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HomeMy WebLinkAboutCity Council Meeting - Council - Minutes - 11/15/1976Kent, Washington November 15, 1976 Regular meeting of the Kent City Council was called to order at 8:00 o'clock p.m. Present: Mayor Hogan, Councilpersons Carey, Johnson, Just, Kitto, Masters, McCaughan and Storment, City Attorney Mirk, City Administrator Street, Planning Director Harris, Public Works Director Ulett and Finance Director Winkle. Also present: City Treasurer Drotz, Parks Director Wilson and Planning Commissioner Johnson. Approximately 30 people were in attendance at the meeting. MINUTES KITTO MOVED that the minutes of the meeting held November 1, 1976 be approved as printed. Storment seconded. Motion carried. PRELIMINARY Britt Smith Replat Preliminary Plat. On PLAT Octo er 6, 1976 tPlanning Commission held a public hearing on the Britt Smith Replat Preliminary Plat and recommended approval with conditions. KITTO MOVED that a public meeting be held December 6, 1976 on the Britt Smith Replat Preliminary Plat to consider adoption or rejection of the Planning Com- mission's recommendations. Storment seconded. Motion carried. FINAL PLAT Parkside Division #1. The developers of Parksi e Division have notified the Director of Public Works that they are not ready to submit the final plat. The date of November 1, 1976 for the hearing was chosen by the developers, not the City. Therefore, it is recommended that the public meeting be closed and no further action con- templated until the developers submit the complete plat. At that time a date of hear- ing will be established. KITTO MOVED that the public meeting on Parkside Division #1 final plat be closed without prejudice, Carey seconded. Motion carried. Cecelia Hills (formerly Suncrest Lanes). At its November 1, 1976 meeting the Council set the date of November 15 as the date for a public meeting on the Cecelia Hills Final Plat. The public meeting was opened by the Mayor. Planning Director Harris noted that in accordance with the Subdivision Code both he and Public Works Director Ulett had signed the plat as of November 15, 1976. JOHNSON MOVED to close the hearing, McCaughan seconded. Motion carried. JOHNSON MOVED that the Final Plat of Cecelia Hills be approved as presented, Kitto seconded. Motion carried. Hi hrid e No. 4. A letter was read from Miles Drake requesting an extension of time for sub- mittal of the final plat of Highridge No. 4. STORMENT MOVED for an extension of six months, Kitto seconded. Motioncarried. UPPER MILL CREEK Performance Bond. Before construction can DETENTION BASIN start on the Mill Creek Detention Basin, it is necessary to furnish King County with a performance bond. As soon as the acquisition of the properties or right -of -entry is secured, the bond should be purchased. The cost is $250 for a $20,000 performance bond and $15 for a cash bond. McCAUGHAN MOVED that purchase when needed of the necessary bonds in conjunction with the Mill Creek Detention Pond Project be approved, Just seconded. Motion carried. t UPPER MILL CREEK Condemnation. The City Attorney introduced DETENTION BASIN Or finance No. 2002 providing for the condem- nation and acquisition of certain land in King County for the purpose of providing for reten- tion and holding ponds as an integral part of the storm and surface water drainage system of the City of Kent, and providing for the payment of the land, in connection with the Upper Mill Creek Storm Water Detention Basin. Mirk noted that the ordinance provided for the condemnation of three parcels of land. STORMENT MOVED that Ordinance No. 2002 be adopted, Just seconded. Motion carried. ANNEXATIONS Lien Annexation. A meeting with the initiators of the Lien annexation at S. 218th Street and 94th Place S. was held November 8, 1976, at which meeting it was indicated that the Council would accept the annexation if it is amended by omitting Tax Lots 16, 33 and 34 and that the area be required to assume the existing City indebtedness. McCAUGHAN MOVED that the amended annexation area is acceptable and that the area will be required to assume the existing City indebtedness. Storment seconded. Motion carried. Williamson. A meeting with the initiators of t e Williamson annexation at James Street and 100th Avenue S.E. was held November 8, 1976. The Council indicated at that time it would accept the annexation as presented and would require the area to assume the existing City indebtedness. JOHNSON MOVED that the annexation area is acceptable and that the area will be required to assume the existing City indebtedness, Kitto seconded. Motion carried. STREETS Meeker Street Sidewalk Im rovements. Five bids were receive on November 10, 1976 in connection with Meeker Street Sidewalk Improvements (Madison - Union Pacific Rail- road) and CBD Pedestrian Walkway Improvements, as follows: Bidder Amount Gary Merlino Construction 9,8.00 Moss Construction, Inc. Klokstad Concrete Construc- 11,804.25 tion Valley Cement Construction 12,275.00 D. R. Craig Construction 13,450.00 In accordance with the recommendations of the Engineering Department, JOHNSON MOVED that the best bid of Gary Merlino Construction in the amount of $9,268.00 be accepted, Carey seconded. Motion carried. UAB Grant. The Urban Arterial Board has offered a grant of $618,000 for construction of 104th Avenue S.E. from S.E. 252nd Street to S.E. 260th Street. STORMENT MOVED that the UAB offer in the amount of $618,000 be accepted and the Mayor authorized to sign the necessary agreement, Johnson seconded. In response to Kitto's question, Street noted that one-half of the balance referred to was in the budget and the other half was expected to come from a local improvement district. Motion carried. BIDS Street Sweeping. Three bids were received for street sweeping for 1977 as follows: Core and Extra Parking Lot Residential Sweeping Per Hour Bidder Per Month Per Hour (Incl. tax) Sanco-NW Lot Services $1,160.00 $20.00 $42.16 Northern Lights & Equipment, dba Clean - Sweep $1,245.00 $24.50 $42.16 Placo Enterprises $1,990.00 $26.50 $47.96 In accordance with the recommendations of the administration, JOHNSON MOVED that the best bid of Sanco Northwest Lot Services be accepted, Carey seconded. It was determined that the bid for street sweeping for 1977 showed an increase of $69.00 over the bid for 1976 but an additional nine miles of street had been added. Motion carried. CITY HALL A change order covering several items in the REMODELING City Hall construction which was negotiated early in October was reviewed by the Council at the last work session. STORMENT MOVED that Change Order #3 in the amount of $7,344 for Leo Finnegan Construction Company be approved, Carey seconded. Motion carried. PARKS & Memorial Park. Bids were received on November RECREATION 10, 1976 for installation of lights on Field #2 at Kent Memorial Park, as follows: Amount Bidder incl. tax Westcoast Electric $10,171.10 Donald Close Co. 11,045.92 Electrical West Co. 14,588.41 In accordance with the recommendations of administration, CAREY MOVED that the low bid of Westcoast Electric in the amount of $10,177.10 be accepted and that Westcoast perform installa- tion as per specifications. McCaughan seconded. In response to Storment's question regarding any funds being available through Federal Revenue Sharing for the lights at Russell Road Park, Wilson noted that an attempt was being made to seek matching funds. Motion carried. Meeker Street Bike Trail Underpass. An addendum to the bid specifications for the Meeker Street Bike Trail Underpass was mailed but apparently not received in time for the November 10 bid opening. Consequently, the bid opening was rescheduled for November 24 at 10:30 a.m. MASTERS MOVED that awarding of the bid on the Meeker Street Bike Trail Underpass be held over to December 6, 1976, McCaughan seconded. Motion carried. REPEALING VARIOUS The City Attorney has prepared an Ordinance ORDINANCES repealing those existing City ordinances which are outdated or no longer have any effect. STORMENT MOVED for the adoption of Ordinance No. 2005, Carey seconded. Motion carried. SIDEWALKS It was noted that the matter of sidewalk con- struction and repairs delineated by State law was not discussed fully at the last work session and will be the subject of further discussion on November 22. DATA PROCESSING Computer System. The FinanceDirector e ast- P recommended that the Cityupgrade r ing computer system from the "UNIVAC 921 4B" system to the "UNIVAC 90/30" sytem. The new system will be installed by approximately March 1, 1977. The option to purchase the system can be made within the first year of the lease contract. This system represents a substantial improvement in the City's capability at a very low cost of expansion. In accordance with the Finance Director's recommendations, KITTO MOVED that the Mayor be authorized to sign a six year lease option agreement on behalf of the City for a "UNIVAC 90/30" Computer System. Johnson seconded. In response to Storment's question, Winkle noted that the cost was $165,449. Motion carried. FIRE DEPARTMENT Fire Station #3 Remodelin . The contract of Fe era Construction Company for the remodeling of Fire Station #3 has been com- pleted and approved by Chief Foster and Building Director Paul Edgerton. JOHNSON MOVED that the Federal Construction con- tract be accepted as complete and that after receipt of the necessary releases from the State, the retainage be released. Storment seconded. Motion carried. A letter was read from Mr. and Mrs. John Mullen praising the promptness and efficiency of the men of the Kent Fire Department in responding to a garage fire recently at the corner of N. Jason and E. Cedar. MASTERS MOVED that the letter be made a part of the record and forwarded to Chief Foster, Carey seconded. Motion carried. A letter was read from the Personnel Manager of National Can Corporation, thanking the Kent Fire Department for the invaluable services they have been providing. MASTERS MOVED that the letter be made a part of the record, Storment seconded. Motion carried. A letter from Jim H. Plemmons of Plemmons Industries was read expressing appreciation to Chief Foster and his men for the excell- ent manner in which they handled the recent fire at the Industrial Park. STORMENT MOVED that the letter be made a part of the record, Masters seconded. Motion carried. CIVIL SERVICE Mayor Hogan reported that several applica- COMMISSION tions have been received for appointment to the vacancy on the Civil Service Commis- sion caused by the resignation of Hal Cline effective December 1, 1976. She suggested that a cutoff date for submission of fur- ther names be set for December 6, and that the names of nominees be brought to the workshop meeting of December 13 for con- sideration and recommendation. Hopefully an appointment could be confirmed at the December 20 Council meeting. BUDGET Bud et Transfers. The City Attorney has prepared an the Finance Committee has approved an ordinance authorizing second quarter budget transfers. McCAUGHAN MOVED that Ordinance No. 2003 amending the 1976 budget or trans ers and adjustments made to various budgets during the second quar- ter of 1976 be adopted, Kitto seconded. Motion carried. Ordinance No. 2004 as approved by the Finance Committee, amending the 1976 budget for trans- fers and adjustments made to various budgets during the third quarter of 1976, was intro- duced by the City Attorney. KITTO MOVED that Ordinance No. 2004 be adopted, Johnson seconded. Motion carried. Kitto reported that budget hearings would begin again on Wednesday, November 17, at 3:30 p.m. KENT COMMONS In connection with the Kent Commons project, a letter was read from Mae and Irving Hamilton regarding the recent bond issue failure. The letter requested that a moratorium be placed on any further spending until ab. true ot consensus could be obtained by public JUST MOVED that the letter be made a part of the record, Kitto seconded. Motion carried. Discussion of the assignment of responsibili- ties for operation of the Kent Commons Phase lA and 1B at the last work session resulted in a request that the Parks Department submit a proposal. Wilson noted that a proposal has been put together for proper staffing of Phase IA and 1B, with necessary adjustments to be made as needed. Mayor Hogan noted that Storment had submitted an alternate proposal to the Council members this evening and suggested that perhaps discussion of the entire matter should be referred to a work- shop session. Street concurred. Johnson questioned whether, if the intent of build- ing Phase lA and 1B was based on the facility being self-sustaining, the operating costs would come from rentals. She opined that perhaps rentals would have to be adjusted the second year if this were to be accomplished. Just stated that his recollection of the discussion of the Kent Commons proposal by the Council made clear that the facility must be self- sustaining. In response to Storment's query, Street determined that letters of intent had been received from five prospective tenants. STORMENT MOVED that the matter be referred to the workshop of December 13, Kitto seconded. Motion carried. Just stated that he would also like to have the motion that was originally made regarding the Kent Commons construction discussed at the same time. HOUSING & 1977 Community Development Projects. Mayor interdepart- COMMUNITY Hogan reported that an informal held on Monday afternoon DEVELOPMENT mental meeting was $20,000 CBD Pedestrian Parkway PROJECTS to discuss item listed under the Population Category. land- She noted that this amount included the furniture, lighting and pos- scaping, street sibly some brickwork in the alley between Book the Pacific National Bank and the Bible the alley has been black - Store. Now that topped, it was felt it might be more appropri- for the ate to reduce the amount allocated parkway. She noted that the alley is used as a loading zone for the book store, as for the four park- well as an access route for Security Savings, and there- ing spaces fore it would not be possible to eliminate traffic. It was suggested that the amount be re- allocated for the Pedestrian Parkway Memorial Park duced to $2,000 and move the listed as project #5 under Needs Parking Lot, & Joint/Interjurisdictional Category, in the amount of $18,000 to the Population Category. The Mayor pointed out that no definite com- mitments had been made to date for any the Pedestrian Parkway and improvements to possibly all that would be done was some street lamp lighting and graphics on the determined wall facing the alley. Street all those items listed under for Just that the Population Category can be funded from the City's share of the population monies. The public hearing was opened by the Mayor. for the The amended recommended priorities 1977 Housing & Community Development Program categories are as follows: I. POPULATION A. Housing Rehabilitation $25,000 B. CBD Pedestrian Walkway - 32,000 Phase II C. CBD Pedestrian Parkway - 2,000 'Phase I 11,000 D. Memorial Park Tot -lot E. Fire Prevention/Smoke 3,000 Detectors F. Planning Monies for 1978 3,331 G. Memorial Park Parking Lot 18,000 H. Optional Reserve _ 1_000 TOTAL $ 95,331 II. JOINT/INTERJURISDICTIONAL 1. Kent Commons - Phase 1B 73,000 2. Communications Dispatch 30,000 Center 3. Green River Trail System 100,000 4. Garrison Creek Park 50,000 III. NEEDS & JOINT/INTERJURISDICTIONAL 1. Kent Commons - Phase 1B (J) 73,000 2. Housing Rehabilitation (N) 50,000 3. Communications Dispatch 30,000 Center (J) 4. Green River Trail System 100,000 (J) 5. Garrison Creek Park (J) 50,000 s- c/l HOUSING & Johnson questioned whether it was necessary COMMUNITY to spend the $18,000 at this time if the DEVELOPMENT CBD Pedestrian Parkway was reduced to $2,000. PROJECTS Street noted that it is wise to budget Popula- tion monies for a particular project and the Mayor concurred, noting that the Joint Policy Committee gives consideration to whether cities use their Population money first before applying for monies under the Joint Projects. She opined that it was important, therefore, that as many items as possible that qualify be included in the Population category. In response to Storment's question, Harris determined that sidewalks on portions of Meeker and Titus Streets and First Avenue were included in Phase II as well as wheelchair ramps. Storment noted that some discussion has been had by the Council regarding repair or replacement of sidewalks on a matching cost basis between the property owners and the City. Harris and Mirk determined for Stor- ment that it is difficult to approach a property owner about sidewalk repairs without an enforceable policy in this regard. Street pointed out that the wheelchair ramps are a major consideration at this point and must be accomplished under State law. He suggested that since there is a time limit with regard to the wheelchair ramps, the matter of a possible joint policy concerning sidewalks should be considered later. It was determined that it will be the subject of discussion at the November 22 workshop. Just expressed concern as to whether a precedent was being set for sidewalk repair being undertaken by the City. Street explained that prioritiza- tion of population monies was the subject of the discussion and the matter of side- walk repair would be discussed later. Mayor Hogan pointed out that while it may be necessary to develop a policy for the entire City regarding sidewalks, the particular funds under discussion must be used in the target areas --the CBD area and the North Park area. McCaughan concurred with Just's concern about setting a prece- dent with regard to sidewalk repairs. There were no further comments from the audience and no correspondence. KITTO MOVED that the hearing be closed, McCaughan seconded. Motion carried. STORMENT MOVED that Resolution No. 815 adopting the 1977 City of Kent Plan for the Housing & Community Development Program under the Housing & Community Development Act of 1974 be adopted, Kitto seconded. Motion carried. RENTON PARK Cedar Center Park (Renton). At the last work session discussion was held regarding a request from Renton that Kent support a proposed Renton park designed for multi -use by the elderly, handicapped, and low and moderate income persons of all ages. The park is to be located on the Cedar River north of the Renton City Hall. RENTON PARK JUST MOVED that the Mayor be authorized to submit a letter of support for the project, Johnson seconded. In response to Masters' question, Street determined that we would not be using any of Kent's population monies by supporting the pro- ject. Mayor Hogan concurred and noted that the Joint Policy Committee would be reviewing the matter. In response to Kitto's question, Mayor Hogan stated that she felt that Kent should give its support to the project and noted that we were asking them to support us in regard to the Communications Dispatch Center. In response to Johnson, Street noted that support of this request by Kent would not interfere with a second request for funds for the Kent Commons project since a prior commitment was made in this regard last year. McCaughan stated that he felt the project was a worthwhile one. Storment commented that he was not against the idea of supporting the Renton proposal but did not want to see Kent lose the money requested for the Communications Dis- patch Center. It was determined that in any event the project would be in competition for funding. Motion carried. REZONES Jackson. The City Attorney introduced Ordinance No. 2000 providing for the rezone of the Jackson property from MRH (Multi - Family High Density) to GC (General Com- mercial). KITTO MOVED for the adoption of Ordinance No. 2000, McCaughan seconded. Motion carried. James. Ordinance No. 2001 rezoning the James property from RA (Residential Agri- cultural) to MRG (Garden Density Multi - Family Residential) was introduced by the City Attorney. KITTO MOVED that Ordi- nance No. 2001 be adopted, Johnson seconded. Motion carried. National Construction Company. On October 26, 1976 the Planning Commission held a public hearing on an application filed by National Construction Company for a rezone from CC (Community Commercial) to HC (Highway Commercial) on property located at approximately 23011 Military Road S. The Planning Commission recommended approval. Planning Director Harris pointed out the location of the proposed rezone on the map and noted that it covered approximately 2.5 acres, to be used for an auto sale facility. Ulett deter- mined for Johnson that the City is pre- sently waiting for documentation on a proposed annexation in the area submitted by Gai's Bakery. Zoning for the proposed annexation cannot be determined at this time. It was pointed out that properties occupied by Gai's Bakery and the Glass Doctor, within King County, are presently zoned GC and properties to the east, across Military Road South and also in King County, are zoned Suburban Residential and occupied by scattered single-family dwellings. REZONES The public hearing was opened by the Mayor. Wally Wilson, broker for John L. Scott Co., noted that he was in attendance at the meet- ing on behalf of National Construction Co. In response to Masters' question, Harris explained that Highway Commercial zoning allows the types of businesses which are highway oriented, such as auto sales, whereas Community Commercial zoning covers businesses such as supermarkets and other pedestrian oriented retail trade. In response to McCaughan, Harris noted that an auto dealer- ship or mobile home dealership was not a permitted use in a Community Commercial zone. Harris determined for McCaughan that property owners to the south within 200' have been notified of the proposed rezone and no response has been received. There were no further comments and no correspondence. JUST MOVED that the hearing be closed, Storment seconded. Motion carried. KITTO MOVED that the recommendation of the Planning Commission be approved and the Attorney directed to prepare an amending ordinance, Just seconded. Motion carried, with McCaughan abstaining. Arthur Forbes. The Planning Commission held a public hearing on October 26, 1976 on an application filed by Arthur Forbes for a rezone from MR-M (Medium Density Multi -Family Residential) to 0 (Office and Professional) zoning. Harris pointed out the location of the property as being on the northwest corner of Canyon Drive and 94th Avenue S., and containing approximately 43,000 square feet or about one acre. The property is presently undeveloped but the present MRM zoning allows 23 units per acre. The Planning Commission recommended approval of the application and the Planning staff recommended denial. The public hearing was opened by the Mayor. It was determined for Mayor Hogan that the Planning Commission recommendation for approval was the result of a 5-4 vote. Street pointed out that if the rezone were to be granted it would in effect abandon the Comprehensive Plan whereby it was anticipated that commercial and office zoning would be either on the Valley floor or up around 104th and Kent- Kangley. In addition, he noted that another rezone request has now been received for the same area. He stated that Canyon Drive cannot accept additional ingress and egress traffic without adversely affecting its ability to handle the large volume of traffic which it already does. Masters concurred with Street regarding the existing traffic situation on Canyon Drive. In response to Johnson, Street pointed out that even multi -family residences do not generate the traffice that offices do. McCaughan noted that it would be possible to erect several offices in the space in question and increase the traffic even more, and open up additional zoning of the same type. REZONE Storment noted that he had received a phone call from Louis Martin, an adjacent property owner, stating that he was not opposed to the rezone and in fact would rather see the area become Office or Commercial than having more apartment houses in the area. Arthur Forbes, the applicant, spoke to the Council, noting that he was a co-owner of the property. He commented that he had explained to the Planning Commission that because of the extremely high banks on both the north and east sides of the property, it is effectively separated from the MRM zoning. He stated that since the property is presently zoned to accomodate 23 dwelling units per acre, such a facility would generate more traffic than would a small medical or dental office building. He also pointed out that a left-hand turn lane exists off Canyon Drive. Masters opined that in spite of the vast improve- ments which have been made to Canyon Drive during the ten year period in which Mr. Forbes has held an interest in the property she still felt that this was a particularly bad intersection. Forbes commented that the property was not com- patible with an apartment house either and that some use of it should be allowed. There were no further comments and no correspondence. JUST MOVED that the hearing be closed, McCaughan seconded. Motion carried. McCAUGHAN MOVED that the rezone request be denied, Just seconded. Motion carried. P A L Company. On September 28, 1976 the Planning Commission held a public hearing on an application filed by the P A L Com- pany for a rezone from HC (Highway Commer- cial) to M-3 (General Industrial) zoning for property located at 22225 East Valley Highway. The hearing was continued so an amended application could be considered. Planning Director Harris pointed out the area on the map and noted that the Plan- ning Department recommended approval of the request to retain the eastern 320' of the subject property HC and rezone the remainder, approximately 332.2', to M-3, based on the following findings: 1) The eastern portion of the property is oriented toward the East Valley Highway, rather than the industrial area to the west. 2) The western portion of the property is bounded on the west and south by M-3 zoning and on the north by CM, Commercial Manufacturing. Harris stated that the Planning Department had earlier recommended denial of the original application which proposed that M-3 zoning would extend all the way to the highway. He noted that the revised M-3 area comprised about an acre. REZONES The Mayor opened the public hearing. Planning Commissioner Jon Johnson spoke from the audience, noting that at the time of the rezone hearing when the Planning Commission had recommended denial, he also had voted against it. However, on further investigation, he was now of the opinion that the requested rezone should be granted. He stated that two of the reasons for deny- ing the request were because of possible air pollution and noise pollution which might be caused by the plastics manufactur- ing company which intended to locate there. He referred to a letter which had been received from the Department of Safety and Health in which they concluded that the operation was in fact far below the allow- able pollution level. Referring to the noise problem which was anticipated, he pointed out that one of the adjacent property owners operated a motel business which catered to the trucking industry and opined that nearby property owners already have to deal with the noise created by such vehicles. He further pointed out that the proposed rezone would not result in spot zoning since M-3 zoning adjoins the area in question. Johnson added that the plastics firm that contemplates locating on the property employs high school and college age persons and would thereby create a new job market for the City. Masters commented that her interpretation of the Planning Commission minutes was that the Planning Department recommended that the front 320' remain Highway Commer- cial zoning. She questioned other reasons for denial since the pollution problems seem to be non-existent. Harris opined that the Planning Commission recommenda- tion may have been based on a petition from residents of the area who were against the rezone which was presented at the hearing. Harris did not concur with Masters' observation that perhaps the zoning for the area was improper and noted that M-3 type uses were already being developed in the area. Harris determined for Storment that the P A L Company itself is not a manufacturing company. Masters questioned whether it was possible the air pollution control agency might make their regulations more stringent in the future because of existing atmospheric conditions in the Valley, thereby precluding this particular type of operation. Harris pointed out that while it was not possible to determine what changes might be made in the future, it should be noted that the level of air pollution in the Valley has dropped over the last two or three years. McCaughan commented that he felt the biggest concern of the Planning Commission was the buffer zone and possible encroachment of M-3 zoning into surrounding residential property. Harris determined that several years ago the area was primarily residential but the people who live there were themselves involved in the Valley area becoming industrial and commercial property. Carey spoke regarding the question of access to the property and noted that the Planning Commission minutes state that City property REZONES would be used. Harris agreed that the City does have a street in the area that would provide access to the property; however, no controversy is anticipated over this since there is public ownership up to the P A L property and access where needed could be negotiated with the City. Masters commented that she was going to vote against the Planning Commission recom- mendation for denial because the City had moved industry into the area some years ago and it should not now become difficult for other industries to locate there, par- ticularly since the properties have been assessed to accomodate industrial develop- ment. She stated she felt it was a reason- able compromise to allotee business to usiness being locate there with the prop exercised by the City departments. There were no further comments and no correspondence. JUST MOVED that the requestof thand th Company for a rezone be approved. Attorney directed to prepare the appropriate amending ordinance. Masters seconded, with McCaughan voting nay. ZONING CODE Sign Regulations. Planning Director Harris AMENDMENT noted that the Planning Commission held a public hearing on October 26, 1976 regard- ing proposed amendment to Section 5.8.5, Sign Regulations Variances, to add the following: "No variance shall be granted from the re uirements pertainin to the Humber of a owa e signs per, occupancy. He explained that the Zoning Code explicitly states that all premises which have more than the permitted number of signs under the provisions of the sign regulations would be required to remove the excess number. He determined for Masters' that the Code was adopted in 1973 so three years has been given to comply with its provisions. Passage of the proposed amendment would prevent people from removing the signs and then coming back to request a variance to allow them to put up additional signs. Harris noted that the Planning Commission did not agree with the Planning staff recommendation and recommended denial of the amendment. Harris noted there was sufficient personnel available to check the areas of the City required to comply with the Code. Mirk clarified for McCaughan that it is not possible to enforce the present ordinance so the proposed amendment was requested. He further noted for McCaughan that simply telling a property owner to remove the excess signs would result in an appeal to the Board of Adjustment for a variance. He suggested that perhaps a $50 fee could be charged for a variance application to discourage some of the appeals. He reiterated that the ordinance provides that only a certain number of signs will be allowed per occupancy by the end of the 3 year period, but the ordinance also gives the right of appeal of that decision to the ZONING CODE Board of Adjustment. He noted that most AMENDMENT of the excess signs were totally amortizd and of little monetary value to the property owner. Responding to McCaughan, he noted that in order to make the ordinance enforce- able the Council should adopt the Planning Department recommendation for the proposed amendment. Once compliance with the Code has been accomplished, if special circum- stances warrant more signs, then the party involved could come back and present his particular situation. In response to Stor- ment, Mirk noted that the Zoning Code determines what comprises a sign. JOHNSON MOVED to table the amendment and refer it back to the workshop for further discussion, Storment seconded. Masters commented that while she did not totally disagree with the City Attorney, she was still of the opinion that following the recommendation of the Planning Department might preclude people from any recourse they might have. In response to McCaughan's question, Harris noted that no attempt has been made to enforce the present ordinance. Motion carried. DISCHARGE OF The request of Tom O'Connell to allow duck FIREARMS hunting on his property inside the City limits was discussed at the last work session and the Administrator directed to notify Mr. O'Connell that the present policy regarding hunting inside the City limits stands. O'Connell addressed the Council, noting that his farm was included in an annexation of approximately 100 acres several years ago. He pointed out that up to the time of the annexation he was allowed to hunt on his property. He stated that because plans to develop his property never materialized it still remains undeveloped and isolated, with no one living close to his duck pond. He further noted that his property is across the River from the Boeing Space Center where a skeet shoot is held by a local gun club every Sunday. In fairness he questioned whether some variance to present City policy could be made. Masters noted that when the policy was adopted several years ago a thorough investigation was made of the various complaints caused by apparently irresponsible hunters. She pointed out that the State Game Department had notified the City they would no longer plant game birds in the area and suggested that as a practical matter the City adopt a itno hunting inside the City limits" policy. She also noted that a similar request to allow hunting in the City was denied about a year ago. Mayor Hogan stated that the Council had discussed Mr. O'Connell's request at a workshop and believed it was the consensus of opinion that present City policy should not be changed. Mirk determined for Storment that the discharge of firearms was allowed DISCHARGE OF by the Boeing Rod & Gun Club because a FIREARMS controlled situation exists. MASTERS MOVED that the Council decision be clari- fied for O'Connell, Just seconded. Mayor Hogan noted that the motion to clarify was inappropriate because a consensus of opinion had appeared on the agenda and should either be upheld or changed. JUST MOVED that the Council uphold its present policy, Masters seconded. Storment pointed out that in fairness to Mr. O'Connell and other citizens, his interpretation would be to disallow the discharge of firearms by everybody inside the City limits, includ- ing organized gun clubs. Masters concurred. McCaughan stated that he was not in attend- ance at the workshop but it appeared that since industry was restricted in that area and the zoning Residential Agricultural, perhaps hunting should be considered for RA zoned areas if the residents agreed. Johnson questioned whether the entire City would be open to hunting if the present policy was not upheld and 11irk determined the present ordinance would have to be changed first. Kitto proposed that a report be obtained from the Police Chief regarding his views on the matter. Street explained that the present policy was based on a report obtained from the Police Department. The motion failed, with only Masters voting aye. STORMENT MOVED that the City Attorney be directed to amend the present ordinance to disallow the discharge of firearms within the City limits of Kent by any person other than a police officer in the line of duty. Motion failed for lack of a second. KITTO MOVED that the matter be referred back to the December 13 workshop, Carey seconded, to determine whether the present policy should be upheld or changed. Motion carried, with Masters and Just voting nay. TRAFFIC Mirk noted that a portion of Frager Road would be closed on Tuesday morning to allow a film company in the area shooting a movie to film scenes involving an auto- mobile chase and car plunging into the River. FINANCE McCAUGHAN MOVED that the bills received on or before November 19, 1976 and approved by the Finance Committee at its meeting to be held at 8:00 a.m., November 30, 1976 be paid. Just seconded. Motion carried. The following claims were approved by the Finance Comittee at its meeting on November 15, 1976: 7 FINANCE Current Expense $ 14,815.22 Fed/State Grant 24.06 Parks & Recreation 5,925.32 Library 298.91 City Streets 10,265.55 Federal Shared Revenue 34,926.21 Kent Commons Construction 3,590.85 Smith - Central to 4th 69,629.54 Equipment Rental 5,024.63 Hsng & Comm Devlpmnt 9.25 Firemens Relief & Pension 1,161.19 LEOFF Disability 2,440.72 ULID #1 33.63 LID #278 1,103.27 Utilities Clearing 236.03 Sewer 1,863.22 Water 9,870.56 Garbage 3.8 , 201.60 MEETING ADJOURNED: 9:50 p.m. $199,419.76 Respectfully submitted, Betty ray, City Clerk Pro Tem