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HomeMy WebLinkAboutCity Council Meeting - Council - Minutes - 09/17/1984 i Kent, 17ashington September 17 , 1934 Regular meeting of the Kent City Council was called to order at 7 : 00 o 'clock p.m. by Mayor Hogan. Present: mayor Hogan, Council- members Bailey, Biteman, Johnson, Kelleher, T°Thite and Woods, Assistant City_ Administrator r,ebby, City Attorney DiJulio, Plan- ning Director Harris and Public P,orks Director 7^Tickstrom. City Administrator Cushing and Finance Director VcCarthy were not in attendance. Approximately 20 people were in attendance at the meeting. CHA14BER OF Mayor Hogan introcuced Leo Powers , the new Chamber CONUIERCE of Commerce President who replaced retiring Presi- dent Glenn Votaw. PARKS & T•Test Fenwick Park. A letter was read by Mayor RECREATION Hogan from Darla Dodson regarding the new West Fenwick Park which was officially opened on Saturday, Septe-ber 15 . Ms. Dodson addressed several concerns about the nark in her letter and Bailey noted that these would be discussed at the next Parks Committee meeting . PROCLAMATION' A proclamation v7as read by r"avor Hoc_ an declaring the week of September 17 through 23 as Constitu- tion Tleek in the City of Kent. STATF State Environmental Policy Act. On September 4 , ENVIRONMENTAL 1984 a public hearing o.as scheduled for this date POLICY ACT on the City ' s required implementation of the State Environmental .Act (SFPA) . The period of September 10 through September 24 was designated to receive written comments . Proper legal notice has been given by the City Clerk and a draft ordinance has been available in the Planning Department. Additional material was furnished to the Council in the packets . The public hearing was opened by 11avor Hogan. City Attorney DiJulio noted that the purpose of the public rearing was to review the Draft Implement- ing Ordinance and referred to his Memo dated Sep- tember 13 which provided a summary of the SEPA Process . The memo notes that most of the new ordinance adopts the provisions required by the State and that comments are written regarding the portions where the City has options . - 1 - September 17 , 1984 STATE Biteman noted that he had several questions. ENVIRONP'_ENTAL DiJulio referred to the Summary of the SEPA POLICY ACT process which. includes the following items: Substantive Policy Mandate, Procedural Mandate, Environmental Significance, Threshold Determina- tion, Categorical Exemptions , Environmental Check- list, Determination of Significance/Mon-Signifi- cance, Scoping, Draft and Final EIS and Acgency Decision. referring to the determination of significance/non-significance, DiJulio noted that if an angency decides that a proposal would not have a probable significant adverse environ- mental impact, the lead agency issues a determina- tion of non-significance (DNS) . If an agency decides that a proposal would have a probable significant adverse environmental impact, the lead agency issues a determination of significance (DS) . If a nroposal has some environmental impact, agencies may consider �;hether mitigation measures will reduce or eliminate impacts and may issue a mitigated DNS , which documents mitigation measures that will be implemented. Referring to scoring, DiJulio noted that this was a statement of the range of actions , alter- natives and impacts discussed in the EIS . DiJulio clarified that the new ordinance adopting the SEPA rules and procedures for the Citv_ of Kent would be a new section 12 . 12A in the Kent City Code. He noted that the first portion was a statement of the background for the Act and the Section 12 . 12A. 100 merely adopts by reference various State laws . Referring to Section 12 . 12A.. 110 (page 3) Designation of Responsible Official, DiJulio clarified that this would be the Planning Director or his authorized designee. Referring to Section 12 . 12A. 130 , Timing Considerations: Catecorial Exemptions - Threshold Determinations, DiJulio noted that the chance was in referring to the time limits in calendar days . In response to Biteman ' s question, he noted that the word SHALL appears in Paraqraph A. for a determination of whether an action is catecorically exempt within seven days of receiving a completed application as - 2 - i i September 17 , 1934 STATE opposed to workino days" . Referring to Section B, ENVIRONMENTAL ThresholCl Determinations, DiJulio pointed out that POLICY ACT some actions may require additional research and thus the word SHOULD appears in this section. DiJulio then referred to page 7 of the draft ordi- nance, Section 12 . 12A. 140 , Timing Considerations : Submission of DN.S , DEIS , FEIS. He noted that for non exempt proposals , the DNS or FEIS for the pro- nosal would normally accompany the staff ' s recom- mendations to the Planning Commission or the Hear- ing Examiner or BoarO of Adjustr-.ent. He noted further that this process takes about 30 to 60 days . He noted that the new section provides for a case by case basis for determination. 12 . 12A. 210 Flexible Thresholds for Categorical Exemptions was then discussed with reference being made to the existing exemption level, the maximum exemption permitted by SEPA rules and the staff recommendation. Upon T7hite ' s question, Harris determined that Paragraph B of the section provides for mandatory reporting for exempt levels to the Department of Fcology Headquarters Office, Olympia. DiJulio referred to page 10 of the draft ordinance, noting that Suhsections 2 and 3 under Section 12 . 12A. 220 Use of £xemptions were not found in the WAC but have been established through case law and therefore are now included by DOE in the t,odel ordinance. Referring to subsection 3 specifi- cally, which states A departrient may withhold approval of exempt actions that would lead to sub- stantial financial expenditures by a private appli- cant when the expenditures would serve no purpose if nonexempt action (s) were not approved" , DiJulio made the comparison to a parking lot, which on its own would not recTuire a checklist but if it were associated with a building construction rroject, it would be necessary to review the application. Referring to Section 12 . 12 . 230 Environmental Check- list, DiJulio noted that subsection C was an optional item, but �-,Tas recommended by staff to provide assis- tance to applicants . In response to Bitem.an' s - 3 - Sentember 17 , 1984 STATE questions , DiJulio noted that the portion of the ENVIRONr'_ENTAL checklist being considered concerned the difference POLICY ACT in the level of information being provided in the checklist. Section 12 . 12A. 240 Mitigated DNS was then discussed with reference made to the fact that the City now holds pre-development meetings . DiJulio also noted that provision is now made for the mitigating measures to be nut in writing, which in effect pre- serves the Council ' s ability to consider a particular_ matter. In response to i,Thite' s questions about anv change to rezone procedures , DiJulio noted that nothing would be changed but that the provisions were added for clarification. In response to Biteman ' s cuestions , DiJulio clarified that staff would continue to make recommendations on a case by case basis and that the conditions would be in the staff report for the Hearing Examiner ' s review and for her subsequent recommendations . Following her recommendations , the matter would then go before the Council . DiJulio further clarified that the main intent of the EIS was to nrovide information and not as a decision maker. Ile also clarified that there ,,7as no appeal on an EIS. It was determined t7lat Section 12 . 12A. 300 included portions of the model Ordinance adopted by reference. Referring to Section .12 . 12A. 310 Preparation of EIS - Additional Consideration, Paragraph B states "The draft and final FIS or SEIS shall be prepared by City staff , the applicant, or by a consultant selected b� the Citv or the anplicant. " ?bite cuestioned what would happen if the City and the applicant could not agree on the consultant. DiJulio clarified that the ordinance does not provide for the resolution of that potential pro- blem, but that it was well for the applicant to select a consultant who works well with the jurisdiction. In anv event, DiJulio clarified that the selection always comes down to the respon- sible officer of the jurisdiction, and he may even make the determination that the Citv will do its own EIS . _ n - i September 17 , 1984 STATE DiJulio further pointed out that the 1983 legislature ENVIRONMENTAL determined that the socio-economic aspects involved POLICY .ACT were not part of the environmental checklist. This includes items such as the tax base, etc. White concluded that they might be part of the EIS but were not required. Reference was made to Section 12 . 12?1. 330 Using rxistina Fnvironmental Documents and the adoption of nertinent sections from the *yodel Ordinance. Referring to Part Four of the Ordinance : COMMENTING, Section 12 . 12A_. n10 , Public notice, DiJulio noted that notice is required and that the method to be used was optional , but that it should be uniform in all cases . He noted that Section D on paae 19 states : . . the City may require the applicant to complete the public notice requirements for the applicant' s proposal at his or her expense. " DiJulio then referred to Part Five: SEPA AND AGENCY DECISIONS and in particular Section 12 .12A. 510 Substantive Authority. He noted that this was a controversial issue and involved the adoption of substantive policies which the City will use in reviewing matters , in addition to those previously adopted by the Council. It was determined that the City must designate local policies . Reference was then made to Section 12 . 12A. 520 Appeals and in particular Section 2 . Substantive Appeals . DiJulio noted that this section was optional but if adopted there are numerous options allowed. It was deter- mined for Biteman that the City would not be more limited in what it was allowed to do. He pointed out that appeals to the Council from the Hearing Examiner ' s decision would still be allowed. DiJulio further explained that the ordinance says there is no right to appeal , however, if the decision is to be challenged, such challenge must be filed within 14 days. Referring to Part Six : DEFINITIONS , DiJulio noted that these were adopted by reference. Part Seven: AGENCY COMPLI_ArICF was pointed out as being adopted by reference. Section 12 . 12A. 710 - 5 - September 17 , 1984 STATE Responsibility of Agencies--SEPA Public Information, ENVIRONMENTAL and Section 12 . 12A. 730 Fees were then mentioned. POLICY ACT In response to Biteman ' s questions as to the cost of an EIS , Harris noted that it could range from $5, 000 to $30 , 000 . Harris determined that in the case of the City doing an EIS it would be determined by the number of people assigned to the project. Referring to White ' s previous Question about the threshold determination, Harris noted that the City was changing to a middle ground position. He noted that the staff recommendation of an existing exemption level of 10 residential units was an upward move from the City' s present existing exemption level of 4 units. He pointed out that 4 units was equal to a short plat. He pointed out that the Chamber of Commerce had asked that the City try this level of 10 for a year. At the end of that time the option to raise the level would still exist. Regarding agricultural levels , it was recommended that the City go to the maximum of 30 , 000 sa. ft. Harris noted that office and commercial , Presently 4 , 000 , could be raised to a maximum of 12 , 000 square feet but City staff was recommending 8, 000 . Parking lots were also recommended for a middle ground level . Landfills/ Grading remain the same at less than 500 cubic yards . Kelleher then made reference to Section 12 . 12A. 710 Environmentally Sensitive Areas and questioned whether a project that fell outside the exempt level would be subject to anv SEPA review. DiJulio noted that the Project must comply with the Act but noted that the EIS is done after the checklist is completed. If the Project is exempt then no checklist would be done. It was determined for Kelleher that such a Project could still be placed under the compliance Provisions of Unique and Fragile Areas if it fell into that category. DiJulio fur- ther clarified that a project such as a plat falling into this category would be subject to the Council ' s right to place conditions on the approval, under the Platting review process. Regarding fees, Harris pointed out that the increase in the cost was largely related to the increased advertising costs. - 6 - I i Sentember 17 , 1984 STATE The public hearing was opened by Mayor Hogan. Raul ENVIRONMENTAL Ramos presented a letter on behalf of the Chamber POLICY ACT of Commerce Local Government Committee, suggesting some changes to the ordinance as follows : p• 5. Sect. 12.12A.130 Substitute A. Categorical exemptions. The City shall identify whether an action is categorically exempt within seven days of receiving a completed epp++cat+en checklist.. P. 7, Sect. 12.12A.140 paragraph B Add B. For any nonexempt proposal, the applicant must submit a completed environmental checklist, detailed site plans as determined by responsible official for environmental review and a description of the proposal as a part of the development plan review process. p. 8-9, Sect. 12.12A.210 We recommend acceptance of the Flexible Thresholds for Categorical Exemptions. We also recommend a review by the City Council of these thresholds after one year. p. 11 , Sect. 12.12A.230 paragraph C Add C. The City may work with an applicant to complete all or part of the environmental checklist for a private proposal , if either of the following occurs: P. 34, Sect. 12.12A.730 paragraph B-2 Deletion of all paragraph B-2 and insert The applicant shall first consult with the City before the applicant selects a consultant. The committee recommends that any appeal process should be both expeditious and reasonable. The committee suggested there should be a "fee" for filing appeals which go only to the hearing exaniner. The fee should consist of a reasonable portion of the total cost for this appeal process. it was suggested $75-100. BAILEY P".OVED to make the letter part of the record, White seconded. :notion carried . In response to Bailey ' s questions , Harris noted that the recent meeting with the Chamber of Commerce had gone very well and there was no problem with the suggestions made. Responding to a further question, Harris noted that he could see no problem with the con- sultant selection issue at this point but that the matter could be discussed at the next workshop session. Harris further clarified for Kelleher that in most instances the Chamber was going along with the City' s recommendations with regard to the 7 - September 17, 1984 STATE threshold exemption levels . There were no further ENVIRONMENTAL comments and BAILEY MOVED to close the public POLICY ACT hearing, [woods seconded. Motion carried. BAILEY MOVED that the matter be referred to the workshop of September 24 , 1984 , Woods seconded. Motion carried. STREETS LID 304 - Smith Street Improvements , 4th to Lincoln. The date has been set for a public hearing on the confirmation of the Final Assessment doll for LID 304 . The Final Assessment Roll totals $596, 988 . 48 . The City Clerk has given the proper legal notice to property owners . Wickstrom described the project as full improvement of Smith Street from 4th Avenue to Lincoln, consisting of water main stubs , storm drainage, undergrounding, street lighting and landscaping. The same improvements were made on Lincoln Avenue from Smith Street to a point 385 feet north. He further noted that the portion of Lincoln from Smith to Meeker and the sewer rebuild and water main extension on Smith were not included in the assessments , and that these were funded by the City. Wickstrom noted that. the LID was formed in August, 1980 with Protests totalling 370. He pointed out that the property owners had asked that this be made a 15 year LID and explained the methods of payment. The public hearing was declared open by Mayor Hogan. The City Clerk reported that letters of protest had been received today from the following: Jakk Roberson of Bowl Investments , Charlie T. Perkins , Miles Drake and Joan Nussli . Andy Padvorac of Puget Power then submitted a letter. All of the letters were distributed to the Council and to staff and were filed for the record, by motion. Miles Drake stated that his property, assessed at $5, 187 . 10 was used. as a residence , and opined that the improvement of a street to an arterial was of no value to residential property. He noted that due to the increase in traffic, the driveway was now too dangerous to be of use to the tenant. He stated that the residents on Willis Street had not been assessed for that improvement. 8 - i Sentember 17 , 1984 I STREETS Andy Padvorac stated that Puget Power had protested the project from its inception. He noted that Puget ' s property is a right-of-way and is further encumbered by the Interurban Trail , the Olympic Pipeline and a drainage ditch, which reduced the value of the property by 800 . The assessment is for $32 , 663 . 41 , and Padvorac noted that Puget would be willing to pay 200 of this amount. An appraisal of the property was submitted with the letter. Padvorac noted that it appeared that the assessment on Lot 14 had been reduced due to the encumbrance of the railroad tracks . Charlie Perkins noted that his assessment was $27 , 079 . 24 and submitted a Valuation Change Notice from King_ County, showing that the value of his property had increased only $19 , 100. 00. He asked that the assessment be reduced by the difference, $7 , 979 . 24 . Jakk Roberson stated that prior to the improvement, he could have built on the southeast corner of Lincoln and Smith, a 7400 sq. ft. building, with parking for 37 cars and with three sites for ingress and egress . After the improvement, only a 5600 sq. ft. building could be built with parking for 28 cars with ingress and egress at only two places. He contended that the project was detrimental to his property. Upon Bailey ' s auestion , Roberson noted that he had received some compensation from the city. Joan Nussli referred to Assessment No. 17 in the amount of $13 , 523 . 17 noting that the assess- ment was more than the property cost, and that a warehouse type business existed on this 8 ,989 sa. ft. lot. After all who wished to speak had done so, Bailey suggested that the hearing be continued to allow time to evaluate the protests . Wickstrom noted that this would reruire appraisals and sufficient time should be allowed. BAILEY MOVED to continue the hearing to the October 15 , 1984 meeting. White seconded and the motion carried. 9 - September 17 , 1984 STREETS (CONSENT CALENDAR ITEM 5C) LID 307 - 180th Street Improvements/LID 311 130th Street Sanitary Sewer Improvements . AUTHORI- ZATION to set October 15 as the date for the public hearing on the confirmation of Final Assessment Rolls for LID 307 and LID 311 . LID 317 - 45th Place South. This project was re- advertised and the bid opening was on September 11 with two bids received . It is recommended that the low bid of $27 , 490 from Universal Utility Contractors be accepted . KELLEHER SO MOVED, Bailev seconded and the motion carried . CONSENT KELLEHER MOVED that the Consent Calendar Items A CALENDAR through F be approved, Biteman seconded . Motion carried . MINUTES (CONSENT CALENDAR ITEM 5A) Apz)roval of minutes . APPROVAL of the minutes of the regular Council meeting of September 4, 1984 . HATER (CONSENT CALENDAR ITEM 5D) Impoundment Reservoir Agreement. AUTHORIZATION for Mayor to sign a lease agreement with Mr. and Mrs . Holland Kinsey, Jr. for use of a portion of the Impoundment Reservoir propertv at 29910 118th Avenue S .E. It was determined for Biteman that the property would be used for the Kinsey ' s livestock. MOBILE Silent Meadows Mobile Home Park Combining District HOME PARK No. CD-MHP-83-1 . On September 4 , 1984 the Council COMBINING set September 17 , 1984 as the date for public hear- DISTRICT ing to consider the approval of. the Silent Meadows Mobile Home Park Combining District for the purpose of constructing an eiahty-eight unit mobile home park located east of the Valley Freeway, north of South 212th, and south of 208th. The Hearina Examiner has recommended approval with conditions . The Mayor opened the public hearing . The Clerk noted that no correspondence had been received. JOHNSON MOVED to close the public hearing . 1-loods seconded. A4otion carried . KFLLEHEP MOVED to approve the Silent Meadows Mobile Home Park Combining District with the conditions recommended by the Hearing Examiner, Biteman seconded. Motion carried. 10 - i September 17 , 1984 I FINAL PLAT Northwest Business Park I - Final Plat No. SU-83-1 . On September 4 , 198A the City Council set September 17 , 1984 as the date to consider the Northwest Business Park I Final Plat. This plat has been signed by the Public T,lorks Director and the Planning Director . To complv with the subdivision ordinance regulations , a meeting must now be held by the City Council to approve, disapprove or return the plat to the applicant for modification or correction. KELLEHER MOVED that the Northwest Business Park I Final Plat be accepted with the conditions as modified: 1. The applicant shall dedicate Tracts A, B, and C as shown on the preliminary plat drawing to the City for storm drainage purposes. 2. The applicant shall enter into a no-protest LID covenant for the construction of the North/South Drainage Channel and Detention facility known as LID W306 and a no-protest LID covenant for the construction of the P1 and P2 Valley Drainage Channel project also known as the SCS Eastside Green River Watershed Project. 3. The applicant shall construct all streets and street improvements as shown on plans approved by the City Engineer August 15, 1983. Improvements shall include bicycle lanes on both sides of 54th Avenue S. The applicant may elect to post a bond with the City for construction of these improvements. 4. Landscape maintenance agreements between properties located adjacent to street landscape medians and the City shall be recorded within six (6) months of the recording of the final plat. Payment of irrigation costs shall be included in the maintenance agreements. 5. The applicant shall enter into agreements with the City for the construction, operation and maintenance of all railroad grade crossings, including the signalization equipment, safety devices, and related equipment. This agreement must be executed prior to City approval of any railroad crossing on any street. 6. All necessary easements for water, sewer and other improvements including a 30 foot storm drainage easement across the Puget Power right of way as shown on p. 15 of construction drawings (dated August 15, 1983) shall be granted to the City. 7. The applicant shall deed to the City the property required for the storm detention pond as shown on sheets 15 and 16 of the construction drawings (dated August 15, 1983) and approved by the City. 8. The final location of rail lines shall be determined prior to sub- mittal of final plat. Woods seconded. Motion carried. - 11 - September 17 , 1984 STREET Vacation of Portion of 80th Place So. At the re- VACATION quest of Burlington Northern Railroad and Mannesmann- Tally, a public hearing was held on September 4 , to consider vacating a portion of 80th Place S. The Planning Department has recommended approval of the vacation with the following conditions: 1 . The City shall retain a utility easement on that portion of 80th Place S . to be vacated, the location to be determined by the Public Works Department. 2 . The City shall. he compensated for one-half the appraised value of that portion of the street to be vacated. (80th Place S. is classified as a Class B street under Ordi- nance 2333 . ) Action on the vacation was delaved to this meeting to allow time for the Public Works Director to supply further information regarding Condition No. 2 . Wickstrom explained that under the ordi- nance, compensation is recruired and the only option the City has is to accept property of equal value in lieu of cash. He noted that although Mr. Scholes had asked that the compensa- tion be waived, that there was no provision for this in the ordinance. KELLEHER MOVED to approve the vacation and for the City Attorney to draft the ordinance after the applicants have met the conditions as proposed. Woods seconded. Mr. Scholes stated that he thought that since the applicant had dedicated property for the construction of the new street for Norpac III Plat, that the City could waive the compensation for the vacation of the old abandoned portion of 80th Place S . He noted that he had talked to the City Attorney, who had been most helpful and had explained the intent of the ordinance. Motion carried. ANNEXATION (CONSENT CALENDAR ITEM 5E) Moore Annexation. AUTHORIZATION to set the October 8 workshop as the date to meet with the initiators of the Moore annexation . The ten percent petition has been received, and the Property Manager has validated the signatures. 12 - i September 17 , 1984 HOUSING & (CONSENT CALENDAR ITEM 5F) COMMUNITY H & CD King Countv Block Grant Consortium Interlocal DEVELOPMENT Cooperation Agreement (1985-1987) . AUTHORIZATION for the ravor to sign the agreement with King Countv under which Kent will continue to be part of the King County Block Grant Consortium through 1987 . FINANCE (CONSENT CALENDAR ITEM 5B) Approval of Bills . APPROVAL of payment of the bills received through September 18 after auditing by the Finance Committee at its meeting at 4 : 00 p.m. on September 28 . COUNCIL Public Works & Planning. Kelleher noted that the COMMITTEES committee would meet on Wednesdav, September 19 at 3 : 30 p.m. in the 3rd floor conference room. Parks Committee . Bailey noted that the committee would meet on the 27th at 4 : 00 p.m. at which time Raul Ramos N,Jill make a presentation. Administrative Reports . Webby reminded staff and Council that a basketball came was scheduled for September 29 , with a practice session scheduled for September 25. Mayor Hogan noted that at the next workshop a date would be set to tour the Valley General Hospital facilities and have breakfast with staff members . PLANNING Harris presented a copy of the new Community Profile DEPARTMENT compiled by the Planning Department, for which Sarah Stiteler has been responsible. The project was financed by a grant, and will be updated next year. Jim Hansen asked about a cover letter to be distributed with the brochure . POLICE DiJulio noted that the city had received a grant today of $8 , 418 . 27 for DT^7I Impact Advisory Committee purposes . He noted that the funds would be used to hire a part time Assistant City Attorney to monitor and assist in DWI enforcement. BAILEY MOVED to accept the grant. white seconded and the motion carried. - 13 - September 17 , 1984 ADJOURNMENT KELLEHER MOVED that the meeting be adjourned at 9 . 22 p.m. , Tloods seconded . Motion carried. Marie Jensen, CMC City Clerk - 14 -