HomeMy WebLinkAboutCity Council Meeting - Council - Minutes - 03/03/1969 Kent , Washington
March 3 , 1969
Regular meeting of the Kent City Council was called to order at 3 :00 p.m.
Present : Mayor Thornton , Councilmen : Baffaro, Lee , Masters , Pozzi and
Woodworth, City Attorney Bereiter, City Administrator Street and City
Engineer Sherwood. Barnier arrived at 3 :15 p.m. and Armstrong arrived
at 5 :10 p.m.
Minutes of the last meeting were approved with the following correction
on Page 5 : Water & Sewer Connections , . . . Fire Chief Foster pointed out
the fire hazard during construction since the closest fire hydrant is
1600 feet distant .
APPEALS Barnier. The public hearing was opened on
FROM BOARD OF Jerome Barnier' s appeal from the Board of
ADJUSTMENT Adjustment ' s decision to deny his application
DECISIONS for a variance to allow additional noncon-
forming use in an M-A zone. Barnier requested
that the hearing be continued until the March
17th meeting, as his attorney, John Pain , was
unable to attend this meeting. Masters so
moved , Woodworth seconded , motion carried.
Anderson . The public hearing was opened on
Mr. & Mrs. Anderson ' s appeal from the Board of
Adjustment ' s decision to overrule the City
Engineer on his decision to allow construction
to continue at 758 Woodford Ave. Mr. Watt ,
attorney for the Andersons , Mr. Eide , attorney
for Carl Johnson and the City Engineer explained
what had happened : Mr. Anderson purchased the
property intending to improve it and secured a
building permit for a duplex, at which time the
city determined the property was zoned R-4 . The
duplex was built in accordance with his plans for
this property, Mr. Anderson then applied for a '
permit for the second duplex. This permit was issued
and Anderson contracted for the construction . Sub-
sequently, it was discovered by the engineer ' s office
that an error existed on the zoning map and the pro-
perty in question was , in fact , R-3 and not R-4. A
"stop work" order was issued by the engineer ' s office
on November 28, 1968. On December 5 , 1968, the
Chief Building Inspector, by letter to Mr. Nestle
of Canyon Center, gave permission to continue con-
struction under the following conclusion : "Inasmuch
as the application and subsequent payment for and
receipt of the permit was made in good faith by the
•applicant and this office received the application
and issued same , based on the presumed and apparent
zoning, together with the fact , the applicant has
begun construction in an approved manner , this office
has determined that the applicant shall now be per-
mitted to resume work and proceed until completion" .
Don Eide filed an appeal with the Board of Adjustment ,
which was heard on February 4 , 1969 . The Board of
Adjustment ' s decision was to uphold the .appeal of
Mr. Eide , ruling that the issuance of the second
building permit was in violation of R-3 zoning. Mr.
Watt explained that on behalf of the Andersons , he
is now appealing to the Council to have the Board of
Adjustment ' s decision set aside. He noted that the
area is surrounded by R-4 zoning and that there are
now multiple structures in the area, and that the
duplexes were therefore not alien . Ile stated that
the error was an honest mistake and certainly not
the fault of his client .
Mr. Eide filed a statement of objection , containing
15 signatures , and stated that the R-3 zoning will not
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APPEALS support this many units under the city ordinances
and that only one duplex should be permitted. Ile
summarized his "Memorandum" from the Board of Adjust-
ment file , stating the maximum density allowed on a
square foot basis under R-3 zoning. Mr. Carl Johnson
of 752 Woodford Ave. objected to the lack of parking
facilities and inadequate ingress and egress . The
City Engineer stated that the parking problem would
be alleviated after the building is completed. Mrs.
j Otto Vodder, 744 Woodford Ave. stated this was a
residential zone and that the duplexes would not en-
hance the value of their property. It was determined
that when the "stop work" order was withdrawn on December
5th, the subfloor and foundation were in . Mr. Eide
stated that the notice of appeal was filed on December
6th and that the builder was aware of this. Ile stated
that the second duplex was not permitted under the law
and asked that the Board of Adjustment ' s findings be
upheld. After all who wished to speak had done so ,
Pozzi moved to close the hearing, Masters seconded ,
motion carried. The City Attorney noted that the Council
is acting in both legislative and judicial capacities ,
noting that , depending upon the Council ' s decision , either
the builder or Mr. Johnson might consider that the city
is liable for sustained damages . Pozzi moved to reverse
the Board of Adjustment ' s decision and for the City
Engineer' s decision to be upheld , for these reasons : (1)
that R-3 and R-4 zoning are very similar - (2) the pro-
perty is surrounded by apartment houses and the duplexes
are therefore compatible . Barnier seconded , suggesting
that Anderson could build a fence between his units and
Mr. Johnson ' s house. Upon roll call vote , Baffaro, Lee ,
Masters and Woodworth voted nay and Barnier and Pozzi
voted aye . Motion failed. Woodworth opined that Ander-
son could seek relief through a variance. Woodworth
moved that the action. of the Board of Adjustment be up-
held for the reasons stated by the Board , Lee seconded.
Motion carried , with Barnier and Pozzi voting nay.
HEALTH & ULID #1, Contract 5. Barnier moved to approve Change
SANITATION Order #2 , allowing an increase of $21 ,474..97 to cover
cost of pipe size increase from 27" to 30" , with Metro
reimbursing the City, Pozzi seconded , motion carried.
ULID #1, Contract 5 . Barnier moved to approve Change
Order #3 , extending the completion date 60 days to April
1 , 1969 , providing the contractor agrees to pay over-
contract inspection time , Masters seconded , motion carried.
The Mayor noted that there is a great deal of improvement
taking place on So. Central and noted the need for sewers .
Walt Ramsey stated that an application for sewers in that
area is pending now.
SEWER & WATER Eastridge Plat . Barnier read a letter from John Bereiter
CONNECTIONS to Jim Rice advising him that because of his failure to
meet six requirements under Ordinance 1142 , continued
construction and laying of sewer lines without proper
inspection by Kent representatives and failure to have a
written contract with the City authorizing extension of
Kent utilities beyond the city limits , the City of Kent
disclaims any obligation whatsoever to ex•ten.d Kent city
utilities .to serve the property.
WATER Supply Valuation Study. A letter was read from the City
Engineer to Anderson & Kelly authorizing them to proceed
with the program development for drilling and testing
potential water sources for the city and advising them
to inform the city of any problems which might delay the
program.
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WATER Mr. Street stated that Kent utility bills pro-
cessed through the new computer will be mailed
within a few days .
FINANCE Ordinance 1586 , was read by the City Attorney,
authorizing the City Administrator to make
transfers up to $500 between items within any
class in the budget , excluding salaries . Lee
moved for passage of the ordinance , Pozzi seconded,
motion carried.
SENIOR Lotto - Water & Sewer Connections . It was noted
CITIZEN that five members of the council met with repre-
HOUSING sentatives of Mr. Lotto concerning his request
for extension of water and sewer lines to the pro-
posed turnkey senior housing project at the Benson
Highway and S.E. 240th. They have recommended that•
when Mr. Lotto submits an annexation petition con-
taining signatures representing owners of 75/ of the
assessed valuation of at least Tract 4 of R. 0. Smiths
Orchard Tracts Addition , that a contract •to allow
extension of water and sewer lines be signed by the
Mayor and Council. Pozzi moved that the City Clerk
send this information to 1�1r. Lotto only and to also
advise him that the petition must be filed within
six months , Barnier seconded , motion carried.
Goodwin . Mr. Street reported that another senior
,housing complex of a different type has been proposed.
Under this proposal the property remains under private
ownership and the building is then leased to a Public
Housing Authority. A resolution received from King
County Housing Authority, has been reviewed and found
to be unsatisfactory, as it. .does not specify that the
housing would be for senior citizens. Bill Goodwin
stated that the project was intended for the elderly,
and ownership would be retained locally.
RESIGNATION A letter from L. H. Cavanaugh, City Treasurer was
read , submitting his resignation to be effective
April 1 . He requested that the appropriate agencies
be notified and that a request for an examiner be
sent to the Division of Municipal Corporations . Wood-
worth moved to accept the letter and for the requested
agencies to be so notified , Pozzi seconded , motion
carried.
ZONING The public hearing was opened to consider changing
ORDINANCE the zoning ordinance by deletim g the following por-
tion of Paragraph c , Section 10.11 .03 . . "Provided
that if 50 percent or more of a given block already
has structures upon it for which no provision has
been made for off-street parking, the remaining
property -owners in such block shall not be required
to provide either off-street parking,facilities
pursuant to the regulations prescribed herein or
to make a contribution in lieu thereof in accordance
with the above formula" . It was noted that the
Planning Commission has recommended in favor of deleting
the section and that a letter from the Chamber of
Commerce comments in favor, was on file. There were no
objections or comments from the floor and the hearing
was closed by motion . Woodworth moved for the City
At to be directed to prepare an ordinance amend-
ing the zoning ordinance by deleting the quoted section .
Masters seconded, motion carried.
BIDS The following bids were read for a 1/2 ton pickup :
Bill Hazelett $2 , 522 . 52 , inc . tax
(1969)
Bowen Scarff $2 , 455 . 75 , inc . tax
(1969 )
Valley Garage $2 , 788.119 , inc . tax
(1969)
Bank of the West $2 ,610.70, inc . tax
(1968 )
Mr. Street noted that the bid of Bowen Scarff did
not follow the specifications , in that they did not
include the heavy duty springs . Woodworth moved to
award the bid to Bill Iiazelett , Barnier seconded ,
motion carried.
STREETS LID 253 , S. 212th. The City Attorney reported that .
the judge found in favor of the City on the suit filed
in connection with LID 253 . IIe stated further that the
judge had commended the City on the general aspects of
the LID.
Pozzi moved to approve Change Order #3 extending the
completion date 83 days to April 15 , 1969 , providing
the contractor agrees to pay over-contract inspection
time , Barnier seconded , motion carried.
Parking Restrictions . A letter from the State Highway
Commission was read approving the changes contained in
Ordinance 1558 : no parking at any time on Central from
James to Titus , as well as on East Smith from Central
to Jason . Pozzi moved for the letter to be placed on
file with the original of Ordinance 1558 and for the
street department to be notified to post the proper
signs , Masters seconded , motion carried .
East-West . It was noted that city and State Highway
representatives had met to discuss an interim route
and possibly a final location of the East-West route,
The City Engineer pointed out on a map the proposed re-
location of the Kent-Des Moines Road , noting that this
proposal would tie into the proposed project at 4th Ave .
and would then go up the east hill and tie in with the
Kent Kangley Road at about 120th Ave . S.E. This parti-
cular route is the ultimate route and lies between Willis
and Saar, crosses the Northern Pacific Railroad tracks
on structure over Central and then cuts into the hillside.
He noted that 2nd and 3rd Avenues would be terminated, 1st
and Railroad would carry through and 4th Avenue would be
an on-grade connection . A connection was shown at a loca-
tion on 258th where it could be tied in . Sherwood noted
further .that a route hearing would be held at which time
the route ' s exact location would be determined.
Then , using another map, Sherwood pointed out the proposed
temporary, interim connection which now terminates at 4th
Avenue. It is proposed to have an extension of the align-
ment southeasterly to Willis , terminating 2nd Avenue , with
an on-grade crossing of the Northern Pacific connection and
tying into Central Avenue with a standard connection . IIe
stated that under this plan , improvement of Central was
contemplated up to Titus , so there would be a four lane
run from Midway down the hill, under the Valley Freeway and
across to Central, connecting to 4-lanes on .Central -to go
North or East . The alignment on Willis would be built as
a permanent improvement from 2nd Avenue to Central. He
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STREETS East-West . reported that 'the Highway Department
would acquire any properties which they touch for this
temporary connection . Woodworth asked if rights-of-way
would also be purchased for the ultimate route at the
same time . Sherwood replied that they would if they
touch it . Pozzi stated that the street committee
wanted to review the plans in more detail with the
City Engineer. Woodworth concurred. Mr. Street noted
that the Highway Department; had asked for a letter of
general agreement . Barnier opined that it should not be
unnecessarily delayed. Lee stated that the State would
not buy the property now because they do not have the
funding for it , that all they are asking for is that we
approve a temporary traffic flow through it . Mr. Street
stated that the 6 year plan calls for the widening of
Willis so acquisition of property for this purpose or
another would be basically the same. The City Engineer
stated he had asked Bogart if the temporary and ultimate
were one package and he indicated that it was . Lee
moved to approve the interim route only, Masters seconded ,
motion carried. (Armstrong was not present for the full
discussion , so he did not vote ) .
Traffic Control. Mr. Street. advised that he had the
street department post signs at the city limits , stating -
Speed Limit 25 MPII, unless otherwise posted.
COUNCIL Barnier moved that the council meeting time be changed
MEETINGS to 7:00 p.m. , in the best interests of the citizens of
Isent , Baffaro seconded. Masters moved to amend the motion
to change the time to 6 : 30 p.m. Amendment failed for lack
of a second. Upon roll call vote on the original motion ,
Barnier, Baffaro and Masters voted aye , Lee , Pozzi and Wood-
worth voted nay. The City Attorney- advised that the Mayor
could cast a vote to break a tie . Mayor Thornton voted nay.
Motion failed. The Mayor then proposed a compromise ,
suggesting 4 :00 p.m. or 5 :00 p.m. Barnier moved to change
the meeting time to 5 :00 p.m. , Masters seconded. James
Curran .objected from the audience , stating that 5 :00 p.m.
is too close to the dinner hour. Upon roll call vote ,
Barnier voted aye , and all others voted nay. Motion failed.
(Councilman Armstrong was not present at this time) .
Shortly after his arrival at 5 :10 p.m. , Masters moved to
change the council meeting time to 4 :00 p.m, Baffaro
seconded. Armstrong moved to amend the motion to change
the time to 5 :00 p.m. , Masters seconded. The amendment
failed upon this roll call vote : Armstrong, Barnier and
Masters voting aye , with Baffaro , Lee , Pozzi and Woodworth
voting nay. Upon roll call vote, the original motion
failed with Baffaro and Masters voting aye , Barnier, Lee,
Armstrong, Pozzi and Woodworth voted nay. Armstrong then
RESIGNATION served notice that he would resign as Councilman , to be
effective at the adjournment of this meeting, since he
cannot attend 3 :00 p.m. meetings . Woodworth moved to accept
the resignation , with regret , Pozzi seconded. Lee noted
that Armstrongs experience and wisdom will be missed.
Motion carried.
Lee moved that the bills received by March 10, 1969 approved
by the Finance Committee be paid , Barnier seconded , motion
carried.
MEETING ADJOURNED: 5 :40 p.m.
Respectfully submitted ,
r
MAYOR
Alex Thornton , Mayor Marie Je �en City Clerk
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