04/08/1968 Meeting - Laserfiche WebLink

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e I e I t I e . I e -- -.., 14~ 4/8/68 1 3. Rezoning RA Districts to R-1 - Councilwoman Hayward asked if there is any way of knowing whether the Planning Commission has under consideration changing RA areas in the City to R-1. She inquired specifically about the Ellis Parker Elementary School area. The Planning Director said this area and others similar will be in- cluded in the comprehensive plan. 2 4. Public Works Bids, Opened April 1, 1968 - The Public Works Director reviewed the tabulation of bids which included Council initiated projects. He said notices of public hearing at the Council meeting on April 8, 1968 were sent to owners of all properties which would be assessed for the projects. With regard to paving 20th from Friendly to Washington, a Council initiated project, the Public Works Director said residents in the area want assurance of a stop sign at 20th and Madison or rep1atting to create a cul-de-sac rather than paving the street between Madison and Monroe. He said a stop sign at this intersection cannot be justi- fied, that there is no objection to a cul-de-sac although it would be substandard, and that it may be well to reduce the length of the paving project. A letter of protest was read from T. E. Davis, owner of property at 544 West 20th. On the alley paving between 3rd and 4th, Polk to Blair, the Public Works Director ex- plained that the original petition was signed by owners of 51% of the property in- volved. Several property owners asked that their names be removed, and when the Council authorized calling for bids on February 26 the percentage was 33%. He read a report on the City's alley maintenance policy and the maintenance required on the alley in question. A letter was read from John A. Swafford in favor of the paving. Councilwoman Hayward asked if percentages should be considered, or whether the de- termination should be if the project is necessary for public benefit. The City Attorney said percentages need to be taken into account because when remonstrances are presented, a two-thirds vote of the Council is necessary to authorize a project. The City Manager said there are properties facing on the alley which have no other access. With regard to paving and sewer in Chalet Plateau Addition, the Public Works Director recommended award of contract to the low bidder, subject to approval of the developer because of the high front-foot cost. On paving, sewers, and sidewalk on both the Chambers Street and 18th Avenue projects, award of contract to the low bidder on Alternate 2 bid was recommended. The Public Works Director explained that Alternate 1 was for rock base, and Alternate 2 was for deep strength asphalt. On the balance of the projects, it was recommended to award contracts to the low bidder on each project. No action was taken. Mr. Lassen moved seconded by Mrs. Lauris that Items 3 and 4 of the Committee report be received and filed. Motion carried. 3 5. Building Permit Appeal, 2170 Hayes Street, Schi11enger - A report from the Building Department was read concerning denial of a building permit which would allow B. G. Schi11enger to convert an accessory building into a dwelling unit on a panhandle lot with access to 22nd Avenue between Garfield and Hayes. The Building Department denied the permit on the basis that the lot is substandard, and that it was not created in conformance with the zoning regulations. Mr.Schi11enger appealed the decision to the Council. Mrs. Lauris moved seconded by Mr. Lassen to deny the appeal. Motion carried. Mr. Lassen moved seconded by Mrs. Lauris to approve Item 5 of theCommittee report. Motion carried. 4 6. Sewer Assessment, 3092 Whitbeck Boulevard, Means - A letter was read from Howard Hansen, Hansen & Cougi11 Realtors, asking relief of sewer assessment against property at 3092 Whitbeck Boulevard purchased by C. C. Means. The letter outlined the history of the sewer construction, subsequent purchase of the property by Mr. Means, and mis- representation by the seller whereby he assured Mr. Means the sewerwas available but did not inform him it was not paid for. Because of a time lag of aoo ut 14 months be- tween sewer construction and filing of lien against the property for the assessment, the realtors had no way of knowing such an assessment existed. Cougi11 & Hansen have tried to collect the assessment from the former owner of the property with no success. The City Manager said the City cannot set precedent by accepting responsibility for paying assessments made after a property is sold. He said an adjustment in the in- terest was offered, but payment of the delinquent principal plus interest would have to be made before the balance of the principal could be Bancrofted. Mr. Hansen said he did not feel the interest adjustment is enough because of the time element in- volved in assessing the project, and that the City should assume some responsibility. Considerable discussion took place with regard to value of the property involved, ways of avoiding similar situations in the future, and amount of assessment ($454.00) and interest involved. Mr. Wingard moved seconded by Mr. Lassen to waive the interest accrued to the time of payment of the delinquent principal, but no later than April 30, 1968. Motion carried. 4/8/68 - 14 ~