HomeMy WebLinkAbout1998-10-19 Regular MinutesROLL CALL:
OFFICIALS:
Litigation Pursuant to RCW 42.30.110(1)(b) :30 minutes.
SPECIAL PRESENTATIONS:
TUKWILA CITY COUNCIL
October 19, 1998
Council Chambers City Hall
EXECUTIVE SESSION 6:30 n.m.
REGULAR MEETING 7:00 n.m.
MINUTES
CALL TO ORDER/PLEDGE OF ALLEGIANCE:
Mayor Wally Rants called the Regular meeting to order at 7:00 p.m., in Council Chambers, City
Hall, and led the Pledge of Allegiance.
City Clerk Jane Cantu called the roll of Council. Present were Councilmembers Joe Duffle, Joan
Hernandez, Steve Mullet, Pam Carter, Jim Haggerton and Dave Fenton. Also present was
Council President Pamela Linder.
City Administrator John McFarland, Assistant City Administrator Rhonda Berry, City Clerk Jane
Cantu, Deputy City Clerk Bob Baker, Council Analyst Lucy Lauterbach, Police Chief Keith
Haines, Community Development Director Steve Lancaster and Assistant City Attorney, Graham
Black. City Attorney Bob Noe was absent due to illness.
a. Presentation of Plaaue Honoring Captain Craig Westbv
Mayor Rants presented a plaque to Captain Craig Westby, Tukwila Police Department, for 20
years of service to the citizens of this City. He has worked duty assignments, such as patrol and
currently serves as a member of the command staff. He has earned the respect and admiration of
those around him and helps make Tukwila a safe place to live and work.
Chief Haines then presented Cpt. Westby with a plaque commemorating his years of service. In
addition to serving as a model leader and example to those around him, Chief Haines noted the
Captain has also been a stable anchor within the department. The Captain was congratulated for
his time and thanked for his service.
City of Tukwila
City Council Regular Meeting Minutes
b. Onen/Closed Ouasi- Judicial Hearings
Page 2 of 11
October 19, 1998
Assistant City Attorney Graham Black reviewed some of the language /definitions of the open
public meetings act. Under the 1995 Regulatory Reform Act, a new type of hearing was
introduced the open record public hearing. This type of hearing is used to handle issues of land
use. These hearings are essentially a time for the Council to receive testimony and /or other
information from which a decision can be made. There are also closed record appeals which are
conducted at public meetings. Closed record appeals happen after an open public record hearing.
These are significant under Regulatory Reform due to the fact this is the only time this
information may come to the Council. This is a change in the fouiier process whereby
information was received, council deliberated, more information came in, council deliberated,
and so on. In 1995, the legislature changed the rules to allow for only one open record public
hearing to receive all information and then a decision is made.
When such cases are appealed, only that information received at the hearing is forwarded to the
appellate decision making body; i.e., the Council, hearing examiner or Superior Court. No new
information or evidence may be introduced.
Legislative hearings do not follow Regulatory Reform rules, so Council can receive information
over a series of hearings and in a different formats. Quasi Judicial hearings, unlike the
legislative hearings, are related to specific property.
The appearance of fairness doctrine is adhered to when quasi-judicial hearings are conducted.
The doctrine states the hearing and decision must not only be fair; but must also appear to be fair.
The City Attorney's Office can provide Council with specific information which should and
should not appear on the record for those types of hearing.
Councilmember Haggerton asked about administering an oath to those who would testify. He
said it appears we have begun doing more than in the past. He asked if there had been a change
in legislation regarding same. Attorney Black stated there was no recent change in State law.
The rule is each local jurisdiction may choose their own procedures regarding this item at
hearings.
Mayor Rants noted we have used the oath in quasi-judicial hearings. City Administrator
McFarland added a recommendation was received from the City Attorney's Office approximately
two or three years ago, which stated the City should begin administering the oath to those who
would give testimony at public meetings, whether quasi-judicial or not. So this is a
recommendation, not a requirement.
Councilmember Carter asked if there are any pros /cons between having an open information
meeting or a public hearing? If the Council wants public opinion or feeling, may they invite
people to comment specifically on that item without advertising it as a public hearing? Attorney
Black responded in the affirmative. He simply advised them to stay out of the quasi-judicial
arena. He stated there is nothing wrong with holding a series of different forums for the public to
provide opinions or data, so long as statutory requirements for notice are followed.
City of Tukwila
City Council Regular Meeting Minutes
CITIZEN COMMENT:
No citizen comment was received.
CONSENT AGENDA:
PUBLIC HEARING:
An ordinance amending the current sign code.
(7:14 p.m.) Mayor Rants opened the public hearing.
Page 3 of 11
October 19, 1998
a. Annroval of Minutes Regular Meeting October 5. 1998
b. Annroval of Vouchers No. 207706 207993 in the amount of 5700.311.49
Councilmember Duffie moved; Council President Linder seconded, approval of the consent
agenda, as presented. The motion carried 7 -0.
Assistant Planner Deb Ritter addressed the Council. She noted the proposal before Council is to
amend the sign code through the adoption of a staged compliance sign amortization ordinance.
The goal of the program is to bring all non conforming signage in the City into conformance by
the end of the program. Under the current proposal, the length of the program is 7.5 years. Such
a program would achieve amortization gradually over this period and would provide incentives
for early action on the part of property owners and tenants. The program allows for the
continued use of non conforming signage during the amortization period.
The program deals with two types of signs illegal and non conforming. All illegal signs would
have to be removed or become conforming in the first six months of the program. Non-
conforming signs that are off premises would have to become conforming within the first 18
months of the program. Non conforming signs on premises would have three years to become
conforming; however, property owners entering into what is proposed as a voluntary sign
reduction agreement, would have an extended time to become conforming (somewhere between
4.5 and 7.5 years). This agreement allows owners and tenants to tailor a compliance program
that can meet their needs while implementing an immediate reduction in their non conforming
signage.
Mikel Hansen. Southcenter Mall General Manager, shared his concern for the marquee sign
on the NW corner of the mall lot, which may be subject to non conforming status under the
proposed plan. The sign was installed in 1968 and is an integral part of their business in the
identification of the mall and the Southcenter central business district. He is in favor of
improving the looks of the signs within the City, however, it would appear there is not a good
handle on those signs which might be affected. He suggested the City look at the inventories and
perhaps consider grandfather language and what can be done to protect the businesses who have
been in business for a number of years.
City of Tukwila
City Council Regular Meeting Minutes
Page 4 of 11
October 19, 1998
Michael Ainnensbach P. 0. Box 95429. Seattle representing the Lewis and Clark SRO on
Highway 99, noted they have been supportive of such things as annexation into and revitalization
of the City. He believes there is not enough detailed information regarding sign inventory to
determine what the impacts may be on the businesses. In his experience, the 80 -20 rule applies.
Twenty percent of the signs will cause the City eighty percent of the work. There is a lot of work
on inventory and record keeping which goes into this type of program. The City of Bellevue
went through this and the amortization program never came into play due to the fact there was
enough turnover of businesses and the signs changed, so they never got around to amortizing any
particular sign. He urged the Council to review this in more detail before acting.
Mike McCormick 246 Highway 99 South. Tukwila, He and his partners recently purchased
the KC Mall, a small strip mall. They have enjoyed cooperation with the City thus far as they
have cleaned and upgraded their property. He believes he may have missed the 15 feet on his tall
sign by 18 and correcting the problem would eliminate one parking space. He has a
requirement to have a certain amount of spaces in order to conform to law of the rental spaces he
has. Therefore, he may have to reduce some of the rental areas, or their square footage. He may
not be alone in this process. He wonders what may happen with this situation. He also stated his
concern that the grandfather clause may not be applicable in this situation. Cost is very relative
and people may have financial difficulties complying.
Councilmember Fenton, speaking in connection with the Adopt -A- Highway Program,
complimented Mr. McCormick and his partners for their efforts in cleaning up their area. He
noted the lot looks 100% better than it has in the past.
Councilmember Mullet noted that much of the proposed ordinance has to do with a staged
(gradual) plan. He asked if Mr. McCormick had the opportunity to review the proposed
ordinance and whether or not the gradual plan would work for him. Mr. McCormick said the
only problem he has is not knowing how long he will actually have /own the mall. He and his
partners like to upgrade and turn them around; however, they like this location and may stay for
some time. He wonders how much it will cost to move the sign seven years from now. He
believed this was an ordinance already in place rather than a proposed ordinance.
Councilmember Duffle asked for clarification relating the 15 feet Mr. McCormick mentioned
earlier. Mr. McCormick said he measured what he thought was the property line and it does not
conform to fit the proposed 15 feet from the property line. It misses by 18 inches. If and when
they do conform, the only way they can put the sign in will be to remove one parking space. He
wondered how many people would run into that same problem. The sign existed when the
building was purchased.
Lynn Livengood 3716 So. 144th St.. Tukwila, Tru Value, stated more thought should go into
the proposed program. A few more details should be ironed out before making a final decision.
He would like information on the grandfathering program and the possibility of a waiver. He
stated the importance of visibility to and off the highway. They have three sides to their store.
He understands the proposed ordinance would restrict his signage. He wants to conform, yet
feels this is restrictive due to competition. He wonders if two or more separate sign codes should
be created.
City of Tukwila
City Council Regular Meeting Minutes
Bob Comiskey. 15210 Pacific Highway South. Tukwila. said, "I don't like it."
Page 5 of 11
October 19, 1998
Dave Bowen. 1118 Ave. SE. Auburn, spoke on behalf of the Washington Sign Council,
hereinafter referred to as WSC. This is a trade association made up by members of the electrical
sign industry. There are currently 35 member companies. His purpose in appearing tonight is to
promote a sign code which meets WSC's goals and is fair to sign owners. He raised one concern
of lack of notice. The members of WSC have not received individual notice from the City
regarding the sign code issue. The second concern raised deals with the creation of a sign
abatement program without a comprehensive review of the City's sign code. This, potentially,
could create more non conforming signs which would need to be removed. The third concern
raised dealt with the fairness of sign abatement. He asked the Council to direct the Planning
Commission to engage in a comprehensive sign review before the removal plan is enacted; have
notices sent to sign owners who are likely to be affected before the program is enacted or
substantial changes are made to the code. He also suggested the removal program be modified to
extend grandfathering until a sign is no longer useful or pay compensation for their value, on a
case -by -case basis.
To eliminate the question whether or not sufficient /good faith efforts were made to notice the
public of public hearings and forums, Mayor Rants and Steve Lancaster mentioned notices for
various meetings, were advertised with the following: South County Journal, Chamber of
Commerce Newsletter, Highway 99 Task Force Newsletter, Seattle Times and Highline Times.
Councilmember Fenton wanted all to hear the Department of Community Development and
other City staff have gone as far as they can to notify individuals.
Jay Starr. 13190 Stone Ave. No.. Seattle, with S S Sign Company, representing Texaco. He
said Texaco is very concerned about their freeway locations. He noted they've had a business
license in Tukwila for 30+ years and did not receive any notices about the sign code hearings.
He received notice through the sign association, not at his business. As it relates to amortization,
they don't believe amortization is just compensation. There has been some case law which prove
amortization is not just compensation. Loss of the sign and loss of future business is also
involved. A case in point, City of Bellevue vs. Denny's Restaurant [no case citation provided].
Case occurred approximately 31 years ago, where a Court stated that due to the State Highway
Beautification Act, the City cannot take property along a federally aided highway. All high -rise
signs in Bellevue have been removed except those in Eastgate. That is a federally -aided freeway,
therefore the signs have been allowed to remain. They are allowed to remain so long as they are
not altered. He also has knowledge of a McDonald's case, in California, where a significant
award was made to McDonald's. Mr. Starr does not want to threaten the Council, he simply
wanted to advise them of the potential for lawsuits if they act before thinking.
Mayor Rants read four letters into the record. The first, from Valley Truck Equipment, Inc.,
spoke in favor of the newly proposed ordinance as it is sensitive to present businesses and puts in
motion a process that will work toward improving the visual impact of the highway. The letter
was signed by John Welch, Sr.
City of Tukwila
City Council Regular Meeting Minutes
Page 6 of 11
October 19, 1998
The second, from Michael J. Donna F West, spoke in favor of the proposed ordinance and
stated 7.5 years is "very fair" for allowing businesses to come into compliance. Mr. Mrs. West
represent Southtowne Auto Rebuild.
The third, from Attorney Charles Watts, on behalf of SeaTac Ford Truck Sales, seeks exemption
from the criteria outlined in the draft ordinance. The sign is 30+ years old and estimated current
replacement cost is $100K SeaTac Ford Truck Sales, Inc. believes the ordinance does not
create sufficient amortization periods to deal with the sign of the size and value of its principal
sign, and also believes that it should be treated as an exempt landmark sign.
The fourth and final letter, from The Jorgensen Forge Corporation, spoke in opposition to the
change in the code. They stated a "one size fits all approach to zoning and codes is not a rational
approach." They, too, believe their sign may qualify as a landmark sign as it was erected in 1966
and has been virtually unchanged since that time.
Councilmember Hernandez asked a question of the first speaker, Mike Hansen. She wanted to
know how high the sign is at the Southcenter Mall. The answer is 92 feet. She then asked if a
variance was granted when the sign was originally installed. Mr. Hansen must research the
answer.
Dwight McLean. 13015 38th Ave. So. Tukwila. Sales Director at Econo -Lodge and Ramada,
and Co -Chair of the Highway 99 Action Committee spoke. He encouraged attendance at those
meetings on the second Tuesday night of each month to keep informed on what is going on in
that area. He spoke in support of the proposed sign code ordinance. The nature of the sign code
ordinance on Pacific Highway may need to be different than that of Southcenter.
(8:07 p.m.) Mayor Rants closed the public hearing.
Council Discussion:
Councilmember Haggerton recommended further review of the proposed ordinance. He
suggested Council take no action tonight. He stated the City should find a better way to
communicate with all the businesses and get them to a public hearing. He concluded by saying a
better approach may dictate the need for more than one sign code.
Councilmember Fenton agreed with Mr. Haggerton and stated Council should put some more
thought into this program. He also belives benefits may occur with two sign codes.
The issue of notifying businesses was once again raised and briefly discussed. Mayor Rants
noted the City has heard for at least the last seven years, that not all businesses receive all notices
about all public hearings. Nevertheless, staff does an excellent job in notifying appropriate
persons when an issue is at hand. Staff is responsible and respectable.
Council President Linder thanked the public for attending this meeting. Their attendance and
input was valuable to the Council. Such information is necessary when making decisions of this
magnitude.
City of Tukwila
City Council Regular Meeting Minutes
Councilmember Carter said we need to move forward with some of this in an a timely manner
because of rebuilding Highway 99. She does not want to have to ask a business to move its sign
and then return a year later and explain a new amortization program requiring the sign be moved
once again, within seven years.
Councilmember Hernandez moved; Councilmember Haggerton seconded, referring the
item to the Committee of Whole for consideration.
Mayor Rants said a place for staff and Council to work on is the decisional criteria for historical
signs. It must be determined who fits the criteria and let those people apply for it.
The motion carried 7 -0.
OLD BUSINESS:
An ordinance imposing a local option transnortation tax on commercial narking in the
City.
Councilmember Duffie moved; Council President Linder seconded, approval to read the
proposed ordinance by title only. The motion carried 7 -0.
City Attorney Black read the proposed ordinance by title only.
Councilmember Duffie moved; Councilmember Haggerton seconded, approval of the
proposed ordinance, as presented. The motion carried 7 -0. APPROVED ORDINANCE
#1852.
NEW BUSINESS:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, CREATING A NEW CHAPTER 3.25 OF THE TUKWILA
MUNICIPAL CODE RELATING TO THE IMPOSITION OF A LOCAL
OPTION TRANSPORTATION TAX ON COMMERCIAL PARKING IN THE
CITY; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN
EFFECTIVE DATE.
Comprehensive Plan amendments pertaining to essential public facilities and Pacific
Highway
Community Development Director Steve Lancaster asked Council to refer this item to the
Planning Commission for consideration.
Page 7 of 11
October 19, 1998
Councilmember Mullet moved; Councilmember Fenton seconded approval to refer this
item to the Planning Commission for study and return to Council.
City of Tukwila
City Council Regular Meeting Minutes
Discussion:
Councilmember Carter, for the sake of the public, stated the RTA has taken a position that light
rail on Highway 99 does not conflict with our comprehensive plan or zoning. The City
disagrees. This will not make our plan support light rail on Highway 99. Mr. Lancaster agreed
with Councilmember Carter.
Councilmember Mullet asked if the Council may attend the Planning Commission meetings on
this issue. Mr. Lancaster agreed that if they are there for the legislative aspect of the meeting, it
would not violate the appearance of fairness doctrine; which is usually cited as the reason
Councilmembers should not attend the meetings. He would do further research with the legal
department and get back to Mr. Mullet.
The motion carried 7 -0.
REPORTS:
a. Mayor
Page 8 of 11
October 19, 1998
For informational purposes only, Mayor Rants distributed a tentative agreement from AWC,
between the City of Shoreline and Seattle City Light. It is to be analyzed by key City staff to
advise the Mayor, in advance of a meeting on Friday, October 23. Council was invited to
comment.
Growth Management Regional Governance Finance met last week with some elected
officials. For all intents and purposes, it is a dead issue. They do not want to deal with it as a
package. They want to deal with it, piece -meal, with each independent City. The City of Seattle
has made an offer to annex White Center if they can receive enough help. There is much
frustration as three years of time has been spent on this issue.
b. City Council:
Councilmember Duffie reported his attendance to AppleFest, at the Community Center last
weekend. He said the Center was extremely busy and the citizens really enjoyed it.
Councilmember Hernandez reported attendance to an October 14, city- sponsored presentation at
Foster High School regarding the Highway 99 design. The consultant and the City did an
excellent job. Much positive feedback was received. On October 17, she attended the Arts
Commission sponsored event entitled El Dorado, performed by the UMO Ensemble.
She will attend the AWC Legislative Conference in Renton.
City of Tukwila
City Council Regular Meeting Minutes
Page 9 of 11
October 19, 1998
Ms. Hernandez distributed a copy of the REACH Program Manager's job description which was
posted this weekend. The application deadline date is October 27. Also distributed was a letter
from the Washington Low- Income Housing Network regarding Referendum 49.
Council President Linder noted her attendance at an October 13 Highway 99 Action Committee
meeting. Allen Ekburg received the October award for making a difference. She also attended a
forum on October 14. She anticipates the next turnout will be larger.
Councilmember Mullet reported his attended to the UMO Ensemble performance also. Mullet
said the performance was delightful with some dark humor and grotesque characters. He cannot
recall seeing so much vitality on a stage as these actors portrayed.
Mr. Mullet then reported an October 14 meeting of the Cascade Water Alliance. Questions and
answers were exchanged on the new contract proposal. The City of Seattle was there to explain
their feelings on this issue. One question asked was what would happen if a City doesn't join the
alliance. The City of Seattle feels there are two options. You can join the water alliance or sell
your system to them and they will serve it directly.
Next, he reported a Utilities Committee meeting is set for October 20 at 5:00 p.m. Mr. Mullet
will attend a Part 150 meeting at the airport. These are subcommittee meetings which function
as work sessions.
Councilmember Carter reviewed the Utilities Committee agenda for the meeting on October 20.
On October 13, she attended the Transportation Committee meeting. The meeting minutes have
already been distributed. The biggest topic for conversation was the Burlington Northern Yard
access. Some of the property owners are beginning to understand what is actually going on and
are feeling a bit more comfortable with the process. She, too, reported attendance at the October
14 Highway Design meeting.
She reported a SCATBd meeting is set for October 20. One item on the agenda will most likely
be a report from the RTA. They may report the retrofits in the tunnel will not exceed the budget.
She will attend an AWC meeting on October 21 and a Moving King County meeting on October
28.
Finally, she noted an unsightly, big pile of dirt and tires has been removed from the northwest
corner of the trailer court, on Pacific Highway. Things are improving there little by little.
Councilmember Haggerton reported on October 13 ACC meeting. It was all executive session.
The AWC Congress of Cities is set for December 1 -6, in Kansas City. He has received an
agenda and list of Washington attendees.
He, too, attended the Highway 99 Open House, on October 14, at Foster Commons. He said
Mike Ragsdale did an outstanding job as facilitator.
There will be an AWC Legislative Committee meeting on October 21, in Renton.
City of Tukwila
City Council Regular Meeting Minutes
Page 10 of 11
October 19, 1998
He then reviewed the Finance Committee meeting agenda from a meeting earlier this evening.
Minutes are forthcoming.
Councilmember Fenton attended the Highway 99 Action Committee meeting. Sound Transit
was there to provide their input on the highway. Comments regarding boardmember attendance
at the public meetings were raised. The attendance has been minuscule. The members are
concerned and have devised a plan to write a letter, send an e -mail and /or call the boardmembers
at Sound Transit, who will be involved with the final decisions. The correspondence will urge
attendance at such meetings.
Council President Linder said there are 18 board members and meeting attendance is normally
low. She stated all members should attend all the meetings to hear what the citizens have to say.
Perhaps Council would like to send a letter stating same.
He attended the meeting at Foster. He enjoyed it and wished more had shown to voice their
opinions.
He met on October 14th with Officer Mary Howie who is trying to develop a police program
regarding COP. Four different meetings have been scheduled and she has asked Councilmember
Fenton to speak regarding his knowledge of Community Oriented Policing; i.e., how it relates to
business owners, apartment managers and his involvement in the Apartment Manager's Network.
Finally, Councilmember Fenton viewed a municipal court session on October 15. He is
impressed with Judge Peter Lukevich. He spoke with the judge after court adjourned and learned
more about the benefits of sending prisoners to Okanogan County. The City has enjoyed a
savings of nearly $20,000.00 per month in jail costs. Judge Lukevich also informed him video
arraignments are forthcoming. That, too, will cut costs.
c. Staff:
City Administrator McFarland noted substantial and tangible progress has taken place on the
acoustical sound system. Sprinkler heads have been lengthened to accommodate the installation
of panels which have been ordered; and, will most likely be install next week.
The City is in the process of putting together the findings and comments from the community
dialog from the meeting on October 14. A report should be ready in approximately one week.
d. City Attorney:
No report.
e. Intergovernmental:
No report.
City of Tukwila
City Council Regular Meeting Minutes
MISCELLANEOUS:
Councilmember Duffie noted he met and is impressed with Mayor Taute. The meeting was
interesting. He encouraged people to meet with him if time and schedules permit.
Councilmember Haggerton noted he has applied for the Policy Committee. The President, Ed
Hansen, will make a decision on assignments sometime in December, 1998.
Council President Linder also had lunch with Assistant City Administrator Rhonda Berry and
Mayor Taute. It was a great time and she, too, encouraged others to do the same.
EXECUTIVE SESSION:
Stricken.
ADJOURNMENT:
(8:55 p.m.) Moved by Councilmember Haggerton; seconded by Councilmember Duffie to
adjourn the regular meeting of the Tukwila City Council. The motion carried 7 -0.
Jobe W. Rants, Mayor
Robert H. Baker, Deputy City Clerk
Date minutes approved: 1 /98
Page 11 of 11
October 19, 1998