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HomeMy WebLinkAbout2010-06-28 Committee of the Whole MinutesTukwila City Council Committee of the Whole Meeting City Hall Council Chambers June 28, 2010 7:00 P.M. MINUTES CALL TO ORDER/PLEDGE OF ALLEGIANCE Council President Robertson called the Tukwila City Council meeting to order at 7 p m and led the audience in the Pledge of Allegiance. OFFICIALS Present were Dennis Robertson, Council President, Councilmembers Joe Duffie, Joan Hernandez, Allan Ekberg, Verna Seal, Kathy Hougardy, De'Sean Quinn CITY OFFICIALS Jim Haggerton, Mayor; Steve Lancaster, City Administrator; Shawn Hunstock, Finance Director; Peggy McCarthy, Deputy Finance Director; Nick Olivas, Fire Chief; Don Lincoln, Assistant Police Chief; Frank Iriarte, Public Works Deputy Director; Gail Labanara, Public Works Analyst; Jack Pace, Community Development Director; Nora Gierloff, Deputy Community Development Director; Brandon Miles, Senior Planner; Rebecca Fox, Senior Planner; Stacy MacGregor, Community Development Assistant Planner; Kimberly Matej, Council Analyst; Melissa Hart, Deputy City Clerk. CITIZEN COMMENTS Vanessa Zaputil, 15171 52 Avenue South, #5, thanked the members of the Council for attending the Sound Transit Community meeting on June 24, 2010. PUBLIC HEARING Sign Code update ordinance. Brandon Miles, Senior Planner, explained the Planning Commission has prepared a draft Sign Code. Goals for the meeting included City Council's review of those ordinances, public comment, and then discussion of the best Council process for adoption. The Sign Codes help level the playing field for different property owners Mr Miles explained the existing Sign Code was written in 1982 and Tukwila has changed significantly since that time, particularly in terms of demographics among different neighborhoods, for instance with a shift from industrial business to retail shops and mixed use. Mixed use, in particular, created unique signage issues along Tukwila International Boulevard. The Council and the Mayor's office sought public involvement in the Sign Code review process, including a Sign Code Advisory Committee that included Councilmembers, Planning Commission members, residents, and business representatives Their task was to focus on the general issues, such as Tukwila's future appearance in relation to signage. Four items came out of that advisory committee process: 1) Signs should contribute to, and be consistent with, the urban environment 2) Additional signs should be permitted for large properties 3) Reward certain types of buildings that comply with certain development standards 4) Code flexibility Mr Miles provided a comparison between the existing Sign Code and the proposed revisions: 1) Both the existing and draft Sign Codes only regulate those signs that are discernable from the public right -of -way. 2) The draft code remained content neutral. 3) The draft code has no specific limit on the number of signs per business, in contrast to existing limits. Tukwila City Council Committee of the Whole Minutes June 28, 2010 Page 2 of 9 4) The draft code moved to monument only for freestanding signs, which is a large change from existing code. 5) The draft code expands the number of building- mounted signs allowed throughout the City. 6) The draft code continued to allow building- mounted signs but would also allow a. Awning mounted signs b. Projecting signs c Corner projecting signs d Canopy edge signs e. Under awning canopy signs f Canopy side signs g. Permanent window signs 7) The draft code is flexible depending on the type of building or development. An example would be a building that allows for some transparency would qualify for additional building- mounted signs. 8) Construction of a parking garage qualifies that development for additional signage 9) The number of freestanding signs has increased, but with a concurrent reduction in height. Pole signs are no longer permitted. Monument signs are still allowed and setback requirements would not be as strict as under the current code. 10) A Master Sign Program was developed for large properties and retail complexes. This program would allow for case -by -case customization of the sign budget based on the property's unique conditions. That customization would be accommodated either administratively or via the Planning Commission. Examples include. Southcenter, Best Buy, Target, and the Wig Development. 11) No change in residential zones. 12) Dynamic displays would be allowed to a limited degree for projecting signs, small mechanical displays and flashing lights. However, TV images would not be allowed. Digital reader boards would be allowed in residential zones for institutional uses, similar to what is currently allowed for Foster High School. 13) Temporary Sign Code regulations remained largely unchanged. 14) Special events signage had minor changes. Every business would be allowed one special event every 24 months, versus the current code, which restricts special signage to grand openings 15) Billboards: the Advisory Committee and Planning Commission looked at the use of a few billboard receiving areas around the City. The idea would be to incentivize billboard placement such that billboards would go up in those areas and come down where they are not as desirable. 16) Freeway interchange signs would no longer be permitted under the new code. However, those properties that qualify for the Master Sign Program could put in grand monument signs no taller than the building. 17) Non conforming regulations: The Advisory Committee and Planning Commission worked to minimize the number of signs that would be rendered non conforming under the changes The City will have two distinct tracks for non conforming signs: a. All signs currently in compliance with the existing codes will be given a 10 -year grace period. At the end of the 10 -year period, the signs can still stay up until the next face change. b. Signs that do not already comply with the current Sign Code would have to be removed the next time the property owners do a face change, just as already dictated under the current code. 18) Abandoned signs will be handled under the new code, in contrast to very little coverage under existing code. 7:21 p.m. Council President Robertson opened the Public Hearing and called for public comments. Robert Schofield, 4212 Hunts Point Road, Bellevue, explained that he owns six small shopping centers in Tukwila. He felt the Advisory Committee and Planning Commission did not address those sections of the code that impact small businesses such as his. The lack of consideration has a severe negative impact on small businesses and shopping centers. Small businesses are the single greatest source for new jobs in the United States, and they rely on big stores to create the marketplace to bring in customers. They do not have the money to pay for much advertising. When potential customers are in the neighborhood, the only way those businesses can advertise their presence is via signage There are Tukwila City Council Committee of the Whole Minutes June 28, 2010 Page 3 of 9 approximately 70 small businesses on Southcenter Parkway, which is a tremendous tax base. He has designed his shopping centers over the years in good faith with the existing Sign Code He tried to maximize the size and number of buildings on each lot, to maximize sales and tax dollars for the City. Yet this new Sign Code would mean severe reductions in his frontage signage, which is so important to his businesses. For instance, those businesses located on the backside of buildings do not have any direct visual exposure to passersby. The only way people know they are there is via signage. The new code would reduce his on- fascia sign area by 52 The new code will mean he will have to drop his sign height from 20 feet to 6 feet, and the bottom 2 feet are not even visible because of landscaping. That will result in some businesses failing, and his centers will go downhill like Center Place and other hard -to -fill properties. He expects he will lose a full 50% of the value of his shopping center thanks to spaces that cannot stay in business, because they could not have adequate signage. Small businesses will locate elsewhere, and the City will lose volume. Both the property owners and the City will suffer. He asked that the City consider creation of a corridor along Southcenter Parkway, with special signage needs for small businesses like his Karlyne Iwata, 10710 66 Avenue South, Seattle, owns approximately 1,300 sq ft. of frontage along Southcenter Parkway. The three shopping centers on that property are comprised of small businesses. She was concerned about the impact these code changes will have on those small businesses and their ability to pay rent. Her family has lived and worked in Tukwila since 1912. The family's original farm was eventually sacrificed to various projects such as 1 -5 and Southcenter Parkway, but the remains of that farm were developed into the retail properties that the family still relies on. Pam Carter, 4115 South 139 Street, explained that she did not have comments on proposed changes to the Sign Code However, she asked that the Council verify the code allows for adequate signage for essential public facilities, specifically signage for the new light rail station She explained there is currently no signage on Tukwila International Boulevard for that station. She has seen signs for similar stations in the Rainier Valley, but so far those signs are not present in Tukwila. Ms Carter explained that information she has been provided by staff is that those types of signs are not allowed in Tukwila. She does not know how sign regulations apply to that site. There is a single monument type sign on the side street for that property, but it is virtually unreadable while driving. She felt it reflected poorly on Tukwila that their code does not allow the same signage for that station that other cities have, and it does a disservice to both the station and the City. Ms. Carter distributed a picture of the signage identifying the Light Rail Station in the Rainier Valley. Jerome Baruffi, 411 Strander Boulevard, explained that he owns the medical dental building at 411 Strander Boulevard. His building has frontage on two roads, and he would like to add a sign that stylistically is consistent with other medical dental type buildings, where the building is named and then each tenant within the building is named. He provided copies of examples that desired signage to the Council To date, he has not been able to erect signs like that and some of his tenants have never been able to put up signage with their name on it. He felt that since his building is on two frontages, he should be able to find a way to put up signs that would work for his tenants. Mr. Baruffi explained that he has been informed his signage would not work because it would be too tall, and he wanted pedestal signs, both of which are being discussed in the code changes. Council President Robertson suggested Mr Baruffi discuss his particular issues with staff directly after the public hearing. Mon Wig, 4811 134 Place SE, Bellevue, complimented the staff for the wonderful job they did under the Master Sign Program, which impacts his development, Southcenter Square He attended a number of those meetings, and his input and needs were incorporated into the City's proposed code changes. Nicholas Lee, 2800 Southcenter Mall, expressed appreciation of the City staff's efforts with the new Sign Code. He explained that he supports adoption of the new Sign Code as drafted, with the exception of two portions of the Master Sign Program: the maximum area for wall- mounted signs and the pedestal sign allowance. Southcenter is currently vested to the existing Sign Code but the mall planned to adopt the revised code as soon as it is adopted. The proposed Sign Code would limit the mall's maximum signage area to 6% of building face or a maximum of 250 square feet. He felt the 6% limit was fine, but they are currently allowed signs up to 500 square feet. There is one instance where the mall would go Tukwila City Council Committee of the Whole Minutes June 28, 2010 Page 4 of 9 into non conformance under the proposed 250 square -foot cap, with the new Seafood City store. Westfield does not want to create a nonconforming situation. Instead, he proposed that properties above 85 acres be limited to 500 square feet as currently allowed. Mr. Lee explained the limits for grand monument signs are restrictive They would very much like to advertise their expansion area for the drivers on the freeway, since the expansion area and those businesses are not directly visible from the freeways They originally proposed a larger maximum sign allowance, but have recently reduced their requested signage area down to 500 square feet, which is the maximum allowed area on a building- mounted sign. Again, that would only be for properties greater than 85 acres. Finally, they had originally requested a maximum sign height of 145 feet, but they reduced that request to a height of 115 feet, which is the maximum building height currently allowed in the Tukwila Urban Center. He explained that Bellevue recently permitted a similar sign for Factoria Mall. Melissa Hart, Deputy City Clerk, acknowledged receipt of 6 written comments received in the City Clerk's Office relating to the Sign Code Update Public Hearing The following comments were distributed to the City Council and read into the record: 1 A letter from the Northwest Sign Council with Sign Code update recommendations, dated June 25, 2010, for the June 28, 2010 Public Hearing. 2. A letter from Christian Robert Schofield with Sign Code update recommendations, dated June 24, 2010, for the June 28, 2010 Public Hearing. 3. A letter from Medical Centers, LLC with Sign Code update recommendations and schematics, dated June 25, 2010, for the June 28, 2010 Public Hearing. 4. A letter from National Sign Company with Sign Code update recommendations, dated April 22, 2010, with a request to be included at the June 28, 2010 Public Hearing. 5 An e -mail from 5Creative with Sign Code update recommendations, dated June 28, 2010, for the June 28, 2010 Public Hearing. 6. A letter from Westfield Southcenter with Sign Code update recommendations, dated June 28, 2010, for the June 28, 2010 Public Hearing 7:48 p.m. Council President Robertson closed the Public Hearing. SPECIAL ISSUES a. Two resolutions for surplus fire equipment. Councilmember Quinn indicated this item was discussed at the Finance and Safety Committee meeting on June 22, 2010. The committee members were unanimous in recommending approval. The Council is being asked to approve two resolutions declaring Fire Department equipment as surplus and authorizing its donation. Staff is recommending the rescue backboards be donated to the Maple Valley Fire and Life Safety Department, 1 Amkus Rescue System (Jaws of Life) to the Salmon River Fire Department in Idaho (a former donation recipient), and 1 Amkus Rescue System to the North Highline Fire District. COUNCIL CONSENSUS EXISTED TO FORWARD THIS ITEM TO THE NEXT REGULAR MEETING. b. Sign Code update ordinance. Councilmember Duffie indicated this item was discussed at the Community Affairs and Parks Committee meeting on June 14, 2010. The committee members forwarded this item to the June 28, 2010 Committee of the Whole meeting for Council discussion. Tukwila City Council Committee of the Whole Minutes June 28, 2010 Page 5 of 9 After Council discussion, there was consensus to have staff provide additional information in response to the testimony that was received during this evening's public hearing. COUNCIL CONSENSUS EXISTED TO FORWARD THIS ITEM TO THE JULY 12, 2010 COMMITTEE OF THE WHOLE MEETING. c. Comprehensive Plan Amendments (held in public meeting format). Councilmember Duffie indicated this item was discussed at the Community Affairs and Parks Committee meeting on June 14, 2010. The committee members were unanimous in recommending approval. 8:10 p.m. Council President Robertson called for public comments. Rebecca Fox, Senior Planner, explained this first discussion is only a screening review of the applications for Comprehensive Plan amendments. The review criteria are very general at this point in the process 1) Is the issue already covered in the Comprehensive Plan? 2) Is the proposed change needed? 3) Is this the best means to meet the public need? 4) Is there a benefit to the community? Ms Fox utilized a PowerPoint presentation outlining the requested changes and their associated applications 1) The Wooden, LLC property wanted to rezone the two properties from Manufacturing Industrial Center and Low Density Residential to Office designation The primary change would be to allow professional office uses with housing units above, versus the current industrial uses. 2) The Macadam LLC property wanted to rezone a single parcel from Commercial Light Industrial to Medium Density Residential. That change would allow up to 14.5 housing units per acre versus light industrial uses This particular lot has a variety of environmental issues such as wetlands and buffer zones, so there is not much developable land A code violation on that property is also being resolved. 3) Establish zoning in Tukwila South annexation area. Upon completion of the Tukwila South annexation in 2009, it was discovered the City did not have adequate zoning in place, and the new zones would be consistent with the Comprehensive Plan designations. Frank Firmani, 911 Western Avenue, Suite 318, Seattle, indicated he is the owner and developer of the Wooden, LLC properties, and he wanted to reassure the Council that the goal is to build a new, small office building. He explained the building would be designed in keeping with the City's aesthetic goals, particularly along the river corridor. The building would be certified under Leadership in Energy and Environmental Design (LEED) standards, with the ultimate goal of tenants that are somehow related to the protection of the Duwamish River channel. Josh Johns, 911 Western Avenue, Suite 318, Seattle, explained that he has worked with Mr. Firmani on the Wooden, LLC rezone. He felt the rezone would be a positive move for the neighborhood. That parcel lies in a unique convergence of an industrial zone, a residential zone, and a City park. When they first began discussing development, they went right to Bruce Fletcher, Director of the Parks Department, and discussed their plans and options with him. His letter of endorsement is included in their application packet. The revisions include three parcels of land, the third being a tiny sliver of land across the street bordering the Duwamish River. As part of their rezoning, they would donate that small parcel to the Parks Department, with the assumption the City would rezone it as park land. He felt a small office building would suit the area much better than light industrial usage. Councilmember Hernandez asked whether the properties were actually two lots, but were being handled as one parcel and one building. Mr. Johns confirmed that in the future it would become one parcel and one building, with one office zoning. Tukwila City Council Committee of the Whole Minutes June 28, 2010 Page 6 of 9 Georgina Kerr, 3836 South 116 Street, explained that she lives across the street from the Wooden project, and she has not had any contact with the developer With the proposed change, the neighborhood will be directly impacted. She explained that some of the neighbors are unhappy with this proposal. While the applicants talk about a green building, she sees an increase in impervious surfaces, more noise, and more activity. She is not aware of anyone in the neighborhood who favored this development. Everyone she has spoken with is against it. Matthew Patton, 11535 40 Avenue South, is directly across the river from the proposed Wooden building zone. He is not necessarily opposed to the development, but he is concerned about how commercial zoning would fit into a residential neighborhood. In particular, he asked how parking would be accommodated along the river, and whether or not parking would overflow into the River Bend Hill parking lot. He would like more information on those types of questions, and more detail about the process a request like this would go through He would also like a public meeting between the developer and the neighbors. Betty Gully, 13017 Macadam Road South, explained that she lives very close to the Macadam, LLC project. She has seen some of the preliminary drawings, and she wanted to compliment Mr. Becker on those designs, as they blend well with the existing community on that upper side. Her only concern is the wetlands. Her neighborhood worked so hard to develop the wetland there, and river otters and blue heron have been seen there and ducks are currently nesting there The several wetlands in the area impact each other. She hoped the process moved forward, but with due diligence to protect those wetland areas. Barry Becker, 4446 South 131 Street, is the owner of the Macadam, LLC parcel. He explained the plan is to restore the wetlands and buffer area to the best possible condition for the fish and habitat, and none of the trees will be impacted. The reason they want to change the zoning is because the wetland is along the curve, but the rezone would allow them to do some building farther into the property. The Medium Density Residential zoning would allow them to put in townhomes because of the zero lot lines in the middle to allow for better parcel utilization while still preserving the wetlands that are there 8:40 p.m. Council President Robertson closed the Public Meeting. COUNCIL CONSENSUS EXISTED TO FORWARD THIS ITEM TO THE NEXT REGULAR MEETING. d. Noise regulations. Councilmember Duffie indicated this item was discussed at the Community Affairs and Parks Committee meeting on June 14, 2010. The committee members forwarded this item to the June 28, 2010 Committee of the Whole meeting for Council discussion. Stacy MacGregor, Assistant Planner, explained the City needed to update the Noise Code for two primary reasons. 1) Existing code is difficult to administer and almost impossible to enforce. 2) The variance process is not codified, does not charge a fee and variances are routinely granted as requested. The proposed Noise Code has been reviewed at several Council meetings since April, including one public hearing. The feedback has resulted in changes, refinements, and additions to the draft ordinance 1) Residential parties 2) Use of a decibel meter 3) Noticing at the onset of a noise event (variance and highway maintenance) 4) Property maintenance and construction noise 5) Emergency work Ms. MacGregor reported it was revealed through the public hearing process, that a number of nighttime noise sources, which may not have generated complaints but which were still onerous, such as carpet cleaning, leaf blowing, parking lot sweeping, construction starting prior to 7 a.m., and Sound Transit track maintenance, had been serious issues for residents. The new code addresses these concerns: Tukwila City Council Committee of the Whole Minutes June 28, 2010 Page 7 of 9 1) A provision was added to require notice prior to a residential party. 2) A provision requires notice upon the start of highway maintenance noise events as a condition of all variances. 3) The code added weather events to the definition of Emergency Work to exempt noise created during response to extreme weather events. 4) The new code proposed that construction and maintenance noise not be exempted In the current code, a variance is required for nighttime construction and maintenance noise This proposed change preserves the existing standard. This particular item generated a lot of debate as staff tried to strike a balance between residential and commercial needs. 5) The fees section was corrected and updated to reflect fees effective on July 1 Councilmember Ekberg asked who would make the notification to neighbors Ms. MacGregor explained the applicant would be responsible for the notification, and staff could generate a list of addresses to be notified. Councilmember Hougardy asked Ms MacGregor to explain the language related to nighttime noise not being exempted and requiring a variance. Ms. MacGregor explained the new code tried to reconcile the use of the decibel meter with the less formal phrase of plainly audible. If a commercial activity can be heard within a residential unit at night, it is too loud. That simple rule of thumb would allow the Police Department to cite the noise source, without reliance upon a decibel meter. In the past, an acoustical engineer would have to use a decibel meter to measure how loud that sound was, which was not a practical way to enforce the code Any business conducting such activities would be required to get a variance Mikel Hansen, 12201 Tukwila International Boulevard, indicated he was speaking on behalf of Sabey Corporation. He spoke at the previous Community Affairs and Parks Committee meeting on this topic, and he felt the staff has done a very good job of balancing the various issues. He asked that Council be mindful of unintended consequences when reviewing a code such as this, since the balance is so easily tipped. For example, the Intergate East and Intergate West technology campuses along Tukwila International Boulevard all feature rooftop air conditioning units Those units could be heard, but they have worked very hard to minimize that noise and ensure those units are within existing code. He just wanted to ensure they could continue to be in business He thanked staff for being so patient with him and all his questions, and he hopes that everyone continues to work together to create code that serves everyone. Vanessa Zaputil, 15171 52 Avenue South, #5, thanked the City staff and Council for their work on this new Noise Code and willingness to find solutions. She knew a lot of work has been done on this new ordinance, with the intention of making it easier to enforce, which she supported wholeheartedly. She believes the proposed ordinance is successful in that regard, because it addresses and reflects Tukwila's unique blend of residential and commercial neighbors. Her concerns have been acknowledged and worked through in an equitable fashion. She believes these proposed changes are the best compromise possible. COUNCIL CONSENSUS EXISTED TO FORWARD THIS ITEM TO THE NEXT REGULAR MEETING. 9:35 p.m. Council President Robertson declared a brief recess. 9:41 p.m. Council President Robertson reconvened the Committee of the Whole Meeting. e. Review planned revenue enhancements: Revenue Generating Regulatory License (RGRL), Utility Tax and Business Licenses, as well as potential "voter approved" revenue enhancements. Shawn Hunstock, Finance Director, explained the City Council has reviewed nine revenue enhancement options in prior weeks at several recent Committee of the Whole meetings. Tukwila City Council Committee of the Whole Minutes June 28, 2010 Page 8 of 9 1. Property tax levy lid lift Council to review again in 2011. 2 EMS levy Hold due to options on Fire Services. 3 Utility tax increase and /or extension Draft ordinances for review. 4. Business license fee increase Draft ordinances for review 5. Revenue generating regulatory license (head tax) Draft ordinances for review 6 Planning fee increase Council adopted the changes on June 21, 2010. 7. Transportation Benefit District (TBD) license fee Council removed from consideration 8. TBD sales tax Staff will return with information in July 2010 9. Special purpose fire authority Constituting a committee to explore that option. After Council discussion, there was consensus to forward the draft ordinances for the Revenue Generating Regulatory License, utility tax increase and /or extension and business license fee increase to the July 12, 2010 Committee of the Whole meeting. REPORTS a. Mayor Mayor Haggerton attended the Association of Washington Cities (AWC) conference in Vancouver June 22 through June 23 and June 25, 2010. On June 24, 2010, he attended the Rock'n'Roll Marathon Media event and the Rock -n -Roll Marathon on June 26, 2010. He explained that nearly 28,000 marathon participants registered for the event. On June 28, 2010, he had the chance to provide a tour for King County Executive Dow Constantine and Sung Yang, Director of Government Relations, of various locations in Tukwila. b. City Council Councilmember Hernandez attended the Southwest King County Chamber of Commerce Business After Hours event on June 23, 2010. On June 24, 2010, she attended the Rock'n'Roll Marathon media event and the Sound Transit community meeting. Councilmember Ekberg attended the Southwest King County Chamber of Commerce Business After Hours event on June 23, 2010. On June 24, 2010, he attended the Rock'n'Roll Marathon media event and the Sound Transit community meeting. Councilmember Seal attended the Sound Transit community meeting on June 24, 2010 Councilmember Quinn attended the Rock'n'Roll Marathon on June 26, 2010. c. Staff There was no report. d. City Attorney The City Attorney's presence is not required at Committee of the Whole meetings e. Intergovernmental Kimberly Matej, Council Analyst, reminded the Council of the upcoming small group Tukwila and SeaTac joint meeting. MISCELLANEOUS Councilmember Hernandez requested the City Administrator include one additional item for the Executive Session on July 6, 2010 relating to potential litigation. Steve Lancaster, City Administrator, indicated he would discuss the issue with the City Attorney Tukwila City Council Committee of the Whole Minutes June 28, 2010 ADJOURNMENT 10:25 p.m. COUNCIL PRESIDENT ROBERTSON DECLARED THE COMMITTEE OF THE WHOLE MEETING ADJOURNED. vt, (-2&-eA, Dennis Robertson, Council President Minutes by Lady of Letters, Inc. Reviewed by Melissa Hart, Deputy City Clerk Page 9 of 9