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HomeMy WebLinkAboutCity Council Meeting - Council - Minutes - 04/05/1994Kent, Washington April 5, 1994 Regular meeting of the Kent City Council was called to order at 7:00 p.m. by Mayor Pro Tem Woods. Present: Councilmembers Bennett, Clark, Houser, Johnson, Mann and Orr, Operations Director/Chief of Staff McFall, City Attorney Lubovich, Planning Director Harris, Public Works Director Wickstrom, Police Chief Crawford, Fire Chief Angelo, Acting Parks Director Thorell, Finance Division Manager Miller, Human Resources Division Manager Viseth and Public Information & Government Affairs Division Manager Martin. Mayor White was not in attendance. Approximately 30 people were at the meeting. PUBLIC State Re resentative Julia Patterson. COMMUNICATIONS Mayor Pro Tem Woods noted that evidently Representative Patterson was unable to attend the meeting tonight, and that her visit may be rescheduled at a later time. Washington Earthquake Awareness Week. Mayor Pro Tem Woods read a proclamation declaring April 10-16, 1994 as Washington Earthquake Awareness Week in the City of Kent. She noted that the Mayor encourages all citizens to enhance their knowledge and awareness of proper safety measures to follow before, during and after an earthquake. Fire Chief Angelo accepted the proclamation. Drug Free Washington Month. Mayor Pro Tem Woods read a proclamation declaring April, 1994 as Drug Free Washington Month. She encouraged residents to acknowledge the accomplishments of the youth and appreciate the positive projects and programs in which they are involved. Councilmember Houser, Chair of the Drinking Driver Task Force, was presented the proclama- tion. Introduction of Mayor's Appointees. Mayor Pro Tem Woods introduced Connie Epperly who is the Mayor's appointee to serve as a member of the Kent Planning Commission, and Bill Erb who is the Mayor's appointee to serve as a member of the Kent Arts Commission. Employee of the Month. Mayor Pro Tem Woods announced that Roger Lubovich has been selected as the Employee of the Month for April. She noted that Roger has been the City Attorney since September, 1990, and that he is a 1 April 5, 1994 PUBLIC talented, dedicated attorney who responsibly COMMUNICATIONS manages, resolves, and directs a wide variety of legal matters. She noted that he is always available to take on new challenges, trusts his employees and gives them the authority and responsibility to approach projects in their own way and to make their own decisions. She stated that he always keeps an "open door" and an open mind... inviting honest responses to issues and encouraging lively discussions on legal topics. She also noted that he is a hard worker who spends many additional hours on the job. Operations Director McFall noted that the City is pleased to have the opportunity to recognize Roger and his contribution to the City of Kent. He noted that Roger's legal advice, common sense, and good humor are appre- ciated by all of the staff, and congratulated him on being the Employee of the Month. Regional Justice Center Update. Wendy Keller, Project Director, noted that the design development documents were reviewed and com- pleted within 10 days and thanked the Fire, Building, and Planning Departments for their quick response in reviewing these documents. She noted that the County is now reconciling the cost estimates by using the architect's estimate, the in-house estimate, plus a con- struction management contract which does an independent cost estimate so that this project doesn't run over budget before it is completed. She noted that they intend to be done with the cost estimates by Friday, and that the maximum allowable construction costs must be met and in line before they can proceed further as well as try to keep on schedule. She stated that the County will then come out, do a review with the City's Urban Design Development group, and get together with each of the City's Department Directors. She again noted that the mitigation issues have been divided into two groups: 1) design, technical, and environmental which are subject to the building permit review process standards with issues relating to traffic, lay- out of the site, landscaping, the building orientation, bright lights, and how tests and inspections are done; 2) operational issues 2 April 5, 1994 PUBLIC dealing with such things as notifying people COMMUNICATIONS when certain types of prisoners are released, when prisoners will be released, what type of transportation prisoners will have, and how the regional justice center will impact the social service agencies in this area. Keller ex- plained that the intent is to wrap up all the issues relating to mitigation before applying for a construction permit. She noted that the next CBAG meeting will be held on April 20th at 7:00 P.M. in the Council Chambers to get started on these issues. She stated that all of the tanks are out, and that they didn't leak. She noted that the demolition and asbestos RFP's are still being developed but will be out shortly. She explained that the County is trying to increase the minority and small business participation in these large contracts so they are planning on doing a special invitation to the pre-bid to generate more interest and will do the same thing during the construction phase of this project. Rent Building Safety Week. Mayor Pro Tem Woods read a proclamation declaring April 10-16, 1994 as Kent Building Safety Week in the City of Kent. She urged all citizens to visit their local building departments and to better familiarize themselves with the important safety information and services provided by these public servants. Planning Director Harris accepted the proclamation on behalf of the Office of Development Services. CONSENT JOHNSON MOVED that Consent Calendar Items A CALENDAR through P be approved. Orr seconded and the motion carried. MINUTES (CONSENT CALENDAR - ITEM 3A) Approval of Minutes. APPROVAL of the minutes of the regular Council meeting of March 15, 1994. HEALTH & (CONSENT CALENDAR - ITEM 3F) SANITATION Acheson Sewer Extension. AUTHORIZATION to accept the bill of sale and warranty agreement submitted by David Acheson for continuous operation and maintenance of 277 feet of 3 April 5, 1994 HEALTH & sanitary sewer line and release of bonds after SANITATION expiration of the maintenance period, as recom- mended by the Public Works Director. The project is in the vicinity of 112th Avenue SE & SE 232nd Street. WATER (CONSENT CALENDAR - ITEM 3G) Charge in Lieu of Assessment. AUTHORIZATION for the Finance Manager to execute the neces- sary documents allowing Mr. & Mrs. David Temby of 12220 Kent Kangley Road to make monthly payments against a $2,456.21 Charge in Lieu of Assessment fee for water service, as recom- mended by the Public Works Committee and in accordance with Resolution No. 975. Mr. & Mrs. Temby have claimed that paying the full amount at this time would create a hardship. (CONSENT CALENDAR - ITEM 3H) Watershed Fencing Proiect. AUTHORIZATION to accept as complete the contract with Guyline Construction, Inc. for the Watershed Fencing Project, and release of retainage after receipt of State releases, as recommended by the Public Works Committee. (OTHER BUSINESS - ITEM 4C) Manganese Treatment Plant. It is the recom- mendation of the Public Works Committee that $154,000 be transferred from the Unencumbered Water Funds to the 212th/SR167 Water Supply & Treatment Facility Project Budget (W48). The need for this transfer is to complete the project so that the facility can be made operational. MANN MOVED that $154,000 be transferred from the Unencumbered Water Funds to the 212th/SR167 Water Supply & Treatment Facility Project Budget (W48) for the comple- tion of the project. Houser seconded. Bennett noted that $300,000 was requested last July for this project because of alleged difficulties with the contractor. He said he hopes there will be more direction from Administration in the future so that this type of thing does not happen again. Orr suggested having a profes- sional project manager on board for projects of this magnitude. Bennett stated that he has toured the facility and was impressed by the craftsmanship. The motion then carried. 4 April 5, 1994 STREET (PUBLIC HEARINGS - ITEM 2A) VACATIONS st. Anthony's Church Alley Vacation (STV -94-2 . This public hearing has been set to consider an application by the Corporation of the Catholic Archbishop of Seattle to vacate a portion of an alley extending northward from Saar Street at ar referenced St. Anthony's Church (STV -94-2), in Resolution No. 1385, and as shown on the map and discussed in the staff report. Woods declared the public hearing open. Patrick Crowley, 1301 5th Avenue, Suite 3500, Seattle, attorney representing the Corporation of the Catholic Archbishop of Seattle, acknowl- edged that they accept the conditions set forth in the staff report. There were no further comments and ORR MOVED that the public hearing be closed. Johnson seconded and the motion carried. ORR MOVED to approve the Planning Department's recommendation of approval, with conditions, of an application to vacate a portion of an alley extending northward from Saar Street at St. Anthony's Church, as referenced in Resolution No. 1385, and to direct the City Attorney to prepare the necessary ordinance upon receipt of compensation and retainment of the utility easement. Johnson seconded and the motion carried. (CONSENT CALENDAR - ITEM 3I) Van Doren's Landing Way. AUTHORIZATION to establish a new fund for the receipt of the monies associated with the Van Doren's Landing Way Street vacation and that the monies therein be utilized for pedestrian walkway improvements related to school travel patterns, as recom- mended by the Public Works Committee. Monies received from a street vacation are generally deposited in the Street Division's operating budget as revenue. The City anticipates receiving approximately $148,738 for the Van Doren's Landing Way street vacation. 5 April 5, 1994 TRAFFIC CONTROL (CONSENT CALENDAR - ITEM 3E) Left Turn Lane Improvements - 104th & 256th. AUTHORIZATION to accept as complete the con- tract with Gaston Bros. Excavating, Inc. for the 104th Avenue SE & SE 256th Street Left Turn Lane Improvements, and release of retainage after receipt of State releases, as recommended by the Public Works Director. SIDEWALKS (BIDS - ITEM 5A) Downtown Sidewalk Rehabilitation, Phase I. Bid opening for this project was held on March 24th with four bids received. The low bid was sub- mitted by R. E. Bailey Construction in the amount of $157,632.90. The engineer's estimate was $202,306.11. The project consists of re- placing existing cement concrete sidewalks, which have been damaged by tree roots, with new cement concrete sidewalks. The project also includes filling Railroad Park at the northeast corner of Titus Street and First Avenue and providing new storm drainage. The Public Works Director has recommended that this bid be accepted and the contract awarded to R. E. Bailey Construction. MANN MOVED that the Downtown Rehabilitation Phase I contract be awarded to R. E. Bailey Construction for the bid amount of $157,632.90. Houser seconded and the motion carried. SHORT PLAT (PUBLIC HEARINGS - ITEM 2B) APPEAL The Woods Short Plat (SP -94-3) - Appeal of Administrative Decision. This public hearing has been set to consider an appeal by the applicant, Thomas N. Sharp of S.D.M. Proper- ties, of the Woods Short Plat (SP -94-3) Findings issued on March 18, 1994, by the Short Subdivision Committee. April 5, 1994 SHORT PLAT City Attorney Lubovich explained the procedure, APPEAL noting that the appellant has thirty minutes to make his presentation, and explaining the standard of review and the Council's choices regarding a decision. Planning Director Harris explained that Section 12.04.170 of the Subdivision Code states that the Short Subdivision Committee shall consist of one Planning Commissioner, the Director of Parks and Recreation, the Planning Director who shall be Chairman, the Director of Public Works who may designate the City Engineer to attend in his absence with full voting power, and the Fire Chief who may designate the Chief of the Fire Prevention Bureau to sit in in his absence with full voting power. He noted that at this time, no Planning Commission member has been appointed by the Planning Commission. He noted that the Code states that three of the five members of the Short Subdivision Committee must be present in order for the committee to take any action, and that three of the five members were in attendance at the meeting when a decision was made on this issue. Harris pointed out that the Findings of Fact are in the form of a staff report which was presented to the applicant and which was used by the Committee in their deliberations. He noted that the report includes the description of the proposal, the location, the zoning, the site history, environmental concerns, and informa- tion on utilities, streets, stormwater, transit stops, fire prevention, street addresses and parks and open space. Harris read the history of the site from the staff report as follows: "Site history relevant to this application may be found in Planning Department File, 25801 116th Avenue, SDM Properties. In December 1989, a letter was written to Mr. Tom Sharp of SDM Properties regarding the culverting of a tributary to Soos Creek. A portion of the undergrounding occurred on the Colonial Square multifamily housing property which is located directly north of the subject property at 25001 116th Avenue SE. The letter states that at that time, the creek was also undergrounded 7 April 5, 1994 SHORT PLAT where it crosses the subject property. A copy APPEAL of the letter is attached to this report (Attachment 1). Photographs found in the above file and City of Kent Building Department file #89-049, 116th SE, taken of the subject pro- perty from the Colonial Square property show the fill and grading of the subject property." Harris quoted from the staff report as follows: "Section 15.02.092 of the Zoning Code states that the West Branch of Big Soos Creek and tributaries are major creeks identified by the city. They are shown on the map entitled "Hazard Area Development Limitations" (see Attachment 3). This tributary of Big Soos Creek appears to be a minor tributary because of its seasonal nature. Section 15.08.224.C.1 states that all major and minor creeks in the city where they flow on or across undeveloped land shall be retained in their natural state and location. Section 15.08.224.C.2 addresses the guidelines which must be followed when a creekbed is altered and restored, or moved. A site specific plan, referred to as a stream plan, is required, subject to review and approval by the Planning Department and the Department of Public Works. This section also sets forth the setbacks from a relocated creek as twenty-five (25) feet from a minor creek, and fifty (50) feet from a major creek." Harris noted receipt of a letter from Mr. Phillip Schneider of the Department of Fish and Wildlife which states: "The Department of Fish and Wildlife support and encourage the daylighting of streams that have been placed in culverts. Soosette Creek, which is a tributary to Soos Creek, supports coho salmon and cutthroat trout. The Depart- ment of Fisheries catalog of streams with salmon utilization show no blockages to salmon migration throughout this stream system and fish may get up as far as Kent-Kangley Road. q April 5, 1994 SHORT PLAT Although fish may not get up the headwater APPEAL streams that have been culverted, they are still considered to be environmentally sensi- tive and can contribute to the overall health of the lower basin where fish reside. Streams that have been culverted will still function to convey water; however, they will remain devoid of any life (insects, algae, amphibians) and will not contribute to downstream areas. In addition, culverts generally do not have the capacity of open channels to provide for water storage and energy dissipation during high flows, thereby increasing the risks of erosion to downstream areas. Besides impacting fish, the tightlining of streams will negate the benefits riparian corridors have for wildlife. The diversity of vegetation within the riparian corridor will provide food, nesting, and cover opportunities for many wildlife species. A Hydraulics Project Approval will be required to remove the culvert. When the culvert is removed and the channel restored, native trees and shrubs should be planted along the stream to re-establish riparian corridors." Harris used the overhead projector to point out the location, and noted that the creek has been paved over in some areas. He explained that the Zoning Code indicates that the City must rely on the Department of Fisheries when dealing with small creeks and streams, and he introduced Mr. Schneider who is a representa- tive of that department. Mr. Schneider, 16018 Mill Creek Boulevard, Mill Creek, noted that this stream is a tributary to Soosette Creek, which is a tributary to Soos Creek, which flows into the Green River. He added that the streams support cutthroat trout and salmon, provide food and insects to fish downstream, and improve water quality. He said it is important that these streams remain open. Harris showed the hazard area map and the creek system, and noted for Bennett that the streams flow from mid-October to mid-May. 9 April 5, 1994 SHORT PLAT Woods declared the public hearing open. Tom APPEAL Sharp, 11126 SE 256th, stated that the Short Subdivision Committee is not constituted per the City's ordinance. He stated that one way to provide more single family housing on the East Hill is to provide short plats. He noted that this short plat would provide larger lots than required, and noted that there are 22 conditions on the plat, some of which they disagree with, such as the drainage ditch. He noted that they had to purchase the property to protect their Colonial Square Apartments and that there was no vegetation on the property. Sharp stated that they had agreed in the Committee meeting to adhere to the Fisheries Department recommendation concerning the ditch and that the letter from Fisheries does not demand that the ditch be reopened. He said the ditch is right next to an apartment complex which they own and in order to avoid lawsuits, they undergrounded the ditch. He noted that the ditch has also been undergrounded on other people's property and that this is selective enforcement. He noted that on February 23, 1990, the City sent them a letter demanding that the ditch be opened within 90 days. He said they met with the City Engineer on March 19, 1990, and thought the issued was resolved, adding that no further action was taken by the City. He said he believes this issue should be remanded back to a properly constituted Short Plat Committee for further hearing. Upon Bennett's question, the City Attorney stated that since there is not a Planning Commission member appointed to the Short Subdivision Committee, that there is a vacancy on the committee. Harris noted that a quorum is three members of the committee, and may act. Paul Morford, P.O. Box 6345, Kent, noted that he has determined that the Chief of Fire Pre- vention is Chief Berg. He noted that there is a form letter which is sent out by the Planning Department on short plats, and that it is addressed to five short subdivision committee members, but that they are not the five people 10 April 5, 1994 SHORT PLAT in the ordinance. He said the form letter was APPEAL addressed to Building, which is not a part of the committee, the Fire Marshall, who is not either the Fire Chief or the Chief of Fire Prevention but was present at the committee meeting, the Parks Director, who was correctly represented by the Acting Parks Director, the Planning Director and the Public Works Director. He noted that the memo goes to the wrong Fire representative and that it is not even sent to a Planning Commissioner. Morford noted that they culverted the ditch because they were faced with a lawsuit several years ago because a child nearly drowned, and that they spent several thousand dollars to protect themselves, children, and the City of Kent. He said he was not aware that it was against the law to culvert the mudhole. He also thought the matter had been resolved five years ago since the 90 days came and went without further action from the city. He noted that the people who voted on this issue had not actually seen the ditch, and he pointed out that the County and State had put manholes in along Kent-Kangley. He noted that they had agreed to have the Planning Department contact the Fisheries Department, and reiterated that the letter from the Fisheries Department says they encourage the daylighting of streams that have been placed in culverts, and in no way says it must be taken out. He pointed out that they had agreed to do what Fisheries requires, not what they encourage. He noted that the ditch is along the road, and that oil from the road goes into the ditch. He suggested that this go back to a proper committee and that the committee visit the site. He said that to tear this up would be disruptive and detrimental to the citizens of Kent. Morford also noted that the property has been zoned multi -family for 20 years, is surrounded on three sides by apart- ments, and is not suitable for single-family. He voiced concern about selective enforcement and about the improper committee. He clarified for Woods that the memo he referred to is dated March 10, 1994. 11 April 5, 1994 SHORT PLAT Harris admitted that there is no member of the APPEAL Planning Commission on the Short Subdivision Committee at this time, but said that a quorum of three members, including the Acting Parks Director, the Public Works Director and the Planning Director, were at the meeting. He explained that the memo did not go to a Planning Commissioner because at this point there is none on the committee. He added that the memo goes to the Building person as a person of interest, and that listing the Building official on the memo is an error. Fire Chief Angelo clarified that the Assistant Chief was in charge of the Building Department and Fire Prevention and that the person who has been delegated to interpret the code is the Fire Marshall. He noted that the Fire Marshall typically attends these meetings under his authority and has done so for years. Orr questioned whether the meeting was legiti- mate, since three bona fide members of the committee were in attendance and that the decisions were unanimous, but that possibly the wrong fire personnel was there. Lubovich explained that the absence of a Planning Commissioner is simply a vacancy, and that the Planning Commission need not be sent notices. He noted that if it is determined that the Fire Prevention Bureau Chief does not meet the cri- teria of the Fire Marshall, then the Council should consider whether that different position is a procedural irregularity that materially affected the outcome. Morford said he has an organizational chart which shows Mr. Mary Berg as the Fire Prevention Chief, and that the ordinance does not mention the Fire Marshall. He reiterated that all agreed to leave the decision to the Fisheries Department and that their letter does not require removal, and recommended that the Councilmembers tour the site before voting. Bill Dinsdale, 12700 SE 266th, a partner in SDM Properties, noted that when they bought the property 15 years ago, it was open space, and that since then apartments and duplexes have been built in the area. He said that at that 12 April 5, 1994 SHORT PLAT time the ditch was simply a low area, but APPEAL because of development there is now more water flow. He said water retention systems were installed during development, and that this is a storm drainage system, and is not a signifi- cant stream at all. He said that no purpose would be served by pulling the culvert out of the ground. He added that water from other properties backs up into their culvert and if it is removed, water will continue to back up into the open ditch which will be a liability concern for them. Tom Sharp noted that Section 15.08.222 states that "development limitation areas are hereby delineated on the map entitled 'Hazardous Area Development Limitations' filed with the City Clerk and in the city Planning Department. Development limitations within these areas shall be in addition to those limitations and standards set forth in this title. When there is a conflict, the provisions of Sections 15.08.220 through 15.08.224 shall prevail." He also quoted Section 15.08.224 Section B, as follows: 111. The hazard area development limitations map adopted by Section 15.08.222 is based upon the most accurate data available at the time of preparation. 2. To more accur- ately determine the location of hazard areas, the city may require additional information with development proposals, including but not limited to a survey of the area. The hazard area map shall be corrected by planning and public works departments based upon more recent and accurate information accepted by such departments." He noted that he had asked the departments to review the new information, and that they would have liked to have the map updated, adding that the map was in error in the beginning. Planning Director Harris said that tonight the Council has heard a simplistic view of a creek and stream system from the applicants. He said the hazard area development limitations map of the city is as presented, and pointed out the creek in question. He stated that it is a creek, not a ditch, and it should not be taken 13 April 5, 1994 SHORT PLAT off the map. He said that the applicants APPEAL illegally filled that site in 1989, and that the City is now able to exercise some authority to get it opened. He said that this is about controlling how the Short Plat Committee oper- ates, and how the Planning and Public Worksle Departments operate administratively by people who do not care what is going on in a natural system. Bennett stated that that cuts both ways. There were no further comments and ORR MOVED to close the public hearing. Houser seconded and the motion carried. ORR MOVED to concur with the Short Subdivision Committee's approval, findings and conditions. Johnson seconded. Orr voiced concern about the illegal culverting and said that action should have been taken at the time the stream should have been reopened. She added that the committee acted appropri- ately and that this was not handled any differently from any other short plat decision that has been made. She pointed out that two meetings were held and said that if the appli- cants were concerned about the members of the committee, it should have been raised after the first meeting rather than going back to a second meeting and challenging the validity of the committee members after the decision was made. She said if a change to the committee needs to be made, it should be looked at, but that has no impact on this particular decision. Johnson stated that he cannot support the applicant's argument that the letter was ad- dressed to the wrong members of the committee, and that the membership was clearly established by ordinance. He stated that whether it is a stream or a ditch is debateable, and that based on the minutes of the committee meetings, the letter from the Fisheries Department, and the appellant's comments tonight, there is no evidence to overturn the recommendation made by the committee. Bennett said that there was no conclusive evidence by the Fisheries Department that this was a stream, and that information regarding 14 April 5, 1994 SHORT PLAT the additional culverted area was lacking. He APPEAL said that if the makeup of the committee was not perceived to be proper, it should have been reconvened with proper personnel. Orr disa- greed with Bennett and reiterated that if the applicant were concerned about the membership, they should have raised the issue after the first meeting, but that they did not do so until they disagreed with the decision which was handed down. Orr's motion to concur with the approval, findings and conditions of the Short Sub- division Committee with respect to The Woods Short Plat appeal then carried with Bennett opposed. CONDEMNATION (CONSENT CALENDAR - ITEM 3N) Garrison Creek Condemnation. ADOPTION of upper Ordinance No. 3161 authorizing condemnation for easements for the Upper Garrison Creek Storm - water Conveyance project which services the area in and around the Benson Center (104th Ave. SE & SE 240th St), as recommended by the Public Works Committee. Negotiations will be on-going to secure all easements. This is requested in the interest parallel action of reducing project implementation time. REZONE (CONSENT CALENDAR - ITEM 3C) the Hill Rezone. ADOPTION of Ordinance Top of No. 3160 for the Top of the Hill Rezone (RZ-93-4), as approved by the City Council on March 15, 1994. CAPITAL (CONSENT CALENDAR - ITEM 3K) Facilities Plan. AUTHORIZATION of a FACILITY PLAN Capital budget change of $21,500 to the Capital Facilities Plan based on changes to the Scope of Work for consultant services. The addi- tional services will allow a wider range of alternatives to be considered during the deliberations on the Capital Facilities Plan. ZONING CODE (OTHER BUSINESS - ITEM 4B) Convenience Stores/Gasoline Sales Sign Code AMENDMENT Amendment (ZCA-94-1). The Planning Commission has recommended adoption of an ordinance which clarifies sign code requirements related to 15 April 5, 1994 ZONING CODE automobile service station signs in Section AMENDMENT 15.06.050(B) of the Kent Zoning Code. This amendment allows service stations the same rights to signage as other businesses in commercial zoning districts, differentiates between interior and corner lots, and includes fuel price signs in the aggregate sign area. ORR MOVED to adopt Ordinance No. 3162 amending the City's sign regulations pertaining to convenience stores with gasoline sales. Mann seconded and the motion carried. METRO (CONSENT CALENDAR - ITEM 3J) Metro Grants. AUTHORIZATION to execute an agreement with Metro, to receive a $500,000 grant from the Metro Shoreline Improvement Program for the Lagoon Conversion project and to adjust said project budget accordingly, as recommended by the Public Works Committee. AUTHORIZATION to receive a $210,000 grant from said Metro program for the Riverview Park project, as recommended by the Parks Committee on December 14, 1993 and to adjust its project fund accordingly, if necessary. RECYCLING (OTHER BUSINESS - ITEM 4A) Recycling/Yard Waste Requests for proposals. This issue was discussed at the March 8, 1994, Council Workshop. At the meeting, the three proposals for curbside recycling and yard waste collection were reviewed along with staff's re- commendation. Woods noted receipt of a letter on this matter from Greg Leach, 831 Kimberly Avenue, Kent. ORR MOVED to make Mr. Leach's letter a part of the record. Johnson seconded and the motion carried. Public Works Director Wickstrom noted that the recycling contract expires soon and that yard waste needs to be addressed because the County plans to ban yard waste from the landfill in 1995. He noted that Kent Disposal's recycling program involves toters, and that Tri -Star's and Waste Management's are basket systems. He explained the recycling and the yard waste pick-up schedules. He recommended Waste Management on an overall basis in terms of service and cost to the city and the customer. 16 April 5, 1994 RECYCLING HOUSER MOVED to authorize and direct staff to pursue contract negotiations for curbside recycling and yard waste collection with Kent Disposal, and that if said negotiations are unsuccessful, that the matter be referred back to Council for further direction. Mann seconded. Upon Johnson's question, Wickstrom clarified that it is his recommendation that there be a customer service charge for yard waste collec- tion, and emphasized that the service is not mandatory. Orr stated that her research sug- gests that citizens are happy with the current system; Johnson concurred. Orr noted that Tri - Star's system is a good one, but that switching would cause problems. Bennett agreed with Orr's comments regarding Tri -Star's system, but said that people resist change. Houser's motion then carried. HOUSER THEN MOVED to fund implementation of the curbside recycling and yard waste collection and to instruct the staff to develop a financ- ing plan that utilizes existing revenues. Orr seconded and the motion carried. PARKS & (CONSENT CALENDAR - ITEM 3M) RECREATION Green River Trail. AUTHORIZATION to accept the Green River Trail project as complete, and to release retainage to Merlino Construction upon receipt of State releases, as recommended by the Parks Committee. The project was completed within budget. APPOINTMENTS (CONSENT CALENDAR - ITEM 3D) Planning Commission. CONFIRMATION of the Mayor's appointment of Connie Epperly to serve as member of the Kent Planning Commission. Ms. Epperly is a long-time Kent resident and has been active in community affairs. She is involved in PTA, is co-founder of Citizens Lobby Against More Politics (CLAMP), serves on the Teen Youth Center Board, and the Downtown Design Committee. Ms. Epperly will replace Chris Grant, who resigned, and her appointment will be in effect until 12/31/94. 17 April 5, 1994 APPOINTMENTS (CONSENT CALENDAR - ITEM 3P) Rent Arts Commission. CONFIRMATION of the Mayor's appointment of Bill Erb to serve as a member of the Kent Arts Commission. Mr. Erb has owned and operated a bookstore in Kent for several years and has a long-standing interest in the arts. He volunteers his time and talent to help with Canterbury Faire each year and is involved with other arts -related projects as well. He will replace Jim Land, who resigned, and his appointment will be in effect until 10/31/95. REMODEL (CONSENT CALENDAR - ITEM 30) Council Chamber Remodel. AUTHORIZATION to establish a budget not to exceed $20,000 to replace the Council dais and provide improved background for Council filming and to sign the change order, as recommended by the Operations Committee at their March 23, 1994 meeting. The architect estimates that the costs will not exceed $20,000. The plan anticipates building a new dais to allow Councilmembers more room and includes a wheelchair ramp. OUT OF STATE (CONSENT CALENDAR - 3L) TRAVEL Out of State Trip. Approval of Mayor White's request for City Council approval of his trip to China and Taiwan. His travel, hotels and meal expenses will be paid by the Mayor and through the Kent Chamber of Commerce, but he requests approval of unbudgeted incidental expenses that may arise such as the use of his City Telephone calling card. He expects to telephone the City periodically while he is traveling. SUBURBAN CITIES (OTHER BUSINESS - ITEM 4D) Suburban Cities Association Appointments to Ring County Regional Committees. The Suburban Cities Association Board recommends adoption of a resolution relating to committee appointments by the Suburban Cities Association to the Regional Committees of the Metropolitan King County Council. 18 April 5, 1994 SUBURBAN CITIES Woods explained that County Councilmember Pullen has objected to the manner in which Suburban Cities made appointments to the three new regional committees, and that all 32 suburban cities in King County will pass such a resolution. She added that the regional com- mittees will not meet until this action is complete. JOHNSON MOVED for the adoption of Resolution No. 1387 relating to Suburban Cities Association appointments to Regional Committees of the Metropolitan King County Council. Houser seconded and the motion carried. FINANCE (CONSENT CALENDAR - ITEM 3B) Approval of Bills. APPROVAL of payment of the bills received through March 4, 1994 and paid on March 15, 1994, after auditing by the Operations Committee on March 23, 1994. Approval of checks issued for vouchers: Date Check Numbers Amount 3-1-94/ 140719-141187 $1,089,281.94 3-15-94 Approval of checks issued for payroll: Date Check Numbers Amount 3-18-94 Checks 193318-193652 $ 412,257.60 Advice 13736-14080 261.106.71 $ 673,364.31 REPORTS Council President. Woods announced that Kent will host the next Suburban Cities meeting to be held on April 13, and asked interested Councilmembers to contact Mrs. Banister. Planning Committee. Orr noted that the Planning Committee will meet on April 19 at 4:00 p.m. She commended Public Works Director Wickstrom for the good and prompt work done by his staff on a water main in the vicinity of 77th and 212th. She noted that an Auburn resident had called her to comment on the efficiency of the Public Works Department. 19 April 5, 1994 REPORTS Public Safety Committee. Bennett noted receipt of a letter from the Windblower/Good Sam Club commending Parks Department employees Ken Denhart and Jim Dorrough and their crews for the fine job they have done in clearing and cleaning up Lake Fenwick Park. He explained that he had given the letter to the Acting Parks Director and asked that it be passed along to Denhart, Dorrough and their crews. EXECUTIVE Administrative Reports. At 8:45 Woods SESSION announced an executive session to discuss labor negotiations and litigation. Labor Neqotiations. JOHNSON MOVED to authorize the Mayor to sign a labor agreement with AFSCME for wages and benefits. Houser seconded and the motion carried. Litigation. MANN MOVED to authorize the City Attorney to participate in environmental litigation affecting the City right-of-way at 64th and Meeker and to utilize funds from the Environmental Fund for related expenses. Bennett seconded and the motion carried. ADJOURNMENT The meeting then adjourned at 9:10 P.M. Q co-e�- Brenda Jac e , CMC City Cler 20