HomeMy WebLinkAboutCity Council Meeting - Council - Minutes - 11/19/1984 Kent, Washington
November 19, 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 Johnson, Leahy, White and ?woods, City Administrator Cushing,
City Attorney DiJulio, Planning Director Harris, City Engineer Gill
and Finance Director McCarthy. Councilmembers Bailey, Kelleher and
Biteman were not in attendance. Also present: Assistant City
Administrator Webby and Fire Chief Angelo. Approximately 40
people were in attendance at the meeting.
CONSENT JOHNSON MOVED that the Consent Calendar Items A
CALENDAR through 0 be approved with the exception of Item
C, removed at the request of Councilmember Johnson.
Item O was removed from the agenda. Leahy seconded.
Motion carried.
MINUTES (CONSENT CALENDAR ITEM 5A)
Approval of Minutes . APPROVAL of the minutes of
the regular Council meeting of November 5, 1984 ,
with the correction of a typographical error on
page 18 relating to Water Revenue Bonds - 1984 .
The ordinance number should read 2501.
SHORT PLAT (CONSENT CALENDAR ITEM 5E)
APPEAL Okimoto Short Plat Confirming Resolution. ADOPTION
of Resolution 1035, a resolution of the City of
Kent, Washington relating to subdivisions of land,
affirming the decision of the Short Plat Committee
to approve, with conditions, the Okimoto Short
Plat, SP-84-8 . The Council considered this
matter and approved the decision of the Short
Plat Committee at the meeting of Monday, November
5, 1984 . This resolution is included on the
agenda for confirmation of that oral decision.
REZONE (CONSENT CALENDAR ITEM 5G)
Seven-11 Rezone No. RZ-83-4 - Ordinance. ADOPTION
of Ordinance 2505_ rezoning approximately 1/2 acre
at the southwest_ corner of Central Avenue and
Willis Street from CM, Commercial Manufacturing
to GC, General Commercial, with conditions; adopt-
ing the findings and conclusions of the Hearing
Examiner concerning the Seven-11 Rezone request,
No. RZ-83-4; authorizing the credit of dedicated
right-of-way against the value of future vacated
right-of-way on the site.
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November 19 , 1984
STORM (CONSENT CALENDAR ITEM 5M)
DRAINAGE North Park Storm Drainage Phase III . ACCEPTANCE
as complete of the contract with H. L. Jacobson,
Jr. for construction of storm drainage improvements
on 2nd Avenue North and 3rd Avenue North between
James Street and Bowen Street and release of retain-
age after receipt of necessary releases from the
State.
WATER (CONSENT CALENDAR ITEM 5N)
LID 314 - 104th/270th Water Main Extension.
ACCEPTANCE as complete of the contract with Robison
Construction for installation of water mains on
104th Avenue S.E. between S .E. 272nd and 270th
and release of retainage after receipt of necessary
releases from the State.
(CONSENT CALENDAR ITEM 5P)
McCann Business Park. ACCEPTANCE of the bill of
sale and warranty agreement for continuous operation
and maintenance of approximately 4 , 020 feet of water
main extension, 650 feet of sanitary sewer extension,
3425 feet of street improvements and 3782 feet of
storm drainage improvements constructed in the
vicinity of S . 204th from West Valley Highway to
72nd Avenue S . and .release of cash bond after
expiration of the maintenance period.
CITY (CONSENT CALENDAR ITEM 5J)
POLICY Policy on Outside City Water Services - Resolution.
(T.,]ATER) It the workshop on November 13 , 1984 , the Council
reviewed the recommendation of the Public Works
Department to eliminate the fee of $250 for appli-
cants for water service outside the City limits
of Kent. The Public Works Committee previously
concurred with this recommendation. ADOPTION of
Resolution 1036 : A Resolution of the City Council
of the City of Kent, Washington, eliminating the
$250 fee and related policy concerning outside
city water service.
TRAFFIC (CONSENT CALENDAR ITEM 50)
CONTROL Master Signal Control System. ACCEPTANCE as com-
plete of the contract with Robison Construction
for installation of the master signal control com-
puter and interconnect of traffic signals and
release of retainaqe after receipt of the necessary
releases from the State.
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November 19, 1984
TRAFFIC No Parking Zones on 77th Avenue. As recommended
CONTROL by the Public Works Department and by the Public
Works Committee, ADOPTION of Ordinance 2508 : An
Ordinance of the City of Kent, Washington, relating
to traffic; amending KCC 10. 06. 04 (Ordinance 2303)
establishing "No Parking Zones" ; and renumbering
an existing code section from KCC 10. 06. 04 (14) to
KCC 10. 06. 05 which restricts parking of trailers
and semitrailers on City streets. JOHNSON MOVED
to adopt Ordinance 2508 , Woods seconded. Motion
carried.
I
ECONOMIC (CONSENT CALENDAR ITEM 5K)
DEVELOPMENT Industrial Revenue Bonds Public Hearings . The
CORPORATION Internal Revenue Code requires public hearings
concerning proposals for issuance of Industrial
Revenue Bonds. Two applications are in the process
of review by the City of Kent' s Economic Develop-
ment Corporation. To continue with the process
for issuance of bonds, public hearings are scheduled
for the regular meeting of the City Council on
December 3, 1984 on the proposed issuance of
Industrial Revenue Bonds for 1) Associated Grocers ,
i Inc. and 2) H & H Company, a partnership (Continental
Mills, Inc . - Lessee) .
POLICE (CONSENT CALENDAR ITEM 5D)
Jail Project. APPROVAL of the proposal by Ellerbe
Architects and Engineers to subcontract the construc-
tion phase of the architectural services to Edberg/
j Christensen. Further, to authorize the Mayor to
enter into an agreement with Edberg/Christensen to
provide interior design services in conjunction
with this subcontract work. The cost for interior
design will be time and materials not to exceed
$9 , 500. Funds for this work are available in the
approved project budget.
POLICE & (CONSENT CALENDAR ITEM 5L)
FIRE Joint Police/Fire Training Center Feasibility Study.
AUTHORIZATION for the Playor to sign an intra-agency
agreement with the City of Renton to participate
and partially pay for a feasibility study on a
joint police /fire training center.
PERSONNEL UGN Campaign. A citation was presented to Jim
Hansen from the United Good Neighbor organization
for the work done on the annual campaign. Hansen
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November 19, 1984
PERSONNEL reported that the City had also received a citation
because of the increase in employee contributions
and membership increases .
(CONSENT CALENDAR ITEM 5F)
Management/Professional Employee Benefit Program.
As recommended by the Finance Committee and as
discussed at the workshop on Tuesday, November 13,
1984, APPROVAL of the Management/Professional
Employee Benefit Program, and direction to the
City Attorney to prepare the enabling ordinance.
(CONSENT CALENDAR ITEM 5I)
Tax Deferral of City Employee Retirement System
Contributions. At the reqular Council meeting of
November 5, 1984 , the Council approved the City' s
participation in the recently authorized program
allowing contribution to the PERS or LEOFF retire-
ment systems to be exempt from Federal Income Tax
until such time as the funds are withdrawn from
the retirement system. ADOPTION of Ordinance 2507 :
An Ordinance of the City of Kent, Washington,
taking advantage of opportunities extended by
26 USC 0414 (h) and Chapter 227, Laws of 1984 for
deferral of Federal Income Taxes upon employee
contributions to the Law Enforcement Officers
and Fire Fighters Retirement System and the
Washington Public Employees Retirement System;
authorizing the making of the "Employers Pick up"
(payment of the employees contribution and the
making of corresponding reduction in wages or
salaries) ; and adding a new section to the Kent
City Code in connection therewith.
FINANCE (CONSENT CALENDAR ITEM 5B)
Approval of Bills. APPROVAL of payment of the bills
received through November 19 after auditing by the
Finance Committee at its meeting at 4 : 00 p.m. on
November 30, 1984 .
Port of Seattle Industrial Development Revenue
Bonds (Weyerhaeuser Company Project) . In 1983
the Industrial Development Corporation of the
Port of Seattle initially authorized the issuance
of Industrial Revenue Bonds in the amount of
$1, 000 , 000 for construction, installation, and
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November 19 , 1984
FINANCE equipping of a new Weyerhaeuser Secondary Fiber
Resource Recovery Plant. The project has been
substantially completed. The manufacturing faci-
lities of Weyerhaeuser are located at 20815 76th
Avenue South, between Burlington Northern Railroad
and Union Pacific Railroad in the City of Kent.
As the project is within the City of Kent, the
City has planning jurisdiction over the project
and the Port is recuired to obtain the approval
of the City pursuant to RCW 39 . 84 . 060 . JOHNSON
MOVED to adopt Resolution 1037: A Resolution of
the City of Kent, Washington, approving the issu-
ance of nonrecourse Industrial Development Revenue
Bonds of the Industrial Development Corporation
of the Port of Seattle, pursuant to RCW 39 .84 . 060
(Weyerhaeuser Company Project) . Leahy seconded.
Motion carried .
Tax Levy Ordinance. The deadline for submitting
the 1985 Property Tax levies to King County is
November
28 . This meeting etin is the last Council
meeting prior to the deadline and, therefore,
has been set aside to establish the levy ordinance.
Information on estimated assessed valuation, new
construction amounts, general fund levies, and
levy rates for General Debt Service and LID
Guarantee Funds were provided as an information
item at the last Council workshop on November 13 .
JOHNSON MOVED to adopt Ordinance 2509 setting the
tax levies for 1985, White seconded. 'Motion
carried. Johnson referred to a slight tax reduction.
FIRE Fire Master Plan. 'Mayor Hogan noted that this was
MASTER the date set for the public hearing on the Fire
PLAN Master Plan with Council having reviewed the Plan
at the October 8 workshop. Chief Angelo noted
that it was intended to present a quick overview
of the process used in preparing the Plan. He
further noted that if there was no need for
further public hearings Council would be asked to
direc
t the staff to P repare a resolution to adopt
the Plan and also an ordinance to add it to the
list of plans under the SEPA Ordinance. Assistant
Fire Chief Berg addressed the Council and noted
the Plan had been underway for approximately two
years with information being received from Fire
Departments throughout the nation. After analyzing
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November 19, 1984
FIRE the data that had been collected, twelve areas of
PIASTER needed improvement were identified within the
PLAN Fire Department. Also, at that time, two committees
were formed.
The Technical Committee was composed of one repre-
sentative from each department in the City, as
well as a representative from King County Building
& Land Development and a member from the King
County Planning Department. The Citizens ' Advisory
Committee was composed of citizens at large as
well as some of the special interest groups,
a member from the City Council, and a member of
the Board of Commissioners from King County Fire
District 37 . The areas of the improvement that
the Fire Department thought should be looked at
were brought to the attention of the two committees.
After receipt of their input from the committees ,
the Fire Department then made the necessary modifi-
cations to the plan and. at that time took those
improvements and adopted them into the areas of
service that are provided to the community. Six
service areas were then identified within the
Fire Department, as follows:
1) Emergency Medical Care
2) Reducing Risk Potential
a) Building Inspections
b) Building Permit Issuance
c) Fire Life Safety Inspections
d) Public Education
e) Fire Prevention Programs
3) Fire Suppression
a) Putting out Fires
b) Training for Utilization of
Right Techniques
4) Hazardous Materials Incident Management
5) Disaster Preparedness and Management
6) Non-Emergency Public Services
a) Reducing the Effects of Storm Drainage
b) Building Department (Noise Control,
[need Abatement, Abatement of
Dangerous Buildings, etc . )
Chief Berg noted that in each of the service areas
a present level of service was defined by the members
of the Committees as wE7.1 as a recommended level of
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November 19, 1984
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FIRE service. A method of reaching that proposed level
MASTER of service was then outlined in the plan. He fur-
PLAN ther noted that it was the feeling of the Fire
Department that adoption of the document by the
Council would be setting the direction that the
Fire Department would be following in the coming
years . By using the measurement criteria identi-
fied a method of determining Fire Department
effectiveness will be possible, noting that some
non-traditional methods of measurements will be
utilized. The allocation of resources that are
needed to reach the proposed service levels will
be controlled by the Council in the budget process.
Reaching the desired goals and service levels is
not something that will happen immediately but
will depend on the aggressiveness of the Fire
Department approach over the coming years.
In conclusion, on behalf of the Fire Department,
Chief Berg thanked the members of both the
Technical Committee and the Citizens Advisory
Committee, noting that without their input the
plan would not have existed . It was pointed out
that copies of the Fire Master Plan are available
at the Library, the City Clerk ' s Office and in
each of the six fire stations within the Fire
Protection Area .
The public hearing was opened by Mayor Hogan. The
Mayor noted receipt of a letter from the Chamber
of Commerce supporting the concept and intent of
the Fire Department Master Plan. WOODS MOVED
that the City Attorney be directed to prepare
the necessary adopting ordinance and resolution,
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White seconded. Motion carried.
BUDGET 1985 City Budget. Legal notice has been given
for this date for the public hearing on the 1985
budget. Copies of the Preliminary Budget have
been made available to the public. After input
received from the public at this meeting, the
Council will meet at a work session to make final
adjustments prior to the planned adoption of the
1985 City Budget at the December. 3, 1984 Council
meeting. Cushing referred to the 1985 budget
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November 19, 1984
BUDGET noting that it reflected an approximate 17% increase
over the 1984 budget. He stated that it also shows
the continuing growth in the economy and that revenues
have increased because of this growth. He pointed
out that in keeping with past practice revenue
estimates for 1985 are somewhat conservative. Also
reflected in the 1985 budget are the implementation
of a number of the City 's capital and operating
programs, some of the most significant being con-
struction of the new Senior Center, the new jail,
new facilities for Valley Com and acquisition of
land for the golf course expansion. In addition,
some public safety improvements are shown, including
six firefighters and two additional positions in
the Police Department. Cushing further noted that
there are approximately 13 projects in the public
works area, such as projects for storm sewers,
streets, pedestrian and traffic related improve-
ments . In addition, the contingency fund has been
increased to restore it to the half million dollar.
level. He noted that this was done to take care
of emergencies , potential downturns in the economy,
and as a reserve for legal liabilities that might
occur. He also noted that the budget reflects
maintaining, and to some extent increasing, the
City' s contribution to several social service
agencies . Cushing concluded by noting that the
budget does not provide for approximately $5 million
in requests and needs identified during the budget
process, noting that those needs are largely capital
expenditures and will have to be faced in the future
even though not provided for at this time.
The public hearing was opened by Mayor Hogan. The
Mayor noted receipt of a letter from the Chamber
of Commerce containing their recommendation to
retain the local sales tax at 1% , recommending
that the utility tax be reduced by 0 . 50 , encouraging
the City to research the feasibility of reducing
property tax rates, and further recommending that
any growth in City staffing be confined to positions
in Public Safety, namely Police and Fire. WHITE
MOVED to make the letter part of the record,
Johnson seconded . Motion carried.
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November 19, 1984
BUDGET There was no further discussion and LEAHY MOVED to
close the Dublic hearing, White seconded. The
Mayor noted that she might not be able to attend
the meeting scheduled for the 20th but asked that
certain issues be addressed, namely the designa-
tion of a permanent source of funding for the
Arts, something previously requested, setting
aside the amount of $300,000 as the first of
four installments toward the costs of a new
library, and to address the unfunded capital
improvement projects referred to by Cushing in
the amount of approximately 5 million dollars .
The motion to close the public hearing carried.
LEAHY MOVED to instruct the Citv Attorney to
prepare the ordinance adopting the 1985 City
Budget for presentation on December 3 . Woods
seconded. Motion carried.
STREETS (CONSENT CALENDAR ITEM 5C)
(REMOVED AT THE REQUEST OF COUNCILPERSON JOHNSON)
King County Road Fund. Councilmembers Johnson
and White expressed concerns about the creation
of road districts and the possible continuation
of County diversion of road funds. It was ex-
plained that the intent of the resolution was
to urge the County to address the problem now,
particularly in South King County. In response
to the Mayor ' s suggestion, WHITE MOVED for the
adoption of Resolution 10341 with a cover letter
containing the concerns of the Council to be
forwarded to the County with the resolution.
Johnson seconded. Motion carried.
(CONSENT CALENDAR ITEM 5H)
LID 304 - Smith Street Improvement - Confirmation
of the Final Assessment Roll . The hearing on the
Final Assessment Roll for LID 304 was concluded
on Monday, November 5 , 1984 . The Council at
that time confirmed the assessment roll, as
amended at the hearing , and directed the prepar-
ation of the confirming ordinance. ADOPTION of
Ordinance 2506 : An Ordinance of the City of Kent,
Washington, approving and confirming the assess-
ment and assessment roll of Local Improvement
District 304 , which has been created and established
for the purpose of improving a portion of the City
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November 19 , 1984
STREETS of Kent by the reconstruction of Smith Street
from 4th Avenue to Lincoln Avenue and Lincoln
Avenue from Smith Street to a point 385 feet
north of Smith Street by the installation of
asphalt pavement, concrete curb and gutter,
sidewalks, storm drainage and retention, under-
grounding of electrical facilities , street
lighting, landscaping and various water service
stubs, all as provided by Ordinance 2241; and
levying and assessing the amount thereof against
several lots, tracts, parcels of land, and other
properties shown on the roll .
LID 307 (S. 180th/S.W. 43rd Street Improvement) .
This date has been set for the continued public
hearing on the confirmation of the Final Assess-
ment Roll for LID 307 . Citv Engineer Gill ex-
plained that concerns were raised at the October
15 public hearing on confirmation of the final
assessment roll regarding several parcels not
being included within the LID boundary. He ex-
plained that an analysis had been made by Gary
Volchok to address the issue and further noted
that the properties in question not included in
the LID, namely parcels 38 , 39 and 40, were
because of the planned construction of an under-
pass under the railroad. It was later determined
that the Urban Arterial Board had advised that
there was no potential funding for any future
underpass and an ongrade crossing was constructed.
Because of this it is now felt that there is some
benefit to be derived by those parcels because
of the curbs and gutters, sidewalks , storm drains
and other improvements which were also constructed.
He noted that the recommendation was to direct
staff to prepare the necessary documents to expand
the LID boundary to include those parcels and
return to the Council with a report indicating
the actual benefits derived.
The public hearing was opened by Mayor Hogan. No
correspondence has been received. Nancy Tiede,
7209 S . 180th, referred to questions and objections
which had been raised at the October 15 hearing.
She suggested that further study was needed to
determine the benefits to all properties involved,
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November 19 , 1984
STREETS including those derived from the left turn lanes.
In response to questions, DiJulio noted that the
entire assessment roll would have to be revised,
necessitating a new public hearing. It was deter-
mined that the concerns of the Tiedes would be
addressed when the assessments are analyzed. DiJulio
further noted that the issue of adequate or appropriate
assessments would most likely be addressed at the
same time as the hearing to expand the LID boundaries.
There were no further comments and WHITE MOVED to
close the public hearing, Leahy seconded. Motion
carried.
WOODS MOVED that staff be directed to prepare the
necessary documents to expand the LID boundary to
include those parcels between 72nd Avenue S. and
the Milwaukee Railroad tracks which were not included
in the original LID boundary. White seconded.
Motion carried.
EAST HILL East Hill Plan Amendments. On October 30, 1984 ,
PLAN the Planning Commission recommended approval of
AMENDMENTS East Hill Plan Amendments which will expand the
commercial area in the vicinity of S.E. 240th and
104th S .E. The City Council reviewed the Planning
Commission recommendations at the November 13
workshop.
Fred Satterstrom addressed the Council, referring
to the Planning Commission ' s recommendations to
the Council on October 30, 1984 which recommended
approval of several plan map amendments which
would expand the commercial area in the vicinity
of S .E. 24.Oth Street/104th Avenue S .E. intersection
as follows :
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November 19 , 1984
EAST HILL
PLAN
AMENDMENTS
EAST HILL PLAN
SITE LEGAL DESCRIPTION AMENDMENT
CITY OF KENT
A Tax Lots 79, 84, and 93 in the SW 1/4 of Section No change
17-22-5
B Tax Lot 15 in the SW 1/4 of Section 17-22-5 No change
C Tax Lots 37 and 290 in the SW 1/4 of Section Change plan designa-
17-22-5 tion to Community
Retail
D Lot 1 of R.O. Smith's Orchard Tracts Addition Change plan designa-
to Kent, less the easterly 75 feet thereof tion to Office
E Lot 2 of R.O. Smith's Orchard Tracts Addition Change plan designa-
to Kent, plus the easterly 75 feet of Lot 1 tion to Community
Retail
F South 1/2 of Lot 3 of R.O. Smith's Orchard No change
Tracts Addition to Kent
G Lots 7 and 8 of R.O. Smith's Orchard Tracts Change plan designa-
Addition to Kent tion to Community
Retail
H Tax Lots 34, 87, 50, and 2 in the NE 1/4 of No change
Section 20-22-5
KING COUNTY
J, JI Lots 13 and 14 of R.O. Smith's Orchard Tracts Change plan designa-
Addition to Kent tion to Community
Retail on Lot 13 only
K, K1 Lots 11 and 12 of R.O. Smith's Orchard Tracts Change plan designa-
Addition to Kent tion to Community
Retail
L Lot 20 and portion of Lot 29 of R.O. Smith's Change plan designa-
Orchard Tracts Addition to Kent; Lots 1-5 of tion to Office
R.J. Bower's Addition
M Lots 21 and 28 of R.O. Smith's Orchard Tracts Change plan designa-
Addition to Kent tion to Office
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November 19, 1984
EAST HILL t .. , !
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November 19, 1984
EAST HILL In addition the Planning Commission also recommended
PLAN the following actions to the City Council :
AMENDMENTS
1) That the Transportation element of the East
Hill Plan be amended to include a "Potential
Roadway Locations" map (Map 7) .
2) That Policy 8 of the Public Facilities element
of the East Hill Plan which reads as follows:
"8 . The area commercially zoned should
be expanded at such time when at least
75 percent of the existing commercial
land is developed (1971 East Hill Plan) . "
be deleted.
3) That the commercial area in and around the
vicinity of S.E. 256/104th S.E. be studied
for possible expansion on the East Hill Plan.
Satterstrom referred to a map of the East Hill com-
mercial area which was the subject of the study
for potential commercial expansion. In this process
the first step was the review of the comprehensive
plan for possible amendments to be later implemented
through zoning. Satterstrom stated that approxi-
mately twelve sites were looked at for their com-
mercial expansion potential . Several of those
inside the City were recommended for commercial
designation and some recommendations were made
outside the City limits in King County. Satterstrom
then reviewed the different sites which were recom-
mended by the Planning Commission for changes. He
noted that the comprehensive map proposals inside
the City would create about 16 . 8 acres of additional
retail space. He pointed out that the existing
commercial areas that were undeveloped were some-
what small and scattered throughout the area and
no large sites were available for larger size
integrated shopping center type development.
Referring to Recommendation No. 1 , he noted that
the Planning Commission had felt that in conjunction
with the proposals for increasing the commercially
designated areas some sort of conceptual circulation
plan should be considered.
The Mayor noted receipt of a letter from Elaine
Holst objecting to the Fred Meyer rezone. WOODS
MOVED to make the letter part of the record,
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November 19 , 1984
EAST HILL Leahy seconded. Motion carried. A letter has also
PLAN been received from the Kent Chamber of Commerce
AMENDMENTS supporting the Planning Commission ' s recommendations.
LEAHY MOVED to make the letter part of the record,
Woods seconded. Motion carried.
Satterstrom clarified for Leahv that there was in
fact some disparity between staff recommendations
and Planning Commission recommendations. He noted
that both deal with the Comprehensive Plan and are
carried over into the zoning. Referring to Site D
and E, he noted that staff had recommended that
Sites E and F be changed to community retail design-
ation and Site D remain as it is, namely a small
strip of Office zoning along S.E. 240th with the
balance being MRM (Medium Density Multi-Family) .
The Planning Commission disagreed which resulted
in Site E becoming 75 feet wider with a Community
Retail designation and the remainder of the site
being proposed for an office designation, thus
eliminating the multi-family. Sites L and M were
also changed from the Planning staff recommendation
to go from limited commercial/office designation
to high density multi-family. These sites were
recommended by the Planning Commission for Office
zoning. Satterstrom further clarified for Leahy
that the action proposed tonight would eliminate
the reference to the 75% threshold in the East
Hill Plan. White questioned why Sites L and M
were not being considered for commercial designa-
tion. Satterstrom clarified that Site L was approx-
imately 11 or 12 lots and Site M another 13 to 14 ,
and that it was felt that to designate them Retail
Commercial could result in a strip-type commercial
development. Consideration was also given to the
medium density multi-family residential designation
lying behind Sites L and M and it was felt that the
office type of designation would be more compatible
with this multi-family zoninq. In response to
White ' s further question, Satterstrom noted that
the designations given followed in most cases the
property lines, with the exception of Sites D and
E where the Planning Commission had opted to change
the designation and shift the lines.
Satterstrom responded to the Mayor ' s question re-
garding the land use map by noting the development
in the area of the intersection represented the 80%
development figure.
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November 19 , 1984
EAST HILL DiJulio recommended that action on directing the
PLAN preparation of the resolution amending the Compre-
AMENDMENTS hensive Plan be deferred until conclusion of the
zoning public hearing . Hansen suggested that in
the future when such studies were requested that
they be limited to the Comprehensive Plan study
as opposed to the comprehensive plan and zoning.
He indicated that when such a dual study is under-
taken it is impossible to predict what future
changes might occur through development and condi-
tions imposed thereon. In response to questions
from White, Hansen noted that the present study
covered only a small part of the East Hill and
property owners had requested that similar studies
be conducted at the intersection of S.E. 256th
and 104th S.E.
ZONING East Hill Zoning Amendments. It was noted that
AMENDMENTS on October 30, 1984 the Planning Commission com-
pleted a series of public hearings to consider
changes to the East Hill Plan which would expand
the commercial area. It is their recommendation
that zoning in certain areas covered by the Plan
changes be rezoned to reflect the Comprehensive
Plan changes. The areas proposed for rezoning
were discussed by the Council at the November 13
workshop. The public hearing scheduled for this
meeting is to implement the zoning changes recom-
mended. Satterstrom noted that the Planning Com-
mission was recommending that four sites in the
study area, involving approximately 16. 8 acres ,
be rezoned to CC , Community Commercial. These
are indicated on the maps as Sites C, E, F and
G. Four other sites, A, B, D and H, were analyzed
for commercial use but were not included in the
staff recommendation. Satterstrom noted that
the Planning_ Commission recommendations were as
follows:
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November 19 , 1984
ZONING
AMENDMENTS
ZONING
SITE LEGAL DESCRIPTION AMENDMENT
CITY OF KENT
A Tax Lots 79, 84, and 93 in the SW 1/4 No change
of Section 17-22-5
B Tax Lot 15 in the SW 1/4 of Section
No change
17-22-5
C Tax Lots 37 and 290 in the SW ,1/4 Change zoningto CC-Community
of Section 17-22-5 Commercial
p Lot 1 of R. 0. Smith's Orchard Change zoning
to O-Office
Tracts Addition to Kent, less the
easterly 75 feet thereof
E Lot 2 of R.O. Smith's Orchard Change zoning
to CC-Community
Tracts Addition to Kent, plus Commercial
the easterly 75 feet. of Lot 1
F South 1/2 of Lot 3 of R.O. Smith's Change zoning
to CC-Community
Orchard Tracts Addition to Kent Commercial
G Lots 7 and 8 of Rj.O. Smith's Orchard Change zoning
Tracts Addition to Kent to CC-Community
Commercial
N Tax Lots 34, N, 50, and 2 in the NE No change
1/4 of Section 20-22-5
KING COUNTY
J. J1 Lots 13 and 14 of R.O. Smith's Orchard N/A
Tracts Addition to Kent
K. K1 Lots 11 and 12 of R.O. Smith's Orchard
N/A
Tracts Addition to Kent
L Lot 20 and portion of Lot 29 of R.O.
N/A
Smith's Orchard Tracts Addition to
Kent; Lots 1-5 of R. J. Bower's Addi-
tion
M Lots 21 and 28 of R.O. Smith's Orchard
N/A
17 --
November 19 , 1984
ZONING EAST HILL COMMERCIAL ZONING STUDY
AMENDMENTS
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18 -
November 19 , 1984
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ZONING He reviewed the zoning on each site proposed.
AMENDMENTS Satterstrom concluded that the Planning Commission
expressed concerns about the ultimate traffic
impacts that the rezones could have in the East
Hill area as well as the broader impact. He
stated that the Commission had asked that he
voice their concerns about the transportation
system impacts and ask that the Council strive
to solve the traffic situation in the East Hill
area. He noted that although the Plannina Com-
mission did not make a specific recommendation
on the proposed East/West Corridor they were ask-
ing that some transportation planning be done to
miligate the ultimate impact of the rezones.
City Engineer Gary Gill referred to a memorandum
which was included with the Council packets regard-
ing Site G which was part of the recent Rowley #4
annexation. He noted that the Public Works Depart-
ment was requesting that the Council include in
its motion the requirements that were adopted as
Dart of the Rowley Annexation #4 zoning which
were for deeding the necessary right of way on
S.E. 240th and 108th S.E. when and if the parcels
or the property owners applied for any development
permits.
The public hearing was opened by Mayor Hogan. She
noted that several letters had been included as
part of the Council packet, including letters
from Robert Clemens and Charlotte Norder and a
petition signed by residents of the area. JOHNSON
MOVED to make the letters and petition part of the
record, White seconded. Motion carried.
Robert Gaunt, 10617 Kent-Kangley Road, asked that
Parcels C and G not be rezoned at this time but
be under consideration only at such time as a
complete study of the East Hill is done and that
only the parcels originally included be considered.
Jerry Baisinger addressed the Council on behalf
of Fred Meyer. He commended the Council for its
action to direct the Planning Commission to look
at a study area on the East Hill for the possible
expansion of commercial zoning. He asked that
the Council take action on the Planning Commission
19 -
November 19 , 1984
ZONING recommenations at this meeting. He noted that
AMENDMENTS should the City adopt the Planning Commission
recommendations, Fred Meyer will proceed immedi-
ately with its purchase of the site. He pointed
out that while the project is not now included
in the 1985 construction program, it will probably
be built within the next three years.
Stuart Stern, 10035 S. E. 224th Street, addressed
the Council and recommended that the Planning
Commission recommendation not be allowed because
of the Appearance of Fairness Doctrine. His
position was based on the October 30 Planning
Commission meeting where new exhibits were intro-
duced and where Ms. Stoner, Chairman of the Plan-
ning Commission, indicated to a gentleman from
the audience he would not be allowed to comment
since the public hearing was closed. Also, at
the same meeting, an amendment regarding the
comprehensive plan segment was introduced by
Chuck Lambert, Commission member, but the reason
for the amendment was not included in the minutes,
and last, the alleged impairment of a speaker ' s
integrity.
Leslie Wagner, 215 South Fourth, addressed the
Council on behalf of the owners of the west half
of Parcel G and urged the Council to adopt the
recommendations of the Planning Commission to
zone the property Commercial. She pointed out
that the parcel of property contains approximately
nine acres and was a natural extension of the
current zoning in that area.
Allan Stewart, on behalf of Greta Stewart, executrix
of the Estate of Carolina Berg, owner of the property
referred to by Ms . Wagner, also asked to go on.
record as favoring community commercial for Site G.
He urged the Council to give favorable considera-
tion to this zoning, noting that it had been
requested at the time of the Rowley 04 Annexation
zoning hearings.
Jeanne Foster, 24441 - 130th Place S.E. , addressed
the Council, noting that during the many hearings
over the Fred Meyer rezone issue, she had repeatedly
- 20 -
November 19 , 1984
ZONING been in opposition to the development. She pointed
AMENDMENTS out, however, that it is now her belief that it
would be preferable to have a quality type commer-
cial development such as that proposed by Fred
Meyer as opposed to many small businesses over
which the City might have little control as to
development.
Kent Bruton, 23925 98th Avenue S . , questioned the
effect of such developments as that proposed by
Fred Meyer on the quality of life for the residents
of the City of Kent. He suggested that further
growth not be allowed.
Connie Baesman, 10206 S.E. 224th Street, expressed
concerns about the Fred Meyer rezone and its
effect on the area, particularly problems which
could result from having such a development next
to a school . She referred to more traffic conges-
tion on James Street and the fact that it presently
is one of the arterials leading into downtown Kent.
She also expressed objections about the further
consideration of the 224th corridor being included
in an East/West Arterial study. She referred
specifically to the time involved before such a.
road could be built, if it should ever be determined
feasible. She asked that the Counc.il ' s decision
not be based on whether or not such a road would
ever exist.
John O'Rourke, P. O. Box 98741 , Des Moines, Washington,
addressed the Council on behalf of Grandmore Associates ,
a limited partnership which owns a tract of already
developed property at S.E. 240th and Benson. He
presented a letter to the Council r.eaarding the
objections of his client to the proposed rezone.
Summarizing the objections, he referred to the
hearings which were held subsequent to the adoption
of Resolution 1027 and noted that no one had ever
pointed out in what manner the Hearing Examiner
had made a mistake. He suggested that the Planning
Commission should examine the record more carefully
on the issue of the initial denial of the rezone by
the Hearinq Examiner to determine if there was any
evidence which could be construed as arbitrary or
incorrect.
21 -
November 19 , 1984
ZONING He referred again to Resolution 1027 and suggested
AMENDMENTS that the wording of the resolution assumes that a
recommendation to rezone will be forthcoming. He
also referred to the second public hearing before
the Planning Commission, at which most of the
objectors to the rezone were present, and noted
that a quorum was in fact not present. He sug-
gested that the City does not have the power to
act without a quorum. In closing, O'Rourke
suggested that the Council might consider a
remand to the Planning Commission so that it
might be heard and determined in a proper way.
He pointed out that his client opposed the matter
both on the merits and for the above reasons.
WHITE MOVED to make Mr. O'Rourke' s letter part
of the record, Johnson seconded. Motion carried.
In response to the Mayor ' s question, DiJulio
noted that the minutes of the Planning Commission
meeting reflected his opinion accurately with
regard to the public hearing proceeding even though
no action could be taken. He referred also to the
fact that the record of the proceedings was to
be made available to the members of the Planning
Commission prior to any action being taken as to
making its recommendations. Referring to Resolu-
tion 1027 , DiJulio expressed no problems with it,
noting that the direction of the Council was to
make recommendations and to provide for the imple-
menting zoning measures. If there were no recom-
mendations there would be no new zoning.
Referring to Mr. Stern ' s concerns about the Appear-
ance of Fairness doctrine, DiJulio noted that
this matter was addressed at the Planning Com-
mission level and the minutes of their meeting
also reflect a written opinion from the City
Attorney' s office concerning the application
of the doctrine to the Planning commission hear-
ings. Noting that Mr. Stern had raised the issue
of material having been presented after the public
hearing was closed, DiJulio stated that the Plan-
ning Commission opens the matter for public hearing,
takes public testimony and continues to deliberate .
The fact that additional information is discussed
- 22 -
November 19 , 1984
ZONING or considered by the Commission is not prejudicial
AMENDMENTS to the proceedings. He noted that this might give
rise to some concern on the part of the Council
but would give no basis for turning over the
Planning Commission' s actions as a result of that
since it is not a quasi-judicial proceeding giving
rise to strict standards of evidentiary consider-
ation which the Court would have. There were no
further comments and WHITE MOVED to close the
public hearing , Woods seconded. Motion carried.
EAST HILL PLAN WOODS MOVED to adopt the East Hill Plan Amendments
AMENDMENTS/ as recommended by the Planning Commission and to
EAST HILL direct the preparation of the enabling resolution.
ZONING Johnson seconded. Motion carried.
AMENDMENTS
JOHNSON MOVED that the East Hill Plan Zoning
Amendments be adopted as recommended by the Plan-
ning Commission and to direct the preparation of
the enabling ordinance to also include the Public
Works Department recommendation regarding the
Rowley annexation. Woods seconded. Motion carried.
STREETS (CONSENT CALENDAR ITEM 50)
(REMOVED AT THE REQUEST OF THE PUBLIC WORKS DEPT. )
LID 317 - 45th Place S . Street Repair and Overlay,
i4o action was taken at this meeting to accept the
contract of Universal Utility Contractors for
street improvements on 45th Place S .
AGPICULTURAL Harris noted that planning staff has now completed
ZONING their work on the A-G zoning district, a general
agricultural zoning district in conjunction with
A-1 zoning. The matter will be brought to the
November 26 workshop and scheduled for public
hearing on December 3 . Also at that time a dis-
cussion will be held regarding the compensation
issue.
COUNCIL Mayor Hogan noted receipt of a letter from the
City of Auburn asking interested Council members
and City staff to join with the City of Auburn
and AWC in hosting a dinner for legislators from
the llth, 30th, 31st and 47th Legislative Districts
on December 6 , Thursday, at 6: 00 p.m. at the Turtle
Too in Auburn. All council members and staff were
urged to attend.
23 -
November 19, 1984
ADJOURNMENT WOODS MOVED to adjourn the meeting at 8 :45 p.m. ,
Leahy seconded. Motion carried.
Betty Gray, CPS
Deputy City Clerk
- 24 -