HomeMy WebLinkAboutCity Council Meeting - Council - Regular Minutes - 07/02/1984 i
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Kent, Washington
July 2, 1984
Regular meeting of the Kent City Council was called to order at
7 :00 o'clock p.m. by Mayor Hogan. Present: Mayor Hogan, Council-
members Bailey, Johnson, Kelleher, Leahy, White and Woods, City
Administrator Cushing, City Attorney DiJulio, Planning Director
Harris and Public Works Director Wickstrom. Councilmember Biteman
and Finance Director McCarthy were not in attendance. Also
present: Personnel Director Webby. Approximately 55 people were
in attendance at the meeting .
PROCLAMATION Kent Cornucopia Days. Mayor Hogan proclaimed
July 13, 14 and 15 as Kent Cornucopia Days in
Kent, noting that this is the 13th year of this
festival.
CONSENT JOHNSON MOVED that the Consent Calendar Items A
CALENDAR through L be approved, Woods seconded. Motion
carried.
MINUTES (CONSENT CALENDAR ITEM 5A)
Approval of Minutes. APPROVAL of the minutes of
the regular Council meeting of June 18, 1984 .
HEALTH & Agreement for Domestic Sewage Facility - Heutmaker.
SANITATION At the request of the City Attorney, this item was
held over to the July 16 meeting.
WATER (CONSENT CALENDAR ITEM 5J)
212th Street/SR 167 Wells. AUTHORIZATION to
modify the existing agreement with CH2M Hill for
the South 212th Street/SR 167 wells/treatment
facilities to include a pilot plant study on the
recommended treatment process and to establish
a budget of $50, 000 to cover this, plus a pending
agreement with the State for the installation of
a casing across their proposed interchange for
future sewer service to the site.
Clark Springs Test and Observation Well. Bid
opening was June 27 , 1984 . One bid was received
from Hokkaido Drilling and Development for
$20, 700. 30 which is below the Engineer ' s Estimate.
It is recommended that the bid submitted by Hokkaido
Drilling be accepted. LEAHY MOVED that the bid of
$20, 700 . 30 from Hokkaido Drilling be accepted and
a contract awarded for the Clark Springs Test and
Observation Well, Kelleher seconded. Motion carried.
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July 2, 1984
STREETS (CONSENT CALENDAR ITEM 5C)
LID 317 - (45th Place Street Repair) Ordinance.
ADOPTION of Ordinance 2475 providing for the
creation of LID 317 and approval to establish
a project fund in the amount of $23, 449 . 86 from
the unencumbered funds of LID 289 . The public
hearing for this project was concluded on June 18.
(CONSENT CALENDAR ITEM 5F)
Vacation of Portion of Alley Ordinance. ADOPTION
of Ordinance 2476 approving the vacation of a
portion of the alley lying between State and
Kennebeck between Smith and Ward Streets. The
public hearing was conducted on May 21, 1984 and
the conditions imposed have been fulfilled by
the applicant, Valley Medical Center.
(CONSENT CALENDAR ITEM 5G)
Cedar Street Vacation - Ordinance. ADOPTION of
Ordinance 2477 approving the vacation of a portion
of Cedar Street. A public hearing conducted on
January 17 , 1983 was concluded on February 22,
1983 on the application of the First Church of
the Nazarene for a vacation of a portion of Cedar
Street. The conditions recommended by the Planning
Commission were made a part of the approval of the
vacation and said conditions have been fulfilled
by the applicant.
(CONSENT CALENDAR ITEM 51)
Request for Temporary Use of Cul-de-sac - First
Church of the Nazarene. AUTHORIZATION for the
P4ayor to sign an agreement with First Church of
the Nazarene for temporary use of cul-de-sac on
Cedar Street as discussed at Council workshop on
June 25.
LID 283 - Improvements - S. 220th, S. 216th, 70th
Avenue S. , 72nd Avenue S. and West Valley Highwa .
This ate has been set or t e continued public
hearing on the confi.rm.ation of the final assessment
roll for LID 283 . Re-evaluation on the method of
distribution of the assessments for the left turn
lane have been completed. A revised assessment
roll has been prepared. and the City Clerk sent
new notices to all property owners .
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July 2 , 1984
STREETS Wickstrom explained that the LID included street
improvements, sanitary sewers, street lighting,
water mains and storm drainage. He noted that
LID 283 the LID was requested by the owners of 72% of the
property in the area and that the ordinance form-
ing the LID was passed in April 1978 . The esti-
mated cost at that time was $1, 981,316 and the
final amount is $3 , 148 ,748 , 58 . 9% over the esti-
mate. This figure is $14 , 563 less than the
amount presented at the June 4 , 1984 hearing.
He explained that the actual assessment for
each property depended upon the actual benefits
provided to each property. Wickstrom noted that
a packet of information had been provided with
the agenda, including a copy of his June 29,
1984 memo. The entire packet has been filed
as a part of the official record. Using enlarged
j versions of the maps in the packet, Wickstrom
described the area for each type of improvement
and the method used in figuring the assessments.
The enlarged maps have been filed for the record.
He noted that a word had been omitted on page 2
of the text, relating to Zone Weight Factors
and that the sentence should read: "These
factors were derived on the basis of being
equivalent to the use of 30 ' depth zones. "
Wickstrom explained that the City staff had met
with representatives of the property owners
with regard to the assessments for the left-
turn improvements, resulting in some changes
in the method of assessments , which he thought
to be the most fair and equitable. He noted
that the reasons for the overruns for this LID
had been explained at the June 4 hearing. One
of the reasons for delaying the hearing was to
have an appraiser look at roughly 72% of the
properties involved, to review the before and
after values. These appraisals showed that the
benefits outweigh the assessments. Wickstrom
pointed out that the Barnier ' s property is in
an agricultural tax status , which gives them
the option to be included in the LID. He stated
that there were substantial penalties if they
wish to be included after the ordinance confirm-
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July 2, 1984
STREETS ing the assessment roll is passed. He noted
that agreements had been made with other pro-
perty owners in the LID to pick up the Barnier's
LID 283 assessments, and that this would be reflected
in the ordinance.
Wickstrom noted that there were errors in Assess-
ment Items #13 and 438 and explained that if the
assessment was changed to be higher than what the
notice described, a new hearing was reauired, but that
he thought the owner in this case would waive
the new notice requirement. He pointed out that
the City assessments amounted to $107 ,703, and then
explained the method of payments for the project.
Wickstrom noted that an additional typographical
error on page 2 should be corrected as follows:
Zone Depth - 100 foot. This depth was used to
facilitate the calculation areas .
A motion was then passed to make Wickstroms memo
dated June 29, 1984 , the large maps used in cal-
culating the assessments and the appraisals all
a part of the official record.
A letter was received from Mr. Kleweno, attorney
for Joseph Bevilacqua and for Robert Due, object-
ing to the left turn portions of the assessments,
and a copy has been distributed to the Council.
BAILEY MOVED to file the letter for the record
and White seconded. The motion carried.
Mayor Hogan declared the public hearing to be
reopened. The Clerk read a letter from Jerome &
Joyce Barnier which had been filed this evening,
protesting the assessments against Tax Lots 18
and 19 . WHITE MOVED to file the letter for the
record. Woods seconded and the motion carried.
Ken Weiner noted that he was an attorney, repre-
senting the Kent Valley Property Owners, who
owned 75% of the property in the LID, and that
he had addressed the Council at the last hearing.
He stated that his clients supported the LID and
expressed appreciation for the constructive
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July 2, 1984
STREETS way that the City staff worked in seeking equit-
able solutions to the problems . F7einer
stated that his clients supported the roll as
LID 283 it now stands and pointed out that some of their
assessments had increased and some had decreased.
Several of his clients, as well as others, have
entered into an agreement that provided for
reimbursement at such time as the Barnier ' s
assessment was no longer deferred.
Gary Sexton, representing the Barniers, asked
about the cost figures and the agreements having
to do with the Barnier ' s assessment. BAILEY
MOVED to have these made a part of the record.
White seconded and the motion carried. Upon
Sexton' s auestions, it was determined that
after the preliminary assessment roll in 1978 ,
the Barniers claimed the exemption and some of
the property owners worked out how the Barnier ' s
share of the costs could be distributed among
them. Sexton contended that the agreements to
pick up these assessments were betwen the
property owners and the City, and the Barniers
were not a party to such agreements, therefore
no reimbursement should be expected from the
Barniers. The letter from Wickstrom to the
Barniers, dated June 22, 1984 was read into
the record. Sexton questioned the matter of
interest on the assessment and stated that the
23 property owners who had signed the agreements
should be notified that there is a challenge to
any right to reimbursement from the Barniers.
Upon question from Sexton, Barnier stated that
he had transferred property to the city for the
LID and was paid $105, 000, which amounted to
$2 . 00 per sauare foot and that the appraisal
submitted tonight listed the property as valued
at $1. 50 per square foot. The appraisal by Lou
Peretti and the condemnation agreement were then
made a part of the record by motion.
In response to Bailey' s a_uestion, DiJulio explained
the statutory procedures relating to the open
space act, as described in Wickstrom' s letter
to the Barniers.
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July 2 , 1984
STREETS Mel Kleweno, representing Joseph Bevilaqua and
Robert Due, owners of Parcels 26 and 27 , pro-
tested the left turn portion of the assessments
LID 283 for his clients. He noted that these properties
were not assessed for this portion of the LID in
the previous roll, and that Due' s assessment had
increased from $8 , 000 to $22 , 000 . He stated
that the properties were not benefited from
this part of the project, and pointed out that
there had been no indication that the city
planned to change its policy regarding left
hand turns. Kleweno stated that when the City
was working on changing the assessments for the
left-turn portion of the project, that his
clients were not notified. He contended that
the roll was correct in the previous form, when
these properties were not assessed for the left-
turn portion of the project, and clarified that
they were not protesting the other portions of
the project. Upon questions from Mayor Hogan,
Due noted that he had heard some discussion
related to the left turn assessments at the public
hearing of June 4 .
Gary Volchok noted that Mr. Agostino ' s assessment
increased from $5, 000 to $17 ,000 when the left
turn portion of the LID was redone. He noted
that it appeared that in the future the road
could be improved to five lanes with the middle
lane used for left turns . He asked that the
Engineering Department review this possibility.
Upon Kelleher ' s question, Wickstrom explained
that the present city policy is to allow left
turn lane pockets only at the quarter mile inter-
sections and that Council action would be required
to change this . Such a change would change the
Zone classification for affected properties , and
thus would change the assessments. Ken Weiner
noted that the agreements with the 23 property
owners had been mentioned at a council meeting
in 1979 and further that the City followed the
State statutes in mentioning the amount of the
potential liability in the letter to the Barniers.
He stated that the agreements did not impose any
liability on the Barniers, that their liability is
as provided for under the Open Space Act and the
LID statutes.
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July 2 , 1984
STREETS DiJulio clarified that all notices for this
LID were provided in accordance with statutory
LID 283 requirements.
Regarding the benefits to the Barnier property,
Wickstrom noted that this was one of the
parcels for which before and after appraisals
were done. Morris Schueler of Schueler,
McKown & Keenan, stated that before the improve-
ments he had appraised the property at $592 ,245
($1 . 07 per square foot) and after the improve-
ments at $1, 646, 663 ($2. 99 per square foot) ,
which included the $36,794 cost of withdrawing
from the open space designation. With regard
to the Due and Bevilacq_ua properties, Schueler
stated that these also were appraised and
that the left turn lanes had enhanced the
value of these properties.
Joyce Barnier stated that the property had
been in her family since 1895 and that she
was not an investor or a promoter. She noted
the water on the property and doubted that
the property was worth the figure given by
Schueler. Sexton noted that the Peretti
appraisal , which was filed tonight, valued
the Barnier property at $1 . 50 per square foot
after the improvements, and noted that
adjacent property sold three months ago at
$1. 51 per square foot.
Michael Bradley of Hallmark Industrial Park
stated that sale of property adjacent to
Barnier' s was now being completed at $2 . 62
per square foot. Sexton noted that Bradley
did not submit an appraisal or a comparison
of the properties. Volchok noted that he
had sold two parcels adjacent to the Barniers
to Agostino and that they had not been resold.
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July 2 , 1984
STREETS After all who wished to speak had done so,
BAILEY MOVED to close the public hearing.
Woods seconded. Motion carried.
LID 283 JOHNSON MOVED to file all documents referred
to tonight as part of the record. Woods
seconded. Motion carried.
JOHNSON MOVED for the City Attorney to prepare
the ordinance confirming the Final Assessment
Roll for LID 283 . [woods seconded. BAILEY
MOVED to amend the motion to delete Parcels
26 and 27 , noting that he did not agree with
assessing these properties on something which
might occur in the future. Leahy seconded,
for discussion purposes, and upon his question,
Bailey clarified that he meant to exclude
these parcels only from the left turn portion
of the LID. Wickstrom asked if the city was
to pick up these assessments or were they
to be distributed to the other property
owners. He noted that there were other pro-
perties in the same situation as these two.
Kelleher asked if there was a precedent in the
zone and termini method providing for one zone
to be assessed based on immediate benefit and
another zone based on future benefit. DiJulio
noted that zone and termini is based on varying
the assessment in accordance with distance from
the improvement. wickstrom noted that not all
of the assessments attributed to the left turn
lane was potential benefit, that
some if it ribed thelcity' s
directly benefitted.
The options as either the city picking up the
assessments or having another public hearing.
Bailey' s proposed amendment failed, with only
Bailey and White supporting it. Johnson' s
motion then carried unanimously.
Wickstrom noted that he had mentioned earlier
that there were errors in the calculations for
two lots , No. 13 and No. 38 . He proposed that
the amount for No. 13 be reduced and that the
final determination for action on No. 38 be
made at the next Council meeting.
KELLEHER MOVED to approve such action, [woods
seconded. Motion carried.
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July 2, 1984
COMPREHENSIVE Comprehensive Plan Amendment - Agricultural Study.
PLAN AMENDMENT On June 18, 1984 this date was set for the public
meeting to consider the proposed Agricultural Pre-
servation Comprehensive Plan amendments, as recom-
mended by the Planning Commission. This was dis-
AGRICULTURAL cussed at the June 25 workshop and a memo from
STUDY the Planning Department has been included in the
packet and has been filed as a part of the record.
In response to a question from Bailey, Harris
explained that tonight' s consideration was only
for amendments to the Comprehensive Plan to designate
certain areas of the city for agricultural use.
The second part, the zoning proposal of A-1 zoning,
is scheduled for a public hearing before the Council
on July 16. The proposed amendments to the Compre-
hensive Plan recommended by the Planning Commission,
to be considered tonight 'include goals, objectives,
policies and a land use designation. Fred Satter-
strom, planner for this project, noted that the
Council had directed that the Planning Commission
consider alternatives regarding preserving farmlands.
He reviewed some of the alternatives which the
Planning Commission considered. He noted that
when the goals, objectives and policies are adopted,
these would become an element of the Comprehensive
Plan as were Housing, Transportation, etc. , and
that when the map for this element is adopted, it
j would be added to the Comprehensive Plan Map with
the appropriate changes shown.
Satterstrom noted that GOAL 1 described suitable
areas for agricultural land use on the Compre-
hensive Plan Mao. These were shown in Policies 1
through 9 . He described GOAL 2 as promoting the
viability of agriculture in areas designated for
long-term farmland use, consisting of five objectives,
each with its own policies. He noted that OBJECTIVE
5 states: "Assure that Kent' s farmland preservation
program is compatible with private property rights . "
and that the applicable policies are as follows:
POLICY 1 - Proposals for agricultural zoning should
not unreasonably constrain the use of private pro-
perty. POLICY 2 - Additional financial compensation
to property owners should be considered for farmlands
that participate in the King County Farmlands Preser-
vation Program.
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July 2, 1984
COMPREHENSIVE Satterstrom noted that some things had changed
PLAN AMENDMENT since March 1983 when the Planning Commission
made this recommendation, but that these policies
had not actually been changed. He referred next
to the proposed mapping amendment, which was a
AGRICULTURAL part of the handout. The Planning Commission
STUDY has recommended the following area be designated
as agricultural : extending from the northern
city limits on the west side of the Green River
at S. 204th, southerly down into parts of King
County as far south as S. 277th Street and easterly
from the toe of the slope easterly to the West
Valley Road, as extended. (about 1750 acres) . He
jnoted that the Planning Commission recommendation
excluded several parcels consisting of about 20
acres which he thought had been done inadvertently.
At Kelleher ' s request, Satterstrom outlined the
area recommended by the staff, referred to as
Alternate 3, consisting of 2000 to 2050 acres.
He then described Alternates 1 and 2 and described
the King County program. It was determined that
the Planning Commission had held a public hearing
on this matter and that the Council would now
consider the Planning Commission ' s recommendation
with the options to approve, disapprove or modify;
without another public hearing.
Satterstrom explained for Bailey that POLICY 1
did not refer to particular parcels but to property
on an area-wide basis and that the language was
not chosen from a legal standpoint. With regard
to POLICY 2 , Harris explained that the Planning
Commission found that the King County Agricultural
Proaram was adequate and so no other further com-
pensation is necessary. He noted therefore that
POLICY 2 was no longer valid.
Carol Stoner explained the approach that the
Planning Commission took. Gary Volchok criticized
the County's program stating that the County had
instructed that appraisals be made as if there
were no restrictions on the property. He considered
that what the City was considering was an "overkill"
in relation to the County' s plan. Suzette Cooke
noted an error in the Planning Commission minutes
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July 2, 1984
COMPREHENSIVE of January 25, on page 21: The Kent Chamber of
PLAN AMENDMENT Commerce opposes changes in the Comprehensive
Plan NOT proposes changes. . .
Tom McCann stated that approximately 95% of the
AGRICULTURAL landowners were opposed to this proposal, noting
STUDY that some of the land involved could not be farmed.
He opined that if the owners could get $15,000
per acre they would take it even though they
would be losing money. He noted that many
Properties were not eligible because they did
not fit the agricultural criteria.
fir. Tidball stated he owns property between the
railroad tracks which is good for farming although
it is in small parcels.
White asked Satterstrom if there was any proposal
for compensating for land which could not be
farmed. Satterstrom replied that his answer
would be "compensate them for what?" He explained
that the uses proposed were identical to the
existing RA zone and that staff did not feel that
there was an economic impact. He stated that the
only difference would be in what the zoning was
called.
Satterstrom answered questions about the County
Farmlands Program map which showed properties
for which owners had already expressed interest
in the County' s program.
KELLEHER MOVED to accept the Planning Commission' s
recommendation according to their map dated March
29, 1983 with the following exception: in those
areas south of the river between SR 167 and West
Valley Road and West Valley Road extended, that
we will accept the staff ' s recommendation which
calls for inclusion of those areas in the agricul-
tural designation. Moods seconded. Upon questions,
Satterstrom clarified that the staff recommendation
included the area from 277th north between West
Valley Road and SR 167 (Valley Freeway) up to the
Green River. Kelleher confirmed for the Mayor that
his intent was to include what Satterstrom described
along with the area recommended by the Planning
Commission.
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July 2 , 1984
COMPREHENSIVE Leahy opposed the Planning Commission recommenda-
PLAN AMENDMENT tions, stating that the current RA and 11A zones are
now maintaining open space and preserving the land
for agricultural purposes until such time as the
city feels we can get out of this interim zoning
AGRICULTURAL for the longer term residential or industrial use
STUDY intended for this property. He noted that if the
Council approved the agricultural preservation
program, the matter of compensation should be
separated from the proceedings.
Kelleher concurred with Leahy 's remarks regarding
separating the compensation issue. He stated
that if any compensation was to be considered
it should be as purchasing development rights.
He pointed out that zoning could always be
changed to a higher density and then the compensation
paid could be lost. He noted that the goals and
policies mentioned finding ways to encourage
farming and that pursuing a purchaser development
rights program might do this . Regarding the
issue of providing the property owners with a
fair use of their land, Kelleher pointed out
that the present land use is for one unit per
acre and that the staff recommendation is the
same - one unit per acre. He opined that to
leave the current MA and RA uses was to invite
up-zoning and referred to the Urbana Equities
Rezone as an example. He stated that he favored
a scenario whereby the city could freeze the
existing land use intensities south and west
of the river and at a later time, if desired,
the land intensity could be increased or de-
creased by changes to the Comprehensive Plan.
Bailey concurred with Leahy on leaving the exist-
ing designations of MA and RA and stated that
there were too many variables in this proposal.
Johnson opposed giving the "A" designation for
the entire area. He stated that he had no pro-
blem with the concept of property owners selling
their property to the County or to anyone else.
Upon further questions, Satterstrom clarified
that the area inside the City recommended for
agricultural designation by the Planning Commission
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July 2, 1984
COMPREHENSIVE consisted of 564 acres. Kelleher' s motion, to
PLAN AMENDMENT include the land between the West Valley Road
and the Valley Freeway would add approximately
200 acres to this. The land designated for
industrial use is approximately 4,000 acres,
AGRICULTURAL with about half of this in vacant land.
STUDY
Kelleher ' s motion failed, with White, Woods,
and Kelleher voting in favor and Johnson, Leahy
and Bailey voting against. Johnson then MOVED
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to continue consideration of this matter to
the July 16 meeting. Bailey seconded, motion
carried.
AGRICULTURAL (CONSENT CALENDAR ITEM 5L)
ZONING Agricultural Zoning Amendment. SETTING a public
AMENDMENT hearing date for July 16, 1984 to consider the
proposed agricultural (A-1) zoning for the west and
south sides of the Green River as recommended
by the Planning Commission.
REGULATORY (CONSENT CALENDAR ITEM 5H)
REVIEW Regulatory Review Process - Resolution. As dis-
PROCESS cussed at the June 25 workshop, ADOPTION of
Resolution 1023 providing for an annual hearing
to cgnsid r ' tizen i p t orb Cit regulations and
setting tie first such nearing fbr August 6, 1984.
POLICE (CONSENT CALENDAR ITEM 5K)
Kent Rotary Club Donation. ACCEPTANCE of $440
donation from Kent Rotary Club to Kent Police
Department Drinking Driver Task Force for the
purchase of an Alco-sensor III Preliminary Breath
Tester. Johnson commended the Rotary Club.
(CONSENT CALENDAR ITEM 5D)
Jail Project. As discussed at the June 25 workshop,
AUTHORIZATION for the City Clerk to call for bids
for the Jail Project.
PARKS (CONSENT CALENDAR ITEM 5E)
Glenn Nelson Park Project. As recommended by
the Parks Department, ACCEPTANCE of the Glenn
Nelson Park Restroom as complete and authorization
to pay the retainage upon receipt of State releases.
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July 2, 1984
CIVIC Civic Center Complex - Bond Issue. The City's
CENTER Bond Counsel, George Mack, has prepared Ordinance
COMPLEX 2478 , providing for a General Obligation Bond
Issue in the amount of 10 million dollars to be
placed on the September ballot to provide for a
new Civic Center Complex consisting of a Senior
Center, Library and Performing Arts Center.
WOODS MOVED to adopt Ordinance 2478 , Bailey
seconded. Motion carried. Later in the meeting,
at the request of the City Attorney, BAILEY MOVED
to reconsider this action. [Moods seconded.
Motion carried. DiJulio explained that the
figure $10,466,163 in Section 1 of the ordinance
should be corrected to $10, 016,163 . WOODS MOVED
to amend the motion adopting Ordinance 2478
changing the figure in Section 1 to $10,016 ,163 ,
Kelleher seconded and the motion carried. The
motion to adopt Ordinance 2478 , as amended,
carried.
KENT Kent Cornucopia Days - Ordinance. An ordinance
CORNUCOPIA has been prepared granting a Street Use Permit
DAYS to the Kent Cornucopia Committee and the Kent
Lions Club International for a public festival.
This was discussed at the June 25 workshop.
BAILEY MOVED to adopt Ordinance 2479 granting
the Street Use Permit for the festival, Kelleher
seconded. Motion carried.
COUNCIL Parks Committee. Bailey noted that the Parks
COMMITTEES Committee would meet at 9 : 00 a.m. on Tuesday,
July 3.
BUDGET - 1985 Cushing Noted that he planned to have a meeting
on Thursday, July 19 from 1: 00 to 5: 00 p.m. to
receive general direction from the Council regard-
ing the 1985 budget. He asked that Councilmembers
advise him if this date is inconvenient.
FINANCE (CONSENT CALENDAR ITEM 5B)
Approval of Bills. APPROVAL of payment of the bills
received through July 2 after auditing by the
Finance Committee at its meeting at 4 : 00 P.M. on
July 13 .
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July 2, 1984
ADJOURNMENT WHITE MOVED that the meeting be adjourned at
10 : 45 p.m. , Leahy seconded. Motion carried.
Marie Jensen, CMC
City Clerk
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