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HomeMy WebLinkAboutCity Council Meeting - Council - Minutes - 08/15/1995 Kent, Washington August 15, 1995 Regular meeting of the Kent City Council was called to order at 7 : 00 p.m. by Mayor Pro Tem Woods. Present: Councilmembers Bennett, Clark, Houser, Johnson, Mann, and Orr, Operations Director/Chief of Staff McFall, City Attorney Lubovich, Public Works Director Wickstrom, Police Chief Crawford, Fire Chief Angelo, Parks Director Hodgson, and Finance Director Miller. Approximately 25 people were at the meeting. PUBLIC National Health Unit Coordinator Day. Mayor Pro COMMUNICATIONS Tem Woods noted that the Puget Sound Sea-Health Unit Coordinator Chapter was formed in the Puget Sound area in May, 1989, and that it represents many dedicated health team members. She read a proclamation declaring August 23 , 1995, as National Health Unit Coordinator Day in the City of Kent, and noted that the proclamation will be sent to Boyd Martin. CONSENT JOHNSON MOVED that Consent Calendar Items A CALENDAR through C be approved. Orr seconded and the motion carried. MINUTES (CONSENT CALENDAR - ITEM 3A) Approval of Minutes. APPROVAL of the minutes of the regular Council meeting of August 1, 1995. DEMOLITION (BIDS - ITEM 5A) 1995 Building Demolition and Removal. Bid opening for this project was held on Thursday, August loth with 11 bids received. The low bid was submitted by Building Busters, Inc. in the amount of $78, 648 . 42 . The Engineer' s estimate was $144 , 004 . 46. The project consists of the demolition and removal of 28 buildings at three different sites, some of which are in line with the 196th Corridor and 272nd Corridor projects and could become potential hazards. It is the recommendation of the Public Works Director that this project be awarded to Building Busters, Inc. for the bid amount of $78 , 648 . 42 . Assistant City Attorney Brubaker noted that there was a minor irregularity in the bid, in that the lowest bidder filled out only the total price, not the unit price, on the bid form. He said that this is an informality which may be waived. Upon Mann' s question regarding the difference between the bid amount and the Engineer' s Estimate, Wickstrom explained that they are not experienced in estimating this type of project and therefore estimated high. He also explained 1 August 15 , 1995 PUBLIC for Houser that none of the structures are COMMUNICATIONS usable. MANN THEN MOVED that the 1995 Building Demolition and Removal contract be awarded to Building Busters, Inc. for the bid amount of $78, 648 . 42 . Clark seconded and the motion carried. ANNEXATION (PUBLIC HEARINGS - ITEM 2A) Meridian Annexation (AN794-7) . This public hearing has been set for comment on the proposed Meridian Annexation. The City has received a valid petition requesting this annexation. On July 20, 1995, the Washington State Boundary Review Board for King County, after a public hearing, tentatively approved this annexation, and, on August 10, 1995, the Boundary Review Board officially approved the Meridian Annexation to the City of Kent. The annexation area is com- prised of approximately 5. 27 square miles lying contiguous with and east of the current City limits. The annexation area is generally bounded on the north by S. 240th Street, on the west by Soos Creek and Highway 18 , and on the south by S. E. 288th Street. An ordinance has been prepared for Council deliberation which approves the annexation and, among other things, establishes the effective annexation date for January 1, 1996. At the close of the public hearing, the Council may, if it chooses, vote to approve the Meridian Annexation ordinance. Assistant City Attorney Brubaker pointed out the area on the map and outlined the boundaries. He noted that the Boundary Review Board unanimously approved this annexation. He explained that Council can approve, disapprove or take no action on this annexation. He also stated that all or part of the area can be annexed. He noted that two portions of the annexation were omitted from the original petition when the City went before the Boundary Review Board, and that the legal description in the proposed ordinance takes these two exceptions into account. He pointed out that if the ordinance is adopted tonight, the annexa- tion will take effect on January 1, 1996. Mayor Pro Tem Woods opened the public hearing. Hans Friewald, 11824 SE 270th, said the people in his area are against this annexation, and that it 2 August 15, 1995 ANNEXATION is illegal because the taxpayers were not allowed to vote on the issue. Brubaker explained that under State law, the two methods of annexation are by petition or by election. He explained that this annexation was proposed and processed by the petition method, and that the City received well over the required 60% of the assessed valuation of the area, resulting in $25, 000, 000 in excess valuation over the re- quirement. Friewald said he would like to see the paperwork indicating who is in favor of the annexation, since most people in his area are against it. Patricia Tisdale, resident of the Lake Meridian Apartments, spoke in opposition to the annexation and to the way it was done. She felt people should have been able to vote on it. Carol Voss, 14610 SE 266 Street, said she had gathered signatures on the petition and that it was a legal petition. She said they explained the petition to people and they knew what they were signing. She noted that in one area, 71. 89% of the homeowners were in favor of annexation. Tom Brotherton, 26805 148th Avenue SE, said his neighbors prefer to be in Kent rather than Covington. He noted that over 400 people at- tended the Boundary Review Board hearing, most of whom favored this annexation. Floyd Eiford, 11909 SE 248th, expressed concern about the amount of truck traffic on 248th, asked about the boundary at 240th and 132nd, and about sewers and street improvements. McFall noted that the area west of 240th and 132nd was not included in the original petition, and that areas west of 132nd with substantial no-protest annexation covenants and areas where petitioners gathered signatures framed the boundaries. He explained that the Boundary Review Board takes into consideration whether the proposed annexation area creates irregular boundaries, and they found that the proposed boundaries do not do so. McFall explained no-protest annexation covenants and noted that they are the same as signatures on an annexation petition. Wickstrom was surprised to hear of heavy truck traffic on 248th since it terminates into the country club. He said that sewer service east of 120th is handled by Soos Creek Sewers. Elsie Trotloff, 27657 145th Avenue SE, asked that Meridian Estates, Taylor Glen and Glenbrook be excluded from the annexation. She noted that 203 signatures had been turned in before the last Boundary Review Board meeting on 3 August 15, 1995 ANNEXATION a petition with the Covington information. She said they receive good service from the County on streets and don't want to pay for an LID in the City of Kent. She said that Kent estimates the tax revenue would fall short by $80, 000 of the anticipated expense and questioned why pins were given to petitioners by the Mayor. She then read a portion of a letter regarding direct mail, and asked that the area from 132nd Avenue SE to Highway 18, 288th and 272nd be eliminated from the annexation. She felt a vote should have been taken. Edward J. Pawlowski, 27727 106th Avenue SE, spoke against the annexation, and said that neither he nor his neighbors were approached about the issue. He questioned the boundary, asked why Meridian Valley residents were not brought in, and presented a petition requesting to be excluded. Cass Brotherton, 26805 148th Avenue SE, said that this started because of Covington' s efforts to incorporate. She said the residents of her area did not associate with Covington and found great support to annex to Kent. She noted that the petition mentioned by Ms. Trotloff asks if people want an election, and does not state how they would vote, and that some of those who signed may want to be a part of Kent. She also noted that there are signatures spread throughout the entire annexation area. She explained that when col- lecting signatures on the petition, it was easier to contact people in denser areas, but that packets were mailed to everyone. She said that Meridian Valley was not included in the annexa- tion because they were eliminated from the Covington incorporation, and therefore did not have the same issues. She noted that the Growth Management Act requires that urban areas become part of a city by a certain date. Nadine Eiford, 11909 SE 248, asked what will happen to their animals after the annexation, and Brubaker ex- plained that the Planning Department will hold public hearings on zoning of the area. He stated that he believes the City has zoning designations that allow for the type of use Eiford is con- cerned about, that there will be opportunities to address those concerns, and that she can expect that the current use will be protected and zoned appropriately. Orr pointed out that she lives in an area which was annexed several years ago, and that people were still allowed to have their 4 August 15, 1995 ANNEXATION animals after the annexation. She said it is the intent of the Council not to disrupt anyone' s way of life. Alice Matz , 17200 SE 265, noted that she worked on the petition to incorporate Covington and that they got over 300 names in the area where Elsie Trotloff lives saying they would rather be in Covington than Kent. She expressed concern about the Fire Department and noted that residents of Meridian Valley use the fire station and library in Covington. She suggested that the boundary go down Kent-Kangley and that the fire station be left in Covington. She disagreed with the no-protest agreements, felt people should have had the opportunity to vote, and said the petition method was used because the city would have lost an election. Brubaker pointed out to the Council that if the boundaries are changed tonight, the redefined area must be resubmitted to the Boundary Review Board. He displayed a map showing areas repre- senting properties whose owners signed the annexation petition. He also noted that the Boundary Review Board found overwhelming support at their hearing from people stating they were much more a part of the Kent community than Covington. He pointed out that during the four- month period that the petition was circulated, anyone who signed the petition had the right to withdraw their signature and that no one did. Hans Friewald expressed concern about environ- mental issues which have taken place over the years in Kent, and about new regulations which may come up. Upon a question from Patricia Tisdale, Woods explained that the Police Department budget will be increased and that sixteen officers will be added. Elsie Trotloff asked why two friends of Mr. White were not eliminated from the Boundary Review Board for this annexation, and why King County Council- member Vance sent someone, since they had voted to be neutral, but were for Kent. Woods suggested calling Mr. Vance and the Boundary Review Board, and Brubaker pointed out that the Boundary Review Board approved the annexation unanimously and that if there had been an issue about even two of the votes, there would still be a majority vote. He also noted for Johnson that it is his belief that the Governor appoints the members of the Boundary Review Board. Alice Matz 5 August 15, 1995 ANNEXATION said that the vote at the Boundary Review Board meeting on the loth was not unanimous because two people sustained. There were no further comments and ORR MOVED to close the public hearing. Johnson seconded and the motion carried. ORR MOVED to adopt Ordinance No. 3241 annexing the Meridian Annexation area, as described in the packet this evening, which establishes an effective date of January 1, 1996. Houser seconded. Johnson pointed out that there will always be people in any area who want to be excluded from annexation, and that State law prohibits the creation of islands. He also noted that the urban growth boundary has been established, and the law states that those areas will be annexed by existing cities or that new cities will be formed. He stated that the City of Kent is committed to the environment, and is one of only two cities that has land zoned agriculture and has land in the Farm Preservation Program. He said the City has been aggressive in purchasing land for open space, parks and recreation and so forth. He noted that the City and Fire District 37 have had a good working arrangement for many years, and that it will continue. He said greater public safety will be provided in the annexation area than currently exists in terms of police protection and urged the Council to pro- ceed with the annexation. Fire Chief Angelo agreed with Johnson that there has always been a strong relationship between the City and Fire District 37 , and said that the quality level of service will continue. He noted that there are no plans to change the apparatus or personnel. Orr concurred with Johnson and said that when her area was being annexed, they found a Council that was responsive and concerned about their wishes. She said the Council still listens, and encour- aged citizens to stay involved as the city goes through zoning determinations and to provide in- put so that the Council is aware of their wishes. She noted that signing the petition was the same as voting, and that this annexation represents the majority. 6 August 15, 1995 ANNEXATION There were no further comments from Council and ORR MOVED to enter Mr. Pawlowski' s note into the public record. Houser seconded and the motion carried. Orr' s motion to adopt Ordinance No. 3241 then carried unanimously. PARKS & (CONSENT CALENDAR - ITEM 3C) RECREATION Rewiring of Resource Center. APPROVAL to allo- cate $50, 000 from the City CIP fund to provide necessary repairs at the Resource Center. There is a need to rewire the Resource Center to im- prove the electrical, telephone and data elements at the facility. The need is immediate as the facility has experienced some electrical problems recently. FINANCE (CONSENT CALENDAR - ITEM 3B) Approval of Bills. APPROVAL of payment of the bills received through July 31 and paid on July 31, 1995. The Operations Committee for August 9 , 1995 was cancelled. Councilmembers authorized payment by signing check summary. Approval of checks issued for vouchers: Date Check Numbers Amount 7-31-95 157769-158303 $1, 560, 525. 68 Approval of checks issued for payroll for July 16 through July 31, 1995 and paid on August 4 , 1995: Date Check Numbers Amount 8-4-95 Checks 205092-205467 $ 279, 673 .81 Advice 26313-26708 $ 498 020. 16 $ 777 , 693 .97 CONTINUED Initiative 164. Clark noted that at the last COMMUNICATIONS Council meeting he had spoken about Initiative 164 . He pointed out that this issue will soon come before the voters and asked that, in an effort to present a balanced view, the Mayor sponsor the taping of a debate on the issue. He said that King County Assessor Scott Noble would be willing to speak about the history and the impact of Initiative 164 , and suggested that 47th District Representative Jack Cairnes or King County Councilmember Chris Vance speak on the other side of the issue. He said he would also like to have a discussion by a group representing 7 August 15, 1995 CONTINUED the City, including Law, Public Works, and COMMUNICATIONS Planning, regarding potential impacts to the City of Kent. McFall said such a video could be prepared for broadcast on cable tv before the election, but that Public Disclosure Commission regulations must be met. There were no objec- tions to Clark' s request, and Bennett noted that in the future others may have similar requests. REPORTS Operations committee. Johnson noted that the Committee will meet at 9 : 30 a.m. on August 23rd. Planning Committee. Orr noted that a special meeting of the Committee will be held at 4 : 00 p.m. on September 5th. Administrative Reports. McFall reminded Council of an executive session on pending litigation and noted that potential property acquisition has been added to the executive session. EXECUTIVE At 8 : 15 p.m. , the meeting adjourned to Executive SESSION Session for approximately 15 minutes to discuss pending litigation and property acquisition. ADJOURNMENT The meeting reconvened and adjourned at 8: 45 p.m. / Brenda J ober, CMC City Cle k 8