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HomeMy WebLinkAboutCity Council Meeting - Council - Minutes - 12/03/1984 Kent, Washington December 3, 1984 Regular meeting of the Kent City Council was called to order at 7: 00 o 'clock p.m. by Council President/Mayor Pro Tem Johnson. Present: Councilpersons Bailey, Biteman, Johnson, Kelleher, Leahy, White and Woods, City Administrator Cushing, City Attorney DiJulio, Planning Director Harris, Public Works Director Wickstrom and Finance Director McCarthy. Also present: City Treasurer Drotz , Fire Chief Angelo, Police Chief Skewes and Assistant City Administrator Webby. Approximately 45 people were in attendance at the meeting. PROCLAMATIONS Free Enterprise Week. The week of December 9 to 15 was proclaimed to be Free Enterprise [week in the City of Kent. National Drunk & Drugged Driving Awareness Week. Mayor_ Pro Tem Johnson declared the week. of December 9 through 15 as National Drunk & Drugged Driving Awareness Week in the City of Kent. PERSONNEL Employee of the Month. A plaque was presented to Fireman Mike DeHart, Public Information Officer for the Fire Department, who has been selected as the City' s Employee of the Month for December. Drinking Driver Task Force. A Certificate of Appreciation was presented to Ford Kiene, Chairman of the Task Force, and Kathleen Groshong, Coordinator for the program. (CONSENT CALENDAR ITEM 5N) Exempt Employee Plan Ordinance. ADOPTION of Ordi- nance 2512: An Ordinance of the City of Kent, Washington exempting specific officers and employees from overtime and compensatory time benefits; establishing a Management/Professional Employee Benefit Program; adopting new Sections 2. 40. 110 and 2 . 40 . 115 Kent City Code. The Council approved the exempt plan and directed preparation of the enabling ordinance at the regular meeting of November 19, 1984 . Resolution Honoring Nadine Burke. WOODS MOVED to adopt Resolution 1038 commending Hearing Examiner Nadine M. Burke. Kelleher seconded. Motion carried. • - 1 - December 3, 1984 CONSENT BITEMAN MOVED that the -Consent Calendar Items CALENDAR A through 0 be approved, with the exception of Item D, removed at the request of Councilperson White. Woods seconded. Motion carried. (CONSENT CALENDAR ITEM 5A) Approval of Minutes. APPROVAL of the minutes of the regular Council meeting of November 19 , 1984 . HEALTH & (CONSENT CALENDAR ITEM 5G) SANITATION Sewer Rate Increase. ADOPTION of Ordinance 2510 amending City of Kent sewer rates to reflect Metro rate increases. Single family residential rates will be $14 . 00 per month and other than residential will be $1. 85 plus $1 . 35 per 100 cubic feet of water consumption per month. (CONSENT CALENDAR ITEM 5H) Sun Meadows Sanitary Sewer Extension. ACCEPTANCE of the bill of sale and warranty agreement for construction of approximately 5,048 feet of sanitary sewer extension in the vicinity of S.E. 279th and 128th Avenue S.E. ACCEPTANCE of the improvements for continuous operation and maintenance and AUTHORIZATION for the release of the cash bond after expiration of the one year maintenance period. WATER LID 316 - 94th Avenue Water Main. This date has been set for the public hearing on the creation of LID 316. The City Clerk has given proper legal notice. The public hearing was opened by Mayor Pro Tem Johnson. Wickstrom explained that a hearing had been held on the formation of this LID on May 21 , 1984 . Because of the concerns expressed, the situation was re-evaluated, and a meeting was held on October 11 with the property owners involved. He noted that the area was originally served by the Hamilton Road Water Com- pany and that in the late 1960 ' s the City took over and connected the Company' s facilities to the City' s system. The existing 4 inch main is old and in poor condition and resulting in poor water service and fire fighting capabilities. Requests for additional service from this system have been denied for a number of years. Wickstrom pointed - 2 - December 3, 1984 I WATER out that the Hamilton Road Water Company agreement had been reviewed and properties had been reassessed allowing credits to some properties. The project cost is estimated to be $237 ,784 , of which $103 ,951 is assessed to the property owners and $133 , 833 will be bourne by the City. He noted that the Fire Department had reviewed the situation and concluded that the existinq facility was inadequate and that, on this basis, the City could override the protests even if such protests exceeded 60% of the total assessments. Protests received prior to this meeting equal 4. 25%. The Clerk noted receipt of a protest in the mail from David Edmundson and Ann Johnson and further protests were filed at tonig t s mee ing from Patricia & Donald E. Hanson and from Marie Frisbie, all of which have been filed for the record. Patricia and Donald Hanson spoke for themselves and on behalf of Marie Frisbie, objecting to the City' s interpretation of the provisions of the agreement with the Hamilton Road Water Company. Wickstrom and DiJulio explained that the shareholders were entitled to have one 90 foot frontage parcel free of assessment, which the City interpreted to mean one free service connection representing one single lot. DiJulio explained for Mr. Edmundson that the benefit to the property must equal or be more than the amount of the assessment. Tim Drangsholt spoke in favor of the project, noting the need for adequate fire protection and noting also that he could not obtain service for his new house from the existing water facilities. Fire Chief Angelo explained that the existing system could not provide the required number of gallons of water per minute to provide adequate fire pro- tection. He also noted that there were far too few existing fire hydrants. White noted for the record that he was not the James White listed in Assessment Item No. 114. 3 - i December 3 , 1984 WATER There were no further comments and the hearing was closed. LEAHY MOVED to direct the City Attorney to prepare the ordinance to create LID 316. Woods seconded and the motion carried. LID 309 - East Hill Water Mains. This date has been set for the public hearing on the addition of five properties to the LID and confirmation of the final assessment roll . The City Clerk has given the prover legal notice. The public hearing was opened by Mayor Pro Tem Johnson. Public Works Director Wickstrom explained that this LID was initiated in May of 1982 and that there were no protests at that time. He noted that two parcels listed on the preliminary roll were omitted in the ordinance creating the LID and that the owners of three other parcels had asked to be included in the LID. The purpose of this hearing is to add these five parcels and to confirm the final assessment roll. Wickstrom stated that the original estimate was $95,963 . 38 and that the final amount is $122, 294 . 54 . He pointed out, however , that the increase was attributed to the added parcels. Wickstrom explained that this project provided for the installation of 8 to 12 inch mains to provide a distribution main to existing customers on the Kent Springs Transmission Main. Resolution 854 , passed in December, 1978 , rea_uired transmission main customers to terminate their connections and this project provides the necessary distribution main for customers west of 132nd S. E. He noted that all properties with potential use of the facilities were included in the assessment roll and that the city is financing the remainder and is also funding oversizing above 8 inches. He described the benefits to the properties as follows: 1) Each parcel meets its responsibility for water distribution main construction, 2) Each obtains a public water supply source, 3) Each is afforded an opportunity for addi- tional services, and - 4 - December 3 , 1984 WATER 4) An attractive method of financing the improve- ments is made available. Wickstrom noted that connections to the Kent Springs Transmission Line must be terminated by June 1 , 1985 and that the lines provided by this LID will then be the only source of water supply. He explained the ten year method of financing , and clarified for a man in the audi- ence that charges-in-lieu of assessments could be arranged for other properties within the service area who were not part of the original LID. A letter from Stanley LeBlanc of 26513 - 106th Avenue S. E. was filed for the record, by motion. LeBlanc stated that the City' s Transmission Main runs through a part of his property and asked that his assessment payments be delaved until the City abandons the line. Upon questions from the Council, Wickstrom explained that LeBlanc ' s connection dates back to 1909 , _ and that the property in a_uestion will revert back to him when the City abandons the trans- mission line. He noted further that all those connected to the transmission line had been notified in 1978 that they must terminate by June 1 , 1985. There were no further comments and LEAHY MOVED to close the hearing. Woods seconded and the motion carried. KELLEHER MOVED that the City Attorney be directed to prepare the ordinance to include the additional five parcels and to confirm the final assessment roll for LID 309 . Woods seconded and the motion carried. (CONSENT CALENDAR ITEM 5E) Water Main and Road Extension Agreement. AUTHORI- ZATION for the Mayor to execute an agreement with William A. Looney_ for installation of water service and a three-year time extension for installation of necessary main and water system and road im- provements. (CONSENT CALENDAR ITEM 51) Skyline Park Condominiums. ACCEPTANCE of the bill of sale and warranty agreement for construction of approximately 1 , 230 feet of force main, 310 feet of 5 - December 3 , 1984 WATER gravity main, a 6 foot diameter wet well, and a sanitary sewer lift station in the vicinity of Military Road and South 222nd. Acceptance of the improvements for continuous operation and maintenance and authorization for the release of the cash bond after expiration of the one year maintenance period. (CONSENT CALENDAR ITEM[ 5L) LID 309 - Charge in Lieu of Assessment. AUTHORI- ZATION to levy a charge in lieu of assessment against those properties which benefit and were not assessed for the water line constructed in conjunction with LID 309. STREETS LID 300 - Crow Road and South 260th Street Im- provements. This date has been set for the public hearing on the confirmation of the final assessment roll for LID 300. The City Clerk has given the proper legal notice. The public hearing was opened by Mayor Pro Tem Johnson and Public Works Director Wickstrom noted that the LID was formed in September, 1980 , and at that time pro- tests totaled 7% of the proposed assessments. He noted that the estimated total cost of the project had been $1 ,172 , 298 and that the final figure was $1 ,083 , 686 . The Clerk noted that letters of protest had been received from. King County on Assessment No. 3 and from Wayne Parker, attorney for the American Legion, Assessment No. 2. Both letters were filed as a part of the record. Parker addressed the Council noting that the pro- perty was not benefitted, noting that access to public roads had been reduced and that the steep grade of the new driveway would make access impossible during severe weather conditions. There were no further comments and upon the recom- mendation of Wickstrom, KELLEHER MOVED to continue the hearing to December 17 , 1984 to allow staff time to respond to the protests. Biteman seconded and the motion carried. TRAFFIC Extended Parking Hours. Bailey noted that the CONTROL Greater Kent Business Council has requested un- limited parking hours for the month of December. DiJulio noted that Ordinance 2444 , passed in November of 1983 allowed extended parking from Thanksgiving to January 2 each year. 6 - December 3, 1984 TRAFFIC S.E. 248th and Benson Highway. A letter has been CONTROL received from the United Methodist Church express- ing concern over the hazardous conditions at the intersection of S.E. 248th and the Benson Highway. KELLEHER MOVED to accept the letter for the record and to refer it to the Public Works Committee. Woods seconded. Motion carried. 4th & James Street. A petition has been received containing 166 signatures requesting a pedestrian overpass on James Street between Kent Commons and the Park & Ride lot. A letter from Jeanne Foster notes that children using the Commons Playfield must cross James Street and cars do not stop for pedestrians. Cushing noted that the Public Works Director and Parks Director have been asked to evaluate alternatives and that the matter would be discussed at a workshop session. It was noted that the Public Safety and Public Works Committees would also be involved. The petition and letter have been filed for the record. POLICE (CONSENT CALENDAR ITEM 5C) DEPARTMENT P. D. Panda Van. ACCEPTANCE of the P. D. Panda van donated by the Kent Police Officers. (CONSENT CALENDAR ITEM 50) Return of Seized Vehicle to Owner. APPROVAL for the Police Department to return a seized vehicle to the original owner for services rendered. This item was discussed at the November 26 work- shop. FIRE (CONSENT CALENDAR ITEM 511) DEPARTMENT Fire Master Plan Ordinance. ADOPTION of Ordinance 2511: An Ordinance of the City of Kent, Washington adopting the Fire Master Plan and amending Subsection 12. 12A. 510 D. Kent City Code (Ordinance 2494 , SEPA) in conjunction therewith. The Council reviewed the Fire Master Plan and directed pre- paration of the enabling ordinance on November 19 , 1984 . PARKS (CONSENT CALENDAR ITEM 5D) DEPARTMENT (REMOVED AT THE REQUEST OF COUNCILPERSON WHITE) Liquor License. AUTHORIZATION for the Parks Director to notify the Liquor Control Board that - 7 - December 3, 1984 PARKS the City has no comment on the application for a DEPARTMENT liquor license by K. W. Morrill for the Athletic Department Tavern to be located at 905 West Meeker Street, which is located near Uplands Playfield. White noted that he had mixed emotions on this item but in accordance with his beliefs, he MOVED that the City oppose the granting of a liquor license next to a City park. Kelleher seconded. Bailey noted that this had been discussed at a Parks Committee meeting and that this park facility was not a playground, but was a sports field. He noted that this would be a restaurant, not just a tavern. Upon questions, DiJulio noted that the City' s comments to the State in the matter of liquor licenses were solely advisory. The motion failed, with only White and Kelleher supporting it. LEAHY MOVED to adopt Consent Calendar Item 5D as submitted. Woods seconded and the motion carried, with White dissenting. Kaibara Park Contract. After advertising the Kaibara Park Project twice and receiving no bids, the Parks Department has negotiated a contract in the amount of $15, 502 with Nu Ventures. A $17,478 H & CD Block Grant is available for the project. WOODS MOVED that the Mayor be authorized to execute a contract in the amount of $15, 502 with Nu Ventures for construction of I'aibara Park. Leahy seconded. Motion carried. SENIOR Senior Center Project Management. AUTHORIZATION CENTER for the Mayor to execute a change order to the Matrix Management Group Contract for Jail Project Management, adding Senior Center Project Manage- ment Services in accordance with a proposal dated November 20 , 1984. LEAHY MOVED for authorization for the Mayor to sign the change order, Woods seconded. Motion carried. ECONOMIC City of Kent Economic Development Corporation - DEVELOPMENT Associated Grocers, Inc. ion. Associated Applicat CORPORATION Grocers, Inc. has applied for Industrial Development Bond financing through the City of Kent Economic Development Corporation. Federal Income Tax require- ments relating to the bond issue requires that a public hearing be held on the proposed issue of - 8 - December 3 , 1984 ECONOMIC Industrial Development Bonds. Public notice of DEVELOPMENT tonight ' s hearing has been given by the City Clerk. CORPORATION Mayor Pro Tem Johnson opened the public hearing. The Clerk noted that no correspondence has been received. LEAHY MOVED to close the public hearing. Kelleher seconded. Motion carried. The City Attorney has advised that no further action is required. City of Kent_ Economic Development Corporation - H & H Company (Continental Mills, Leasee) Appli- cation. H & H Company (Continental Mills, Leasee) has applied for Industrial Development Bond financ- ing through the City of Kent Economic Development Corporation. Federal Income Tax requirements re- lating to the bond issue require that a public hearing be held on the proposed issue of Industrial Development Bonds. Public notice of tonight' s hearing has been given by the City Clerk. Mayor Pro Tem Johnson opened the public hearing. The Clerk noted that no correspondence has been re- ceived. KELLEHER MOVED to close the public hearing, White seconded. Motion carried. The City Attorney has advised that no further action is required. ALLEY (CONSENT CALENDAR ITEM 5F) VACATION Vacation of .Alley. ADOPTION of Resolution 1039 setting a public hearing date for January 7 , 1985, to consider vacation of a portion of an alley located south of Willis Street between South Central and South Bridges. (This was discussed in conjunction with the Seven-Eleven rezone) . PRELIMINARY (CONSENT CALENDAR 5K) PLAT Kent 241 Div. 2 Preliminary Plat No. SU-84-1 (The Lakes) . APPROVAL of setting the date of December 17, 1984 for a public meeting to consider the Kent 241 Division 2 Preliminary Plat. The Hearing Examiner has recommended approval with conditions. SOLAR (CONSENT CALENDAR ITEM 5P) ACCESS Solar Access Program. SETTING the dates of December 10, 1984 for a Council workshop and December 17 , 1984 for a public hearing for the City Council to consider the recommendations by the Planning Commission to amend applicable sections of the Kent Zoning Code and the Kent Subdivision Code relating to preservation and protection of solar energy access. 9 - December 3 , 1984 COMPREHENSIVE (CONSENT CALENDAR ITEM 50) PLAN/ZONING East Hill Commercial Planning and Zoning Amend- X114ENDMENTS ments. ADOPTION of Resolution 1040: A Resolution of the City Council of the City of Kent, Washington amending the City' s Comprehensive Plan, East Hill Plan Component, by redesianatino certain areas Com munity Commercial and Office, amending the Trans- portation Element of the East Hill Plan, deleting Policy 8 of the Public Facilities Element of the East Hill Plan, and directing the Planning Com- mission to conduct further studies relative to commercial designations within the East Hill Plan. and ADOPTION of Ordinance No. 2513 : An Ordinance of the Citv of Kent, Washington, relating to planning and property, rezoning with conditions, various parcels of property on Kent' s East Hill, located generally in the area bounded by S.E. - 232nd Street on the north, S.E. 248th Street on the south, 98th Avenue S. on the west, and 112th Avenue S.E. on the east (East Hill Zoning) . Both in accordance with City Council approval of East Hill Commercial Comprehensive Plan and Zoning Amendments on November 19 , 1984 . REZONE Randall Rezone Ordinance (RZ-80-3) . This rezone was conditionally approved by Council motion on September 2, 1980. The Planning Department has advised that the conditions necessary for the rezone have been met. The Citv Attorney has prepared Ordinance 2516 , an Ordinance of the City of Kent, Washington, relating to planning and property; rezoning, with conditions, approximately 2. 0 acres located north of South 260th Street and west of 101st Avenue S.E. from CC, Community Commercial to MR-M, Medium Density Multifamily Residential. (Robert Randall Rezone/ RZ-80-3) . KELLEHER MOVED to adopt Ordinance 2516 , Biteman seconded. Motion carried. - 10 - December 3 , 1984 ZONING Agricultural - General Zoning Amendment. On AMENDMENT August 6 , 1984 the City Council passed a motion to hold a public hearing to consider proposed A-G (Agricultural-General) zoning for certain properties located north of S. 277th Street, west of the Valley Freeway (SR 167) and east of the Test Valley Highway and Kent City Limits. The Planning Department has completed the environ- mental review of the proposal and has properly notified all affected properties. The proposal was discussed at the November 26 , 1984 City Council workshop. Satterstrom reviewed the motion of the Council at the August 6 meeting and also noted that the Council directed the accomplishment of four other items. He referred to these items as follows: 1) Directed staff to prepare an A-G (Agricultural- General) zoning district. He noted that the language to the purpose statement was offered by the City Council at that time, and that the A-G zone prepared by staff and included in the Council ' s reuort as Appendix B reflects the intent of the City Council. 2) Council requested that an environmental. review be accomplished and completed on the proposed A-G zone. Satterstrom noted that the review has been conducted and a Declaration of Non- Significance was issued on November 8 . 3) Public notice was given to all of the affected property owners in the area. 4) Planning Department and Planning Commission were directed to prepare and make recommenda- tions to the Council on compensation proposals. Satterstrom noted that this was also accomplished and the recommendations of the Planning Com- mission were discussed at the workshop last week. Satterstrom went on the exulain that the proposed A-G zone contained in Appendix A affected approxi- mately 150 acres , noting that it was located in the - 11 - December 3 , 1984 ZONING extreme southern part of the City down to S. 277th AMENDMENT Street and involved all or part of 47 properties. He pointed out that the existina zoning in the area was R-A or M-A, with approximately 130 acres being zoned M-A, and approximately 20 acres zoned R-A at the present time. Referring to the land use in the area, Satterstrom noted that 58 acres are vacant at the present time, 52 are in some sort of agricultural use, 29 in a category termed Rural Residential and about 12 acres are Urban. Satterstrom clarified that the difference between the A-G district and the M-A zoning is contained in the purpose statement, with the uses in the existing M-A zoninc- being retained through the proposed A-G zoning. Satterstrom further clarified that the existing M-A zone is an interim type of zoning which indicates a transition toward more urban development in the future, while the intent of the proposed A-G zone is to take a pro-active posture with respect to agriculture and remove that sort of interim connotation with existing uses and regulations remaining the same. The public hearing was opened by Mayor Pro Tem Johnson. The Clerk noted receipt of a letter from Mary Williams. [GOODS MOVED to make the letter part of the record, Biteman seconded. Motion carried. Ray Schaapue of 26504 West Valley Highway, noted that he was new to the area and asked that the background be clarified for him again. Satterstrom reveiwed the difference between the existing zoning and the proposed A-G zone and noted that in the existing M-A zone only agricultural uses, very low density residential uses and industrial uses directly related to an agricultural process, such as a cannery, are permitted. Ile further noted that the proposal for A-G zoning does not change the allowed uses nor does it propose to change any of the use regulations such as setbacks or height limits, etc. The difference is in the purpose statement, to encourage farming activities in the area and the long-term production of agri- culture and agricultural related industries, rather than purporting to be a. holding zone for urban development. 12 - December 3 , 1984 ZONING John P. Demarco, 6323 121st Avenue S.E. , Bellevue, AMENDMENT noted that his family owned a 3z acre parcel of land which had also been under discussion last year. He suggested that A-G zone was the same as A-1 zoning. Mr. Demarco noted that the people in the A-1 designation expected to receive com- pensation from King County under the Farmlands Preservation Bill, but cTuestioned if it was correct that the people added to the A-G zoning would not be compensated unless this was done by the City of Kent. Mr. DeMarco also noted that M-A zoning was intended to be interim zoning and it was the understanding of the property owners that when sewers were put in place, the areas in question could be used for higher and better development than one house per acre or for farmlands. Johnson suggested that the purpose of the meeting tonight was not to consider the issue of compensa- tion, but rather to contend with the zoning of the lands. Mr . De"4arco again referred to the hearings last year and noted that at that time they were not interested in being part of an A-1 zone because the compensation offered by King County was not deemed adequate, based on the holding time already in effect. He suggested that the decision to oppose the proposed A-G zoning would be base' on what the proposed com- pensation would be . Harris explained that the hearing before the Council at this time had nothing to do with compensation but rather was being held at the request of the Council for staff to come back with the proposal regarding the A-G zoning and to take testimony to determine if the Council concurs with the staff recommendations. He clarified that the issue of compensation was not advertised as part of the public hearing toniqht nor o,,as it intended to be part of the hearing. Mr. Demarco said that it had been mentioned that the compensation issue was discussed at a workshop, and concluded, therefor(- , that it. mus be part of this hearin.q . Harris clarified again that the staff ' s directions were coming from. the 13 - December 3 , 1984 ZONING Council with regard to the A-G proposal . John- AMENDMENT son also noted that while the Council was con- siderinq_ the compensation issue it 1raas not a part of this public hearing. At the request of arris, Satterstrom noted that A-1 and A-G zones are not the same and R-A and M-A were not the same. He explained that A-1 was basically R-A with a different purpose statement and the pro- posed A-G zone is essentially M-A with a different purpose statement. He noted that the M-A zone allows certain industrial uses that are directly related to agr ict�lture and t1 fc-,r er R-A, mho existing A-1 zone, Noes not. . . it only allows low-density residential. Satterstrom reiterated that the hearing was not on the issue of agri- cultural compensations. He noted that staff had prepared a report which had been reviewed by the Planning Commission and that it proposes certain things to be done to try to offset any impact, physical or otherwise, which might result from rezoning to A-1 or to any other zoning designation. Satterstrom further clarified that the compensation was to be in the form of regulatory measures, either deregulating A-1 or A-G zoned lands , or allowing certain provisions in development pro- posals and that it was not financial compensation. He noted that if the staff was directed to pre- pare any amendments to the existing regulations then it would become a part of this hearing at some point or a part of the Council ' s proposal. Bob Hogan_, P4yers Group, 2600 Westin Building, Seattle, 98122 , noted that Myers Group owned approximately 40 acres known as Kent Land Investors in the corridor being considered. He noted that he had been in attendance at the August 6 meeting with regard to the change of R-A zoning to A-1 zoning , and asked that the documents submitted at that meeting be made part of this hearing, noting a letter from the attorneys for the company summarizing the history of the property and refer- ring to its lack of suitability for agricultural uses. He also asked that the Planning Commission recommendations from the earliest stages of the City' s agricultural preservation program be made - 14 - December 3 , 1984 I ZONING a part of the record. He noted that at that AMENDMENTS time the hearings had excluded the area under consideration tonight but that the area was later included by the City Council. He asked that all information be reviewed when making the decision. Hogan also noted that a Declaration of Non- Significance had been issued, rather than an Environmental Impact Statement, stating that a full EIS would have given the property owners an opportunity to make further presentations regarding the environmental assessment process. Satterstrom responded to his question by noting that a letter from the County was on file regarding the A-1 zoning issue which stated that the County does not consider the zoning when consider- ing eligibility for the agricultural preservation program. WOODS MOVED to make the letters and reports requested by Mr. Hogan part of the record, Bailey seconded. Motion carried. Joel Haggard, Suite 17 , 10720 Olive Way, Seattle, Washington, noted that he was attorney for the Myers Group and also represented the property owner immediately south of the Myers Group, containing the bulk of the current undeveloped land in the proposed AG area. He noted that he had received from his clients copies of a series of memos and intended to raise concerns or offer suggestions with regard to a number of issues. He referred to a memorandum from the Kent Planning Department dated November 21, 1984 and another one dated November 16, 1984 , the City of Kent' s Deter- mination of Non-Signicance and the notice from the City indicating that the purpose of the public hearing tonight was to rezone certain properties. Haggard expressed concern that the topic of com- pensation could not be discussed or anything else that relates to zoning when the proposed action before the Council tonight is zoning and the Planning Department memos refer to compensation. He also referred to Satterstrom' s statement that the Planning Department was there because the Council had asked them to be in attendance to discuss four things and noted a request to zone 15 - December 3 , 1984 ZONING specific parcels of property was not included. AMENDMENTS He suggested that compensation was an appropriate subject to be discussed. He also suggested that nobody attending the August 6 meeting would have known except for the notices that came out that the Council wanted to rezone particular parcels of property. He expressed some concern about the haste involved and suggested that it might be more appropriate to spend more time on this issue. Haggard referred to Satterstrom' s statement that there was really no difference between the M-A and the A-G except for the purpose statement. He suggested that if this was true there were problems because there were some developed parcels in the area, including the State Depart- ment of Transportation, as well as some residences. He suggested that the Department of Transportation Building would be rendered a non-conforming use and would not be allowed to expand. He questioned where this .fact was addressed in the Non-Signifi- cance Statement. Iie asked what the difference was between constructing a building to be used for an agricultural type processing facility and some other type of appropriate industrial activity, such as high-tech or some type of manufacturing. He suggested that the only difference seemed to be that agricultural processing industries use substantial volumes of water and suggested that the DNS totally ignores that fact. He noted that although the report refers to utilities currently available, water is not currently available to his clients ' property. He also noted that the DNS stated that agricultural development of the pro- perty would require sanitary sewers and improved water services but that no difference is expected for the demand for such utility extensions under current or proposed zoning. Haggard suggested that if the DNS had been circulated, and comments invited , this discrepancy could have been brought to the attention of the Council . He noted that while it was necessary to invite public comments for an EIS , this was not necessarily true for a DNS, however, he maintained that the purpose of 16 - December 3 , 1984 ZONING the State Environmental Protection Agency was to AMENDMENTS have full disclosure and to provide for a process of discussion and input. Haggard suggested that it would be appropriate for a public process to involve the property owners and staff to get the correct facts on the impact on the properties. Haggard further noted that the Kent Planning Department memo of November 21 , 1984 stated on page 2 that "surface water drainage problems impair the area ' s potential for agricultural production. " Haggard suggested that the staff was telling the City what the record had stated for four years. . .that this might not be the best land for agricultural production. He opined that, instead, the staff was suggesting that the land could provide agricultural facilities where they process agricutural products. Haggard again re- ferred to Appendix A to the Planning staff report, noting that it stated the purpose of the A-G zone and what could be done in that area. He- noted that he was not arguing whether there should be an A-G classification in the Code nor was he arguing whether the City should have a zoning classification that requires that the land be kept in agricultural use. He stated that his questions related to the fact that the Council in its directions to the staff did not ask for the zoning of these parcels of property to A-G. He asked for a clarification on the fundamental difference between the two types of manufacturing facilities . He stated that the question was whether these properties should be zoned A-G and that the Council needed more information, including_ whether there should be compensation, monetary or otherwise. He questioned the lack of a full EIS, when one was done previously for the other properties at the time of the August 6 meeting. He noted that he had pointed out incon- sistencies in the DNS. He requested that the Council consider all of the information, input and policy decisions , before deciding to zone the properties in question. Satterstrom responded by noting that in the interest of being brief he had probably committed an error by not saying that the Council did direct what area 17 - I December 3, 1984 ZONING was to be proposed for agricultural and that it AMENDMENTS was part of the Council ' s directive. Referring to the Department of Transportation Building, he noted that the facility was not now non-conform- ing, that it had been built under MA zoning and that it would not be non-conforming under A-G. Responding to the difference between M-A and A-G, allowing agricultural industry in an M-A zone, he suggested that they should debate the merits of the existing_ PI-A, not the merits of the proposed A-G. He noted that the M-A zoning was created several years ago as a holding zone to encourage agricultural uses, or at least not discourage them, and it was also to allow certain agricultural related industrial uses until such time as it might be converted to urban uses. He pointed out that land use configuration would still be allowed in the proposed A-G zone. Satterstrom then pointed out that non-agricultural types of industry would not be permitted, either in the M-A zone or in the proposed A-G zone. He reminded the Council that King County has purchased over a square mile of development rights right across the street from the area being discussed tonight. He noted that staff was assuming there might be a need in the future for this type of industry directly related to agriculture. Bailey questioned the difference between an agri- cultural processing plant and a high-tech industry. Satterstrom responded by noting that the environ- mental impacts of an agricultural industry and of a light manufacturing industry might be quite similar , but that one is supportive of the area in which it is located and one is not. Jack Allbritton, 1627 Eastlake Avenue S. , Suite 300, Seattle, Washington, owner of a small parcel in the area, concurred with comments made by Joel Haggard and noted that Michael Carpinito also agreed. He noted that he was not aware of any workshop and that he had received. notice of this meeting only. He suggested that the meeting was scheduled in haste. He referred to statements by Satterstrom 18 - December 3 , 1984 ZONING indicating that all the area is agricultural and AMENDMENTS not being used for any form of manufacturing.. He noted that the reason the area was mostly pasture land is because it is now in holding pattern . He also indicated that there were many owners who would like to proceed with some- thing that would be more of an intensive use of the land. He concluded that many industries locating in this area were overlooking Kent and suggested that Kent would be a good place for some of the high-tech industries . There were no further comments and WOODS MOVED to close the public hearing. Biteman seconded. Motion carried . Bailey referred to discussions over the Urbana rezone several years ago which covered much of the same area. He noted that it was his under- standing that the rezone was denied because of the lack of utilities in the area , and that there was a split vote at the time regarding the rezoning of the Urbana properties for industrial uses. He suggested that at this time approximately the same argument was before the Council and maintained that there was insufficient reason for proceeding under the A-G classification. Bailey also noted that when the Council adopted the Farmland Preser- vation Act of Kent , staff and the Planning Commis- sion were directed to consider compensation. Referring to the document furnished to the Council at this meeting , he noted that there was a reference to compensation but there was nothing in the pro- posal that indicates how that compensation issue will be addressed , whether in land or in rights that would be granted under certain circumstances. He also noted that there was nothing in the report that satisfied his concerns about A-G and M-A zoning being the same. Bailey also expressed concerns about the inconsistencies in the Declara- tion of Non-Significance. He suggested that the action contemplated was of significance to the property owners . Bailey also indicated that three years ago it had been determined that land in that area was not necessarily suitable for agricultural 19 - December 3 , 1984 ZONING uses on a large scale basis. He noted that it AMENDMENTS was his belief that if the Council moved in the way the matter was presented tonight, in the future the Council ' s actions might be considered capricious and he suggested that the matter should be returned to staff and possibly the Council should sit down with the property owners involved and give them an opportunity to make known their particular feelings on the matter. Leahy directed questions to Satterstrom, noting that he had a number of concern= and referred to Mr. Haggard' s statement that an EIS was done for the lands formerly considered for agricultural use and yet was not deemed necessary for the parcels being considered at this meeting. Satterstrom noted that the EIS was prepared for the four zoning alternatives that affected the west and south sides and involved 560 acres of formerly R-A and MRM zoned land. The area under consideration at this meeting was not part of that EIS, and the area was approximately 1/4 the size of the area con- sidered previously. He also noted that the present area was better defined in terms of a single action rezoning from M-A to A-G. Satterstrom also pointed out that the decision of whether or not an EIS is required is a procedural process whereby an environmental checklist is completed and the responsible official then decides whether there are significant adverse environmental impacts to necessitate an EIS. In the case in question, the official decided that the anticipated environmental impact was not great enough to warrant a full EIS. Leahy commented that some of the questions that had been raised had merit and suggested that for the benefit of the audience and the Council the questions should be reviewed. He referred to comments about the Council ' s directions to staff with regard to specific parcels of property in the study area and questioned how the area was defined. Leahy questioned the rationale for designating the particular area and Satterstrom noted that previous to that time, under the comprehensive plan amendment, the Council had added the area to its comprehensive plan designation of agriculture and the next step was to propose the implementation of zoning for that area. 20 - December 3 , 1984 ZONING Kelleher stated that the rationale for including AMENDMENTS that particular area of land was that this was the portion of land which had been recommended by staff in their Alternative No. 3 for preserva- tion in agricultural use and which the Planning Commission had decided that they did not want to include. White noted that he had several questions also and suggested that the meeting should be continued to allow time for discussing the matter with staff. WHITE MOVED to continue the public hearing to January 7 , 1985 , Kelleher seconded. BAILEY MOVED to amend the motion to direct members of the Council to submit written questions to the staff, so that staff may be properly prepared at that time to reply. Woods seconded. The amendment carried. The motion as amended carried. BUDGET 1985 Budget Ordinance . A public hearing on the 1985 City Budget, including Federal Shared Revenue Funds , was conducted at the November 19 regular Council meeting. The Council then met in workshop on November 20 and 26 to finalize the Budget. The Budget changes are reflected in the Budget Ordinance. KELLEHER MOVED to adopt Ordinance_251_4 adopting the City' s 1.985 Budget, including the reduction of the utility tax from 2 . 5% to 2 . 0% on City operated utilities. Woods seconded . BAILEY MOVED to amend the motion to include directing the staff to present a proposal for a further reduction in the second quarter of 1985 . Biteman seconded the amendment. It was determined that Bailey' s amendment would not actually become a part of the ordinance and it was further clarified that an amount was not specified for the further reduction proposal . Bailey' s amendment carried. LEAHY THEN MOVED to further amend the motion to delete Section 3 of the Ordinance, pertaining to wage adjustments. Woods seconded and Leahy explained that he wished to abstain from voting on this portion, since his wife was a City employee. Leahy ' s amendment carried, and the main motion, as amended, carried. WHITE MOVED to adopt Ordinance 2515, providing for wage adjustments for 1985 for nonrepresented City employees . Bailey seconded and the motion carried, with Leahy abstaining. - 21 - December 3 , 1984 FINANCE (CONSENT CALENDAR ITEM 5B) Approval of Bills. APPROVAL of payment of the bills received through December 4 , 1984 , after auditing by the Finance Committee at its meeting at 4 : 00 p.m. on December 14 . (CONSENT CALENDAR ITEM. 5J) Accounts Receivable Write Offs. AUTHORIZATION to write off $23 , 868 . 85 in outstanding accounts receivable for financial statement purposes and to transfer the accounts to the City Attorney for possible legal action. Over $15 ,000 repre- sents outstanding utility accounts from 1974 and over $4 , 800 represents nuisance cleanup charges . The State Auditor ' s Office, the City Attorney and the Finance Committee concur with this action. LID 283 Segregation Request. The Public Works Department has rece d a segregation request for Assessment No. 1 of LID 283. The Property Manager has verified the request and all fees have been paid. It is recommended that the request be approved. KFLLEHER MOVED that the segregation request for Assessment No. 1 of LID 283 be approved and the City Attorney directed to prepare the resolution, [Moods seconded. Motion carried. Special Council Meeting for December 10, 1984 at 6 : 30 p.m. AUTHORIZATION to set December 10, 1984 at 6 : 30 p.m. for a special Council meeting for the purpose of considering the offer of Shearson Lehman/American Express Inc. , Foster and Marshall Division to purchase bonds for LID 283, and to consider adopting the Bond Ordinance and to take such other action necessary concerning LID 283 . COUNCIL Parks Committee. Bailev announced a meeting of COMMITTEES the Parks Committee at 2 : 00 p.m. on December 13 . Public Safety Committee. Biteman noted that the Public Safety Committee would meet at 4 :00 p.m. on December 4 . - 22 - December 3, 1984 I COUNCIL Suburban Mayors Association. Cushing noted that COMMITTEES the Suburbaii Mayors Association would meet on Wednesday, December 5 at 6: 30 p.m. at Hotspurs in Kent. A[-,TC Legislator's Dinner. Cushing reminded the Council of the AWC dinner for local legislators to be held on Thursday, December 6 at 6: 00 p.m. at the Turtle Too in Auburn. ADJOURNMENT WHITE MOVED that the meeting be adjourned at 9: 50 p.m. , Woods seconded. Motion carried. Marie Jensen, CMC City Clerk 23 -