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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. - 1 - 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. - 2 - i 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 3 - I I i 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 i - 4 - I 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 - 5 - 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 6 - i I I I November 19, 1984 i 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, i 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 i 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. 8 - i 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 9 - 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, 10 - 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 : - 11 - 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 12 - November 19, 1984 EAST HILL t .. , ! PLAN AMENDMENTS .,.,...........................,.,. ................,....................... Jf ' W Q y !�J < `q C 0 0 sc ztio�sr / J E NOT / I I / I / I N / I O / I I I � / I PI..RNNIN� �CMM«IoN �,�GON1NtENC�TION= FAST HILL PLAN KNP AM EN DMENT5 "opqxA 6amwuWIY Fkop�cA Offfcf- (zc1'�ii N5ijV At(O" •; 4 t9Ka out 13 - 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, - 14 - 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. 15 - 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: 16 - 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 r s i 0 sX�■XYI•» • �! - • Li ■ , ............................... u �N.1.�.1.�.1.N�.hM.�.•.�.•.�.�.�. ■ ■ �A S SE LYO�ST H U--L- N(Ac,: cT K K � i�,� p 5 re,,—A —An {oY G-Pifir� v_��.nnv�tJ• E L M z o' 0 ■m• PLANNINCG 60MM15NON KEGOMMEND/�Ti0h: Z NNIN& MAP AMENDMENTS 5i+c5 vawm~Amm for Ct,- G0%WAAuVity 60 AAVAeV6iA 18 - November 19 , 1984 i 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 -