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Kent City Council Meeting
November 19, 2013
The regular meeting of the Kent City Council was called to order at 7:01 p.m. by
Mayor Cooke.
Councilmembers present: Higgins, Albertson, Boyce, Perry, Ralph, Ranniger, and
Thomas.
CHANGES TO THE AGENDA
A. From Council, Administration, Staff. No changes.
B. From the Public. None.
PUBLIC COMMUNICATIONS
A. King County Councilmember Julia Patterson. Mayor Cooke introduced King
Councilmember Patterson. King Councilmember Julia Patterson. Patterson stated that
this is the last time she will be speaking publicly as a King County Councilmember. She
discussed her past experience and stated that it is amazing that the progress the City
of Kent has made. Patterson highlighted "The Platform" and Kent's work on transit-
oriented development. She said she has tried her best to serve the residents and to
work with the City. She felt that King County has done some good work in Kent and
discussed parks and the trail system. She noted that work on the Lake to Sound Trail
will begin soon because of the passage of the King County Parks Levy. She highlighted
the importance of transit and light rail and discussed light rail stations and the new
Tukwila station. She noted that Rapid Line F runs between Burien and downtown
Renton. She discussed King County Public Health and noted it keeps residents healthy
by inspecting restaurants, removing hazardous waste, removing methamphetamine
labs, etc. South King County Public Health is agressively enrolling people in Kent in
health insurance through the Affordable Healthcare Act, she said. Last week there
were hundreds of people lined up at the health insurance enrollment event. She
discussed social justice and equity and that South King County is the most diverse
area in the County. She said she chaired the King County Flood Control District and
explained what has occurred with the Howard Hansen Dam. She noted that King
County has been in communications with the City to determine what the best approach
is to move forward. She noted that FEMA has communicated that the flood maps are
five years away and discussed the System Wide Improvement Framework (SWIF), a
plan on how to prioritize projects in the valley. She noted that with SWIF, the safety
and environmental points of view along with financial interests will be balanced so the
most appropriate investments are made. She noted that the lower Russell Road
funding has been accelerated. She stated she regrettfully wasn't able to determine a
long-term dedicated funding source for human services. However, she said she will
continue to advocate for a funding source for it. She said she is happy about the work
done in Kent and is very fortunate to have worked with the City. She thanked the
Mayor, Council, and the City.
Mayor Cooke thanked King County Councilmember Patterson for her service.
Kent City Council Minutes November 19, 2013
Councilmember Thomas thanked King County Councilmember Patterson for her
service.
Council President Higgins thanked King County Councilmember Patterson for her
assistance with working on Kent's issues. He said he would miss her.
Councilmember Albertson said that she appeciated her talking to people about transit-
oriented design and what it brings to a community. She said the City was lucky
enough to get a grant on transit and thanked her for all her work. She thanked her for
her service and for being a mentor.
Councilmember Boyce said he met King County Councilmember Patterson years ago
when he was on the school board and that she has shown that she accomplishes what
she sets out to do. He thanked her for her service.
Councilmember Perry thanked her for coming and for her service. She said she has
been a constant voice for those who don't have a voice and thanked her for it.
Councilmember Ranniger said King County Councilmember Patterson will be
remembered for her dedication to South King County and her work on social justice
and equity. She said she hopes she isn't a stranger in the future.
Councilmember Ralph discussed her first meeting with King County Councilmember
Paterson and said she is a champion for the city of Kent in the flood fight and wished
her good luck in all her future endeavors.
Councilmember Patterson thanked the Council.
B. Public Recognition.
a. Kent Food Bank & City of Kent Giving Campaign Presentations. City Clerk
Ronald F. Moore presented Jeniece Choate, Executive Director of the Kent Food Bank
with a check for $5,689.47 which was raised by the City staff during their Giving
Campaign Event. In return, Ms. Choate presented Mayor Cooke with a plaque for the
City staff continuing support of the Kent Food Bank.
b. National Video Programming Award for Edgard Riebe, City Video
Coordinator. Mayor Cooke introduced Dea Drake, Multimedia Manager. Dea
communicated that Edgar Riebe, City Video Coordinator won a national award for his
work on a program for the City of Kent called "Calling Kent Home." She noted that he
also won a First Place Award from the National Association of Telecommunication
Officers and Advisors (NATOA). Riebe discussed his appreciation for his job at the City
and the various opportunities and programs in Kent.
c. Introduction of new Arts Commissioner, Kathleen Morelli. Mayor Cooke
introduced Kathleen Morelli and recommended her for the vacant Arts Commissioner
position. She stated that she has lived in Kent for seven years and is ready to dig in on
the Arts Commission.
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C. Community Events. Councilmember Thomas highlighted an upcoming ShoWare
event featuring a Beatles cover band and Herman's Hermits on December 13.
Councilmember Ranniger discussed the Christmas Rush Fun Run on December 7. She
said people can register through the Community Calendar on the Council webpage.
She said that the tree lighting is at 5:30 p.m. at Town Square Plaza on December 7.
Mayor Cooke added that Santa arrives around 4:00 p.m. Councilmember Ralph stated
that the Magical Strings Concert is 3:00 p.m., December 8 at the Kent Meridian
Performing Arts Center.
D. Proclamation of small Business Day.. Mayor Cooke introduced Barbara Smith,
Executive Director of the Kent Downtown Partnership (KDP) who discussed small
businesses in the City. Smith communicated that there are new shops in downtown
Kent and 52% of the funds spent downtown stay in the City. She noted that KDP
assists in keeping Kent businesses open and discussed the holiday decorations on
Meeker Street and the transformation of downtown for the holidays.
E. Proclamation of Pancreatic Cancer Awareness Month. Mayor Cooke
introduced Julie Pember and her husband. She communicated that pancreatic cancer
affects everyone, not just older people. She noted that she is here to raise awareness
and thanked the Mayor and Council for the proclamation.
F. Proclamation of American Diabetes Month. No one was present to accept the
proclamation.
G. Economic Development Report. Ben Wolters introduced Caleb Billedoe, a
student who won first place in an essay contest at Kent-Meridian Middle School.
Billedoe read his prize winning essay.
Mayor Cooke thanked Caleb for his essay.
Wolters communicated that it is time to share the story of Kent with others. He noted
that there will be a three-day exercise with Arnett Muldrow & Associates on February
25 - 27 to guide the City in establishing its brand and marketing prospective. He said
that this community is known for getting the work done and not talking about itself.
However, he said it's time to move beyond that tell the story to assist economic
development.
He stated that Allegro Dance studio has moved south of Meeker Street and the owner
Tonya Goodwill. He noted that The Platform is scheduled to open in May. He added
that the hotel industry is interested in downtown Kent. He continued and noted that
there is a welcome and introduction planned for the new CEO of REI, Jerry Stritzke. He
added that Hexcel Aerospace is working with the Economic and Community
Development Department and the Green River Community College to work on training
for their 150 new employees, growing from 450 to 600 employees. Finally, he said the
Lake Meridian Marketplace renovation is going on and a complete renovation is
planned.
H. Intergovernmental Reports. Council President Higgins stated that there is a King
County Regional Transit Committee meeting on November 20 and they will be working
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on the planned transit cuts based on the 17% revenue shortfall. He added that the
King County Regional Policy Committee met and noted that the King County Council
voted to delay the decided to delay the Solid Waste Transport Plan from December
2013 to February 2014. Additionally, he pointed out that the King County Council
directed its staff to reexamine the need for the Northeast Transfer Station with the
hope to consolidate the northeast transfer needs to the Factoria Transfer Station.
Lastly, he noted that the Algona station is slated to close, but it is still up for
discussion. He concluded that the Mental Illness and Drug Dependency Oversight
Committee doesn't meet until December.
Councilmember Ralph communicated that the South King County Transportation Board
met today and Sound Transit is in the process of wrapping up their scoping process.
She noted that the King County Metro cuts to lessen the $75 million gap are being
discussed. Specifically, she said that 74 of the 214 routes will be deleted, 107 will be
reduced or revised, and only 33 will not be changed, but they would absorb the
resulting ridership increases. She added that they are looking to the legislature for
ways to get more transit funding for King County.
Councilmember Boyce discussed the Sound Cities Association and thanked
Councilmember Perry for encouraging him to go. He discussed the caucus meeting on
December 18 and one representative needs to be there from Kent.
Councilmember Perry stated she attended the Sound Cities Association Board of
Directors meeting tomorrow. She noted that all of the South King County Sound Cities
Association members will be gone next year and encouraged the Council to seek
positions on their board.
PUBLIC HEARINGS
1. 2013-2014 Biennial Budaet Adiustments — Second Public Hearing, Robert
Nachlinger, Finance Director explained the adopted 2013-2014 Budget and the
adjustments. He noted that this second public hearing is an additional opportunity for
public input into the changes to the previously adopted 2014 annual budget. He noted
that the gross operating budget for 2014 is $213,064,987 and reviewed proposed
adjustments, total expenditures by fund, total revenues by type, expenditures by
program, and city staffing levels.
Councilmember Thomas, Mayor Cooke, and Nachlinger pointed out that in 2010 the
Regional Fire Authority left the City, layoffs happened due to the recession, and the
annexation of the Panther Lake area occurred.
Mayor Cooke opened the public hearing.
No one wished to speak to the item.
Council President Higgins moved to close the public hearing, seconded by
Councilmember Thomas. Motion carried 7-0.
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2. 2014-2018 Capital Improvement Plan Adjustments - Second Public
Hearing. Robert Nachlinger, Finance Director discussed the 2014-2018 Capital
Improvement Plan Adjustments. He noted that this second public hearing is designed
to hear additional public input on the capital plans of the City for the 2014 Annual
Capital Budget. He gave a brief presentation which included discussion on the adopted
budget and anticipated revenues.
Mayor Cooke opened the public hearing.
No one wished to speak to the item.
Council President Higgins moved to close the public hearing, seconded by
Councilmember Thomas. Motion carried 7-0.
3. 2013 Tax Levy for 2014 Budget. Robert Nachlinger, Finance Director discussed
the 2013 Tax Levy for the 2014 Budget. He communicated that the City can tax 1% of
allowable growth and the estimated levy rate for 2014 will be $1.63 per $1,000.
Mayor Cooke opened the public hearing.
No one wished to speak to the item.
Council President Higgins moved to close the public hearing, seconded by
Councilmember Thomas. Motion carried 7-0.
4. Kent Comprehensive Plan and Amendments to Kent City Code Chanter
12.13, School Impact Fees. Charlene Anderson, Planning Manager discussed the
Kent Comprehensive Plan and Amendments to Kent City Code Chapter 12.13, School
Impact Fees. She noted that this public hearing considers amendments to the capital
facilities plans of the four school districts, Auburn, Federal Way, Highline, and Kent
that serve the city of Kent. She noted that Kent City Code authorizes school impact
fees to school districts that submit their capital facilities plans which lists their facilities
in Kent, the district needs, and how the needs will be funded. She noted that this
process occurs in conjunction with the budget.
Mayor Cooke opened the public hearing.
1. Bob Kentworthy, Auburn School District, communicated that the school district
forecasts an increase of 2,300 students and discussed the new Auburn High School
project. He noted that the calculated fee for single family residents is a decrease from
last year. However, the new multifamily rate reflects a slight increase over last year.
2. Tanya Nacimento, Federal Way School District, communicated that the district
services five jurisdictions. She highlighted the statistics of the district and each school.
She said the new Federal Way High School will be built and the impact fees will be
used for security cameras for the school.
3. Roger Shefford, Highline School District, stated that the district has gone through
considerable growth and now has 18,000 students. He said they have added five
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Kent City Council Minutes November 19, 2013
double portables at various schools. He noted that the reduced class size requirements
from the state are affecting the schools.
Council President Higgins moved to close the public hearing, seconded by
Councilmember Thomas. Motion carried 7-0.
PUBLIC COMMENT
1. Chris Kealy, Tacoma - Kealy stated that he is here to encourage the City to not act
on the moratorium. He stated that he is on the producer processer level and there
would not be any public knowledge of his facility.
Council President Higgins inquired what investment he was talking about and Kealy
responded that his investment amount would be $20 million.
Council President Higgins confirmed with Kealy that the City would receive about
$27,000 in B&O taxes.
Kealy said he proposes the City adopt a one-year pilot program. He said these facilities
won't have a retail impact on cities. He added that his facility would put an end to a lot
of the car racing activity that operates around the drug trade.
Councilmember Albertson inquired about the B&O taxes and verified that this facility
would bring an additional 120 employees into the City and Kealy responded that there
would be an office and a secure warehouse. He noted that the physical location would
be kept a secret.
2. Kirsten Brown, Kent - Brown communicated that she is a mother and an advocate
for child rearing and that there is a proven link between drug abuse and child abuse.
She gave statistics and stated that a marijuana facility cannot start in Kent.
3. Christine Masse, Seattle - Masse stated she is an attorney at Miller-Nash, LLP and
said the voters approved marijuana in Kent and it passed by even more statewide. She
urged the Council to not pass the moratorium and look at how many applications are
received in the next 30 days in the City to see if there is a potential problem. She
added that she isn't advocating for retail stores because they bring gang activity,
robbery, etc. She said Kealy is asking to locate here as a producer and distributor. She
noted that they recognize that I-502 has holes and doesn't allow for cities to obtain
the proper revenues.
CONSENT CALENDAR
Council President Higgins moved to approve Consent Calendar Items A
through L, seconded by Councilmember Thomas. The motion carried 7-0 and
the following items were approved:
A. Minutes of the workshop and regular Council meeting of November 5, 2013.
B. Approval of Bills.
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Kent City Council Minutes November 19, 2013
Approval of checks issued for vouchers:
Date Check Numbers Amount
10/15/13 Wire Transfers 5632-5648 $1,777,505.95
10/15/13 Regular Checks 677254-677634 1,395,268.49
Void Checks (0.00)
10/15/13 Use Tax Payable 3,050.94
$3,175,825.38
Approval of checks issued for payroll for October 1 through October 15 and paid
on October 18, 2013:
Date Check Numbers Amount
10/18/2013 Checks 333265-333413 $ 85,802.66
Voids and Reissues
10/18/2013 Advices 320316-320944 1,180,307.90
$1,266,110.56
C. Appointment of Arts Commissioner Kathleen Morelli - Confirm. Mayor Cooke
confirmed the appointment of Kathleen Morelli to the Kent Arts Commission.
D. 2014 Government Relations Consulting Services Agreement with Outcomes
by Levy - Authorize. The Mayor was authorized to sign the government relations
consulting services agreement for 2014 with Outcomes by Levy, in the amount of
$66,000.00 per year, plus agreed expenses, subject to terms and conditions
acceptable to the Mayor and the City Attorney.
E. Preferred Copier Systems Maintenance Contract for City Multifunction
Copier/Printer Devices (MFDs) — Authorize. The Mayor was authorized to sign a
to sign a Goods and Services Agreement with Preferred Copier Systems in an amount
not to exceed $150,000 over twelve (12) months for maintenance of the City's fleet
of Ricoh Multifunction Copier/Printer Devices subject to terms and conditions
acceptable to the City Attorney and Information Technology Director.
F. Write-off of Uncollectible Accounts - Authorize. The Mayor was authorized to
write-off of uncollectible accounts totaling $34,492.29.
G. Washington State Department of Ecology Coordinated Prevention Grant —
Accept. The Mayor was authorized to sign all documents necessary to accept the
Department of Ecology Coordinated Prevention Grant in the amount of $213,063 for
2013-2015, amend the budget accordingly, and authorize expenditure of the funds in
accordance with the grant terms, subject to final terms and conditions acceptable to
the City Attorney and Public Works Director.
H. Withdrawal of Membership in South King County Regional Water
Association — Approve. The Mayor was authorized to end City participation in the
South King County Regional Water Association effective December 31, 2013.
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I. Clean Water Act Municipal Stormwater Permit/Regional Stormwater
Monitoring Program - Authorize. The Mayor was authorized to sign a letter of
intent to commit $77,402 per year for four years starting August 15, 2014 to
participate in the Washington State Department of Ecology Regional Stormwater
Monitoring program as required by the 2013 - 2018 Phase II Municipal Stormwater
Permit.
J. Professional Services Contract E-S Press, Inc., "Emotional Survival" -
Authorize. The Mayor was authorized to sign a professional services contract with E-S
Press, Inc., for "Emotional Survival" training for police personnel, in an amount not to
exceed $27,500.00, subject to approval of final terms and conditions acceptable to the
Police Chief and City Attorney.
K. Washington Traffic Safety Commission Memorandum of Understanding
(MOU) for DUI and Seatbelt Enforcement - Authorize. The Mayor was authorized
to sign the Memorandum of Understanding between the Washington Traffic Safety
Commission and the city of Kent in the amount of $8,000, reimbursing the city for DUI
and Seatbelt enforcement, amend the budget, and authorize expenditure of the funds,
subject to approval of final terms and conditions by the Police Chief and City Attorney.
L. School Resource Officer Agreement - Authorize. The Mayor was authorized to
sign the School Resource Officer Agreement between the Kent Police Department and
Kent School District for the 2013-2014 school year, subject to approval of final terms
and conditions by the Police Chief and City Attorney.
OTHER BUSINESS
A. Downtown Subarea Action Plan Ordinances - Adopt. Fred Satterstrom,
Planning Director discussed the Downtown Subarea Action Plan Ordinances. He
discussed the process which led to this item being presented to the Council. He
highlighted the make-up of the downtown area and what the emphasis of the plan
was. He noted that there is an emphasis in making downtown a livable place for
residents by reducing noise, realigning open spaces, increasing lighting, and lowering
restrictions for residential building. He noted that the Land Use and Planning
Committee has had six workshops and three hearings on this item. He discussed what
would come to the Council in the future should this plan be adopted.
Council President Higgins thanked Satterstrom, Anderson, and Guild-Wessen for their
work on the plan. He said he is pleased with the work and is excited to see it
implemented.
Councilmember Perry thanked the City staff and the citizens who were involved in this
who answered surveys and attended the public meetings. She said it was a great
public process that determined the needs.
Councilmember Perry moved to adopt Ordinance Nos. 4090, 4091, 4092, and
4093, seconded by Councilmember Boyce.
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Kent City Council Minutes November 19, 2013
Councilmember Perry communicated that this has gone through a rigorous vetting
process. She said it addresses the needs of residents and it looks at downtown
"horizontally" to also preserve the neighborhoods the City currently has. She urged the
Council to approve the motion.
Councilmember Thomas communicated that he is opposed to the item because he felt
the plan hasn't gone far enough to express what the City will become in the future.
A vote was taken on the motion on the table which carried 6-1.
Councilmember Thomas opposed.
B. Six-Month Marijuana Zoning and Business License Moratorium ordinance —
Adoot. Mayor Cooke introduced Acting City Attorney Pat Fitzpatrick. Fitzpatrick
presented the legislative background of marijuana in the City. He noted that the only
land use restriction in state law is that there be a 1,000 foot buffer from parks,
schools, churches, etc. He noted that the Kent City Code only states that the uses
allowed in the code can be done in a specific zone. He communicated that it is the .
Planning Director who reviews petitions for specific uses in zones. Currently, he
pointed out that there are no zones that allow marijuana use in Kent. He noted that
currently, Liquor Control Board, Department of Health, and the Department of
Revenue have noted that they will submit legislation to have medical marijuana
absorbed into the recreational marijuana legislation, which would ban collective
gardens. He noted that the City is in a position to amend the code that any land use
that is a federal offense is not allowed in Kent unless the Council moves to allow it. He
communicated that the City feels that it is best for the Council to institute a
moratorium for the City to move through working on the legislation and with the Land
Use and Planning Board and Economic and Community Development Committee. He
added that the liquor control board is taking applications and a public hearing on this
moratorium is required within 60 days of its passage which would occur on January 7.
He noted that the moratorium would ban all marijuana in the City of Kent. He
announced that Renton passed a moratorium on November 4, Covington hasn't
addressed the issue of recreational marijuana but has passed their fourth six-month
moratorium on medical marijuana, Auburn has passed a one-year moratorium on
recreational marijuana in September 2013, Federal Way passed a one-year
moratorium on November 5, 2013, and the City of SeaTac has code language that
states that marijuana usage is a federal offense. Tukwila, he said, has language that
zones marijuana use in a small area on the border of Kent, but the land owners won't
sell to any retail marijuana operations. He communicated that the speaker is correct in
that the City of Kent wouldn't receive any funds from sales, but because it is an
initiative it would take two years for cities to derive any of those funds. He added that
if the moratorium is approved it would be effective five days after publishing.
Mayor Cooke confirmed that I-502 could be amended by a supermajority of the
legislature.
Council President Higgins inquired if Kealy's business could open now under current
state law and City code. Fitzpatrick replied that one couldn't because if the legislature
presents amendments to the law the code will still put the City into a legal battle over
its code. He suggested that the code be clear when it comes to the issue. He said
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Kent City Council Minutes November 19, 2013
taking no action would leave the City open to litigation. Fitzpatrick replied to Council
President Higgins that in order to allow a marijuana business the City needs to clearly
state that it does and should communicate where the zone would be.
Councilmember Albertson communicated that if the moratorium is passed it would
prevent the City from having a distribution facility because the window for the
applications is six months. She added that if one is opened there wouldn't be retail
sales and confirmed it with Fitzpatrick, who noted that the state doesn't allow retail
and distribution sales from one facility.
Councilmember Boyce moved to adopt Ordinance 4094, seconded by
Councilmember Ralph.
Councilmember Albertson communicated that this Council can't make marijuana illegal
in the community and state law says residents can have it in their possession. She
communicated that the issue is whether to turn away $20 million for this business and
its employees. She noted that the City reduced taxes for a casino. She stated that this
has been approved by the residents. There are budget issues coming up and there are
empty warehouses in Kent, she said. She pointed out that a business man is ready to
invest in Kent and a moratorium says "no' to the money. She is opposed to the
moratorium and felt the City should see how many applications come forward prior to
imposing opposition to one.
Council President Higgins stated that the war on drugs isn't working and something
different needs to be done. He said he has gone public with his opinion because of law
enforcement officers and hopes some thoughtful regulation will be crafted in the future
so the City can work with investors like Mr. Kealy. He said he is opposed to the
moratorium and hopes the proper legislation will be adopted in the future.
Councilmember Perry warned that because of all of the city legislation against this,
cities are closer and closer to making themselves irrelevant and having the residents
and developers going to the state to override the cities.
A vote was taken on the motion on the table which carried 4-3.
Councilmember Albertson, Councilmember Perry, Council President Higgins
opposed.
BIDS
There were no bids.
REPORTS FROM STANDING COMMITTEES, STAFF AND SPECIAL COMMITTEES
A. Council President. Council President Higgins pointed out that the next Council
meeting is on December 10 and discussed the budget discussions which took place at
the workshop.
B. Mayor. No report.
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C. Administration. Tom Brubaker, Interim Chief Administrative Officer announced
there would be five minute executive session concerning Labor Negotiations as
authorized per RCW 42.30.140(4).
D. Economic & Community Development Committee. No report.
E. Operations Committee. Councilmember Perry stated that the report was in the
minutes.
F. Parks and Human Services Committee. Councilmember Ranniger
communicated that the next meeting was November 21.
G. Public Safety Committee. Councilmember Boyce communicated that their next
meeting was December 10.
H. Public Works Committee. No report.
I. Regional Fire Authority. Councilmember Thomas reported that the Regional Fire
Authority Budget was passed and that there is no meeting this week.
RECESS
At 9:18 p.m., Mayor Cooke called for a two minute break.
At 9:21 p.m., Mayor Cooke reconvened the regular meeting.
EXECUTIVE SESSION
At 9:21 p.m., Mayor Cooke announced that the Council would recess into an
Executive Session for five minutes to discuss labor negotiations, per RCW
42.30.140 (4)(a).
At 9:26 p.m., the Executive Session concluded and Mayor Cooke reconvened
the regular meeting.
ACTION AFTER EXECUTIVE SESSION
Councilmember Thomas moved to authorize the Mayor to sign a three year
collective bargaining agreement with Teamsters, Local Union 117, effective
January 1, 2014 through December 31, 2016, seconded by Councilmember
Perry.
Councilmember Ralph abstained from the voting on this item due to the potential of a
perceived conflict of interest.
A vote was taken on the motion on the table which carried 6-0, with one
abstention.
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Kent City Council Minutes November 19, 2013
Councilmember Thomas moved to authorize the Mayor to sign a three-year
collective bargaining agreement with AESCME Local 2617, effective January 1,
2014 through December 31, 2016, seconded by Councilmember Perry. Motion
carried 7-0.
ADJOURNMENT
The meeting adjourned at 9:28 p.m.
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' Ronald F.more, M`IC
City Clerk
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PUBLIC COMMENT
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