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HomeMy WebLinkAboutCity Council Meeting - Council - Regular Minutes - 07/02/1984 i i 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. - 1 - 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 . 2 1 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- - 3 - I i 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 I 4 - t 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. 5 - 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. 6 - i 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. - 7 - i 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. 8 - i 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. 9 - 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 i 10 - 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. I - 11 - I 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 - 12 - i 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 i 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. 13 - 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 . - 14 - 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 - 15 -