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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 I 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. I � 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 i 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 i