr. Laudenback asked the Mayor for his feelings on the situation. Mayor Kelleher explained that li during the past couple of years the City has been engaged in a downsizing of staff and that it would be difficult to come up with any solution that would not generate controversy. He said that laying off people recommended by Department Heads would also have been controversial and that it would have affected important programs. He said he respects the criticism that he has been playing politics with this issue, and that he has tried to avoid unethical decisions in the matter, but there are legitimate disagreements over where cuts should come. He explained that in the beginning the amount of cuts each department has already taken was considered, so that all department cuts were in proportion to the size of their staff. He noted that this resulted in proposed cuts of 15 employees in Police and Fire, and that the Council did not want that. He said Administration then reduced the number of cuts in Police and Fire and realloted the cuts to Public Works, Parks, Fire 20 i II August 4 , 1992 CITY and Police because they have the largest staffs. POLICIES He added that there is a possibility that staff may further be downsized in coming months. He promised to talk to staff and to take the Coun- cil ' s suggestion under consideration. He noted that criticism is part of his job, and that poli ticians run for office because they have a commitment to do something g for the community. He added that it is a thankless job sometimes, and thanked the citizens for attending tonight. POLICE (OTHER BUSINESS - ITEM 4B) DEPARTMENT Police-Library Remodel. As specified in the con- struction contract closeout specifications for the Library Remodel Project, the Police Department, upon recommendation of the project architects and engineers, seeks formal Council acceptance of the building. This action relieves the contractor and the City of its obligations purs uant to the con- struction contract and triggers the one-year warranty period and the release of retainage to the general contractor, ACGI of Kent. Captain Sweeney noted that the equipment, roofing, carpets, glass, etc. , carry manufacturer' s warran- ties that exceed the contractor' s one-year warranty period. He stated that final building approval and occupancy was granted on July 20, 1992 . He emphasized that this ends the construc- tion contract only, and that he will return to Council in October to bring the project to full completion, at which time a full cost accounting will be made. He added that the project is on time and under budget, and thanked the Mayor and Council for their support and personal interest in this project. MANN MOVED to accept the Library Remodel construc- tion as complete, and to authorize the release of retainage and the commencing of the warranty period in accord with Police-Library Remodel Proj- ect Specifications 9 . 8 . 2 (Supplementary General Conditions) . Houser seconded and the motion car- ried. 21 August 4 , 1992 III FINANCE (CONSENT CALENDAR - ITEM 3B) Approval of Bills. Approval of payment of the bills received through July 31, 1992 after auditing by the Operations Committee at its meeting at 2 : 00 p.m. on August 4 , 1992 . Approval of checks issued for vouchers: Date Check Numbers Amount 7/16-7/31/92 120622-121255 $1, 360,464 . 58 Date Check Numbers Amount 8/5/92 01175243-01175796 $ 673 ,859. 10 (CONSENT CALENDAR - ITEM 3D) Gambling Tax Ordinance. ADOPTION of Ordinance No. 3059 which clarifies the penalty process for non- payment of gambling taxes, and establishes a 20 percent penalty for taxes not paid within three months of the original due date. REPORTS Council President. Council President Woods sug- gested a workshop regarding the 1993 budget and after discussion Councilmembers decided to hold the meeting on August 31. McCarthy agreed to check with Councilmember Johnson as to the best time for the meeting. Steve Dowell requested that the Council President not schedule two such explosive political items for the same agenda in the future. Houser pointed out that although the 272/277th Corridor project was on the agenda, the layoff policy was an added item. Dowell stated that he feels sending the 272/277th Corridor issue back to committee shows a lack of leadership. Orr explained for him that, because of the motion in the agenda packet to refer the issue back to the committee, she felt she would have an opportunity to get her questions answered, but that that motion was not presented during the discussion. White pointed out that the alternate language for the motion was distributed to Coun- cilmembers prior to the meeting; Orr noted that she did not receive it until 6 : 15 p.m. which did not allow time to get answers to her questions. 22 August 4 , 1992 REPORTS Dowell noted that the agenda is not the rule and said it is strange that the agenda was directed in such a way as to eliminate the possibility of voting on the issue. Regarding the budget, Dowell stated that although the Mayor asked for advice, when he proposed to lay off 25 employees including police and fire, the Council did not want that to happen. He noted that when the Mayor then laid off eleven employees, the Council did not support that either. He said he feels that is not fair and is not leadership. He added that the process was flawed in the way it was handled. He suggested that the Councilmembers meet and decide how to handle these things in order to avoid tearing themselves apart, as well as tearing the community apart. Operations Committee. Houser noted that the Operations Committee will now meet at 3 : 00 rather than 2 : 00 p.m. to accommodate working schedules. Administrative Reports. The Mayor reported that the people who are getting ready to take applications for the filling up of the senior housing have requested that we come up with a name for the building to help in promotion. He suggested a contest and asked whether the City Council would be willing to look at suggested names. Councilmembers agreed. ADJOURNMENT The meeting adjourned at 11: 30 p.m. X Brenda Jaco er CMC City Clerk 23