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HomeMy WebLinkAboutCity Council Meeting - Council - Minutes - 04/07/1975 22-1 j Kent, Washington April. 7, 1975 Regular meeting of: the Kent City Council was called to order at 8: 00 1.) m.. Present: Mayor Hogan, Councilpersons .Baf:faro, Johnson, Kitto, Masters, Just, McCaughan and Storment, City Administrator Street, City Attorney Mirk, Planning Director Harris, Public Works Director Ulett, Finance Director Winkle. Also present : Parks Director Wilson, Assistant Fire Chief Bryant, Tr.af.fi.c Engineer Olson, Planning Cgmmi.ssioners Hamilton and Holmes, and Hill . Ingman and Chase representative Ramsey. Approximately 75 people were in attendance . j MINUTES KITTO MOVED that the minutes of the meeting held March, 17, 1975 be approved as printed, Storment seconded . Motion carried . 1 I VIS1'f'ORS The Mayor introduced Boy Scouts from Troop No . 467 with their Awards Chairman, Harry Williams, and Jim Hubbard, Troop Committee Chairman . I Also introduced were students from Kent- Meridian High ,School. and their advisors, representing the Future Business Leaders PROCLAMATIONS of America. Mayor Hogan proclaimed the week beginning April 13 as Future Business Leaders of America Week and urged all citizens to encourage Washington ' s 1500 members who are working to become leaders in this field . A proclamation declaring Saturday, April. 120 1975 . as Hike-Bike Day for the Retarded was read by Mayor. Hogan, encouraging support of local citizens for- activities of the King County Chapter of the Washington Association for Retarded Citizens . AWARDS A letter was read from Clifford Aden, Traffic Safety Commission Director, commending Traffic; Engineer Ed Olson for his participa- t: i.on in a recent traffic safety coordinators workshop,. The Washington Traffic Safety Award was presented to Olson by Mayor Hogan . HEALTH & Wison Addition Sanita.ry;Sewer - LID 278. SANITATION It, was noted that the hearing on the Wigton Addition :unitary Sewer, I,ID 2.78, was continued from the last meeting and that such continuation was to allow the Engineering Department to prepare three alternate plans for sewers in the area. The alternate plans were presented to the property owners involved by letter and again at a Council. workshop meeting on March 31 , .1.975 . Ulett reported that while there were four proposals made to the property owners., the majority were still in .favor of the first proposal. . Mayor Hogan opened the continued public hearing . � There were no comments from the audience and no correspondence . BAFI'ARO MOVED to close the hearing, Just . seconded . Motion carried . BAFFARO MOVED to direct: the Attorney to prepare an ordinances creating LID 1.78 (und(..:r. Prn}:)0sa.l #1 ) , McCaughan se>rc>ndc>d . Motion r. a:r.ra.ec9 . i I April. 7, 1975 HEALTH & A -letter was read from Mrs . Paul Dexter of SANITATION 23665 - 41st Avenue South stating that the area .ria.S become inf-ested with rats coming from the City ' s sanitary land fill operation in the vicinity of Military Road and Kent- Des Moines Road . MASTERS MOVED that the letter be accepted,, Johnson seconded . Street noted that he had already had the area inspected and had contacted the Health Department . The Health Inspector will call upon Mrs . Dexter and others in. the area. Street pointed out that he had also contacted Mr. Fairbanks of the Solid Waste Division of Seattle and that steps were being taken to be sure that the site is covered completely every night as is required . He further noted that the matter will. be referred to the City Attorney if the problem isn 't resolved . Upon Masters ' and McCaughan 's questions, Street noted that this problem reoccurs periodically and that the City takes action cis soon as we are made aware of the problem . It was further determined for McCaughan that the leachate problem would not be resolved until the new sewer Line was put under the river in July. Harris noted that b(--.tfore the sewer 1.i,ne could be instal-l.(-.,d it would be Tic., ar y 'I -er for Seattle to obtaii a Shoreline Ma.,:.;(. Program Permit and -that. he ha(] advised Mr. Fairbanks (,.)f this, M(3 t:.I on c,c.-i rr i e d RIBCO. It w,-:,.,G note(,) that. a RIBCO wee'Ling Will ST( Iieid in the Council. Chambers at 7 : 30 p.m. , Wednesday, April 9, 1_975 . ANNEXATION Star Lake School Annexation. . The Mayor opened the public hearing to consider the petition for annexation of the area known as the Star Lake School. Annexation to the City of Kent . There were no comments from the audience and no correspondence , MASTERS MOVED that the hearing be closed, Johnson seconded . Motion carried . The City Attorney introduced Ordinance No. 1904 annexing the area known as the Star Lake School Annexation to the City of Kent . McCAUGHAN MOVED that Ord . No. 1.904 be adopted, Johnson seconded , Motion carried . STREETS Millitary Road and Reith Road - South 260th. A letter from the State liigbway Commission was read, indicating that the above project has been placed on the priority list for 'ASP funding, and noting that the forms enclosed must be submitted by April .1.5 . MASTERS MOVED that tine letter be accepted and made, a part of th(� record,, McCaughan seconded MOti.01-1 CAl'rled . SW 4.3r(.`i/South '180tho n t.o ri- i_<e I-1- T r o -)e c,i-. U 1.e t t 1)o t e d tha,t. a hearing would be held before the Renton City Council next Monday night at 8 : 00 p.m . on the SW 43rd/South 180th Street Renton-Kent Joint Project and that City cars would 1,(., available for those wishing t o t t e n d", . `` l L W'] April 7, 1975 r� ntral Inter- STREETS r,ect dation of the .ion . Upon they rccoinnlen Engineering Department., McCAUGHAN MOVED that the Skip Jacobson Construction Company contract for replacement of the curbs at the Smith and Central intersection be accepted as complete and that the retainage be re- leased after the :receipt of necessary releases from the State . Storment seconded . Motion carried . +� 'Ja+t3i:E'.4 Main F2i:? li3.0 C:`i:!F?.l'1L - wi 1.11 s �_Snd Seattle WATER .__.t_________ __ __ p__. ______�_--__- _ .__ . _ __ Up-an t,h-e recommendation of: the Engineering Department, KITTO .MOVED that. the Bert Robison Construction Company contract forI.97-1 WaterMain Replacement on Seattle Street:. and Wil.l 's Street be accepted as complete and that after receipt of the neces- sary releases from the agate the retai.nage be released . Storment seconded . Motion carried . ' ---_ --- 29t.h Crossi�. TRAFFIC Burlington tiortln rn - Soul th5 �ac from the Chamber of Commer ce CONIROL A letter was r recommending that the Burlington-Northern crossing at. South 259t.h remain open . McCAUGHAN MOVED that thE� letter. be accepted and made a part of the record, Masters seconded . Motion carried . ZONING The Planning Commission has recommended CODE changes to the Zoning Code as :follows: In the D--C none, Section 3 .11 .5 , subsection I_ which reads: "Apartments over commercial n "Multi.-fami.l resi- u:ses, '�t»chars ed t<�read : Y - dential units '' Section 4. 7 . 2, Off-Street Parking Regulations T Division Downtown Commercial District, D .-2 0 which now reads : "off-street parking shall be provided and shall be in accordance with C,h trl provisions of thist�pt.ero be' chant e0 to: "off-street par shall be provided j i ano shall. be :in accordance wl.th the provisions of: this Chapter, :except there may be a fifty percent ( 50) reduction from the Parking Standard requirements contained .in Section 4.4. 11 MASTERS MOVED that the changes to the Zoning Code as recommended be approved, McCaughan seconded . Motion carried .' E. �iaden Rc:"LC�Tlc MRM_t:o CM. it was noted that REZONE Oil March 25 , I.975 , t:no 1'l;�nni.ng Commission held a he a:r a_rig girl the r William Baden rezone , and has :rect:7111'iIl.ewde'd approval of the proposal . Harris described bed the subject property as approximatelyl i', acres , located l,o the approximately rear, of 1520 Soi:;t.rl Central , aj,,,1'c-ximaterly 290 feet South of Alder Lane .. Manor Hogan April 7. 1975 REZONE declared the public hearing open . Harris explained that the subject property is adjacent to residential and commercial- industrial uses - Upon mcCaughan ' s query, roperty owners to Harris noted that some P the South had expressed some interest in s in the past but rezoning their propertie had never made application for a rezone that. additional C-M narris further opined t zoning would not be appropriate in the vicinity A the apartments and residences to the north. Upon Johnson ' s question , Harris noted that the owner had not specified a use for the property at this time . There were no comments from the audience and no correspondence on this subject has been received . MASTERS MOVED that -the hearing be closed, McCaughan seconded . Motion carried . McCAUGHAN MOVED that the City Attorney be authorized to prepare an ordinance rezoning the property from MRM to `CM, Masters seconded . Motion carried . Eazt. Gowe/Titu�s Street VeMent-( Und r- VARIANCE D )inq d Electrical Conversion oL APPEAL gEoun and 1]1 _tus3__It_was noted that Cell r Smith __2 a letter has been received from Reed & Associates appealing the city Engineer ' s ruling denying their request for a variance from the Kent Underground Utility Ordinance for the Kent Shopping Center - In accordance with the recommendation of the administration, JUST MOVED that a public hearing be held on April 21, 1975 on the appeal of Reed & Associates - Kent shopping Center . McCaughan seconded . Motion carried . NORPAC FINAL It was noted that at the time the Final Plat f Norpac was ace cpted an February 3 , .11975 ; PLAT cif were portions Of the plan ownod in W! title by Drainage District 410 but the Drain- 0 sign the plat . The City age District did not s , Attorney noted that the Railroad had designated this particular portion of land as open space and now that the Lrue owners, Drainage District have by their resolution also provided that this be left in open ppace, that this should be sufficient , It was further - an easement or maintenance determined that of the WWII has WO bu0n re"ved from Ili aillaco. 1) tjl I li,ii I i :i ,'T% 11111111,NIT I ( ho ills with the Norpac Plato Baffaro seconded . Representatives of Norpac were advised to contact Jerry McCaughan of Property Manage- ment to see that they had comPletOd all of: the necessary paperwork . stroct clorifled that the , I .,t could 'now bo iqnvd by L llaa proper oif icials and 1:,(!col d,nd . M0 U y On carried . 2 2,1: April 71 1975 CLAIMS L-t IL: C I a i m it was noted that the City Attorney had discussed the Wattles claim for refund of a late comers ' water charge at the last work session, and it is his recommendation that the charge, in the amount of $695 .00, be refunded to Stuart Wattles and that the City collect from Pacific Realty Trust, the recipient of the money , MASTERS MOVED that the recommendation of the City Attorney be followed both as to the refund to Mr . Wattles and as to collection from Pacific Realty Trustv Jobnson seconded . Motion carried . Chris- Le-, Bruski cjajm� A claim for alleged damage to anautomobile owned by I Christina Lee Bruski in the amount of $30441 has been filed . McCAUGHAN MOVED that the claim of Ms . Bruski be forwarded to the City ' s insurance carrier for appropri- ate action, Masters seconded . Motion carried . BIDS Vault Files . ORO bid was received for the furnishing of mobile files for the vault, from Connell ' s office Equipment, in the amount of $5 , 100 plus tax, delivered and installed . It was noted that the amount budgeted was $6,000 . Upon the recommenda- tion of the Finance Directory JOHNSON MOVED that the bid of Connell ' s office Equipment in the amount of $50 100 , plus tax, be . ded . Upon Storment ' s accepted, Masters secon these "Magic question, it was determined that Aisle" files are mobile and installed on rails . Motion carried . PARKS & Park Board . Masters noted that the proposed RECREATION new dark--7 T3oard ordinance was reviewed and the Committee recommends deletion of Section 6 and certain changes to Section 9 . It will now be in order for the City Attorney to draft a new ordinance to be presented to the Council at the next meeting. MASTERS MOVED for the City Attorney to draft a new ordinance for the next meeting, Baffaro seconded , Motion carried . Conference . Upon the recommendation of the Park Director, JUST MOVED that authorization be given for Barney Wilson, Suzette Allen and Betty Kelley Van to attend the Pacific Northwest Parks and Recreation Conference in Billings Montana May 3 through May 6, , Baffaro seconded . Ft was noted that funds 1),1 V(., 1.) c.1) to covvr this vxpendt- Lury MoKon carried . KENT SATURDAY A letter was read from James P , Curran on MARKET behalf of the Tent Saturday Market suggest- ing an amendment to Kent ' s health ordinance to give authority of policing the "temporary food service establishments" to the City ' s Health officer . MASTERS MOVED that the letter be accepted and reEerred to the 229 April 7, 1975 KENT SATURDAY workshop meeting, Just seconded . Street MARKET, noted that Dr . Dona, the City ° s Health ' Officer, is not willing to accept the pro- posed change suggested by Mr. Curran, and that the City Attorney was concerned as to the possible liability of the City. Upon McCaughan ° s inquiry, it was noted that Oregon laws permitted the sale of foods at the Eugene Market. Motion. carried . GAMBLING A letter was read from Kent Morrill of the Virginia Tavern and Frank Damiano of the Fireside Inn asking that reconsidera- tion be, given to the deadline of May 11 1975 on pull tabs, punchboards and card rooms . The letter noted further that there have been no law enforcement problems and that the City should review the amount received in taxes on these gambling opera- tions , MASTERS MOVED that the letter be referred to the committee of the whole, Johnson seconded . Baffaro requested that the matter be discussed at the next work- shop (April 14) . Just suggested that more information would be available after the April 15 deadline for gambling taxes . Masters amended the motion to include discussion at the April 28 workshop. Johnson concurred . Street noted that April 28 would be too late to take any action to change the May lst deadline . Motion carried . AMERICAN A letter was read from Lo�ita Bailey, REVOLUTION announcing her resignation as Chairman of BICENTENNIAL the American Revolution Bicentennial Com- COMMITTEE mittee , MASTERS MOVED that the letter be accepted, McCaughan seconded . Motion carried . CENTRAL Kent Development Association. It was noted BUSINESS that at the last Finance Committee meeting, DISTRICT Pete Curran and Bowen Scarff had presented a proposal wherein a non-profit organiza- tion to be known as the "Kent Development Association" would contract with Ernest DeRocher for professional assistance to attempt to receive financial assistance, either Federal or private, to complete the CBD plan . The estimated cost of this pro- ject is $6,000 and their request was to utilize funds which are within the CBD fund . KITTO MOVED that with approval of the City Attorney, the City enter into a contract with the Kent Development Associa- tion to furnish the above described service to be funded up to $6, 000 from the CBD fund . Storment seconded . Just noted that the original amount allocated to the CBD fund was $15 ,000 and that the program was still being carried on under that same allocation, plus additional funding received from Metro for parking lot rent . He pointed out that the Finance Committee had approved the $6,000 expenditure , Motion carried. April 7, 1975 CENTRAL Kent CBD . A meeting Of the Kent CBD group id at the Kent Lutheran -Church on BUSINESS w ii be he - . M 10 : 30 a.m . to DISTRICT Wednesday, April 9 , 1975 from 2: 30 p.m . KENT ARTS COMMISSION A meeting of the Kent Arts Commission will be held on Wednesday, April 16 , 1975 at 7 : 30 p.m . in the third floor conference room Of the City Hall - It was noted that four bids were received to BIDS furnish Youth Recreation T-shirts for the Parks Department Recreation Program. The best bid received was that of Olympic Sports Center . JOHNSON MOVED that the best bid of Olympic Sports Center to furnish T-shirts during 1975 be accepted, McCaughan seconded . It was determined that part of the cost Of the T-shirts was recovered by registration fees, and fees paid by sponsors Motion carried . BUDGET In order to complete the accounting for 1974, the Finance Director has prepared an ordinance approving receipts, disbursements and trans- fers . 0 r di n an—____-- ce No . 1905 was introduced by the . City Attorney. �US MOVED for the adoption J of Ord . No. 1905 , Storment seconded . Motion carried . II CITY POLICY , Mile - ge . The Finance committee has recommended MANUAL that the mileage paid for use of a private car be increased from the present ten cents per mile to fifteen cents per mile . it is suggested that paragraph C of Policy directive C-2 of the City policy Manual be amended to show the mileage allowance increase . OUST So MOVED , Storment seconded , Just noted that the amount of fifteen cents per mile for use of private cars was a more realistic amount and that it was still cheaper than using City cars . Motion carried. In additiont it is necessary that Ordinance No . 1799 , relating :to this subject , be repealed , as it is in conFlict with th(--� Policy Manual - m(.-CA1JQHAN MOVED that the City A ornoy be dir,cLod t(,) prepare In ordinance to repoill, Ordinance No . 1. 799 , Hafraro s(2condvd . Motion carried . It was noted C o�.-i t r�-,i ILY At-COTIOLISM i facilities are PROGRAM "a"T-,--1-�- being used to ent , house alcoholics until the County can pick them up for treatment . The County is will- ling to Place two people in Kent to take Vcare of the alcoholics, and to work in the 3ail area, The County will pay the sum of $19 , 24( .46 in salaries for these two people, which is equivalent to the salary Kent pays for a )ail6r - street explained 23 it April 7 1975 ALCOHOLISM that this plan would give the City enough PROGRAM personnel so that Police Department. personnel coverage in the area could be minimized . Street noted that the attorney has approved the proposed agreement and it was recommended that the agreement be approved . MASTERS MOVED that the Mayor and the City Clerk be authorized to execute such agreement with Xing County, Johnson seconded . Motion carried . ASSOCIATION Street noted that the Council should be OF WASHINGTON prepared by the next meeting to name the CITIES City ' s three voting delegates to the AWC annual convention which will be held in June in Richland . FINANCE Safeco _Se arelation RequeEt . In accordance with the request of Safeco Title Insurance Company, the City Attorney introduced Resolution No. 786 providing for segrega- tions of certain assessments in LID 2530 LID 267, LID 272, and ULID 01 . McCAUGHAN MOVED for the adoption of Resolution No, 786, Johnson seconded . Motion carried . Col dwell . Banker and _Company tion �c EpAn�L S ear e q a Request . It was noted that at the last Council meeting a request made by Coldwell, Banker & Company (for J.P. Francis, OE366 ) for segregation of certain assessments in ULID #1 and LID 272 was referred to the Finance Committee . A second segregation request was received from the same company for property assessed under LID 261 (Pacific Ventures, Inc. , 0371 ) . Both requests have been reviewed by the Finance Committee at their meeting of March 31, 1975 and it is their recommendation that both requests be processed jUST MOVED that both the requests of Coldwell, Banker & Company be forwarded to the Director of Pablic Works and the City Treasurer to prepare the technical and financial data and determine the necessary fees, and that the City Attorney be directed to prepare the necessary resolution authorizing the said segregations . Storment seconded , Motion carried . QgLegaLion Reauest - ULID A request has been received from the ' First American Title Company of Bellevue for a segregation of assessment in ULID A for Stuart Wattles . JUST MOVED that the request be forwarded to the Finance Committee for recommendation, Storment seconded . Motion carried . McCA�JTGHAN MOVED that the bills received on or before April 7. 1975 be paid after approval by the Finance Committee at its meeting to be held at 8 a .m. on Tuesday, April 15 , 1975 , Storment seconded . Motion carried . 2 April 7, 1975 SUBDIVISION' Kent Garden Apo rtmen-ts , It was noted that CODE _�;_n _�_'ETF�)��uar_y 25 , 1975 , Kent Garden Apartments ' EXCEPTION request for an exception to minimum lot width requirement of the Subdivision Code was heard by the Planning Commission - The Planning Commission has recommended that the request be denied . Harris noted that this is not an appeal o frm the Planning Commission Is recommendations; that the matter is routinely considered by the Council . He further noted that the area in question is zoned R-1 and is located on the south side of Guiberson Street just west of Reiten Road . He noted that the Subdivision Code requires 701 width for lots and the applicant has asked for an exception to permit three lots of 67 .51 each. He determined that the parcel in question is about 27 , 337 square feet and that the applicant proposes that this be divided into three lotso each with approximately 9 , 112 square feet, which is about 2,000 square feet over the overall. minimum lot footage requirement . KittO referred to the Subdivision conditions under which exceptions could be granted and asked Harris for a definition of " . special physical circumstances or conditions affect ing said property— " . Harris noted that such conditions might be topographical, sloping land or a steep hill , or could include vegetation or a stream or river going through the property. The Mayor opened the public hearing. It was determined for Frank catuzo that the Planning Commission had recommended the aard exception be denied , Bruce Benard, 1208 stated that he lived Guiberson Street, next to the parcel in question on a lot 67 .51 wide, and that he was against the exception request as this size lot was too narrow, Louise Grpaa, 1211 Seittle Street, spoke from the audience , noting othat she was against the exception being granted . Marco DeFunis, attorney representing Kent, Garden Apartments, Inc . , introduced Mr. Albert Brown, President of Kent Garden Apartments , Inc. , who explained that this was a group of 62 stockholders, some of whom resided within the City. The parcel in question had been purchased some ten years ago prior to the adoption of the new Code requiring 70 ' widths . Ue noked that Lhe original parcel was 270 ' in widLh and LhaL one G7 . 51 lot had been sold, and the remaining 202 .51 would not divide equally into lots 70 , wide, and this was the reason the subdivision excep- tion was being requested . Mr . Brown pointed out that the stockholders had once owned the Kent Garden Apartments on East Valley Highway and the name of the Assoc lat ) On had thus been derived . April 7, 1975 SUBDIVISION mr , Brown coriuiented on the findings of CODE the Planning Department as presented at EXCEPTION the Plannj.ng Colillilission hearing on February 25 : linq There do F 1 n(`1 ar to b e any special physical circum- not z7pi3� ' itions such as topography, stances or cond wet-lands or st.reets which would deprive the applicant of the reasonable use or development of this property,. " 2 ) "Planninq Department Finding_: Although the three lots do riot meet the required minimum lot width, they do conform to the rTLijjj.jjjum lot s.ize of 7200 square feet as required in an R.- I , Single Family Residential Zone. " 3 ) "Planninq Department Finding: The Planning Staff does not see how the granting of this exception would be detrimental to the public welfare since the basic density of an R-1 zorie is being maintained substantially above the required level, and the, reduction in width is only 2 .5 feet for each lot . " Mr , Brown pointed out. that the lots are 1351 deep and each contains approximately 2,000 square feet over the minimum requirement . Mr . Brown opined that 2 .51 short of the requireirient for each lot was a small matter. lie pointed out that, this is view property and certainly was not purchased to be used as open space . Eitto questioned as to whether -the Council could find that -there were special conditions affecting the property. Mr . DeFu.nis dis- tributed pictures and maps of the area to the Council . A written statement entitled "Facts and Law i.n Support of Granting -the Subdivision Exception"" was distributed to the Council and a copy f led with the City Clerk . DeFuni,s stated that he thought there were filve Special. circumstances which should be considered . He noted that condi.- tions under which an exception may be granted, as set forth in Sec . 4. 1. of the Subdivision Code, was similar to a provi-sion in the Zoni,ng Code relating to variances with refErence to size, location and surroundings oE the sub)ect property. The five special circumstances he referred to Were as follows: I ) With reference to the s:j.ze o4f property, he pointed out that the property could be divided into three lots, each of which would come within 2 .51 of satisfying the minimum lot requirement . 2 ) Adjacent lots are less than 70 ' wide and so -there is no opportunity to buy the additional 7 .51 needed . 3 ) The surrounding homes and lots are nice but the area does riot warrant extremely large I 11(� (`Xc�'pt. the Association0 lots , Without t' -i on R wou.1(.1 suffer t.1ndue 1)�,irdship in not being able to sell th( 1C)tS - 2 c� April 7, 1975 SUBDIVISION 4) The subject lots can be considered as CODE view lots an d it is not uncommon for view EXCEPTION lots to have less width than usual . 5 ) A pattern of lots less than 70 ' wide has been established . The lot to the east is 67 .51 and two lots on the west side on Seattle Street are 651 . -` Upon Baffaro ° s question, it was noted that one lot of the original parcel was sold in 19721, and this request was to allow the temain- ing property to be divided into three lots of less than 70 ' in width each. Mr. DeFunis noted .that if there had been a buyer in 1972 all of the lots could have been sold then at 67 .5 ' width. Mr. Catuzo of 1113 East Guiberson suggested that the parcel could be divided into two larger lots instead of three undersized lots . Mr. Magee of 1217 Guiberson concurred ' with this and supported the recommendation to deny the request . DeFunis stated that the exception could be granted by the Council for reason of practical difficulties, or unnecessary hardship, and that each case should be considered individually as conditions would not be the same for - any two cases . Bruce Benard stated he had purchased his 67 .5 ' lot from this Association and had since tried to purchase an additional 22 .51 of the parcel now under discussion because he felt his lot was too narrow, He pointed out that if the j 22 .51 strip was sold to him, the Association could divide the remaining 180 ' into two 90 , lots . Upon Storment ' s question, DeFunis stated that he had talked to the property owner to the west about the possibility of the Association buying this property, but at any rate the question of the Association purchasing additional property was beyond the scope of this discussion. Upon Kitto ' s request, Harris commented on DeFunis ' comparison of the language of the Zoning Code and the Subdivision Code , Harris noted that only the Board of Adjustment could, by law, hear Variances to the Zoning Code but the Subdivision Code provided for exceptions, which were heard by the Council even though the language of both Codes was the same as far as the portion on . ."the findings of facts" was concerned . Robert Anderson of 1209 Guiberson stated that .. . the residents of the area were interested in the maintenance of quality of life in the neighborhood and that he was against grant- ing the exception. 9:-1)5, A�d April 7, 1975 SUBDIVISION Storment asked if DeFunis had at any time CODE stated that the area did not warraht $50, 000 EXCEPTION homes . DeFunis noted he was not sure that he had used that particular figure and intro- duced Robert Christie, Real Estate appraiser. Mr. Christie noted that he had checked the area in 1969 and had agreed that four lots at 67 ,5 each was a reasonable division of the land inasmuch as there were other lots of similar size in the area. He pointed out that if the exception was not granted, the Association would have to divide the parcel into two greatly oversized lots, which would not be readily saleable . He noted that the bulk of the homes in the area ranged from $27,500 to $30 or $35 ,000, and if the parcel was divided into only two lots they would have to sell for $9 or $10 , 000 . He doubted that anyone would want to justify this land cost by building a $40 to $50 ,000 home as this price home would be out of order in this particular location. He recommended that the exception be granted in view of other similar sized lots in the area. it was determined for McCaughan that the property had not been appraised lately but that a price had been established for it for three individual lots . McCaughan noted that a similar request for exception made by Jerry Prouty for the next street had been denied recently by the Council . Louise Greta opined that Christie ' s estimate of the value of the homes in the area was lower than their actual value. Baffaro noted that the exception could be allowed since the depth of the lots were the same as other lots in the area and some existing lots were less than 701 . After all who wished to speak had bqen afforded that opportunity, JOHNSON MOVED to close the public hearing, Masters seconded . DeFunis wished to restate some material which was contained in his written statement and Masters opined that this was unnecessary since each councilperson had a copy of his outline. It was determined that the Council had no further questions for Mr. DeFunis . Motion carried . JUST MOVED to uphold the decision of the Planning Commission , Masters seconded , and commented that the purpose of the Subdivision co do was vo attempt to so Evo tho problem of vdritaus Mod Ms and ostablish order Lo lot sizes . Baf faro opined that the smaller lots should be allowed since there are others of similar size in the neighborhood . Kitto stated that he could not make a figding that an exception was necessary under "special conditions . " J April 7, 1975 SUBDIVISION Storment called attention to Mr. Benard ' s CODE statement that his 67.50 lot was too narrow EXCEPTION and had expressed a desire to buy some addi- tional Footage . He noted he concurred . with Kitto regarding the "special conditions . " Kitto commented that the reference to Mr. Benard ' s desire to purchase additional property was irrelevant. Motion carried, with Baffaro voting nay. FINANCE Claims approved by the Finance Committee on March 31 , 1975 are as follows : Current Expense $ 34,417 . 19 Parks & Recreation 50825 . 29 Library 1 , 179 .97 City Streets 70138 .00 Federal Shared Revenue: 43 , 260 .96 E . Valley Construction 350486 .43 Canyon. Drive 4.00 Garrison Creek Swr Const . 10 .50 Equipment Rental 5 ,073 . 21 Employees Retirement Fund 1,080 .87 Firemans Relief & Pension 412. . 19 Leff Disability 26737 . 67 Sewer 410043 . 26 Wager 24,860 :,97 $2021530 .51 ELEC7. ION The Mayor urged ali citizens to vote in the Special School. Election on April. 8, 1975 . i MELTING ADJOURNED: 9 : 45 p.m - Respectfully :submitted, Marie Jenseny, CMC City;J' Clerk I T it i I