Loading...
HomeMy WebLinkAboutCity Council Meeting - Council - Agenda - 10/06/1992 City of Kent City Cou nci l Meeti ng Ag �ena CITY OF T Mayor Dan Kelleher Council Members Judy Woods, President Jim Bennett Paul Mann Christi Houser Leona Orr Jon Johnson Jim White October 6, 1992 Office of the City Clerk .... ........ CITY OF SUMMARY AGENDA KENT CITY COUNCIL MEETING October 6 , 1992 Council Chambers ��IICC'II� 7 : 00 p.m. MAYOR: Dan Kelleher COUNCILMEMBERS: Judy Woods, President Jim Bennett Christi Houser Jon Johnson Paul Mann Leona Orr Jim White CALL TO ORDER ROLL CALL 1. ,PUBLIC COMMUNICATIONS A. Employee of the Month Vt. Proclamation - Marvin Eckfeldt Day 2 . PUBLIC HEARINGS A. 1993 Budget 3 . CONSENT CALENDAR /A. Minutes 'B. Bills ./C. Washington State Traffic Safety Commission Grant- Acceptance ✓D. South County Area Transportation Board - Resolution 1 •/E. SERA Ordinance F. Interurban Trail Bridge - Acceptance 4 . OTHER BUSINESS A. Critical Areas Regulations BIDS None None l J z CONTINUED COMMUNICATIONS 6. i F7 . ;/REPORTS 8 . /ADJOURNMENT NOTE: A copy of the full agenda packet is available in the City Clerk ' s Office and the Kent Library. An explanation of the agenda format is given on the back of this page. �� . 0-el PUBLIC COMMUNICATIONS Citizens wishing to address the Council will, at this time, make known the subject of interest, so all may be properly heard. A) Employee of the Month B) Proclamation - Marvin Eckfeldt Day Kent City Council Meeting Date October 6, 1992 Category Public Hearings 1. SUBJECT: PUBLIC HEARING ON PROPOSED 1993 BUDGET 2 . SUMMARY STATEMENT: This date has been established to receive public input for the 1993 City of Kent budget. Following receipt of public input, the Mayor will finalize the preliminary budget for presentation to the Council on October 20. The final budget is scheduled for adoption on November 17 after another public hearing on November 3 . 3 . EXHIBITS• 4 . RECOMMENDED BY: (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO_ YES FISCAL/PERSONNEL NOTE: Recommended Not Recommended 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: OPEN HEARING: PUBLIC INPUT: CLOSE HEARING: In 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION• ACTION: Council Agenda Item No. 2A MCCARTHY,TONY / KENT70/FN - HPDesk print. ----------------------------------------- ject: 1993 BUDGET BALANCING Creator: Tony MCCARTHY / KENT70/FN Dated: 10/02/92 at 0937 . TO: COUNCIL PRESIDENT WOODS AND COUNCIL MEMBERS FROM: TONY MCCARTHY, ACTING CHIEF ADMINISTRATIVE OFFICER THE ATTACHED INFORMATION SHOWS THE MAYOR'S ORIGINAL BUDGET BALANCING PROPOSAL COMPARED WITH HIS REVISED BUDGET PROPOSAL MODIFIED BASED ON INPUT FROM COUNCIL MEMBERS. THIS BALANCING PROPOSAL POSSIBLY ADJUSTED BY INPUT AT TONIGHTS MEETING WILL BECOME THE 1993 PRELIMINARY BUDGET THAT WILL BE PRESENTED ON OCTOBER 20TH. AFTER THAT MEETING THE COUNCIL AND IN PARTICULAR THEIR BUDGET COMMITTEE WILL REVIEW THE BUDGET IN DETAIL AND DEVELOP ANY RECOMMENDATIONS FOR THE 1993 FINAL BUDGET SCHEDULED FOR ADOPTION ON NOVEMBER 17TH. ANOTHER PUBLIC HEARING IS SCHEDULED FOR NOVEMBER 3RD. 1993 BUDGET GENERAL FUND BALANCING ORIGINAL REVISED RECOMMENDS RECOMMENDS PERMANENT NO PERSONNEL COST REDUCTION PROPOSALS Cuts Proposed By Departments 121,985 121,985 Cuts In Printing, Postage, Promotion & Photocopy Cityline 48,694 48,694 Other Printing & Graphics 222,741 I 20,301 Other Postage 93,978 I- 429,607 8,539 Photocopy 112,888 I 30% Cut In Travel, Training & Subsistence 50,640 50,640 2 Positions To Grant Funding & Eliminate Vacated 98,659 98,659 Cut Street Overlay Program Currently @ 236,041 100,000 Reduce Equipment Rental Rates Admin - 10 Vehicles And 15% 115,000 White - 25 Vehicles Johnson - 20 Vehicles And 15% Revised - 20 Vehicles And 20% 148,338 PERMANENT REVENUE ENHANCEMENT PROPOSALS Collect Utility Taxes Monthly 9,000 9,000 Increase Saturday Market Revenue 18,000 18,000 Increase Out Of City Recreation Fees Increase Fees By 10% With 5% Rebate In City 110,377 Increase Out Of City Fees By 30% Increase Fees By 20% With 10% Rebate In City 220,754 Increase Plumbing Permit Fees 37,000 37,000 Increase Street Cut Permits 26,250 26,250 Increase Business License Fee From $50 To $60 20,000 20,000 Increase Miscellaneous Planning Charges 3,760 3,760 Increase Public Works Plan Check Fees PERSONNEL ADJUSTMENTS Decrease Cola & Benefit Assumption - 3.6 To 1.8 460,000 460,000 Eliminate Department Head Merit Increases Freeze 1992 Step Increases Eliminate Management Benefit Program Eliminate Dependent Coverage For Parttime Employees 46,592 Other Adjustment (85,936) Reduce The Number Of City Staff Layoff 11 FTE's 540,229 466,944 Eliminate City Administrator Position 105,964 Add Chief Administrative Officer (88,815) Layoff 25.5 FTE's, Net Of 11, 1.5 In CE Executive/Admin 2.5 - 1.5 = 1 Finance/Public Bldgs 3 = 3 Planning 3 - 1.5 = 1.5 Public Works 9 - 1 = 8 Parks 8 - 4 = 4 Layoff 12 Add'l Positions To Be Determined By DH's Eliminate 1.5 Community Events Positions With Function Performed By Existing Parks Personnel Eliminate Park Security Program ( .5 FTE) 30,185 --------- --------- TOTAL 1,710,900 1,766,854 ONE TIME ONLY SAVINGS Sell Fire Truck As Proposed By Fire Dept 25,000 25,000 Promote Use Of Voluntary LWOP Transfer Funds From Completed Or Abandoned Projects 85,783 78,949 Transfer Funds From Water For Lost Utility Tax 122,170 Transfer Funds From Sewerage For Lost Utility Tax 204,165 Initiate Ballot Proposal For Library 292,874 292,874 ----------- ----------- 403,657 723,158 BEGINNING RESERVED FUND BALANCE (CONTINGENCY FUND) 500,000 500,000 ENDING RESERVED FUND BALANCE (CONTINGENCY FUND) 903,657 1,223,158 INCREASE CONTINGENCY TO 10% OF EXPENDITURES, 1% PER YEAR = APPROXIMATELY 330,000 IN 1993 c:\users\cliff\altprop CONSENT CALENDAR 43 . City Council Action: (� Councilmember ' moves, Councilmember_��v� — seconds that Consent Calendar Items A through F be approved. Discussion Action hA. Approval of Minutes. Approval of the minutes of the regular Council meeting of September 15, 1992 .^3B. Approval of Bills. Approval of payment of the bills received through September 30 after auditing by the Operations Committee at its meeting at 3 : 00 p.m. on October 61 1992 . Approval of checks issued for vouchers: Date Check Numbers Amount Approval of checks issued for payroll: Date Check Numbers Amount Council Agenda Item No. 3 A B Kent, Washington September 15, 1992 Regular meeting of the Kent City Council was called to order at 7 : 00 p.m. by Mayor Kelleher. Present: Councilmembers Bennett, Houser, Johnson, Mann, Orr, White and Woods, Acting Chief Admin- istrative Officer/Finance Director McCarthy, City Attorney Lubovich, Planning Director Harris, Public Works Director Wickstrom, Fire Chief Angelo, Police Chief Crawford, Human Resources Director Olson and Information Services Director Spang. Parks Director Wilson was not in attendance at the meeting. Approximately 50 people were at the meeting. PUBLIC Constitution Week. Mayor Kelleher read a procla- COMMUNICATION mation declaring the week of September 17-23 , 1992 , as Constitution Week in the City of Kent and urged citizens to reflect on the many benefits of our Federal Constitution and American citizenship. Day of Concern for the Hungry. Mayor Kelleher read a proclamation declaring October 1, 1992 , as a Day of Concern for the Hungry and urged all citizens to join with the Seattle Emergency Feeding Program to help feed those who are hungry. The Mayor noted a representative from the Emer- gency Feeding Program was present at tonight' s meeting and asked him to tell a little about the program. Arthur Lee, Executive Director of the Seattle Emergency Feeding Program, expressed appreciation to the City of Kent for their support on behalf of other feeding programs not just in Seattle but all of King County. He noted that on October ist from 11: 00 a.m. to 7 : 00 p.m. food containers will be placed at the Benson Safeway and the two Johnny' s Food Marts for collection and citizens will be given information concerning nutritionally balanced foods. He again thanked the Council for their support through the grant process and funds. Mayor Kelleher then presented the proclamation to Mr. Lee. Harold Vickrey Day. Mayor Kelleher read a procla- mation declaring September 15, 1992 , as Harold Vickrey Day in the City of Kent and urged citi- zens to join in thanking Mr. Vickrey and his family for all of their contributions to our community and in wishing Harold all the best in his retirement. The Mayor noted that Harold is one of the most veteran businessmen in the City and many citizens have warm memories of him. Mr. Vickrey noted that he has deep roots here as his 1 September 15, 1992 PUBLIC Great Grandfather was Sheriff when the City was COMMUNICATION Titusville; his Grandfather owned a horseshoe store where Dragness Office Supplies is now located and was later hired by the City of Kent as the first street sweeper. The Mayor then presented Mr. Vickrey with the proclamation. Bu_ud e_t_ Bill Doolittle noted that in the 1992 Budget, Council authorized $457 , 000 for a City Hall Remodel . He requested that the budget be amended to remove those funds, in light of the present budget situation. Layoff Policy. Bill Doolittle noted that a lay off policy was recently used to lay off several people, and that the policy has since been changed. He pointed out that the only form of appeal for those individuals was to a person who was under a no-confidence blanket at the time. He pointed out that a lot of people who had years of experience with the City were lost and requested that in fairness to these people and the City, they be given another opportunity to appeal because of the circumstances at the time of the lay offs. Saturday Market. Dr. George Mast, Chairman of the Advisory Board of the Kent Saturday Market, informed the Council that there are a lot of citi- zens and vendors who are concerned about the future of the Saturday Market, and that they will be back to Council to show their support at a later date. CONSENT WOODS MOVED that Consent Calendar Items A through CALENDAR J be approved, with the exception of Items E & F which were removed by Councilmember Orr. Johnson seconded and the motion carried. 2 September 15, 1992 CONSENT (CONSENT CALENDAR - ITEM 3K) CALENDAR REMOVED BY CITY ATTORNEY LUBOVICH Release of Interest in Tract X King County Short Plat. City Attorney Lubovich explained that this item does not need to come before the Council and asked that it be removed from the agenda. There was no objection from the Council and the item was removed. MINUTES (CONSENT CALENDAR - ITEM 3A) Approval of Minutes. Approval of the minutes of the regular Council meeting of September 1, 1992 . HEALTH & (CONSENT CALENDAR - ITEM 3H) SANITATION Parkview Townhomes. ACCEPTANCE of the bill of sale and warranty agreement submitted by Parkview Townhomes for continuous operation and maintenance of approximately 550 feet of water main extension, 550 feet of sanitary sewer extension, 570 feet of street improvements and 44 feet of storm sewer improvements constructed in the vicinity of 100th Avenue SE and South 234th and release of bonds after expiration of the maintenance period, as recommended by the Public Works Committee. (CONSENT CALENDAR - ITEM 3I) Fisher Industrial Park Expansion. ACCEPTANCE of the bill of sale and warranty agreement submitted by Fisher Properties, Inc. for continuous opera- tion and maintenance of approximately 606 feet of street improvements and 255 feet of storm sewer improvements constructed in the vicinity of South 224th and 83rd Avenue South and release of bonds after expiration of the maintenance period, as recommended by the Public Works Committee. STREET (CONSENT CALENDAR - ITEM 3D) VACATION Pioneer and Kennebeck Streets. ADOPTION of Resolution No. 1324 setting October 20 as the date for a public hearing on a request by Kent Junior High to vacate portions of Pioneer and Kennebeck Streets to facilitate the construction of a new parking lot. Although the Public Works Committee approved a hearing date of October 6, the Planning Director has requested that it be held on October 20 . 3 September 15 , 1992 PUBLIC (CONSENT CALENDAR - ITEM 3G) WORKS Interlocal Agreement - City of Des Moines Sidewalk Construction. AUTHORIZATION for the Mayor to sign an interlocal agreement with the City of Des Moines for construction of approximately 330 ' of sidewalk on South 240th, as recommended by the Public Works Committee. PROPERTY (CONSENT CALENDAR - ITEM 3J) ACQUISITION 72nd and 196th - Lindal Property. AUTHORIZATION for the Public Works Department to proceed with acquisition of property at 72nd/196th and to transfer $175, 000 from the East Valley Highway Improvement Project to this project fund, as recommended by the Public Works Committee. COMMUNITY (PUBLIC HEARINGS - ITEM 2A) DEVELOPMENT 1993 Community Development Block Grant (CDBG) Pro- BLOCK GRANT gram. This public hearing will consider adoption PROGRAM of the 1993 Community Development Block Grant Pro- gram, as recommended by the City Council ' s Plan- ning Committee. Lin Ball explained that the Plan- ning Commission reviewed and approved this program on September 1st, and that later staff became aware of the need to make some changes in the Human Services portion of the program. She said that the Planning Committee had reviewed those changes today and that the Human Services Commis- sion has also approved the revisions. Ball explained that the first change is necessary because of a County requirement to establish a contingency plan and the other changes are due to an error which would have resulted in allocating more money than requested to one of the human ser- vices agencies . She distributed copies of the correct funding levels, noting that the Community Health Center was revised to $16, 300, and that the YWCA Domestic Violence Project was increased by $1100. Ball noted that the program level for 1993 totals $279, 509 , which is an increase of approximately $30, 000 over last year. She recommended funding the Archdiocesan Housing Authority-Housing for Homeless Men, the City of Kent Housing Repair Ser- vices Program, the City of Kent Planning and Administration, Easter Seal Society of Washington- 4 September 15, 1992 COMMUNITY Access Modification Rehabilitation, Vision Special DEVELOPMENT Needs Housing-Acquisition of Houses, Community BLOCK GRANT Health Centers of King County-Kent Clinic, Emer- PROGRAM gency Feeding Program of Seattle-King County, and YWCA of Seattle-King County-Domestic Violence Housing. She noted that they are not recommending funding for Pregnancy Aid Shelter Program-Shelter Rehabilitation or South King County Multi-Service Center-Playground for Homeless Children. She noted that funding for the Vision Special Needs Housing would be used to purchase two four-bedroom homes to house individuals who are recovering from substance abuse. She explained that the program must be forwarded to King County by October 2 , 1992 , and urged the Council to approve it tonight. White asked whether the $13 , 830 recommended for the Vision Special Needs Housing is matching money and where the homes will be located. Ms. Ball explained that it will be matching money and that no site has been selected yet, although it will be in South King County. Alice Shobe of the Planning Department noted for White that the homes would be designated as family and that the location would depend on how the program is defined. White voiced concern about putting drug rehabilitation homes in neighborhoods. John Camerer, Executive Director and founder of Vision Special Needs Housing, explained that the people in the program would complete a treatment program prior to entering the program and would be involved in an outpatient program. He said they currently have homes in Maple Valley, Skyway and Everett and expect the home to be located in or near Kent. He informed the Council that this is the first funds they have received, and that the total need is $550, 000 . He noted for White that the other homes are located in single family, middle class neigh- borhoods, and explained that before they put a home in a neighborhood, they notify the residents of the area and meet with them if desired. He added that their homes are clean and organized and that they have always received a positive response from neighbors. He also noted that if any indi- vidual abuses the program, he is asked to leave within 24 hours, and that backgrounds are checked thoroughly before admission to the homes. 5 September 15, 1992 COMMUNITY Mayor Kelleher noted that since this is their DEVELOPMENT first piece of funding, it may be some time before BLOCK GRANT all funding is acquired and the program is ready PROGRAM to implement, and that if the City wanted to adopt different policies to restrict this type of use in a residential zone, there would be time to develop such legislation. Camerer agreed and stated that the project completion date is January, 1994 . Shobe explained that these funds are for acquisi- tion, and unless they have the complete funding package, they won't be able to use Kent' s funds to acquire the property. The Mayor opened the public hearing. Josephine Tamavo Murray, Director of the Archdiocesan Housing Authority, encouraged the Council ' s sup- port and noted that the funds would cover project costs that are not funded by Federal, County or State money they have already been awarded. Mariah Ybarra, Director of the South King County YWCA, thanked the Council for considering funding for the domestic violence program, and noted that this would be the first transitional housing for families outside of Seattle. Arthur Lee of the Emergency Feeding Program noted that more of the families they are feeding are two-parent families, which is due to the rise in unemployment in the area. He thanked the Council for their considera- tion. There were no further comments and WOODS MOVED to close the public hearing. Houser seconded and the motion carried. ORR MOVED to adopt the 1993 Community Development Block Grant Program including the contingency plan for estimated entitlement change, as recommended by the Planning Committee on September 15, 1992 . Woods seconded. White again expressed his concern over the possibility of placing drug rehabilita- tion homes in single family neighborhoods, and asked staff to help monitor the situation so that if this happens adequate notice is given. The motion then carried. 6 September 15, 1992 GROWTH (CONSENT CALENDAR - ITEM 3E) MANAGEMENT REMOVED BY COUNCILMEMBER ORR Growth Management Planning Goals. ADOPTION of Resolution No. 1325 approving and adopting Kent ' s proposed Growth Management Planning Goals, which are based on the planning goals contained in the Growth Management Act and County-wide Planning Policies as approved by the City Council on September 1, 1992 . Orr noted that in the last line of Policy PF-4, the word "shall" should be changed to "may" . She then MOVED to adopt Resolution No. 1325 with the one-word change to Policy PF-4 . Johnson seconded and the motion carried. (CONSENT CALENDAR - ITEM 3F) REMOVED BY COUNCILMEMBER ORR Urban Growth Areas. ADOPTION of a resolution accepting and adopting Alternative 3 for bound- aries of the Urban Growth area as approved by the City Council on September 1, 1992 . Orr explained that some issues were raised at the Planning Committee meeting today which they were unable to deal with, and asked that this item be referred back to the Planning Committee. There was no objection and it was so ordered. (OTHER BUSINESS - ITEM 4A) County-Wide Planning Policies. A resolution has been prepared ratifying the County-wide Planning Policies with the recommended suggestions or changes to the policies as approved by the City Council on September 1, 1992 . This item will be brought to the Planning Committee at their September 15 , 1992 meeting and any changes to the resolution will be reported at the September 15 City Council meeting. Councilmember Orr noted that there were no changes and the Planning Committee unanimously recommended approval of the resolution. She then MOVED for the adoption of Resolution No. 1326 ratifying the County-wide Planning Policies. Johnson seconded and the motion carried. 7 September 15, 1992 POLICE (CONSENT CALENDAR - ITEM 3C) Beer Institute Grant. ACCEPTANCE of a $5, 000 grant from the Beer Institute Community Assistance Fund and authorization for the Mayor to sign hold harmless publicity and tax identification forms. Funds are to be used to supplement costs asso- ciated with the annual Game of Life Youth Drug and Alcohol Awareness Conference. The $5, 000 grant is one-half of the amount requested. BUDGET (OTHER BUSINESS - ITEM 4B) Deletion of Vacant Positions. As requested by the City Council at their meetings of July 21 and August 18 , 1992 , an ordinance has been prepared to delete 28 . 25 vacant positions and the associated salary credits. The deletions do not include the recent laid off positions nor do they include non- general fund impact positions . In addition to deleting the positions, the ordinance provides a section related to retention of position titles to allow flexibility in implementing reorganizations or in filling more critical positions as future positions become vacant. WOODS MOVED for the adoption of Ordinance No. 3069 deleting 28 . 25 vacant City positions and the asso- ciated salary credits in the 1992 Budget. White seconded and the motion carried. (OTHER BUSINESS - ITEM 4C) ADDED BY COUNCILMEMBER WHITE Contingency Fund. White explained that two weeks ago the Council passed a resolution committing 1% of the budget to the Contingency Fund. He noted that there has been some confusion, and that the proposed resolution clarifies that it is the General Fund Contingency Account which shall be increased by one percent each year. He MOVED for the adoption of Resolution No. 1327 . Woods seconded and the motion carried. 8 September 15, 1992 BUDGET (OTHER BUSINESS - ITEM 4D) ADDED BY COUNCILMEMBER WOODS Budget Committee. Woods noted that several councilmembers had recommended at the first budget workshop that a committee be formed to deal with budget issues. She proposed a resolution which would form such a committee, noting that it would consist of a chairperson and two regular members who would be chosen by the Council President. She explained further that all proposed ordinances, resolutions and other matters relating to the City's Budget may be referred to this committee, as directed by the Council President, for consid- eration prior to Council action, that all actions of the committee shall be subject to the proce- dures set out in Resolution No. 1094 and other directives as may be made by the Council Presi- dent, and that the committee may be dissolved at any time the Council President determines that it is no longer of benefit to the City Council. She MOVED for adoption of Resolution No. 1328 . White seconded. Woods clarified for Mann that this committee differs from the Operations Committee in that it deals only with budget items . The Mayor added that some items may affect more than one committee and that both committees should be free to take up the issue. The motion then carried. FINANCE (CONSENT CALENDAR - ITEM 3B) Approval of Bills. Approval of payment of the bills received through September 15, 1992 after auditing by the Operations Committee at its meeting at 3 : 00 p.m. on September 15 , 1992 . Approval of checks issued for vouchers : Date Check Numbers Amount 9/1-9/15/92 122216-122662 $2 , 437, 716. 47 Approval of checks issued for payroll : Date Check Numbers Amount 9/18/92 01176748-01177160 $ 659 , 122 . 32 9 September 15, 1992 REPORTS Public Safety Committee. Police Chief Crawford noted that the new police building will be dedi- cated at noon on Friday, September 18 , and that the Lee family will be in attendance. He added that there will be an open house from noon til 4 : 00 the following day, Saturday, September 19, which will be a good opportunity for the public to visit the building and see the workings of an extremely fine police department. White apologized for not being able to attend, noting that he will be out of town. Mann also said that he cannot attend, and said that he is very proud of the facility and of the police department. Crawford thanked them for their support. Mann announced that the Public Safety Committee will meet on September 21 at 5: 30 p.m. at the new police building. Parks Committee. Johnson stated that at the Parks Committee meeting of this date it was decided to demolish the house at Kent Memorial Field, using funds in the Parks budget. He said that funds left over from the Kherson Park will go back into the contingency fund. ADJOURNMENT The meeting was adjourned at 8 : 00 p.m. > Brenda Jacobe , CMC City Clerk 10 Kent City Council Meeting Date October 6, 1992 Category Consent Calendar 1. SUBJECT: WASHINGTON STATE TRAFFIC SAFETY COMMISSION GRANT 2 . SUMMARY STATEMENT: Acceptance of a grant in the amount of $36, 120 from the Washington State Traffic Safety Commission for the Kent Drinking Driver Task Force. This funding assists in the continuation of the Kent Drinking Driver Task Force and offsets expenditures by the City of Kent. 3 . EXHIBITS: Project agreement from the Washington State Traffic Safety Commission Analysis amounting to 50% of the cost being absorbed by the Washington State Traffic Safety Commission 4 . RECOMMENDED BY:City Staff (9/9/92) Public Safety (9/21/92) 2-0 Johnson not present but approved placement on consent calendar (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCALjPERSONNEL IMPACT: NO YES X FISCAL/PERSONNEL NOTE: Recommended i�ANot Recommended 6. EXPENDITURE REQUIRED: $ N/A SOURCE OF FUNDS: 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds_ DISCUSSION• ACTION: Council Agenp Item No. 3C y Washington Traffic Safety Commission Project ' ' • Section 3 Budget and Cost Sharing Budget: Direct Costs: 25,558 1.Salaries and Wages: $ 2. Employee Benefits: $ 6,896 3. Travel and Subsistence: $ 500 4. Contractual Services: $ 5. Equipment: $ 6. Goods and Services: $ 3, 166 Total Direct Costs: $ 36,120 Indirect Costs: $ i TOTAL: $ 36,120 I Cost Sharing: (Washington Traffic Safety Commission use only) Share Amount Percent State: $ 36,120 501% Political Subdivision: $ 36.120 50%(Minimum) Total Estimated Cost: $ 72,2a0 100% Revision: Kent City Council Meeting Date October 6, 1992 Category Consent Calendar 1. SUBJECT: SOUTH COUNTY AREA TRANSPORTATION BOARD 2 . SUMMARY STATEMENT: Adoption of Resolution 1 declaring the City's intent to join with King County and other cities to form the South County Area Transportation Board and designation of Jim White to serve as the City's elected official representative on this board with Don Wickstrom, Director of Public Works, as an alternate. 3 . EXHIBITS: Resolution, Public Works Committee minutes and letter from King County 4 . RECOMMENDED BY: Public Works Committee (3-0 vote) (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO__,g _ YES FISCAL/PERSONNEL NOTE: Recommended Not Recommended 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION• Council Ager)-da Item No. 3D RESOLUTION NO. A RESOLUTION of the City of Kent, Washington, declaring its intent to join with King County and other cities to form the South County Area Transportation Board to manage multijurisdictional transportation issues in the South County region. WHEREAS, South King County has a history of multi- jurisdictional transportation planning dating back to the late 1970 ' s including the Green River Valley Transportation Action Plan (GRVTAP) which was a multijurisdictional effort coordinated by the Puget Sound Council of Governments (now Puget Sound Regional Council) and involving King County, the Washington Department of Transportation (WSDOT) and the cities of Auburn, Kent, Renton, and Tukwila; and WHEREAS, each of the jurisdictions in the south King County area has experienced significant population growth and economic development in the last decade and project continued growth and development in the future; and WHEREAS, the cities of Auburn, Kent, Renton, and Tukwila have changed in geographic area since the late 19701s; and WHEREAS, the cities of Algona, Des Moines, Enumclaw, Milton, Normandy Park, and Pacific did not participate in the GRVTAP because they were outside the study area, but are clearly impacted by traffic congestion problems in the South County Area; and WHEREAS, the cities of Burien, Federal Way, and SeaTac did not exist during most of the transportation planning history in South King County; and WHEREAS , King County, Metro, WSDOT, and the cities of Auburn, Kent, Renton, Tukwila, and SeaTac have demonstrated through the South County Area Transportation Benefit District Steering Committee and program development effort, the benefits which can be achieved by regional coordination; and WHEREAS, the enormous cost of many of the needed transportation improvements and their importance to South King County as a whole demonstrate the need for a cooperative approach to the planning, financing and construction of these improvements; and WHEREAS, many of the transportation problems which were identified in GRVTAP still exist and new transportation management issues have emerged, including Commute Trip Reduction Act of 1990, the transportation planning and financing requirements of the Growth Management Act of 1990, and the regional high capacity transportation plan; and WHEREAS, a cooperative approach to the transportation problems will facilitate application of the South King County jurisdictions for funding from the State of Washington and the United States ; and WHEREAS, a proposal has been made to reorganize and expand the South County Area Transportation Benefit District Steering Committee to form the South County Area Transportation Board as described in Exhibit A to serve as a central forum for solving transportation issues affecting the South County area jurisdictions ; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: 2 Section 1. The City of Kent will join together with King County and the other cities of South King County that may choose to do so to form the South County Area Transportation Board as described in Exhibit A and will designate an elected official representative and an alternative to represent the City on the Board. Passed at a regular meeting of the City Council of the City of Kent, Washington, this day of 1992 . Councurred in by the Mayor of the City of Kent, this day of , 1992 . DAN KELLEHER, MAYOR ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: ROGER A. LUBOVICH, CITY ATTORNEY I hereby certify that this is a true and correct copy of Resolution No. passed the City Council of the City of Kent, Washington, the day of , 1992 . (SEAL) BRENDA JACOBER, CITY CLERK 3 r EXHIBIT A SOUTH COUNTY AREA TRANSPORTATION BOARD Purpose: The Board shall serve as a central forum for information sharing, consensus building, and coordination to resolve transportation issues implement transportation programs and projects that benefit the South County . area jurisdictions and region. Membership: Membership shall be extended to: King County; the cities of South King County including Algona, Auburn, Black Diamond, Burien, Des Moines, Enumclaw, Federal Way, Kent, Milton, Normandy Park, Pacific, Renton, SeaTac, and Tukwila; METRO, the Port of Seattle, Puget Sound Regional Council (PSRC) , Valley Area Transportation Alliance (VATA) , and Washington Department of Transportation (WSDOT) ; and others as the Board may later determine. Each Board member shall serve for a term of two years or until the member's term of office expires, whichever occurs first. Board Representation: Each city member shall be entitled to one position on the board. King County shall be entitled to two positions. The Port of Seattle, METRO, PSRC, VATA, and WSDOT shall be entitled to one position each. Each member should appoint one representative and one alternate to the Board. For the County and cities, the representative should be an elected official ; - the alternate may be an elected official or high level staff member as best serves both the jurisdiction and the Board. Voting: The Board shall operate by consensus whenever possible, but in those matters requiring a vote, voting shall be assigned as follows: (1 ) King County shall have two votes and each of the city members of the Board shall have one vote each, and (2) the Port of Seattle, METRO, PSRC, VATA, and WSDOT shall be non-voting members of the Board. Board Conduct: A quorum of Board membership, that being at least fifty percent of the number of members plus one, shall be required to conduct business. At least fifty percent of the number of voting board members plus one affirmative votes are required to take action. The Board shall establish its own bylaws and rules of procedure. The Board may establish such committees as are necessary to carry out its purpose including but not limited to a technical advisory committee as described in this Exhibit. Technical Advisory Committee: Each member jurisdiction or agency shall appoint an appropriate department director or division manager to the Technical Advisory Committee (TAC) . The City of Seattle, the Eastside Transportation Program, Pierce County, the City of Tacoma, and Pierce Transit may appoint similar level staff to the TAC. Other jurisdictions, agencies, or groups may be added as determined by the Board. The TAC shall provide technical assistance as requested by the Board and shall advise the Board of emergent transportation issues for the Board's consideration. To the extent possible, existing technical or other work groups with which South County jurisdictions are already participating should be used. South County area staff could, if necessary, form a subregional caucus for the purpose of assisting in bringing issues to the Technical Advisory Committee or the Board. EXHIBIT A Page Two Public Sector Participation: The Valley Area Transportation Alliance, as a broadly based business interest group with the goal of improving transportation problems in the South County area, shall be recognized as the body representing South County area business community interests and shall be represented on the Board and on the TAC. - Interested citizen Citizen involvement in the Board shall be as follows: (1) groups shall be placed on the mailing list for Board meetings to ensure that those groups are kept informed of Board activities; and (2) for Board undertakings for which citizen involvement can have a specifically identified purpose, the Board shall establish a citizens advisory committee (CAC) to which each voting member of the Board shall make an appointment. The chair of the CAC shall sit as a non-voting member of the Steering Committee and TAC for the duration of the CAC's existence. Staff Support: For the first year, King County will provide general administrative support for the Board and TAC. Each member jurisdiction is expected to contribute such staff as is necessary to accomplish Board agreed upon tasks. Work Program: The Board may undertake activities consistent with its purposes and shall prepare an annual work program for the following year and progress report on the year just completed for submittal to its member jurisdiction by December 31 of each year. Regional Arterial Plan: The Board shall develop a South County Area Transportation Action Plan (RAP) which describes the region's transportation conditions, identifies regional transportation needs, prioritizes those needs, identifies responsible agencies, identifies possible funding sources, and, where appropriate, recommends a funding strategy for specific projects or corridors. The RAP shall be submitted to member jurisdictions for adoption by resolution. The Board shall annually review the RAP and propose any necessary revisions to update the plan to reflect project implementation or changes in transportation needs and conditions. Board actions must be consistent with the RAP. Cost Sharing Guidelines: At such time that member jurisdictions agree that the Board requires on-going administrative support or that a specific undertaking of the Board requires specific support, these guidelines shall generally apply: (1) Annual Review of Financing: The Board shall determine by June 1 of each year whether a financial contribution will be requested of the Board jurisdictions, agencies, and organizations. (2) King County and City Members: Costs shall be shared among the County and cities in accordance with the degree of benefit received from the activity to be funded. Unless agreed to otherwise, administrative costs shall be distributed by the percent of population each jurisdiction has within the Board's boundaries according to the most recent population estimate of the Washington State Office of Financial Management. EXHIBIT A Page Three (3) Other Board -Members: The Port of Seattle, METRO, WSDOT, VATA, PSRC and other non-voting members shall be expected to make a direct funding or in= kind contribution in accordance with their degree of benefit received. (4) Interlocal Agreement Required: An interlocal agreement specifying cost-sharing, purpose; scope of work and other details is required to obligate a member jurisdiction to funding participation. Public Works Committee September 16, 1992 Page 3 If we widen it further we will end up having to purchase a warehouse. He continued that HOV lanes on 212th are included in our six year plan. The County will be budgeting funds and we hope to budget funds in next year's budget to do a feasibility study for HOV lanes on 212th. He commented he thought that would be a more appropriate corridor for a cross tie. He stated that we can tie the Interurban Trail into 196th but it will parallel the buttress of the fill and tie into the road. Wickstrom added that this is the most expensive section of the 196th Corridor. The cost of the west and east legs of the corridor doesn't equal the cost of the middle corridor. To add additional width would in likelihood kill the project as we do not have funding available. Bennett confirmed that if a bike lane were not provided on this portion that bikes could still use either the traffic lanes or the sidewalk. LaPorte added that providing a bike lane would not insure their safety due to the volume of the truck traffic in the area. Stougard stated that providing access to the Interurban Trail and possibly signing the sidewalk for bicycle use would probably be satisfactory. The Committee suggested that the Advisory Board continue to work with staff on this alternative. South County Area Transportation Board Wickstrom explained this is a board assembled to coordinate the various regional transportation projects. Initially the County will be providing the staff. Long term, the cities and County would be sharing these costs. Jim White added that the real purpose of the Board is to put additional emphasis on transportation for south county. Jim White indicated he would be willing to act as the City's representative on this Board. The Committee unanimously recommended adoption of the resolution and Jim White serve as the City's representative on the South County Area Transportation Board with Don Wickstrom as the alternate. Other Items Mrs. Rust again asked for clarification of the City policy of employees not using City vehicle for personal use during working hours. May Miller stated that the policy does allow use of City vehicles for personal use such as lunch when it is cost prohibitive for the employee to bring the vehicle back to City Hall. Jim Bennett added that it has to be properly managed by the Department Heads. It was clarified for Mrs. Rust that the policy was developed as a result of citizen complaints and concerns about the use of City vehicles. � r ' �^ 'i!0 F^ E Piing County v _. NC�1��'.Y ii117iY L'L.i~ September 1, 1992 The Honorable Dan Kelleher Mayor, City of Kent 220 Fourth Avenue South Kent, WA 98032 RE: South County Area Transportation Board Dear Mayor Kelleher: On August 18, 1992, the Steering Committee of elected officials, appointed to develop a proposal for a board to coordinate South County area regional transportation issues, unanimously approved a model resolution establishing the South County Area Transportation Board (SCATB) and recommended the resolution to all South County cities for adoption. On behalf of the Steering Committee, we are requesting that your city approve the resolution and designate (1) an elected official to represent your city on the new Board and (2) an alternate representative who may be another elected official or high-level staff person as described in the resolution. The Steering Committee members agreed that, if possible, the first meeting of the new Board should be held in October 1992 in order to move ahead on the many significant transportation issues which impact the region. A copy of the model resolution, a work program for the 1992-1993 period, and a summary of the Steering Committee meeting on August 18, 1992 is enclosed. The King County Roads and Engineering Division will provide administrative support for the new SCATB for the first year. Please advise John Bodoia, Finance Officer, at 296-3744 or Donna Gordon, Program Analyst, at 296-6547 of your city's designated SCATB representative and alternate. If you have any questions or need further information, they can be of assistance. Sincerely, Tim Hill Greg 'ckels King County Executive King my Counci er TH/DG:jh Enclosures cc: Ed Chow, Kent City Administrator Don Wickstrom, Kent Public Works Director Jim White, Kent City Councilmember Paul Tanaka, Director, King County Department of Public Works ATTN: Louis Haff, County Road Engineer Kent City Council Meeting Date October 6. 1992 Category Consent Calendar 1. SUBJECT: SEPA Ordinance 2 . SUMMARY STATEMENT: Adoption of Ordinance 3EVC relating to SEPAgas recommended by the Planning CommitteeJASeptember 1, 1992. Recent legislation became effective amending prior state law that affects the time frame within which a jurisdiction can deal with SEPA checklists. This ordinance amends the current code regarding SEPA to bring it into compliance with state law. 3 . EXHIBITS: SEPA ordinance and Planning Committee minutes (9/15/92) 4 . RECOMMENDED BY: Planning Committee (3-0 vote) (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: N0 _ YES FISCAL/PERSONNEL NOTE: Recommended Not Recommended 6 . EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7. CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION• ACTION• Council Agenda Item No. 3E K- I I ORDINANCE NO. i AN ORDINANCE of the City of ji Kent, Washington, amending the j !!, timing considerations for the issuance of SEPA threshold determinations. WHEREAS, Chapter 208 of Washington Laws, 1992, amends ! Chapter 43 . 21C RCW by imposing time limits for issuing State ! Environmental Policy Act threshold determinations; NOW, THEREFORE THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES THEREBY ORDAIN AS FOLLOWS: ' Section 1. Section 1 of City of Kent Ordinance No. i 2494, codified as Kent City Code Section 12 . 12A. 130 (B) , is hereby !! amended as follows: (! I I� IB. Threshold determinations. II �I 1. The City sheuld eemple shall issue threshold I determinations that ean—be based selely upen re-view ef the eheelelist fer the prepesal on a completed application within fifteen ninety (90) days e€ the date an—a )p'` �}-L-9 eempleted heeklist--and site plans are bmj: ted after the application and supporting documentation are complete. 2 The responsible official shall by administrative rule adopt and make available to the public written standards for determining when an application and supporting documentation are complete The standards adopted by the responsible official shall be consistent with any rules adopted by the Department of Ecoloav pertaining to the issuance of a threshold determination. i 1 �I 3 . When the responsible official requires further I . r } • en rrem the applieant e consultation with other agencie, . with jurisdiction: a. The City should request "e F � i consult with all other agencies with jurisdiction within fifteen days of receiving a completed envirenmen eheek, • s} and } =s application and supportina it documents; I b. } .•,a . v nsulted -J � e -Th��gensihle l , a eeftplet-e� i� j The city shall, in any event, issue its threshold determination within ninety (90) days of receiving a completed application and supporting I� documents. 3 . When the Eity— tt3stinejuding field initl to Dart her dies, investigatiens, to eb }h }, h , } } en, the } } r , } �^ , , } '' •} l ans withinr The applicant may request a thirty day extension of the time allowed for the consideration of the threshold determination which request shall not be unreasonably refused. 4 . The City shall complete threshold determinations on actions where the applicant recommends in writing than an EIS be prepared, because of the probable significant adverse environmental impact(s) described in the checklist, within fifteen days of receiving the completed checklist and site plans. Section 2 . Severability. The provisions of this ordinance are declared to be separate and severable. The 2 i I i � !, invalidity of any clause, sentence, paragraph, subdivision, section j j; i !! or portion of this ordinance, or the invalidity of the application !' thereof to any person or circumstances shall not affect the I ' validity of the remainder of this ordinance, or the validity of its ±lapplication to other persons or circumstances. Section 3 . Effective Date. This ordinance shall take '! effect and be in`.force thirty (30) days from the time of its final ; approval and passage as provided by law. ;i DAN KELLEHER, MAYOR : !!ATTEST: I ii I I' BRENDA JACOBER, CITY CLERK !� I . APPROVED AS TO FORM: I, I !' ROGER A. LUBOVICH, CITY ATTORNEY 'I I ! PASSED the day of 1992 . II �IAPPROVED the day of , 1992 . I� ! PUBLISHED the day of 1992 . i I hereby certify that this is a true and correct copy of I' Ordinance No. passed by the City Council of the City of I! Kent, Washington, and approved by the Mayor of the City of Kent llhereon indicated. BRENDA JACOBER, CITY CLERK I !, 3 I � I! CITY COUNCIL PLANNING COMMITTEE MINUTES SEPTEMBER 15, 1992 PAGE 2 agreed that the planning goals language should not be deleted but that the Urban Growth Area resolution should be pulled from the Council agenda. Staff requested that the Planning Goals Resolution be pulled from tonight' s Council agenda because of a request from Soos Creek Water and Sewer District requesting that Policy PF-4 be changed to read " . . .the City sha-3-P may assume urban services which are presently provided by special districts. " Chair Orr and the Planning Committee agreed to recommend that the full Council pull this item from the consent calendar, modify the language, and place it back onto the consent calendar. SEPA ORDINANCE (J. HARRIS) Planning Director Harris explained that effective September 11 1992 the State legislature changed the SEPA laws to affect the time frame within which a jurisdiction can deal with a SEPA checklist. The new law states that a city must complete its review and issue a threshold determination within 90 days of the date of receipt of a checklist. The law also states that within 30 days of receipt of a checklist, the City shall notify -the applicant whether or not the checklist is complete. Mr. Harris further explained that the SEPA ordinance needs to be amended to bring its sections into compliance with the new law. Councilmember Johnson MOVED and Councilmember Bennett SECONDED a motion to accept the SEPA ordinance as amended. Motion carried. The revised ordinance will be presented to the full Council on October 6, 1992 . COUNTYWIDE PLANNING POLICIES RESOLUTION (K O'NEILU Planner Kevin O 'Neill reviewed a draft resolution regarding ratification of the countywide planning policies and specifically pointed out the language of Section 31 "In the event that any subpolicy within the countywide planning policies is found to be inconsistent with the City of Kent locally adopted Comprehensive Plan policies prepared pursuant to the Growth Management Act, the City of Kent policy will prevail. " This language was added to the resolution at the request of Councilmember Johnson. Planning Director Harris related that he has been informed by Judy Chapman from King County that adoption of this language will, in effect, constitute non-ratification of the policies. Councilmember Johnson feels that the provision contained in Section 3 is minor and does not have a significant impact over the remainder of the policies which are being adopted. The question was raised as to who would be empowered to determine an inconsistency. Kent City Council Meeting Date October 6, 1992 Category Consent Calendar 1. SUBJECT: INTERURBAN TRAIL BRIDGE 2 . MUMMARY STATEMENT: As recommended by the Parks Committee, ` uthorization to accept as complete the Interurban Trail Green River Pedestrian Bridge and to release retainage to Caicos Corporation, Inc. , upon receipt of State releases., The project was completed within budget. 3 . EXHIBITS: None 4. RECOMMENDED BY: Consultant Adrian Arnold of Andersen, Biornstad Kane Jacobs Inc • Parks Department• and Parks Committee (6/2/92 unanimous approval 3-0) (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES FISCAL/PERSONNEL NOTE: Recommended Not Recommended 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7 . CITY COUNCIL ACTION: Councilmember moves, Councilmember seconds DISCUSSION: ACTION: Council Agen�a Item No. 3F Kent City Council Meeting Date October 6, 1992 Category Other Business 1. SUBJECT: CRITICAL AREAS (ZCA-91-3 AND CPA-91-1) REGULATIONS 2 . SUMMARY STATEMENT: This meeting _-I, -_--'_a__ the Planning Commission's recommendation for approval of the draft Critical Areas Regulations. The regulations consist of 1) a draft wetlands ordinance and 2) policy amendments to the comprehensive plan. The Planning Commission deliberated for eight months on this issue. 3 . EXHIBITS: Memo, draft ordinance, Planning Commission minutes of August 24 , 1992 4 . RECOMMENDED BY: Planning Commission (Committee, Staff, Examiner, Commission, etc. ) 5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES FISCAL/PERSONNEL NOTE: Recommended Not Recommended 6. EXPENDITURE REQUIRED: $ SOURCE OF FUNDS: 7. CITY COUNCIL ACTION: T �� r Councilmember n J , _seconds acce t re ect modif the roc = ' - idation p / 7 / Y a « 2 n^a for approval of the draft ; id direct the City Attorney to preX j•, v'" - '' ice, and a resolution amending the f � a a� iew policies. DISCUSSION: ., . ACTION: it Agenda k T-1 n L Y To 4A CITY O F J_Q�J�1S�1 L� CITY OF KENT PLANNING DEPARTMENT (206) 859-3390 p�yIIO Rf� MEMORANDUM October 1, 1992 TO: MAYOR DAN KELLEHER AND MEMBERS OF THE CITY COUNCIL FROM: JAMES P. HARRIS, PLANNING DIRECTOR SUBJECT: DRAFT CRITICAL AREAS REGULATIONS At its meeting of August 24 , 1992 , the Planning Commission voted to recommend to the City Council the enclosed critical areas regulations, which consist of: (1) a draft wetlands ordinance and (2) proposed amendments to the Comprehensive Plan, including a policy to protect aquifer recharge areas and a policy on geologically hazardous areas. In addition to the draft regulations, you will find enclosed: * a summary of the draft wetlands ordinance; * background information on wetlands Available for your review in the Council workroom are the minutes and staff reports generated as part of the Planning Commission proceedings. These were part of the lengthy record that was developed by the Commission during . the eight months it spent considering the proposed wetlands regulations. Also available is the report of the Mayor ' s Wetlands Citizen Advisory Committee, containing the Committee' s finding and separate opinions, following the Committee' s three-month review of the regulations. At the October 6 Council meeting, staff will present the Planning Commission recommendations and request that the Council approve them. If you have any questions about the enclosed information, please contact me or Anne Watanabe at 859-3390 . JPH/AW/slc:wetord Enclosures SUMMARY OF PROPOSED WETLANDS ORDINANCE Section 1. Purpose language. Section 2 . Definitions Sets out the definitions for key terms. For example, "Federal Manual" (the method of determining what is a wetland and where its boundaries lie) is defined to be the 1987 Federal Manual currently utilized by the Army Corps of Engineers (a federal agency which has regulatory authority over certain wetlands) . Section 3 . General provisions General language regarding applicability, intent, and enforcement authority. Section 4 . Lands to which chapter applies Applies to all wetlands in the City. - As noted above, 1987 Federal Manual is to be used to determine boundaries of wetlands. Section 5. Wetlands rating system Uses 3-tier rating system (based on King County' s rating system) ; wetlands are ranked 1, 2 or 3 depending on factors such as size and diversity. Wetlands which have been designated as unique and fragile under the zoning code are given special status, and regulated activities (such as filling, dredging or draining) are allowed only to the extent that to deny such uses would deprive the applicant of all reasonable economic uses. - Activities are permitted in isolated Category 2 wetlands of up to 2500 feet and isolated Category 3 wetlands of up to 10, 000 square feet, in exchange for appropriate on-site or off-site mitigation. For such limited fills, no showing of unavoidable impacts or lack of alternatives is necessary (see Section 12 below) . Sections 6-9 . Regulated, allowed, emergency and prohibited activities - A permit is required for "regulated activities. " These 1 activities include: dredging, draining, filling, destruction of wetland vegetation, and other activities that can alter or disturb wetlands or wetland buffers. Allowed activities do not require a permit (in some cases, prior notice is required, however) and include existing and on-going agricultural activities, repair and maintenance of drainage ditches, and recreational activities. Emergency activities can be permitted under an emergency permit; emergency utility repairs are allowed (no permit required) for a 72-hour period, after which time an emergency permit is required. Section 10 General permit requirements Establishes general standards for wetlands permits, including requirements that the proposed activity avoids impacts and will result in no net loss of wetland area, unless application of these requirements will result in denial of all reasonable economic use. Also describes general requirements for submittal and processing of permits. Section 11. Wetland buffers (A wetland buffer is an area which surrounds and protects the wetland from the impacts of adjacent uses. ) - Buffer widths are based on the rating assigned to the wetland. Category 1 wetlands require a buffer of 100 feet; Category 2 and 3 wetlands require a minimum buffer of 50 feet. However, isolated Category 2 wetlands of up to 2500 square feet and isolated Category 3 wetlands of up to 10, 000 square feet receive a minimum buffer of 25 feet. Buffer averaging is permitted. Required buffer can also be decreased or increased under certain circumstances. Uses permitted in the buffer include low intensity/passive recreational activities (for example, birdwatching, scientific research) , stormwater management facilities and biofiltration swales. Section 12 Avoiding wetland impacts Regulated activities are not permitted within wetlands or wetland buffers unless the applicant can demonstrate that 2 locating the activity in the wetland or buffer is unavoidable and necessary, or that all reasonable economic uses are denied. An alternatives analysis is required for uses which are not water-dependent: the applicant must demonstrate that the project 's purposes cannot be met using another available non- wetland site, that the project's basic purpose can't be accomplished with less impact on the wetland, and that the applicant has made a reasonable attempt to remove constraints such as zoning, infrastructure deficiencies, etc; , which would allow the use of another non-wetland site. Sections 13-15. Limited density transfers sensitive area tracts notice on title - Sets out a formula for density credits (i.e. , additional dwelling units) which are allowed on the upland portion of a residentially-zoned site, when a portion of the site is constrained by wetlands or wetland buffers. "Sensitive area tracts" are created as a condition of any wetland permit. These are separate tracts which are subject to restrictions on title. In conjunction with the issuance of a wetland permit, the landowner is required to record a notice of the existence of the wetland or wetland buffer with the county. This provides notice of the wetland' s existence to future purchasers. Section 16 Compensating for wetland impacts When regulated activities occur within a wetland or otherwise alter the wetland, compensation is required in the form of replacement of the wetland area, either by creating a wetland, restoring a former wetland, or enhancing a degraded wetland. The replacement ratio when creation or restoration are involved is 1. 5 to 1 (1. 5 acres of replacement wetland for every 1 acre of wetland altered) ; the ratio is 3 to 1 when enhancement is involved. Ratios may be increased or decreased under certain circumstances, but a minimum replacement ratio of 1 to 1 is required. Section 17 . Reasonable use Sets out criteria for determining when to provide relief from any of the standards in the ordinance. 3 Section 18 Non-conforming wetland activities similar to provisions for nonconforming activities under the zoning code. Pre-existing nonconforming activities are allowed without a permit unless the activity is being expanded, has been discontinued for a year after the adoption of the wetland ordinance (except for normal agricultural practicies) or has been damaged by fire, flood, or other natural disaster and where the cost of restoration exceeds fifty percent of the fair market value. Sections 19 22 Timing of permit activities revisions/suspension of permits - Activities pursuant to a permit cannot begin until all necessary permits obtained and all review/appeals are exhausted. - Wetland permits are valid for three years, with a one-year extension available. - Revisions to permits may be allowed if within the scope of original permit. - Permits may be rescinded only after a public hearing and finding of certain conditions . Sections 23 26 Enforcement appeals severability, effective date Enforcment provisions reference the zoning code. Appeals of wetland permits are made to the Hearing Examiner. 4 U�D2 �noN 01j WeTLkpD SV _,T- S M Lr f'/ I rJ��tilTai?-10 WETLAND SYSTEMS/MAJOR, HABITAT AREAS This section discusses how the wetlands are distributed within the project area, instead of concentrating on each individual type. Some of these areas contain a complex of diverse habitat types, while others contain large expanses of hydrologically connected habitat type. A description of each of these areas follows. Kent Lagoons The Kent Lagoons are a set of four ponds which were part of an operating sewage facility from 1969 to 1973. Wildlife use of the ponds is high, with over 215 species expected to occur in the area. Over 16 species of waterfowl have been observed on the ponds . Waterfowl use in the winter is high, with over 1,000 individuals daily expected to use the site (SHAPIRO, 1990) . These ponds also provide an aesthetic and recreational resource for observed wildlife. The lagoons have been identified by the City of Kent as a "Unique and Fragile" resource in the valley. The City of Kent is planning to turn the area into a combined wetland habitat/stormwater detention-treatment facility. The goal of the project is to maximize wildlife habitat by increasing the complexity of the lagoons cells and by planting 200 foot wide buffers with a mixture of native shrubs and trees . The project also will maintain the high value existing mudflat and forested habitats . The project would increase the food resources , nest sites , cover, song perches, water posts , and other basic biological requirements for 9 wildlife use. :Riparian Corridor Along the Green River The Green River flows along the western edge of the project area, providing an important migration corridor for fish and wildlife. Because of ? the past diking, the banks are typically high and steep; however, most of the river banks are vegetated with dense riparian vegetation, such as reed canarygrass, willow, red-osier dogwood, and blackberries . In some areas willows hang over the water to provide shade for the fish. Several areas of riparian forest are located outside the channel and adjacent to the existing z levee. 3 Seasonally Flooded Pasture and Wet Agricultural Lands A major concentration of seasonally flooded and wet agricultural lands s occur east of the old Kent Sewage Lagoons, and west of the Green River both north and south of South 212th Street. The large number of migratory and wintering waterfowl and shorebirds of the Green River Valley heavily utilize these habitat types . Large expanses of flooded land provide the abundant shallow water and food resources that are required by the large concentrations of these birds in winter and early spring. A water bird census of several of these. areas reported very high numbers . In some areas , up to 1,500 shorebirds and 1,300 waterfowl have been counted in one visit. The value of flooded lands is highest when they are located near areas such as the old Kent Sewage Lagoon open water habitat, which supply other habitat needs . Bottomland West of Green River to Vallev Wall (Section 15, T. 22N.. R. 4E.) The wetland units in this section lie between the west bank of the Green River and the base of the west valley wall. They comprise about 24 acres, including at least two acres of open water, and are bordered by forest, shrub, and agricultural land. The four largest units form a complex of bermed detention basins east and north of the old Kent-Highlands Iandfill. In addition to runoff, large volumes of sand and silt from the landfill wash over the southern part of this complex in some places, limiting herbaceous vegetation cover. Other parts of the complex contain very dense and diverse vegetation, including forested, scrub- shrub, and emergent marsh habitats. They provide abundant forage and feeding, cover, and nesting for a wide variety of wildlife: waterfowl, raptors, passerine birds, amphibians, reptiles, and small mammals have all been observed. Deer, raccoon and other mammals are probably present also. Their large size, proximity to the Green River and to forested uplands, runoff detention function, and limited human impacts distinguish these wetlands as among the most valuable surveyed. y Lake Fenwick Watershed (Section 27. T. 22N.. R:4E.) Except for the Green River and the Kent Lagoons, Lake Fenwick is the largest body of water within the City limits. Most of its shores are forested, as is most of Lake Fenwick Park west of the lake. The lake and open water in the adjoining park provide excellent habitat for diverse waterfowl and other wildlife. Interlaced fingers of wetland and upland multiply the edge between land and water severalfold. Botanical and structural diversity here is exceptionally high. The absence of roads and buildings in this area means that the limited disturbance to the wetlands results almost entirely from pedestrian recreational activity. Kent Plateau (Sections 17 & 20 T 22N R. 5E ) This area, at the upper reaches of the Mill Creek and Garrison Creek drainages, encompasses much recently developed land north of the Kent-Kangley Road (SR 516) and east of 104th Ave. SE (SR 515). Most of the numerous fragmented wetland units are small and isolated, hemmed in by roads, ditches, culverts, and berms; many have been cleared, graded, or filled. The 26 sites in this area total only 31.5 acres, an average of 1.2 acres per site; only three have open water, totalling less than half an acre. More than half of these wetland habitats are emergent marsh (often dominated by reed canarygrass), 30% are forested swamp, and the rest scrub-shrub. Because of their isolation, fragmentation, disturbance, and generally low diversity, these wetlands have low habitat value in absolute terms. On the other hand, their isolation means that in many cases they may be the only suitable habitat in the immediate area for many songbirds, amphibians, and small mammals. In many, disturbance is high from intrusion by people and domestic pets. The high density of roads, apartments, and other buildings in this area also increases the importance of these wetlands as detention basins for stormwater runoff. DRAFT WETLANDS ORDINANCE - SEPTEMBER 1992 CITY OF KENT WETLANDS REGULATIONS (DRAFT) WHEREAS, wetlands and their buffer areas are valuable and fragile natural resources with significant development constraints due to flooding,erosion, soil liquefaction potential,and septic disposal limitations; and WHEREAS, in their natural state, wetlands provide many valuable social and ecological services, including controlling flooding and stormwater runoff by storing or regulating natural flows; protecting water resources by filtering out water pollutants, processing biological and chemical oxygen demand, recycling and storing nutrients, and serving as settling basins for naturally occurring sedimentation; providing areas for groundwater recharge; preventing shoreline erosion by stabilizing the substrate; providing habitat areas for many species of fish, wildlife, and vegetation, many of which are dependent on wetlands for their survival, and many of which are on Washington State and Federal Endangered Species lists; providing open space and visual relief from intense development in urbanized area; providing recreation opportunities; and serving as areas for scientific study and natural resource education; and WHEREAS, development in wetlands results in:increased soil erosion and sedimentation of downstream water bodies,including navigable channels;increased shoreline erosion;degraded water quality due to increased turbidity and loss of pollutant removal processes; elimination or degradation of wildlife and fisheries habitat; loss of fishery resources from water quality degradation, increased peak flow rates, decreased summer low flows, and changes in the streamflow regimen; loss of stormwater retention capacity and slow-release detention resulting in flooding, degraded water quality, and changes in the streamflow regimen of watersheds; loss of groundwater recharge areas; and WHEREAS, buffer areas surrounding wetlands are essential to maintenance, and protection of wetland functions and values, and protect wetlands from degradation by stabilizing soil and preventing erosion; filtering suspended solids, nutrients and harmful or toxic substances; moderating impacts of stormwater runoff; moderating system microclimate; protecting wetland wildlife habitat from adverse impacts; maintaining and enhancing habitat diversity and/or integrity; supporting and protecting wetlands plant and animal species and biotic communities; and reducing disturbances to wetland resources caused by intrusion of humans and domestic animals; and WHEREAS, The loss of the social and ecological services provided by wetlands results in a detriment to public safety and welfare; replacement of such services, if possible at all, can require considerable public expenditure; and WHEREAS, a considerable acreage of these important natural resources has been lost or degraded by draining, dredging, filling, excavating, building, polluting, and other acts inconsistent with the natural uses of such areas, and remaining wetlands are in jeopardy of being lost, despoiled, or impaired by such acts; WHEREAS, the City Council of the City of Kent hereby finds that as a result of all of the above, it is necessary to ensure protection of wetland areas in the City by discouraging activities in wetlands and in sites adjacent to wetlands that may adversely affect wetland functions and values, to encourage restoration and enhancement of already-degraded wetland systems and to encourage creation of new wetland areas; and WHEREAS, the City Council hereby finds that in order to accomplish this directive, the City shall amend the Kent Zoning Code to require site planning through a permit system administered by the Planning Department, in order to avoid or minimize damage to wetlands wherever possible; to require that activities not dependent upon a wetland location be located DRAFT WETLANDS ORDINANCE - SEPTEMBER 1992 at upland sites; and to achieve no net loss of wetland area by requiring restoration of degraded former wetlands or the creation of new wetlands from upland sites to offset unavoidable losses; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT HEREBY ORDAINS AS FOLLOWS: Section 1. Short Title, Authority and Purpose A. This ordinance shall be known and may be cited as the "Kent Wetlands Ordinance." B. This ordinance is enacted pursuant to the City's police powers, the Growth Management Act as codified in Chapter 36.70A of the Revised Code of Washington (RCW), the State Environmental Policy Act (SEPA) in Chapter 42.21C RCW. C. The purpose of this ordinance is to: 1. Protect the public health, safety and welfare by preserving, protecting and restoring wetlands through the regulation of development and other activities within them and wetland buffers so that nuisances or threats to safety are not created, and natural wetland functions and values are not degraded by: a. impeding flood flows, reducing flood storage capacity, or impairing natural flood control functions, thereby resulting in increased flood heights, frequencies or velocities on other lands; b. increasing water pollution through location of domestic waste disposal systems in wetlands; unauthorized application of pesticides and herbicides; disposal of solid waste at inappropriate sites; creation of unstable fills; or the destruction of wetland soils and vegetation; C. increasing erosion; d. decreasing breeding, nesting and feeding areas for many species of waterfowl and shorebirds, including those rare and endangered; e. interfering with the exchange of nutrients needed by fish and other forms of wildlife; f. adversely altering the recharge or discharge functions of wetlands, thereby impacting groundwater or surface water supplies; g. significantly altering wetland hydrology and thereby causing either short-or long-term changes in vegetational composition, soils characteristics, nutrient cycling, or water chemistry; h. destroying sites needed for education and scientific research, such as outdoor biophysical laboratories, living classrooms, and training areas; i. interfering with public rights in navigable waters and the recreation opportunities provided by wetlands for fishing, boating, hiking, birdwatching, photography and other passive uses; or j. destroying or damaging aesthetic and property values,including significant public viewsheds. DRAFT WETLANDS ORDINANCE - SEPTEMBER 1992 2. Protect, to the greatest extent practicable, the public against losses from unnecessary maintenance and replacement of public facilities and expenses for public emergency rescue and relief operations; and 3. Alert appraisers, assessors, owners and potential buyers or lessees of property to the development limitations of wetlands. D. The provisions of this ordinance shall be liberally construed to effectively carry out its purpose in the interest of the public health, safety and welfare. 3 DRAFT WETLANDS ORDINANCE - SEPTEMBER 1992 Section 2: Definitions For the purposes of this chapter, the following definitions shall apply: "Activity." See "Regulated Activity" and "Allowed Activity" as defined in Section 2 herein. "Applicant" means a person who files an application for permit under this chapter and who is either the owner of the land on which that proposed Regulated Activity would be located, a contract vendee, a lessee of the land, the person who would actually control and direct the proposed Regulated Activity, or the authorized agent of such a person. "Best management practices" means conservation practices or systems of practices and management measures that: 1. Control soil loss and reduce water quality degradation caused by nutrients, animal waste, toxics, and sediment; and 2. Minimize adverse impacts to surface water and groundwater flow, circulation patterns, and to the chemical, physical, and biological characteristics of wetlands. "City" means the City of Kent, Washington. "Compensation project" means actions necessary to replace project-induced wetland and wetland buffer losses, including land acquisition, planning, construction plans, monitoring and contingency actions. "Compensatory mitigation" means replacing project-induced wetland losses or impacts, and includes, but is not limited to, the following: 1. Restoration. Actions performed to reestablish wetland functional characteristics and processes which have been lost by alterations, activities, or catastrophic events within an area which no longer meets the definition of a wetland. 2. Creation. Actions performed to intentionally establish a wetland at a site where it did not formerly exist. 3. Enhancement. Actions performed to improve the condition of existing degraded wetlands so that the functions they provide are of a higher quality. "Dedication" means conveyance of land to the City or other not-for-profit entity by deed or other instrument of conveyance. "Department" means the Planning Department of the City of Kent. "Developable area" means land outside of wetlands, wetland buffers or any other restricted area on a particular piece of property. "Development" means any construction or expansion of a building, structure or use; any change in use of a building or structure or changes in the use of land that require a development permit from the City. "Director" means the Director of the Kent Planning Department or his/her authorized designee. "Emergent wetland" means a wetland with at least 30 percent of the surface area covered by erect, rooted, herbaceous vegetation as the uppermost vegetative strata. 4 DRAFT WETLANDS ORDINANCE - SEPTEMBER 1992 "Enhancement." See "Compensatory Mitigation." "Erosion" means the wearing away of the ground surface as a result of mass wasting or the movement of wind, water, soil and/or ice. "Essential habitat" means habitat necessary for the survival of federally listed threatened, endangered and sensitive species and state listed priority species. "Exotic" means any species of plants or animals that are foreign to the planning area. "Existing and ongoing agriculture" includes those activities conducted on lands defined as "Farm and Agricultural Land" in RCW 84.34.020(2),and those activities involved in the production of crops or livestock, for example, the operation and maintenance of farm and stock ponds or drainage ditches, operation and maintenance of ditches, irrigation systems including irrigation laterals, canals, or irrigation drainage ditches, changes between agricultural activities, and normal maintenance, repair, or operation of existing serviceable structures, facilities, or improved areas. Activities which bring an area into agricultural use are not part of an ongoing operation. An operation ceases to be ongoing when the area on which it is conducted is converted to a nonagricultural use or has lain idle for more than eight years, unless the idle land is registered in a federal or state soils conservation program, or unless the activity is maintenance of irrigation ditches, laterals, canals, or drainage ditches related to an existing and ongoing agricultural activity. Forest practices are not included in this definition. "Extraordinary hardship" means that the strict application of the provisions of this ordinance and/or rules adopted to implement this ordinance would prevent all reasonable economic use of the property. "Federal Manual" means Technical Report Y-87-1, Corps of Engineers Wetlands Delineation Manual, dated January 1987. "Forested wetland" means a wetland with at least 20 percent of the surface area covered by woody vegetation greater than 20 feet in height. "Functions," "beneficial functions," or "functions and values" means the beneficial roles served by wetlands including, but not limited to, water quality protection and enhancement, fish and wildlife habitat, food chain support, flood storage,conveyance and attenuation, groundwater recharge and discharge, erosion control, wave attenuation, historical and archaeological and aesthetic value protection, and recreation. These beneficial roles are not listed in order of priority. "Grading" means excavation or fill or any combination thereof, including the establishment of a grade following the demolition of a structure. "Growing season" means the average frost-free period of the year in Kent as recorded in National Oceanic and Atmospheric Administration Frost/Freeze Data from Climatology of the U.S. #20, supplement#1, or in equivalent U.S. government agency records. Growing season, for the purposes of these regulations, may be considered to be the period from March 1 through October 31 of any calendar year. "Hydric Soil' means soil that is saturated, flooded or ponded long enough during the growing season to develop anaerobic conditions in the upper part. The presence of hydric soil shall be determined following the methods described in the Federal Manual. "Hydrophytic vegetation" means macrophytic plant life growing in water or on a substrate that is at least periodically deficient in oxygen as a result of excessive water content. The presence of hydrophytic vegetation shall be determined following the methods described in the Federal Manual. 5 DRAFT WETLANDS ORDINANCE - SEPTEMBER 1992 "In-kind compensation" means to replace wetlands with substitute wetlands that have characteristics which closely approximate those destroyed or degraded by a Regulated Activity. "Isolated wetlands" means those wetlands which: 1. Are outside of and not contiguous to any 100-year floodplain of a lake, river, or stream; and 2. Have no contiguous hydric soil or hydrophytic vegetation between the wetland and any surface water. "Maintenance," see definition of "Repair and Maintenance." Mitigation' includes avoiding, minimizing or compensating for adverse wetland impacts. Mitigation, in the following order of preference is: 1. Avoiding the impact altogether by not taking a certain action or parts of an action; 2. Minimizing impacts by limiting the degree or magnitude of the action and its implementation, by using appropriate technology, or by taking affirmative steps to avoid or reduce impacts; 3. Rectifying the impact by repairing, rehabilitating or restoring the affected environment; 4. Reducing or eliminating the impact over time by preservation and maintenance operations during the life of the action; 5. Compensating for the impact by replacing, enhancing, or providing substitute resources or environments; 6. Monitoring the impact and the compensation project and taking appropriate corrective measures. Mitigation may include a combination of the above measures. "Mitigation Banking" is the collective offsite creation, restoration or enhancement of uplands, or in some instances, existing wetlands, to compensate for unavoidable adverse impacts due to private development, public works projects, and other construction activities. Banking differs from most offsite compensatory mitigation projects in that mitigation banking is a program created by agencies or organizations to provide a relatively large mitigation site which will be used to compensate for many (usually unrelated) development projects; more traditional compensatory mitigation measures are typically individual projects which may give little consideration to regional wetlands management. "Native Vegetation" means plant species which are indigenous to the planning area. "offsite compensation" means to replace wetlands away from the site on which a wetland has been impacted by a regulated activity. "Onsite compensation" means to replace wetlands at or adjacent to the site on which a wetland has been impacted by a regulated activity. "Out-of-kind compensation" means to replace wetlands with substitute wetlands whose characteristics do not closely approximate those destroyed or degraded by a regulated activity. 6 _1_. ... .. ... ._ -I. .. ._. . 1 __... DRAFT WETLANDS ORDINANCE - SEPTEMBER 1992 "Owner" means any person having title to, a substantial beneficial interest in, or control of a building or property, including but not limited to a lessee, guardian, receiver or trustee, and the owner's duly authorized agent. "Person" means a natural person, his/her heirs, executors, administrators or assignees, or a firm, partnership or corporation and its or their successors and assignees, or a governmental entity. "Pollution" means such contamination, or other alteration of the physical, chemical or biological properties of wetlands, or such discharge of any liquid, gaseous, solid, radioactive or other substance into wetlands as will or is likely to cause a nuisance or render such wetlands harmful, detrimental or injurious to the public health, safety or welfare, or to domestic, commercial, industrial, agricultural, recreational or other legitimate beneficial uses, or to livestock, wildlife, fish, native vegetation or other aquatic life. "Practicable alternative" means an alternative that is available and capable of being carried out after taking into consideration cost, existing technology, and logistics in light of overall project purposes, and having less impacts to wetlands. It may involve using an alternative site in the general region that is available to the applicant and may feasibly be used to accomplish the project. "Priority habitats" are a seasonal range or habitat element with which a given species has a primary association, and which, if altered, may reduce the likelihood that the species will maintain and reproduce over the long-term. These might include areas of high relative density or species richness, breeding habitat, winter range and movement corridors. These might also include habitats that are of limited availability or high vulnerability to alteration. "Priority species" are those species that are of concern due to their population status and their sensitivity to habitat manipulation. Priority species include those which are state- listed endangered, threatened, and sensitive species as well as other species designated by the State Department of Wildlife as species of concern or as game species. "Repair or maintenance" means an activity that restores the character, scope, size, and design of a serviceable area, structure, or land use to its previously authorized and undamaged condition. Activities that change the character, size, or scope of a project beyond the original design and drain, dredge, fill, flood, or otherwise alter additional wetlands are not included in this definition. "Restoration." See "Compensatory Mitigation." "Scrub-shrub wetland" means a wetland with at least 30 percent of its surface area covered by woody vegetation less than 20 feet in height as the uppermost strata. "Serviceable" means presently useable. "Site" means any lot or parcel of land or contiguous combination thereof, where activities are proposed, performed or permitted. "Subject property" means the site where an activity requiring a permit or approval under this ordinance will occur. "Unavoidable and necessary impacts" are impacts to wetlands that remain after an applicant for a wetland permit has demonstrated that no practicable alternative exists for the proposed project. 7 DRAFT WETLANDS ORDINANCE - SEPTEMBER 1992 "Water-dependent" means requiring the use of surface water that would be essential to fulfill the purpose of the proposed project. "Wetlands," means all those areas in the City of Kent that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions during the growing season. Wetlands generally include swamps, marshes, bogs, and similar areas. Wetlands do not include those artificial wetlands intentionally created from nonwetland sites, including, but not limited to, irrigation and drainage ditches, grass-lined swales, canals, detention facilities, wastewater treatment facilities, farm ponds, and landscape amenities. The applicant shall bear the burden of proving that the site was not previously a wetland. Wetlands include artificial wetlands intentionally created from nonwetland areas for the purpose of mitigating conversion of wetlands. For identifying and delineating a wetland, the City of Kent shall rely on the methodology contained in the Federal Manual as defined above. "Wetlands of Outstanding Significance," means all wetlands with: 1. Documented habitat for endangered or threatened fish or animal species or for potentially extirpated plant species recognized by state or federal agencies; or 2. High quality native wetland communities,including documented Natural Heritage wetland sites and sites which qualify as a Natural Heritage wetland; or 3. High quality, regionally rare wetland communities with irreplaceable ecological functions, including sphagnum bogs and fens, estuarine wetlands, or mature forested swamps; or 4. Wetlands of exceptional local significance. The criteria for such a designation shall be developed and adopted by the City of Kent under appropriate public review and administrative appeal procedures based upon a comprehensive wetland resource management plan.The criteria may include,but not be limited to, rarity, groundwater recharge areas, significant habitats, unique educational sites or other specific functional values within a watershed or other regional boundary. "Wetland buffer" or "wetland buffer zone" is an area that surrounds and protects a wetland from adverse impacts to the functions and values of a wetland. "Wetland classes," "classes of wetlands" or "wetland types" means the wetland classes or subclasses of the wetlands taxonomic classification system described in the U.S. Fish and Wildlife Service's Classification of Wetlands and Deepwater Habitats of the United States, FWS/OBS-79/31 (Cowardin et al., 1979). "Wetlands permit" means any permit, modification, revision or variance issued, conditioned or denied pursuant this ordinance. "Wetland edge" means the boundary of a wetland as delineated based on the definitions in this ordinance and the procedures specified in Section 4 herein. Section 3: General Provisions. A. Applicability. The requirements of this ordinance apply to all activities and development occurring in a wetland or wetland buffer as defined in Section 2 herein. Property located in a wetland or wetland buffer as defined in this ordinance is subject to both its zoning classification regulations and to the additional requirements imposed under this ordinance. In any case where there are irreconcilable differences between the provisions of the underlying zone and this ordinance, the provisions of this ordinance shall apply. 8 DRAFT WETLANDS ORDINANCE - SEPTEMBER 1992 B. Protection of General Public. It is expressly the purpose of this ordinance to protect the health, safety and welfare of the general public, and not to create or otherwise establish or designate any particular class or group of persons who will or should be especially protected or benefitted by the terms of this ordinance. C. Compliance by Owners. It is the specific intent of this ordinance to place the obligation of complying with its requirements upon the owner of the property or land within its scope, and no provision of, nor any term used in this ordinance is intended to impose any duty whatsoever upon the City, its officers, officials or employees. D. Right of Entry. Upon presentation of the proper credentials, the Director or the Director's duly authorized representative may, with the consent of the owner or occupier of land, or pursuant to a lawfully issued warrant, enter at reasonable times, any land subject to such consent or warrant, to perform the duties imposed by this ordinance. E. Liability. Nothing contained in this ordinance is intended to be nor shall be construed to create or form the basis for liability on the part of the City, or its officers, officials, employees or agents for any injury or damage resulting from the failure of any owner of property or land to comply with the provisions of this ordinance, or by reason or in consequence of any inspection, notice order, certificate, permission or approval authorized or issued in connection with the implementation or enforcement of this ordinance, or by reason of any action or inaction on the part of the City related in any manner to the enforcement of this ordinance by its officers, officials, employees or agents. F. Enforcement Authority; Rules. 1. Enforcement. The Director is hereby designated the City Official to exercise the powers granted by this ordinance. 2. Rules. The Director is authorized to adopt, in accordance with administrative procedures set by ordinance, such rules as are necessary to implement the requirements of this ordinance and to carry out the duties of the Director hereunder. Section 4: Lands to Which this Chapter Applies A. Geographic Scope. The boundaries within which this ordinance shall be effective are coextensive with the corporate City limits, and shall include all unincorporated areas annexed to the City on and after the effective date of this ordinance. B. Determination of Wetland Boundary. The exact location of the wetland boundary shall be determined by the applicant through the performance of a field investigation applying the wetland definition provided in Section 2 of this ordinance. Qualified professionals shall perform wetland delineations using the Federal Manual. Alternatively, the applicant may request the Department to perform the delineation, provided the applicant provides the Department with the necessary funding to retain and manage a qualified professional. The Department shall consult with qualified professional scientists and technical experts or other experts as needed to perform the delineation. The applicant will be charged for the costs incurred. Where the applicant has provided a delineation of the wetland boundary, the Department shall verify the accuracy of, and may render adjustments to, the boundary delineation, and the applicant may be charged by the Department for costs incurred in verifying the accuracy of the delineation. In the event the adjusted boundary delineation is contested 9 DRAFT WETLANDS ORDINANCE - SEPTEMBER 1992 by the applicant, the Department may, at the applicant's expense, obtain a second expert to perform a delineation. The decision of the second expert shall be final. Section 5. Wetlands Rating System A. The following rating system is hereby adopted for the purpose of determining the size of wetland buffers and otherwise reviewing permits under this ordinance. For the purposes of this Section, the U.S. Fish and Wildlife Service's Classification of Wetlands and Deepwater Habitats of the United States, FWS/OBS-79-31 (Cowardin et al., 1979) contains the descriptions of wetland classes and subclasses. 1. Category 1 Wetlands. Wetlands which meet any of the following criteria: a. The presence of species proposed or listed by the federal or state government as endangered, threatened, or other species identified by the City of Kent as needing special protection or the presence of critical or outstanding actual habitat for those species; b. Wetlands having 40% to 60% permanent open water in dispersed patches with two or more classes of vegetation; C. Wetlands equal to or greater than ten acres in size and having three or more wetland classes, one of which is open water; or d. The presence of plant associations of infrequent occurrence. 2. Category 2 Wetlands. Wetlands which meet any of the following criteria, and which are not Category 1 wetlands: a. Wetlands greater than one acre in size; b. Wetlands equal to or less than one acre in size and having three or more wetland classes; C. Wetlands equal to or less than one acre that have a forested wetland class; d. The presence of heron rookeries or raptor nesting trees. 3. Category 3 Wetlands. Wetlands that are equal to or less than one acre in size and that have two or fewer wetland classes, and which are not Category 1 or Category 2 wetlands. B. Wetlands of Outstanding Significance are wetlands defined in Section 2 herein, and are located within the Unique and Fragile Overlay Zone created by Kent Zoning Code Section 15.08.260, adopted by Ord./Res. _ and mapped on the City's Hazard Area Development Limitations Map, except for the Kent Sewage Lagoon. C. In order to obtain a permit to conduct regulated activities in a wetland of outstanding significance, an applicant must demonstrate to the satisfaction of the Director that application of the standards contained in this ordinance would deny all reasonable economic use of the property. D. Except in the case of wetlands of outstanding significance, regulated or allowed activities shall be permitted in isolated Category 2 wetlands of 2500 square feet or less, and 10 DRAFT WETLANDS ORDINANCE - SEPTEMBER 1992 isolated Category 3 wetlands of 10,000 square feet or less, provided that adequate on- site or off-site compensatory mitigation is provided in accordance with Section 16 herein. Section 6. Wetland Permit Required; Regulated Activities A. No regulated activity, other than maintenance and upkeep of their property by owner- occupiers of 10,000 square feet or less of isolated Category 2 or Category 3 wetlands, shall be undertaken in a wetland or wetland buffer without first obtaining a wetlands permit from the Director. Regulated activities are any of the following activities which occur in a wetland or its buffer: 1. The removal, excavation, grading, or dredging of soil, sand, gravel, minerals, organic matter, or material of any kind; 2. The dumping, discharging, or filling with any material; 3. The draining, flooding, or disturbing of the water level or water table; 4. The driving of pilings; 5. The placing of obstructions; 6. The construction, reconstruction, demolition, or expansion of any structure; 7. The destruction or alteration of wetlands vegetation through clearing, harvesting, shading, intentional burning, or planting of vegetation that would alter the character of a wetland, provided that these activities are not part of a forest practice governed under chapter 76.09 RCW and its rules; or 8. Activities that result in a significant change of water temperature, a significant change of physical or chemical characteristics of wetlands water sources, including quantity, or the introduction of pollutants. 9. Where a regulated activity is proposed which would be partly within and partly without the wetland or wetland buffer, a.wetland permit shall be required for teh entire regulated activity. The standards of this ordinance shall apply only to that part of the regulated activity which occurs within the wetland or wetland buffer unless the underlying zoning requires that the entire regulated activity comply with all or part of this ordinance. Section 7: Allowed Activities. A. No wetland permit required. The following activities shall be allowed within a wetland or wetland buffer without a wetland permit to the extent that they are not prohibited by other local, state (forest practices and conversions shall be governed by Chapter 76.09 RCW and rules promulgated thereunder) or federal law and provided that they are conducted using best management practices. This permit exemption does not apply where such activities result in the conversion of a wetland or wetland buffer to a use to which it was not previously subjected. 1. Conservation or preservation of soil, water, vegetation, fish, shellfish, and other wildlife; 2. Outdoor recreational activities, including fishing, birdwatching, hiking, boating, horseback riding, swimming, canoeing, and bicycling; II DRAFT WETLANDS ORDINANCE - SEPTEMBER 1992 3. The harvesting of wild crops in a manner that is not injurious to natural reproduction of such crops and provided the harvesting does not require tilling of soil, planting of crops, or alteration of the wetland by changing existing topography, water conditions or water sources; 4. Existing and ongoing agricultural activities; 5. The repair and maintenance (but not construction) of drainage ditches; 6. Educational activities, scientific research, and use of nature trails; 7. The placement of navigation aids and boundary markers; 8. The placement of boat mooring buoys; 9. Site investigative work necessary for land use application submittals such as surveys, soil logs, percolation tests and other related activities. In every case, wetland impacts shall be minimized and disturbed areas shall be immediately restored; B. Notice required. The following activities and uses are allowed within wetlands and wetland buffers provided that written notice at least ten days prior to the commencement of such work has been given to the Director with such exemptions as noted in Section 6.A and provided that wetland impacts are minimized and that disturbed areas are immediately restored: 1. Normal maintenance, repair, or operation of existing serviceable structures, facilities, or improved areas. Maintenance and repair does not include any modification that changes the character, scope, or size of the original structure, facility, or improved area and does not include the construction of a maintenance road; and 2. Minor modification of existing serviceable structures within a buffer zone where modification does not adversely impact wetland functions. Section 8. Emergency Activities; Temporary Emergency Permit e. Criteria for Granting a Temporary Emergency Permit. Notwithstanding the provisions of this ordinance or any other laws to the contrary, the Director may issue a temporary emergency wetlands permit if: 1. The Director determines that an imminent threat to public health, safety or the environment will occur if an emergency permit is not granted; and 2. The threat or loss may occur before a wetlands permit can be issued or modified under the procedures otherwise required by this ordinance B. Conditions of Emergency Permit. Any emergency permit granted shall: 1. Incorporate to the greatest extent practicable and feasible but not inconsistent with the emergency situation, the standards and criteria required for non-emergency activities; 2. Be limited in duration to the time required to complete the authorized emergency activity, not to exceed ninety (90) days; and 12 DRAFT WETLANDS ORDINANCE - SEPTEMBER 1992 3. Require the restoration of any wetland altered as a result of the emergency activity within the ninety-day period. If restoration is not completed within ninety days, a wetland permit must be obtained in accordance with this chapter. C. Emergency Utility Repairs. Emergency repairs to utilities that require immediate attention and which would endanger the public if a temporary emergency permit were required shall be allowed for a period not exceeding 72 hours. Section 9. Prohibited Activities. Activities not specifically described by this ordinance as Allowed or Regulated, and which do not constitute Emergency Activities under Section 8 or Non-conforming Activities under Section are prohibited. In order to conduct an otherwise prohibited activity in a wetland or wetland buffer, the applicant must satisfy the requirements for a special exception, as described in Section 17. Section 10. General Permit Requirements and Procedures. A. Inconsistent Development Prohibited. No activity or development shall be undertaken and no use shall be established in a wetland or a wetland buffer unless the Director has determined that it is consistent with the provisions of this ordinance. B. Standards. A wetlands permit shall only be granted if the proposed regulated activity, as conditioned, is consistent with the provisions of this ordinance, all other applicable laws and: 1. The proposed regulated activity avoids adverse impacts to wetlands and wetland buffers; or the applicant has demonstrated that any adverse impacts of the regulated activity are both unavoidable and necessary, and affirmative and appropriate measures are proposed as conditions which will minimize and compensate for unavoidable impacts; and 2. The proposed regulated activity results in no net loss of wetland area; or 3. Refusal to grant a permit would deny the applicant all reasonable economic use of the subject property. C. Procedures. 1. The burden of proving that an allowed or regulated activity meets the applicable standards for a permit shall be on the applicant. 2. The applicant may be required to submit information or data, in addition to that routinely required with permit applications, sufficient to enable the Director to evaluate the proposed Activity or to prepare any necessary environmental documents. 3. In addition to other requirements provided in this ordinance, the Director may attach to the permit any conditions necessary to ensure compliance with this ordinance and all other applicable laws. Performance bonds and fees for monitoring activities may be required to ensure compliance with the conditions. 4. Nothing in this section shall be construed to limit the Director's authority to condition or deny a project pursuant to the State Environmental Policy Act. 5. The Department shall, to the extent practicable and feasible, consolidate the processing of wetlands related aspects of other City regulatory programs which 13 DRAFT WETLANDS ORDINANCE - SEPTEMBER 1992 affect activities in wetlands, such as subdivision, clearing and grading, floodplain, and environmentally sensitive chapter, etc., with the Wetland Permit process established herein so as to provide a timely and coordinated permit process. D. Application Requirements. 1. Applications for wetland permits shall be made by the property owner, lessee, contract purchaser, or by an authorized agent thereof. 2. All applications for wetland permits shall be made to the Director on a form provided by the Director. 3. Applications shall be accompanied by the payment of the applicable filing fees, as established by rule or ordinance. 4. All applications shall contain the submittal information required by rule for wetland permits. 5. An application shall be deemed abandoned and void if the applicant has failed without reasonable justification to supply all reasonable data within 60 days of a request for it; provided that the Director may extend the period for such submission if it is determined that the delay was not the fault of the applicant. Section 11. Wetland Buffers A. Standard Buffer Zone Widths Wetland buffer zones shall be required for all regulated activities adjacent to wetlands. Any wetland created, restored or enhanced as compensation for approved wetland alterations shall also include the standard buffer required for the category of the created, restored, or enhanced wetland. All buffers shall be measured from the wetland boundary as surveyed in the field pursuant to the requirements of Section 4. The width of the wetland buffer zone shall be determined according to the rating assigned to the wetland in accordance with Section 5. 1. For Class I wetlands, the minimum buffer zone shall be 100 feet. 2. For Class 2 and 3 wetlands, the minimum buffer zone shall be 50 feet. Except that, isolated Class 2 wetlands of 2500 square feet or less, and isolated Class 3 wetlands of 10,000 square feet or less, shall have a minimum buffer zone of 25 feet. B. Increased Wetland Buffer Zone Width The City may require increased buffer zone widths on a case-by-case basis when a larger buffer is necessary to protect wetland functions and values based on local conditions. This determination shall be supported by appropriate documentation showing that it is reasonably related to protection of the functions and values of the wetland. The documentation must demonstrate that: 1. A larger buffer is necessary to maintain a viable population of existing species; or 2. The wetland is used by species listed by the federal government or the state as endangered, threatened, sensitive or documented priority species or habitats, or 14 DRAFT WETLANDS ORDINANCE - SEPTEMBER 1992 essential or outstanding potential habitat for those species or has unusual nesting or resting sites such as heron rookeries or raptor nesting trees; 3. The adjacent land is susceptible to severe erosion and erosion control measures will not effectively prevent adverse wetland impacts; or 4. The adjacent land has minimal vegetative cover or slopes greater than 15 percent. C. Reduction of Standard Wetland Buffer Zone Width The City may reduce the standard wetland buffer zone width on a case-by-case basis where it can be demonstrated that: 1. The adjacent land is extensively vegetated and has less than 15 percent slopes and that no direct or indirect, short-term or long-term, adverse impacts to wetlands will result from a regulated activity. The City may require long-term monitoring of the project and subsequent corrective actions if adverse impacts to wetlands are discovered; and 2. The project includes a buffer enhancement plan using native vegetation which substantiates that an enhanced buffer will improve the functional attributes of the buffer to provide additional protection for wetland functions and values. An enhanced buffer shall not result in greater than a 25 percent reduction in the buffer width or be less than 25 feet. D. Standard Buffer Width Averaging Standard wetland buffer zones may be modified by averaging buffer widths. Wetland buffer width averaging shall be allowed only where the applicant demonstrates all of the following: 1. Averaging will provide the necessary biological, chemical and physical support necessary to protect the wetland in question, taking into account the type, intensity, scale and landscape location of the proposed land use; 2. The wetland contains variations in sensitivity due to existing physical characteristics which justify the averaging; 3. The land uses causing the least disturbance would be located adjacent to areas where buffer width is reduced, and that such land uses are guaranteed in perpetuity by covenant, deed restriction, easement, or other legally binding mechanism; 4. Width averaging will not adversely impact the wetland functional values; 5. The total area contained within the wetland buffer after averaging is no less than that contained within the standard buffer prior to averaging. In no instance shall the buffer width be reduced by more than 50% of the standard buffer or be less than 25 feet. E. Except as otherwise specified, wetland buffer zones shall be retained in their natural condition. Where buffer disturbance has occurred during construction, revegetation with native vegetation may be required. 15 DRAFT WETLANDS ORDINANCE - SEPTEMBER 1992 F. Permitted Uses in a Wetland Buffer Zone. Regulated activities shall not be allowed in a buffer zone except for the following: 1. Activities and maintenance having minimal adverse impacts on buffers and no adverse impacts on wetlands. These may include low intensity, passive recreational activities such as pervious trails, nonpermanent wildlife watching blinds, short term scientific or educational activities, and sports fishing. 2. Stormwater management facilities if designed according to the Draft Guidelines for Wetlands and Stormwater Management (published by the Puget Sound Wetlands and Stormwater Management Research Program, August 30, 1990), or other guidance which may subsequently be published by the Center for Urban Water Resources Management, University of Washington (206-782-7401),and if no reasonable alternative on-site location is available; and 3. Biofiltration swales, if sited and designed so that the buffer zone as a whole provides the necessary biological, chemical and physical support necessary to protect the wetland in question, taking into account the type, location, intensity, scale and landscape location of the proposed land use. Section 12. Avoiding Wetland Impacts A. Regulated activities shall not be authorized in a wetland except where it can be demonstrated that the impact is both unavoidable and necessary or that all reasonable economic uses are denied. B. With respect to wetlands of outstanding significance, an applicant must demonstrate that denial of the permit would impose an extraordinary hardship on the part of the applicant brought about by circumstances peculiar to the subject property. C. With respect to all other wetlands, the following provisions shall apply: 1. For water-dependent activities, unavoidable and necessary impacts can be demonstrated where there are no practicable alternatives which would not involve a wetland or which would not have less adverse impact an a wetland, and would not have other significant adverse environmental consequences. Stormwater management facilities will be considered in wetlands subject to review under the wetlands and stormwater management guidelines referenced in Section 6.1.F.2., and all other applicable provisions in this chapter, except that under no circumstances will such facilities be permitted in wetlands of outstanding significance. 2. Where nonwater-dependent activities are proposed, the applicant must demonstrate that: a. The basic project purpose cannot reasonably be accomplished using an alternative site in the general region that is available to the applicant and may feasibly be used to accomplish the project. b. A reduction in the size, scope, configuration, or density of the project as proposed and all alternative designs of the project as proposed that would avoid, or result in less, adverse impact on a wetland or its buffer will not accomplish the basic purpose of the project; and c. In cases where the applicant has rejected alternatives to the project as proposed due to constraints such as zoning, deficiencies of infrastructure, or parcel size, the applicant has made reasonable attempt to remove or accommodate such constraints. 16 DRAFT WETLANDS ORDINANCE - SEPTEMBER 1992 Section 13. Limited Density Transfer For residential development proposals on lands containing wetland buffers, the Planning Department shall determine allowable dwelling units based on the formula below. The maximum number of dwelling units(DU)for a lot or parcel which contains wetland buffers shall be equal to: (ACRES IN BUFFER) X (DU/ACRE) X (DENSITY CREDIT) Percentage of site in buffers Density Credit 1-10% 100% 11-20% 90% 21-30% 80% 31-40% 70% 41-50% 60% 51-60% 50% 61-70% 40% 71-80% 30% 81-90% 20% 91-99% 10% The density credit can only be transferred within the development proposal site. Density credit shall not be allowed for portions of the site occupied by wetlands. Section 14. Sensitive Area Tracts A. Condition of Permit. The Director shall require that a permittee create a separate sensitive area tract containing the areas determined to be wetland and/or wetland buffer. Sensitive area tracts are separate tracts containing wetlands and wetland buffers with perpetual deed restrictions requiring that the tract remain undeveloped. Sensitive area tracts are an integral part of the lot in which they are created, are not intended for sale, lease or transfer, and shall be included in the area of the parent lot for purposes of subdivision method and minimum lot size. B. Protection of Sensitive Area Tracts. The Director shall require, as a condition of any permit issued hereunder, that the sensitive area tract created pursuant to subsection E.1 above be protected by one of the following methods: 1. The permittee shall dedicate to the City or other public or non-profit entity specified by the Director, an easement for the protection of native vegetation within a wetland and/or its buffer; or 2. The permittee shall record against the property, a permanent and irrevocable deed restriction on all lots containing a sensitive area tract or tracts created as a condition of the permit. Such deed restriction(s) shall be approved by the Director and the City Attorney and prohibit in perpetuity the development, alteration, or disturbance of vegetation within the sensitive area tract except for purposes of habitat enhancement as part of an enhancement project which has received prior written approval from the City and any other agency with jurisdiction over such activity. Section 15. Notice on Title The owner of any property with field verified presence of wetlands or wetland buffers for which a wetland permit application is submitted shall, as a condition of permit issuance, record a notice of the existence of such wetland or wetland buffer against the property with the King County Department of Records and Elections. The notice shall be approved by the Director and the City 17 DRAFT WETLANDS ORDINANCE - SEPTEMBER 1992 Attorney for compliance with this provision. The titleholder will have the right to challenge this notice and to have it deleted if the wetland designation no longer applies. Section 16. Compensating for Wetland Impacts A. Condition of Permit. As a condition of any permit allowing alteration of wetlands and/or wetland buffers, or as an enforcement action pursuant to Section 23, the Director shall require that the applicant engage in the restoration, creation or enhancement of wetlands and their buffers in order to offset the impacts resulting from the applicant's or violator's actions. The applicant shall develop a plan that provides for land acquisition,construction, maintenance and monitoring of replacement wetlands that recreate as nearly as possible the original wetlands in terms of acreage, function, geographic location and setting. B. Goal. The overall goal of any compensatory mitigation project shall be to replace the same type of wetland lost, with all associated functions and values. No net loss of wetland acreage shall be required. Compensation shall be completed prior to wetland destruction, where possible. C., Performance Standards. Compensatory mitigation shall follow a mitigation plan which includes the components listed in Subsection E, and which is approved by the Director. All mitigation plans shall meet the following minimum performance standards: 1. Given the uncertainties in scientific knowledge and the need for expertise and monitoring, wetland compensatory projects may be permitted only when the Director finds that the compensation project is associated with an activity or development otherwise permitted and that the restored, created, or enhanced shall: will be as persistent as the wetland it replaces. Additionally, applicants 2. Demonstrate sufficient scientific expertise, supervisory capability, and financial resources to carry out the mitigation project; a. Demonstrate the capability for monitoring the site and to make corrections during this period if the project fails to meet projected goals; and b. Protect and manage or provide for the protection and management of the compensation area to avoid further development or degradation and to provide for long-term persistence of the compensation area. D. Wetlands Restoration and Creation. 1. Any person who alters wetlands shall restore or create equivalent areas or greater areas of wetlands than those altered in order to compensate for wetland losses. 2. Acreage replacement ratio. The ratio of 1.5:1 shall be the standard ratio and shall apply to creation or restoration which is in-kind, onsite, timed prior to or concurrent with alteration, and has a high probability of success. This ratio does not apply to remedial actions resulting from illegal alterations. The first number specifies the acreage of wetlands requiring replacement and the second specifies the acreage of wetlands altered. 3. Increased Replacement Ratio. The Director may increase the standard ratio under the following circumstances: a. High degree of uncertainty as to the probable success of the proposed restoration or creation; - b. Significant period of time between destruction and replication of wetland functions; 18 DRAFT WETLANDS ORDINANCE - SEPTEMBER 1992 c. Projected losses in functional value and other uses, such as recreation, scientific research and education, relatively high; d. Not possible to create or restore same type of wetland; e. Offsite compensation is offered. 4. Decreased Replacement Ratio. The Director may decrease the standard ratio under the following circumstances: a. Findings of special studies coordinated with agencies with expertise which demonstrate that no net loss of wetland function or value is attained under the decreased ratio. b. In all cases, a minimum acreage replacement ratio of 1:1 shall be required. 5. Wetlands Enhancement. a. Any applicant proposing to alter wetlands may propose to enhance existing significantly degraded wetlands in order to compensate for wetland losses, only when onsite, in-kind, and offsite, in-kind replacement is not feasible. Applicants proposing to enhance wetlands shall identify how enhancement conforms to the overall goals and requirements of the wetlands protection program and established regional goals. b. A wetlands enhancement compensation project shall be considered provided that enhancement for one function and value will not degrade another function or value. Acreage replacement ratios shall be increased to 3:1 or greater to recognize existing functional values. Wetlands of outstanding significance shall not be enhanced. 6. Wetland Type. In-kind compensation shall be provided except where the applicant can demonstrate that: a. The wetland system is already significantly degraded and out-of-kind replacement will result in a wetland with greater functional value; b. Technical problems such as exotic vegetation and changes in watershed hydrology make implementation of in-kind compensation impossible; or c. Out-of-kind replacement will best meet identified regional goals (eg., replacement of historically diminished wetland types). Where out-of-kind replacement is accepted, greater acreage replacement ratios may be required to compensate for lost functional values. 7. Location. On-site compensation shall be provided except where the applicant can demonstrate that: a. The hydrology and ecosystem of the original wetland and those who benefit from the hydrology and ecosystem will not be substantially damaged by the onsite loss; and b. Onsite compensation is not scientifically feasible due to problems with hydrology, soils, or other factors; or c. Compensation is not practical due to potentially adverse impacts from surrounding land uses; or 19 DRAFT WETLANDS ORDINANCE - SEPTEMBER 1992 d. Existing functional values at the site of the proposed restoration are significantly greater than lost wetland functional values; or e. Established regional goals for flood storage, flood conveyance, habitat or other wetland functions have been established and strongly justify location of compensatory measures at another site. 8. Offsite compensation shall occur within the same watershed as the wetland loss occurred, unless the applicant can demonstrate extraordinary hardship. 9. In selecting compensation sites, applicants shall pursue siting in the following order of preference: a. Upland sites which were formerly wetlands; b. Idled upland sites generally having bare ground or vegetative cover consisting primarily of exotic introduced species, weeds, or emergent vegetation; and c. Other disturbed upland. 10. Timing. Where feasible, compensatory projects shall be completed prior to activities that will disturb wetlands, immediately after activities that will temporarily disturb wetland, and prior to use or occupancy of the activity or development which was conditioned upon such compensation. Construction of compensation projects shall be timed to reduce impacts to existing wildlife and flora. 11. Cooperative Restoration, Creation or Enhancement Projects (Mitigation Banks) The City encourages, and may facilitate and approve cooperative projects wherein a single applicant or other organization with demonstrated capability may undertake a compensation project with funding from other applicants. Any mitigation banking must be consistent with all requirements of this chapter. E. Components of Mitigation Plans. All wetland restoration, creation and/or enhancement projects required pursuant to this chapter either as a permit condition or as the result of an enforcement action shall follow a mitigation plan prepared by qualified wetland professionals approved by the Director. The applicant or violator must receive written approval of the mitigation plan by the Director prior to commencement of any wetland restoration, creation or enhancement activity. The mitigation plan shall contain at least the following components: 1. Baseline Information. A written assessment and accompanying maps of the impacted wetland including, at a minimum, wetland delineation; existing wetland acreage; vegetative, faunal and hydrologic characteristics; soil and substrate conditions; and topographic elevations. If the compensation site is different from the impacted wetland site, baseline information should also include existing acreage; relationship within watershed and to existing waterbodies; existing and proposed adjacent site conditions; buffers; and ownership. 2. Environmental Goals and Objectives. A written report shall be provided identifying goals and objectives and describing: site selection criteria; compensation goals; target evaluation species and resource functions; dates for beginning and completion; and a complete description of the functions and values sought in the new wetland. The goals and objectives shall be related to the functions and values of the original wetland, or if out-of-kind, the type of wetland to be emulated. The report shall also include an analysis of the likelihood of success of the compensation project at duplicating the original wetland, and the long-term viability of the project, based on the experiences of comparable projects, if any. 20 DRAFT WETLANDS ORDINANCE - SEPTEMBER 1992 3. Performance Standards. Specific measurable criteria shall be provided for evaluating whether the goals and objectives of the project are being achieved, and for determining when and if remedial action or contingency measures should be implemented. Such criteria may include water quality standards, survival rates of planted vegetation, species abundance and diversity targets, habitat diversity indices, or other ecological, geological or hydrological criteria. 4. Detailed Construction Plans. Written specifications and descriptions of compensation techniques shall be provided, as specified by the Director. 5. Monitoring Program. A program outlining the approach for monitoring construction of the compensation project and for assessing a completed project shall be provided. 6. Contingency Plan. Identification of potential courses of action, and any corrective measures to be taken when monitoring or evaluation indicates project performance standards are not being met. 7. Permit Conditions. Any compensation project prepared pursuant to this section and approved by the Director shall become part of the application for the permit. 8. Performance Bonds and Demonstration of Competence. A demonstration of financial resources, administrative, supervisory, and technical competence and scientific expertise of sufficient standing to successfully execute the compensation project shall be provided. A compensation project manager shall be named and the qualifications of each team member involved in preparing the mitigation plan and implementing and supervising the project shall be provided, including educational background and areas of expertise, training and experience with comparable projects. In addition, bonds ensuring fulfillment of the compensation project, monitoring program, and any contingency measure shall be posted in the amount of one hundred twenty (125) ` percent of the expected cost of compensation, plus a factor to be determined to allow for inflation during the time the project is being monitored, and a ten (10) percent administration fee to reimburse the City for costs incurred during the course of the monitoring program. 9. Consultation with Other Agencies. Applicants are encouraged to consult with federal, state, local agencies and tribes having expertise or interest in a compensatory mitigation proposal. Section 17. Reasonable Use - Exceptions to Standards A. If an applicant for a development proposal demonstrates to the satisfaction of the Director that application of the standards of this ordinance would deny all reasonable economic use of the property, development as conditioned shall be allowed if the applicant also demonstrates all of the following to the satisfaction of the Director: 1. That the proposed development is water-dependent or requires access to the wetland as a central element of its basic function, or is not water-dependent but has no practicable alternative pursuant to Section 16; 2. That no reasonable use with less impact on the wetland and its buffer is possible(e.g., agriculture, aquaculture, transfer or sale of development rights or credits, sale of open space easements, etc.); 3. That there is no feasible on-site alternative to the proposed development, including reduction in density,phasing of project implementation,change in timing of activities, revision of road and lot layout, and/or related site planning considerations, that would 21 DRAFT WETLANDS ORDINANCE - SEPTEMBER 1992 allow a reasonable economic use with less adverse impacts to wetlands and wetland buffers; 4. That the proposed development will result in minimum feasible alteration or impairment to the wetland's functional characteristics and its existing contours, vegetation, fish and wildlife resources, and hydrological conditions; 5. That disturbance of wetlands has been minimized by locating any necessary alteration in wetland buffers to the extent possible; 6. That the proposed development will not jeopardize the continued existence of species listed by the federal government or the state as endangered, threatened, sensitive, or documented priority species or priority habitats; 7. That the proposed development will not cause significant degradation of groundwater or surface-water quality; 8. That the proposed development complies with all state, local and federal laws, including those related to sediment control, pollution control, floodplain restrictions, and on-site wastewater disposal; 9. That any and all alterations to wetlands and wetland buffers will be mitigated as provided in Section 6.6. 10. That there will be no damage to nearby public or private property and no threat to the health or safety of people on or off the property; and 11. That the inability to derive reasonable economic use of the property is not the result of actions by the applicant, or the present or prior owner of the property, in segregating or dividing the property and creating the undevelopable condition after the effective date of this chapter. B. Prior to granting any special exception under this section, the Director shall make written findings on each of the items listed in this subsection. As part of any special exception under this section, the applicant shall be required to take deliberate measures to minimize wetland impacts. Section 18. Non-conforming Wetland Activities A. A non-conforming wetland activity is one which was begun, and to which significant economic resources were committed prior to the adoption of this ordinance, but which activity is not in conformity with the provisions of this ordinance. A wetland permit shall be required for any non-conforming wetland activity if the Director determines that the activity has been: 1. expanded, changed, enlarged or altered in any way after the adoption of this ordinance, such as to increase the extent of its nonconformity; 2. discontinued for twelve continuus months after the adoption of this ordinance, except in cases of discontinuance for normal agricultural practices; or 3. damaged or destroyed by fire, flood, explosion, wind, earthquake, war, riot or other natural disaster, and where the cost of restoration exceeds fifty percent of the fair market value of the activity at the time of damage. 22 DRAFT WETLANDS ORDINANCE - SEPTEMBER 1992 B. Activities or adjuncts thereof that either are or become nuisances are not non-conforming as defined herein and shall not be entitled to continue. Section 19. Commencement of Regulated Activities or Development No construction pursuant to a wetland permit authorized by this ordinance shall begin or be authorized until all necessary permits for construction have been obtained and all review and appeal proceedings have been terminated. Section 20. Time Limits for Permit Validity. The following time requirements shall apply to all wetland permits: A. Permit authorization shall terminate within three years after approval of the permit by the Director, PROVIDED that the Director may authorize a single extension prior to the end of the time limit for up to one year based upon reasonable factors. The extension may only be granted based upon a written request from the applicant. The Director may require updated studies or additional information prior to granting the extension. B. The running of the permit time period shall not include the time during which an activity was not actually pursued due to the pendency of reasonably related administrative appeals or litigation. Section 21. Revisions to Permits When an applicant seeks to revise a permit, the Director shall request from the applicant detailed plans and text describing the proposed changes in the permit. The Director shall approve the permit where the Director determines that the proposed changes are within the scope and intent of the original permit. If the proposed changes are not within the scope and intent of the original permit, the applicant shall apply for a new permit in the manner provided for in this ordinance. Section 22. Rescission or Suspension of Permits The Director may rescind or suspend a wetland permit after holding a public hearing, if any of the following conditions are found: A. The permittee has developed the site in a manner not authorized by the permit; B. The permittee has not complied with the conditions of the permit; C. The permittee has secured the permit with false or misleading information; or D. The permit was issued in error. Notice of the hearing on a proposed permit rescission shall be mailed to the permittee not less than fifteen days prior to the date of the hearing. Section 23. Enforcement Procedures for investigation and notice of violation, compliance and the imposition of civil penalties for the violation of any requirements of this ordinance shall be as specified in Chapter 15.10, Enforcement of the Zoning Code. 23 DRAFT WETLANDS ORDINANCE - SEPTEMBER 1992 Section 24. Appeals. The following final decisions of the Director may be appealed to the Hearing Examiner, as set forth in Kent City Code Chapter 2.54: A. Conditioning or denial of a wetland permit; or B. Denial of a special exception under Section 17 of this ordinance. The Hearing Examiner shall give substantial weight to any final discretionary decision of the Director rendered pursuant to this ordinance. Section 25. Severability The provisions of this ordinance are declared to be separate and severable. The invalidity of any clause, sentence, paragraph, section or portion of this ordinance or the application thereof to any person or circumstances, shall not affect the validity of the remainder of this ordinance or the validity of its application to other persons or circumstances. Section 26. Effective Date This ordinance shall take effect and be in force thirty (30) days from and after its passage, approval and publication as provided by law. 24 Draft AQUIFER RBCHARGE AREAS [To be added to the Comprehensive Plan - Public Utilities Element] GOAL: Maintain the high guality of the City's groundwater by protecting important ground water recharge areas from contamination. Objective: Continue to participate in regional ground water management plans such as the South King County Groundwater Management Program. Objective: As Part of the environmental review of new development consider the impacts of new development on the ground water recharge areas of potable water sources, and require appropriate mitigation measures. caquifer Draft GEOLOGICALLY HAZARDOUS AREAS [To be added to the Comprehensive Plan: Human Environment Element] Add to Goal 2 : Objective 3 : As part of the environmental review of new development consider geologic hazards posed by: erosion landslides earthquakes, coal mines, volcanic activity, and other geologic hazards. Ensure that development is appropriately sited and that adequate mitigation is provided to address any geologic hazards. a:gcohaz r KENT PLANNING COMMISSION MINUTES August 24 , 1992 The meeting of the Kent Planning Commission was called to order by Chair Antley at 7: 00 P.M. on August 24 , 1992 in the Kent City Hall, City Council Chambers. PLANNING COMMISSION MEMBERS PRESENT: Tracy Antley, Chair Linda Martinez , Vice Chair Gwen Dahle Christopher Grant Albert Haylor Edward Heineman Kent Morrill Raymond Ward PLANNING COMMISSION MEMBERS ABSENT: Greg Greenstreet PLANNING STAFF MEMBERS PRESENT: James P. Harris, Planning Director Fred N. Satterstrom, Planning Manager Kevin O 'Neill, Planner Anne Watanabe, Planner Leslie Herbst, Recording Secretary APPROVAL OF JUNE 22 1992 PLANNING COMMISSION MINUTES Commissioner Martinez MOVED to accept the June 22 , 1992 minutes as presented. Commissioner Heineman SECONDED the motion. Motion CARRIED. FAREWELL TO TRACY ANTLEY Commissioner Martinez thanked Chair Antley for her outstanding leadership through her two terms as Chair of the Planning Commission. Chair Antley said that staff has given new meaning to the term "public servant" and it has been an honor and a pleasure to work with them. She urged her fellow Commissioners to remember what it means to be part of the public trust and wished them much success as Planning Commissioners. CRITICAL AREAS - ZCA-91-3 AND CPA-91-1 Chair Antley referred to the Draft Wetlands Ordinance dated July 1992 which includes all the changes the Commission has made Kent Planning Commission August 24 , 1992 over the last few months. She recommended that they go through the ordinance a section at a time. Section 1. short Title, Authority and Purpose Commissioner Martinez MOVED to accept Section 1 as written for forwarding to the City Council. Commissioner Heineman SECONDED the motion. Motion CARRIED. section 2 . Definitions Commissioner Ward MOVED to accept Section 2 as written. Commissioner Grant SECONDED the motion. Commissioner Martinez made a friendly amendment to delete the new definition of "growing season" . She felt that it complicates things because it gives Kent a unique and different definition of growing season than any other body within the state. Commissioners Ward and Grant accepted the friendly amendment. Anne Watanabe of the Planning Department pointed out that the words "during the growing season" were also added to the definition of "wetlands" . Chair Antley said that means they would also have to delete that language from the definition of "wetlands" to make the ordinance consistent. Commissioner Haylor felt the definitions should remain as they are, otherwise it would snowball and they would end up tearing apart the whole document which they had already worked on. Commissioners Ward and Grant did not accept the addition to the friendly amendment so the friendly amendment failed. Commissioner Heineman said he was instrumental in having this definition added in the beginning because he felt the definition of wetland was not suitable for our particular area. He thinks if the Commission believes they are correct, they should not change their view merely to be in conformity with other jurisdictions. He made a friendly amendment to retain the definition of growing season and add "Growing season, for the purposes of these regulations, may be considered to be the period from March 1 through October 31 of any calendar year" . Commissioner Morrill SECONDED the friendly amendment. Commissioners Ward and Grant accepted the friendly amendment. Ms. Watanabe said that language would conform very closely with the way the growing season is actually interpreted right now, so it would avoid some of the confusion that might otherwise arise. Commissioner Martinez asked how the field person would interpret it if we have two definitions of growing season. Ms. Watanabe said that in light of the fact that the current draft is referencing the 1987 Manual, she doesn't think they are setting up a total inconsistency. 2 Kent Planning Commission August 24 , 1992 The motion with the friendly amendment CARRIED. Section 3. General Provisions Commissioner Heineman MOVED to accept Section 3 . Commissioner Haylor SECONDED the motion. Motion CARRIED. Section 4. Lands to Which this chapter Applies Commissioner Haylor MOVED to accept Section 4 . Commissioner Morrill SECONDED the motion. Motion CARRIED. Section S. Wetlands Rating System Commissioner Haylor MOVED to accept Section 5 . Commissioner Morrill SECONDED the motion. Motion CARRIED. Section 6. Wetland Permit Required; Regulated Activities Commissioner Haylor MOVED to accept Section 6 . Commissioner Morrill SECONDED the motion. Motion CARRIED. Section 7. Allowed Activities Commissioner Morrill MOVED to accept Section 7 . Commissioner Haylor SECONDED the motion. Motion CARRIED. Section S. Emergency Activities; Temporary Emergency Permit Commissioner Ward MOVED to accept Section S . Commissioner Martinez SECONDED the motion. Motion CARRIED. Section 9 . Prohibited Activities commissioner Haylor MOVED to accept Section 9 . Commissioner Morrill SECONDED the motion. Motion CARRIED. Section 10. General Permit Requirements and Procedures Commissioner Haylor MOVED to accept Section 10 . Commissioner Morrill SECONDED the motion. Motion CARRIED. Section 11. Wetland Buffers Commissioner Haylor MOVED to accept Section 11 . Commissioner Heineman SECONDED the motion. Motion CARRIED. 3 Kent Planning Commission August 24, 1992 Section 12 . Avoiding Wetland Impacts Commissioner Martinez MOVED to accept Section 12 . Commissioner Haylor SECONDED the motion. Motion CARRIED. Section 13. Limited Density Transfer Commissioner Haylor MOVED to accept Section 13 . Commissioner Morrill SECONDED the motion. Motion CARRIED. Section 14. Sensitive Area Tracts Commissioner Haylor MOVED to accept Section 14 . Commissioner Morrill SECONDED the motion. Motion CARRIED. Section 15. Notice on Title Commissioner Martinez MOVED to accept Section 15 . Commissioner Heineman SECONDED the motion. Motion CARRIED with Commissioner Haylor voting against. Section 16. Compensating for Wetland Impacts Commissioner Haylor MOVED to accept Section 16 . Commissioner Morrill SECONDED the motion. Motion CARRIED. Section 17 . Reasonable Use - Exceptions to Standards Commissioner Haylor MOVED to accept Section 17 . Commissioner Morrill SECONDED the motion. Motion CARRIED. Section 18. Non-conforming Wetland Activities Commissioner Haylor MOVED to accept Section 18 . Commissioner Morrill SECONDED the motion. Motion CARRIED. Section 19. Commencement of Regulated Activities or Development Commissioner Haylor MOVED to accept Section 19 . Commissioner Morrill SECONDED the motion. Motion CARRIED. Section 20. Time Limits for Permit Validity Commissioner Haylor MOVED to accept Section 20 . Commissioner Morrill SECONDED the motion. Motion CARRIED. 4 Kent Planning Commission August 24 , 1992 Section 21. Revisions to Permits Commissioner Haylor MOVED to accept Section 21 . Commissioner Morrill SECONDED the motion. Motion CARRIED. Section 22 . Rescission or Suspension of Permits Commissioner Haylor MOVED to accept Section 22 . Commissioner Morrill SECONDED the motion. Motion CARRIED. Section 23. Enforcement Commissioner Morrill MOVED to accept Section 23 . Commissioner Haylor SECONDED the motion. Motion CARRIED. Section 24. Appeals Commissioner Haylor MOVED to accept Section 24 . Commissioner Morrill SECONDED the motion. Motion CARRIED. Section 25. Severability Commissioner Haylor MOVED to accept Section 25 . Commissioner Morrill SECONDED the motion. Motion CARRIED. Section 26. Effective Date Commissioner Heineman MOVED to accept Section 26 . Commissioner Ward SECONDED the motion. Motion CARRIED. Ted Knapp asked that a letter that was sent to the Commissioners by the Chamber of Commerce be made part of the public record. Commissioner Martinez pointed out that the letter was received after the public hearing was closed. Chair Antley said the letter would be part of the public record to the extent that every letter they receive is part of the public record. She suggested that he go ahead and send it to the City Council members. Commissioner Heineman MOVED to accept the draft statement on Aquifer Recharge Areas and recommend to Council that it be added to the Public Utilities Element of the Comprehensive Plan. Commissioner Ward SECONDED the motion. Motion CARRIED. Commissioner Martinez MOVED to add the Geologically Hazardous Areas draft to Goal 2 of the Human Environment Element of the Comprehensive Plan. Commissioner Haylor SECONDED the motion. Motion CARRIED. 5 Kent Planning Commission August 24 , 1992 GROWTH MANAGEMENT PLANNING GOALS Kevin O'Neill of the Planning Department said that the 1990 Growth Management Act outlined several planning goals that were to provide the framework for each jurisdiction in doing their own individual comprehensive plans. The 1991 amendment to that Act required each county to further refine and adopt countywide planning policies so that every jurisdiction within the county would be fairly consistent with certain types of framework policies. Early this year we went through an intensive public participation process called the Kent Community Forum and the Visual Preference Survey where we went out to the community and asked several questions relating to growth management issues and also asked citizens to respond to the type of development pattern they'd like to see in the community in the future. What this process does is fuse those three processes in terms of proposing framework planning goals for the City which are modeled after the state and county goals, but also involve some of the local planning priorities which were indicated throughout the Community Forum and Visual Preference Survey process. Mr. O 'Neill pointed out that they went through a public process on these draft goals. They developed a questionnaire which was sent to each person who participated in the Community Forum. They also had two public forums where they presented some of these ideas and got comments from people. Since staff went through all of the goals in some detail at the last workshop, Mr. O'Neill proposed to highlight some of the changes which are based on comments received from the Commissioners and also from the public during the questionnaire and public forum process. The subject categories were selected to follow as closely as possible the 13 planning goals in the Growth Management Act. Some additions were made based on issues that are important in Kent, particularly human services, urban design and economic development. In the Urban Growth category, a minor change was made to UG-1 to emphasize that the particular type of urban sprawl that we would seek to minimize would be the conversion of undeveloped land not presently in the City into low density urban development. The last sentence of UG-2 has been modified to say "The Urban Growth Area shall provide enough land to accommodate at least twenty years of residential, commercial, and industrial growth. . . 6 Kent Planning Commission August 24 , 1992 The words "at least" were added because some of the people who reviewed the goals felt that twenty years was too limiting and perhaps we should be looking beyond that. Regarding UG-61 background information was provided to the Commissioners relating to the specific description of urban centers in the Countywide Planning Policies. A map was also provided showing what a conceptual 1-1/2 square mile urban center might look like. There are four Transportation goals which emphasize the multi-modal approach to transportation. They also emphasize the support for development of public transit and programs which reduce the number of single occupancy vehicles. People in the Community Forum process felt strongly about both of these issues. In terms of Housing, H-1 was amended to emphasize that we would be preserving and improving single-family and multi-family residential neighborhoods. The first word of H-3 was changed from "ensure" to "encourage" and the second sentence was changed to read "Assure that opportunities for a diversity of housing are available to all income levels" . The same type of change was made in H-7 to say "ensure opportunities for affordable housing" as opposed to just "ensure affordable housing" . The human services goals have not been changed since the workshop. In Economic Development, Mr. O'Neill suggested that the Commissioners might want to make the same type of change in ED-1 that they made to the Urban Growth section and say "at least the next 20 years of growth" to make it a little more flexible. Anne Watanabe said that the first item under Property Rights, which was intended to be a restatement of what the constitutional law is with regard to compensation for takings, was deleted. It generated a lot of comments as far as interpreting the section and because it was simply meant to reflect existing constitutional protections for landowners, they felt it was best to just leave it out. Under the Permits section, the public' s health was added to P-1 in addition to the safety and welfare being involved. In the Natural Resource Industries section, an example of clustered patterns of residential development being appropriate in rural areas was deleted from NR-4 because the comments received indicated it was rather confusing. 7 Kent Planning Commission August 24 , 1992 Under Open Space and Recreation, OS-1 was split into two sentences to make it a little more comprehensible. OS-5 was added to address that there be some ra reuest from the egar Parks ding the r gularupdatepoftthet language Comprehensive Park Plan. There were no changes to the Environment section. Mr. O'Neill said the Public Facilities goals are meant to emphasize the goals in the Act and the Countywide Planning policies about linking development with services and the ability to pay for Urban Design is a section for which there is no framework under Growth Management. It has been an emphasis of our planning to date and these goals make it clear that it will continue to be so. There were no changes to the Historic Preservation section. The Growth Management Act requires early and continuous public participation and the Community Involvement section is a proposed local goal relating to that. Commissioner Martinez asked if there is anything that the Commission or the City has done or the way we are funding our infrastructure that is absolutely counter to what we're saying in goal PF-2 . She particularly was thinking of the way we fund LID' s as a reactive mode. She believes the intent of PF-2 is to push us toward something else and wondered if that was the understanding of the Planning Department as well. Mr. O'Neill said it is. The Act makes it perfectly clear that capital facilities planning needs to be part of the Comprehensive Plan. This goal would change the way things are done. Paul Seely of the Boeing Company, 7735 E. Marginal Way, spoke about the Countywide Planning Policies. He feels communities should have the right to prescribe how they want to grow. Commissioner Martinez said they are looking at specific language in the planning goals, many of which are fully supported by our visioning and our community preference forums. She asked Mr. Seely what specifically he would like them to consider that they haven't. Mr. Seely said he would have liked to rewrite the whole thing. Commissioner Martinez asked if he was talking about the county' s part and not Kent' s part. He said he was. He would be satisfied with having us ratify it as-is as long as we ask them to do a supplementary EIS and financial impact analysis. Fred Satterstrom said there may be some confusion because Mr. Seely is speaking largely to the Countywide Planning Policies, some of which have been appended to the staff report on Planning Goals. That may have 8 Kent Planning Commission August 24, 1992 given Mr. Seely and others the impression that the Planning Commission was going to be acting on the ratification process. There will be a public hearing on that before the City Council on September 1. Because it is a ratification process, it bypassed the Planning Commission. Chair Antley asked Mr. Seely what he would like to see changed in the section on Economic Development. She said if she understood him correctly, he didn't really have any problems with our goals as long as when we get down to objectives and the activities to meet the objectives which in turn meet the goals, that there are other things we need to keep in mind. Mr. Seely said that was correct. Hugh Leiper of American Commercial Industries, 1819 S. Central, Suite 116, talked about where the boundaries of Kent should be. Commissioner Haylor pointed out that the Planning Commission has already approved and passed on to Council their proposed urban growth area boundary. Commissioner Martinez MOVED to close the public hearing. Commissioner Haylor SECONDED the motion. Motion CARRIED. Commissioner Martinez said she would like to have some further discussion on UG-6 which is Kent designating an urban center area. She is not convinced that designating ourselves as an urban center would do a lot for the City of Kent. It may be the only way we get transit in here, but it seems to her to be using a very heavy club to accomplish a goal. Commissioner Heineman said he can see Kent as an urban center, but he's afraid that his definition of urban center does not agree with the county' s definition. He wondered if the Commission really needs to get into that right now. Commissioner Martinez said it seems to her that if they incorporate that, it means what the county has said it means. Chair Antley said she thinks they're stuck with that unless they want to come up with their own definition. James Harris of the Planning Department said that the county seems to be saying if you want to be an urban city, these are some parameters within which you have to work. He thinks the cities that become urban centers are going to get the transit money and the money to do all these good things and if you don't want to be an urban center, those kinds of monies may not come to your community. He feels we want to keep our options open and not cut ourselves off at this point by saying we don't even want to consider it. 9 Kent Planning Commission August 24 , 1992 Mr. O'Neill said the reason this goal is in the document is because under the Countywide Planning Policies that have been adopted to date by the County Council, all jurisdictions of the county will have to decide by October 1 whether they want to apply to the Growth Management Planning Council to be an urban center or not. The Countywide Planning Policies likely will be amended throughout the next year, but we don't know what those amendments are going to be. One action the Commissioners may wish to consider is keeping the goal of the urban center in there, but passing on any concerns they have about it to the City Council. The City Council will be considering ratification of the Countywide Planning Policies as a whole, as well as these Planning Goals, and can pass on the Commission's concerns to King County. Chair Antley said she shares everyone's concern about the definition of an urban center, but thinks she would rather err on the side of saying this is something we wish to work toward. If we either fail to achieve it due to various other circumstances or we just plain change our minds, we will be far better off by saying "yes, we' ll play this game" now than by saying "no, we're not going to play this game at all" . This is our window of opportunity. Commissioner Ward agreed with Chair Antley. If we say we don't want to participate, we surely won't get anything. If we say we want to participate and we decide later that we can't make it or we don't meet the objectives or the plan, then that' s a different thing. But if you remove yourself from the competition by restricting what your plan would be and just stating unequivocally that you want to be outside that plan of action, then you surely won't get anything. Commissioner Martinez said that 30 years ago we decided to play a game and bring some manufacturing in which we have been trying to get rid of for 30 years. Twenty years ago we decided to be a warehouse place and we succeeded mightily and now we 're all unhappy about that. Ten years ago we decided to be a multifamily community and we succeeded mightily at that. She is afraid that one more time we will succeed at doing something that is not very well conceived. The visioning that she saw from the citizens was more of an urban village than an urban center with 50, 000 jobs within a mile and a half radius. She has really serious concerns that if we designate ourselves as an urban center without further thought, the first thing that will happen is that indeed transit will come and all of the other things will happen. We will not be in control of our destiny and what we' ll end up with is a city that no one wants to live in. We moved to Kent to be in a community like Kent. 10 Kent Planning Commission August 24 , 1992 Commissioner Ward said he has the impression that if you're a game player and there's only one game in town and you're not a part of that game, then you're left standing. He believes the county is not really sure what the final definition of a true urban center will be, but if Kent is not a part of it, it will be to our detriment. He feels that the development in terms of warehousing and manufacturing has been somewhat of a positive thing in the sense that it is growth. He still believes that a City either regenerates itself by growing or it dries up and dies. Kent has tried to grow a little too fast in some area, but the net result is still positive. Commissioner Dahle said that if you go back 35 years, Kent was an urban center. It has now fallen apart and it takes time to regenerate and get it going again. She feels it should be designated as an urban center. Commissioner Martinez said she doesn't disagree with what Commissioners Ward and Dahle said. She is uncomfortable with the present wording and suggested we may just want to add "in alignment with the vision of the community forums" or "of the community of Kent" just to make it very clear that we want to guide our own destiny. Mr. Harris said he thinks that' s a good idea because the vision that the citizens had was more of a design vision; what the community will look like. We would not want to foreclose the opportunity, but on our terms and design. How this thing's going to look. Chair Antley proposed adding an additional sentence to UG-6 which would say "This area will mirror the visioning which was developed through Kent ' s public forums" . All the Commissioners agreed. In the Housing section, Commissioner Grant thought that again they could refer back to the public forums because there was a lot of input from the public concerning housing. Chair Antley suggested that they add a footnote to the Housing section. Commissioner Dahle asked if we got any feedback from the people who received the community forum report. She felt that the conclusions in the report were not the conclusions reached by the people at the meeting she attended. Mr. O'Neill said he was not aware of any comments about the report. The draft planning goals were sent to all the participants of that process with an evaluation form and they did receive some comments on the goals, which is the reason some of the language has been changed. After much discussion it was decided that rather than adding footnotes throughout the entire document, the following language should be added to the introduction: The following Planning Goals shall be interpreted in light of the vision for Kent which was developed by the Community Forum on Growth Management and Visioning, June 1992" . 11 Kent Planning Commission August 24 , 1992 This would also allow the additional language to be removed from UG-6. Under Economic Development, it was decided to change ED-1 to read "at least the next 20 years of growth" . Commissioner Dahle said she is still not happy with the Property Rights section because it still does not say that you shall not take over property rights without just compensation for the land. Chair Antley said she does not think this is the document for them to interpret state or federal law. It is a goals statement and she doesn't feel we should lock ourselves into a statement which doesn't need to be stated because it's a constitutional issue. Commissioner Heineman didn't feel that they could go any farther than they have as long as they're talking about goals. They are not in the business of creating law or defining law. Staff referred the Commissioners to Appendix A which is the Growth Management Act Planning Goals. The property rights section is almost identical to what was in the first draft of the City' s Planning Goals and it would not hurt to exactly restate what is in the Growth Management Act. Commissioner Dahle MOVED to put the language "Private property shall not be taken for public use without just compensation having been made" back into the Property Rights section as PR-1. Commissioner Grant SECONDED the motion. The motion CARRIED with Chair Antley voting against. Commissioner Ward MOVED to adopt the Planning Goals as amended. Commissioner Martinez SECONDED the motion. Motion CARRIED. ADJOURNMENT Commissioner Martinez MOVED to adjourn the meeting. Commissioner Ward SECONDED the motion. The motion CARRIED and the meeting was adjourned at 9 : 30 P.M. Respectfully submitted, Ja es P. Har is, Secretary JPH/ljh: 82492 .min 12 CONTINUED COMMUNICATIONS A. R E P O R T S fA. COUNCIL PRESIDENT B. OPERATIONS COMMITTEE C. PUBLIC WORKS COMMITTEE ID. PLANNING COMMITTEE JE. PUBLIC SAFETY COMMITTEE JF. PARKS COMMITTEE IG. ADMINISTRATIVE REPORTS `� c C OPERATIONS COMMITTEE MINUTES City Clerk September 15, 1992 COMMITTEE MEMBERS PRESENT: Christi Houser Leona Orr Jim White STAFF PRESENT: Lin Ball Robb Dreblow Charlie Lindsey Roger Lubovich Tony McCarthy Alana Mclalwain May Miller Kelh O'Donnell Ron Spang Nancy Woo MEMBERS OF THE PUBLIC: Bob Christiansen Bill Doolittle Jean Parietti The meeting was called to order at 3:05 p.m. by Chairperson Houser. Approval of Vouchers All claims for the period ending August 14, 1992, in the amount of$2,794,515.01; for the period ending August 31, 1992, in the amount of$1,167,904.22; and, for the period ending September 15, 1992, in the amount of$2,437,716.47, were approved for payment. Landlord Liability for Unpaid Tenant Utility Bill Customer Services Manager Lindsey informed the Committee that currently Washington State law allows for the City to place liens against property for unpaid water bills. There have been numerous concerns raised by landlords to the legislature of having liens put on their property for tenants liability. It is possible that the laws may be changed and municipalities in the area are looking at other possible resolutions. Area cities and water districts have proposed a meeting with landlords and their lobbyists and feel that a facilitator should conduct the meeting. They have asked participating cities to share in the cost of$200- $300 per participant. After a brief discussion, the Committee Chair concurred with the recommendation to pay the City's portion out of the Utility Billing Fund. Walk Through Old Police Wing -- Furniture Disposal Finance Director McCarthy invited those present to walk through the old Police wing after which the Committee would reconvene to discuss remodeling/funding. Lindsey also noted that a decision needs to be made regarding the handling of old furniture. He distributed a list of options and added the option of storing the inventory until after the remodel to see if there are additonal needs at that time. City Attorney Lubovich added that his department may have additional needs if they gain more space and would be willing to use what the City has instead of purchasing new furnishings. Committeemember White noted that if we do not do the remodel we would have the extra space to leave the furniture. McCarthy added that if it is decided to store the furniture, whatever is not needed can be disposed of at a regularly scheduled auction at a later date. 1 OPERATIONS COMMITTEE MINUTES, CONT. September 15, 1992 The Committee walked through the old Police wing. Upon reconvening McCarthy noted that the 1992 City hall remodel- reallocation of space has a budget of $457,000 from the 1992 CIP. White asked for a clarification of where these funds came from as his understanding was there was no CIP funds. McCarthy responded that these funds were allocated in the 1992 CIP process. McCarthy reviewed the advantages of proceeding with the remodel. The Financedepartment has been overcrowded since 1983 and has not received any additional space. the heating/air/light system is over 20 years old and in need of replacement. Puget Power has indicated that the City is eligible for a $100,000 energy grant in addition to the energy savings the City would receive with an updated system. Opening up access to the Police building through City hall has already been accomplished. The move would also open up space for additional needs such as a future Municipal Court or moving the recreation staff back from the Commons and having a centralized cashier. McCarthy introduced Bob Christiansen to answer any questions the Committee had. McCarthy noted construction has been recommended for three phases to be completed in the first five months of 1993. The original budget was for the south wing. Spending money on the north wing throws the project over budget with the biggest hit being the heating/air/light renovations. If the south wing only is done, the City may lose some or all of the grant from Puget Power. McCarthy reviewed with the Committee the proposed layouts for the departments. After further discussion, White again questioned the CIP funds and questioned whether it was a wise business decision to proceed with this now. He suggested looking at other needs City-wide these funds could be applied to. Committee Chair Houser suggested doing the heating portion only with the matching funds and fix the other systems as necessary. McCarthy noted the need for more efficient lighting. Houser noted that there is useable space without remodeling on the second and third floor if the heating and lighting is fixed. During further discussion, White suggested that City needs be revisited with department submittals evaluated with the remodel. After reviewing the 1992 CIP, McCarthy noted that there will be $800,000 available in 1993. McCarthy noted that the Mayor was inclined to proceed with the remodeling that has been budgeted. White responded that the Mayor has that option but the bid will be brought to Council. McCarthy replied that he will bring back some alternatives as suggested to the Operations Committee at the next meeting. Added Item Community Events Coordinator Woo asked the Operations Committee if the Senior Housing Name Contest could be moved to the Planning Committee due to the Operations Committee time limitations. Houser agreed with the suggestion. After questions by Bill Doolittle, Chairperson Houser adjourned the meeting at 4:05 p.m. 2 CITY OF LU�LSV CITY COUNCIL PLANNING COMMITTEE MINUTES SEPTEMBER 15, 1992 4 : 00 PM COMMITTEE MEMBERS PRESENT OTHER CITY STAFF Leona Orr, Chair Tom Brubaker Jim Bennett Roger Lubovich Jon Johnson Alana McIalwain Judy Woods, Council President Tony McCarthy PLANNING STAFF GUESTS Lin Ball Steve Burpie Sharon Clamp Jim Dion James Harris Bill Doolittle Rachel Johnston Marvin Eckfeldt Kevin O'Neill James Frymier Margaret Porter Ed Heineman Fred Satterstrom Hugh Leeper Alice Shobe Larry Metler Janet Shull Dee Moschel Jean Parietti Mike Reilly Diane Richards GROWTH MANAGEMENT UPDATE - (F. SATTERSTROM) Planning Manager Fred Satterstrom stated that the City recently received a letter from the City of Sea Tac expressing concern that a portion of Kent's urban growth area extends into the city limits of Sea Tac. Sea Tac is asking that area be deleted from Kent's urban growth area because of wording in one of our planning goals, Urban Growth Policy-2 which states, "The Urban Growth Area shall provide enough land to accommodate at least 20 years of residential, commercial, and industrial growth, and will represent the City's future annexation area. " Staff proposes that the growth management planning goals be pulled from tonight' s Council agenda so the language, "will represent the City' s future annexation area" can be deleted. This will satisfy the City of Sea Tac's objection to Kent 's urban growth planning area extending into Sea Tac. He explained that in setting urban growth boundaries, staff used Kent's proposed annexation area from 4-5 years ago, and Sea Tac has since incorporated. Staff commonly uses the urban growth area as a discussion for our comprehensive planning area. Chair Orr feels the boundaries on the map should be changed rather than deleting the language from the planning goal. The Committee CITY COUNCIL PLANNING COMMITTEE MINUTES SEPTEMBER 15, 1992 PAGE 2 agreed that the planning goals language should not be deleted but that the Urban Growth Area resolution should be pulled from the Council agenda. Staff requested that the Planning Goals Resolution be pulled from tonight' s Council agenda because of a request from Soos Creek Water and Sewer District requesting that Policy PF-4 be changed to read " . . .the City sal may assume urban services which are presently provided by special districts. " Chair Orr and the Planning Committee agreed to recommend that the full Council pull this item from the consent calendar, modify the language, and place it back onto the consent calendar. SEPA ORDINANCE (J. HARRIS) Planning Director Harris explained that effective September 1, 1992 the State legislature changed the SEPA laws to affect the time frame within which a jurisdiction can deal with a SEPA checklist. The new law states that a city must complete its review and issue a threshold determination within 90 days of the date of receipt of a checklist. The law also states that within 30 days of receipt of a checklist, the City shall notify the applicant whether or not the checklist is complete. Mr. Harris further explained that the SEPA ordinance needs to be amended to bring its sections into compliance with the new law. Councilmember Johnson MOVED and Councilmember Bennett SECONDED a motion to accept the SEPA ordinance as amended. Motion carried. The revised ordinance will be presented to the full Council on October 6, 1992 . COUNTYWIDE PLANNING POLICIES RESOLUTION (K. O'NEILL) Planner Kevin O'Neill reviewed a draft resolution regarding ratification of the countywide planning policies and specifically pointed out the language of Section 3 , "In the event that any subpolicy within the countywide planning policies is found to be inconsistent with the City of Kent locally adopted Comprehensive Plan policies prepared pursuant to the Growth Management Act, the City of Kent policy will prevail. " This language was added to the resolution at the request of Councilmember Johnson. Planning Director Harris related that he has been informed by Judy Chapman from King County that adoption of this language will, in effect, constitute non-ratification of the policies. Councilmember Johnson feels that the provision contained in Section 3 is minor and does not have a significant impact over the remainder of the policies which are being adopted. The question was raised as to who would be empowered to determine an inconsistency. CITY COUNCIL PLANNING COMMITTEE MINUTES SEPTEMBER 15, 1992 PAGE 3 Councilmember Johnson MOVED and Councilmember Bennett SECONDED a motion to recommend to the full Council the resolution regarding ratification of the countywide planning policies as presented. Motion carried. 1993 PROPOSED HUMAN SERVICES ROUNDTABLE LEGISLATIVE AGENDA (R. JOHNSTON) Planner Rachel Johnston informed the Committee that this is an information item rather than an action item. She explained that the Human Services Roundtable will formally adopt its proposed 1993 legislative agenda on September 16, 1992 , and is asking local jurisdictions for their input regarding the proposed agenda. The proposed agenda was developed around the Roundtable 's action agenda consisting of four priorities: housing, family support and family violence, children' s issues, and health care. Each priority area is categorized by tiers. Tier 1 items are those on which the Roundtable will take a leadership role. Tier 2 items receive major Roundtable support, and Tier 3 items are those which the Roundtable supports, but monitors rather than investing time and effort. The Human Services Commission reviewed and approved the proposed agenda at its August 27 meeting and voiced their concern regarding the fact that all the health care issues are rated tier two rather than tier 1. Under children' s issues, the Commission suggested that the first item, "support legislative changes and funding for prevention of child abuse and neglect" , be categorized as a tier 1 item, not tier 2 and moved to the family support and family violence section because child abuse issues are considered to be family violence issues. All the Committee members were in agreement with the Human Services Commission's recommendations. ADDED ITEMS 1993 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM (L. BALL) Human Services Manager Lin Ball reminded the Committee that at their September 1, 1992 meeting, they approved the proposed 1993 Community Development Block Grant Program. Subsequent to that time, staff discovered a need to make three revisions to the public (human) services program. The first revision is due to a County requirement to establish a contingency plan for the public (human) services funding in case the federal entitlement comes in at a level higher or lower than estimated. The other two revisions are due to an error which resulted in allocating more money to an agency than was requested. The Human Services Commission considered these changes and made the following recommendations: CITY COUNCIL PLANNING COMMITTEE MINUTES SEPTEMBER 15 , 1992 PAGE 4 1. Contingency: If the City receives an increased or decreased entitlement, the YWCA Domestic Violence Housing project shall be increased or decreased accordingly. 2 . Community Health Centers recommended funding level is changed to $16, 300. 3 . YWCA Domestic Violence Housing funding level is changed to $20, 948 . Councilmember Johnson MOVED and Councilmember Bennett SECONDED a motion to approve the proposed 1993 Community Development Block Grant Program as revised and forward for adoption to the full City Council' on September 15, 1992 . Motion carried. SENIOR HOUSING FOOD SERVICE CONTRACT Councilmember Bennett stated that since the food service contract for the senior housing project was last discussed at the Planning Committee, a petition has been signed at the Kent Senior Center and two issues have arisen from senior citizens: 1. Senior citizens do not like to be told what they have to do. 2 . Many seniors feel that $90. 00 per month combined with food stamps will provide three meals per day plus desert. Human Services Manager Lin Ball stated that it is more than just the meal itself that is involved in the meal service; it is looking at the overall well being of the senior citizen. Having a meal program encourages the seniors to get out of their apartments at least once per day, it builds community, and provides staff and other residents an opportunity to observe and see if there is a problem. For example, if someone does not show up for a meal it alerts someone to check and see if there is a problem. In arriving at the food service component, input from the following sources was taken: 1. Two public hearings attended by senior citizens. 2 . A survey taken by the original senior housing committee which showed over one-half of the respondents wanting food and medical services. 3 . Recommendations from a consultant experienced in senior housing projects. 4 . Social services community representatives who work directly with senior citizens. CITY COUNCIL PLANNING COMMITTEE MINUTES SEPTEMBER 15, 1992 PAGE 5 Marvin Eckfeldt stated that he was on the original committee and was present at the hearings where testimony was taken regarding what services should be provided at the facility. Mr. Eckfeldt stated it is interesting that the majority of those who are opposed to amenities in the senior housing are those who are living alone independently and doing well. The seniors who spoke for the need for food services and other supporting services are seniors who are living alone and are more frail than those who are opposed to such services. There seems to be a great difference of opinion based on how well someone can function at the present time. The committee's research indicates that if food service is not originally built into the housing project, it will need to be added later and it is very costly to add after the fact. Jim Dion of the King County Housing Authority stated he has been part of the committee working on this project for over one and one- half years. The King County Housing Authority owns and operates approximately 2500 units through the County designated solely for senior citizens. These units are all alike in that they all provide affordable, low cost housing. However, over the last 20 years the County has observed a pattern where seniors move in, many initially with greater needs, but almost everyone over time ageing in place with those needs increasing, and the we have been completely unable to address and response to these needs. The food service concept was not an add-on to the program. The entire concept has been built around the idea that the food service is an integral part that is essential for the people of this building to live independently and, more importantly, delay any necessity for them to move out of the building into a nursing home. Nutrition is the most important component there is in a senior housing project. The Housing Authority has observed numerous cases where seniors have not had the basic, minimum nutritional requirements. This is only one of their problems. When the system has gone out of balance other problems automatically occur. Speaking for the Housing Authority, Mr. Dion stated he cannot emphasize enough how important this food service component is and strongly encourages the continuation of the program. Diane Richards, Case Manager for Seattle King County Division on Ageing, stated she sees people over 60 years old in their homes who are frail and vulnerable and cannot make it to the senior centers because they are not physically able to do so. She speaks for those in their homes who are unable to get out and make their needs known. Ms. Richards feels the meal service is very important because seniors who become malnourished may experience irreparable harm. The Kent senior housing project is an excellent opportunity to do something special and extra, and she would hate to see it simply become low income housing. CITY COUNCIL PLANNING COMMITTEE MINUTES SEPTEMBER 15, 1992 PAGE 6 James Frymier stated he has been serving as a consultant to the senior housing committee. Mr. Frymier stated he is putting together a request for proposal to go to bid on the food service contract. One-half of the $90. 00 cost pays for raw food. They hope to contract with a provider who will be willing to use donated food, for example FDA and other sources. They also hope there will be some residents who would like to help with the cooking in exchange for their meals. Providing a meal service will give staff the opportunity to work with residents to coordinate medical appointments, transportation issues and provided visual observation to see how the residents are doing. Jim Dion stated he realizes the meal service program may not be desired by everyone, however, no money has been spent on marketing and during the first two and one-half days of accepting applications over 130 applications were received for 94 units. There are currently 150+ applications. Chair Orr feels that between the cost of the meal service and the rent, this project still offers extremely affordable housing based on what is available in other areas. Human Services Manager Ball clarified for Councilmember Bennett that the wording in the ordinance for the original bond issue and the brochure that was sent to voters stated, "to provide housing and related facilities" . The bond issue originated as a result of the assisted housing study which identified the need for low income housing for over 300 senior citizens. The report from this study addresses providing support services when implementing a senior housing bond issue. Ms. Ball provided a comparison between the Kent project and two similar projects; Broadway Plaza in Everett and Life Manor in Tacoma. Broadway Plaza 's food service costs $130 for one meal and Life Manor 's rent is $295 for a one bedroom compared to Kent' s $210. The food service at Life Manor is $129 . Chair Orr stated she goes back to the original committee, the assisted housing committee. At that time some type of related services, a kitchen or rooms for visiting nurses or doctors, was discussed. The issue of ageing in place was discussed so that a resident would not have to leave their home and go into a more expensive situation. She feels the committees have had the same goals all along. She is comfortable with what has been done and does not see the need to ask the City Council to change anything at this point. CITY COUNCIL PLANNING COMMITTEE MINUTES SEPTEMBER 15, 1992 PAGE 7 Finance Director Tony McCarthy requested an agenda item be added to the next Planning Committee meeting dealing with a resolution support the Metro merger. There was no objection from the Committee members. Chair Orr clarified with Alana McIalwain that the Senior Housing Name Contest is to be placed . on the agenda for the October 6 meeting. Hugh Leeper distributed a copy of the activities map from the City of Kent Parks Department 1992 brochure and stated that we are already directly involved in activities beyond the boundaries of Kent and asked the Committee to take this information into consideration when talking about boundaries. He is concerned about the eastern boundaries. Planning Director Harris respectfully requested to Chair Orr that when others bring added items to the Planning Committee, other than the Planning Department, that Chair Orr direct these individuals to Margaret Porter in order to alleviate miscommunications. ADJOURNMENT The meeting adjourned at 5: 27 p.m. PC0915.92 CITY CLERK PUBLIC WORKS COMT SEPTEMBER 16, 1 PRESENT: JIM WHITE MAY MILLER JIM BENNETT ED WHITE PAUL MANN TIM LAPORTE DON WICKSTROM KEVIN LINDELL TOM BRUBAKER MR. & MRS. RUST GARY GILL LARRY STOUGARD PAMELA NEWCOMER Triangle Apartments - Access Issue on 4th Avenue Tom Brubaker commented that after his review, he did not see any strong legal basis at all for the developer to impose any liability on the City. He commented he did not find that the City had promised access on 4th but that we had required that the neighborhood be protected from impact and offered 4th as a possible alternative. If they have any recourse it should be from the State since the State is denying access. A secondary issue, which Brubaker stated he could not recommend, is whether the City can use its condemnation authority to provide the developer with separate access so long as they pay the costs. Brubaker commented it is arguable that the City can but it is just as likely we would be facing litigation. Wickstrom added that the long term concern is that this is vacant property zoned multifamily and will ultimately develop. If there is no access off 4th, Council needs to consider how they want the property to develop. It was industrial at one time and was changed to multifamily. If there is no access, Wickstrom suggested, Council might want to look at the zoning. Jim White asked if the City had issued a permit for the project. Wickstrom stated the State had originally allowed them to cross the limited access and then reversed that decision. Gill stated that Engineering had completed their review of the plans. Building had completed plan review up to a point where red-lined plans had been sent back for corrections. Building was waiting for the developer to revise their plans in order to do the final review. Jim White stated he was not comfortable allowing traffic to access either on 3rd or 2nd. Those are substandard streets and not fair to the single family neighborhoods. It was clarified for Jim Bennett that the project would be subject to codes existing at the time they submitted for a permit if they have not allowed their submittal to expire. If they let the project drop and then reapply, the new codes would be applicable. Responding to Jim White's question, Wickstrom indicated that we had not told them they couldn't use 3rd or 2nd or 1st. But we would tell them which of those streets we would allow to be used for access and they would have to make improvements for their type of use. The developer, however, feels their development would not be marketable with any access other than 4th. Brubaker explained that the question before the Public Works Committee September 16, 1992 Page 2 Committee is whether the City is willing to commence a condemnation proceeding or other action to obtain access off 4th. The Committee agreed that the City should not take such action. Jim White stated that if the property were going to develop in the future he would not feel comfortable with access either on 1st, 2nd or 3rd. He suggested this be sent to the Planning committee to address the zoning of the area. Paul Mann added that emergency services need to be addressed as well. Wickstrom stated he had received a call from one of the residents of the area who indicated the developer had given them a letter stating he would not use either 1st, 2nd, or 3rd for access. Bicycle Advisory Board Request - 196th Corridor Larry Stougard, chair of Kent's Bicycle Advisory Board, stated that the Advisory Board had concerns about the bicycle facilities on the 196th Corridor. He stated that King County will be building bike lanes on their portion of the corridor but Kent does not plan for bike lanes on the middle portion. He continued that there would be no connection to the Interurban Trail and Green River Trail. He continued that the Advisory Board would like to see a continuation of the bike access lane. At the least they would like to see access from the Interurban Trail and make the southside sidewalk a multiuse trail for both bicycles and pedestrians. He alluded to the CTR program and Boeing's support to encourage bicyclists as well as Metro's pilot program to provide bicycle access on busses. Jim White asked if the Advisory Board's intent was to make every street and thoroughfare bicycle accessible. Mr. Stougard indicated it was not but providing a safe lane at specifically spaced intervals such as the corridors is a logical answer to moving the people on bicycles from the east hill. Jim White asked if an alternative of providing bicycle access on 212th would be considered. Mr. Stougard stated the Board would probably be open to look at it. The concerns would be that the County would be funneling bicycles on 196th and they would have to then figure out how to get over to 212th. White referred to staff memo indicating that providing bike lanes on this 1 mile section would cost approximately $5 million. LaPorte reviewed for the Committee and Mr. Stougard that the ASHTO design criteria for bike lanes is that they are 10 feet in width providing dual lanes. Referring to Mr. Stougard's suggestion that the sidewalk on the bridge section be a shared facility, LaPorte again referred to ASHTO criteria which recommends against that. Wickstrom further pointed out that this portion of the corridor is a retrofit of the road in an existing developed area. Bike lanes will be provided on portions of the west leg but the middle leg is being fit into an existing high density warehouse development. We are having trouble fitting just the basic road without doing extensive damage to the properties. Public Works Committee September 16, 1992 Page 3 If we widen it further we will end up having to purchase a warehouse. He continued that HOV lanes on 212th are included in our six year plan. The County will be budgeting funds and we hope to budget funds in next year's budget to do a feasibility study for HOV lanes on 212th. He commented he thought that would be a more appropriate corridor. for a cross tie. He stated that we can tie the Interurban Trail into 196th but it will parallel the buttress of the fill and tie into the road. Wickstrom added that this is the most expensive section of the 196th Corridor. The cost of the west and east legs of the corridor doesn't equal the cost of the middle corridor. To add additional width would in likelihood kill the project as we do not have funding available. Bennett confirmed that if a bike lane were not provided on this portion that bikes could still use either the traffic lanes or the sidewalk. LaPorte added that providing a bike lane would not insure their safety due to the volume of the truck traffic in the area. Stougard stated that providing access to the Interurban Trail and possibly signing the sidewalk for bicycle use would probably be satisfactory. The Committee suggested that the Advisory Board continue to work with staff on this alternative. South County Area Transportation Board Wickstrom explained this is a board assembled to coordinate the various regional transportation projects. Initially the County will be providing the staff. Long term, the cities and County would be sharing these costs. Jim White added that the real purpose of the Board is to put additional emphasis on transportation for south county. Jim White indicated he would be willing to act as the City's representative on this Board. The Committee unanimously recommended adoption of the resolution and Jim White serve as the City's representative on the South County Area Transportation Board with Don Wickstrom as the alternate. Other Items Mrs. Rust again asked for clarification of the City policy of employees not using City vehicle for personal use during working hours. May Miller stated that the policy does allow use of City vehicles for personal use such as lunch when it is cost prohibitive for the employee to bring the vehicle back to City Hall. Jim Bennett added that it has to be properly managed by the Department Heads. It was clarified for Mrs. Rust that the policy was developed as a result of citizen complaints and concerns about the use of City vehicles.