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HomeMy WebLinkAbout2014-06-09 Committee of the Whole MinutesTukwila City Council Committee of the Whole Meeting City Hall Council Chambers June 9, 2014 — 7:00 P.M. MINUTES COMMITTEE OF THE WHOLE MEETING CALL TO ORDER/PLEDGE OF ALLEGIANCE Council President Quinn called the Tukwila City Council meeting to order at 7:01 p.m. and Councilmember Duffie led the audience in the Pledge of Allegiance. OFFICIALS Present were De'Sean Quinn, Council President, Councilmembers Joe Duffie, Dennis Robertson, Allan Ekberg, Verna Seal, Kathy Hougardy, Kate Kruller. CITY OFFICIALS Jim Haggerton, Mayor; David Cline, City Administrator; Jack Pace, Community Development Director; Bob Giberson, Public Works Director; Nora Gierloff, Deputy Community Development Director; Laurel Humphrey, Council Analyst; Barbara Saxton, Administrative Support Coordinator. AMEND AGENDA Council President Quinn asked that the agenda be amended to add a "Special Presentations" item to recognize the recipients of the "Tukwila, City of Opportunity" scholarships who are in attendance this evening. SPECIAL PRESENTATION (per agenda amendment above) Mayor Haggerton introduced the first recipients of the "Tukwila, City of Opportunity" scholarships, Tulasa Ghimirey and Lea Buenavista. They were each awarded a $2,000 scholarship from the City. He explained their scholarship certificates will be presented during Foster High School's senior awards on June 11. Ms. Tulasa Ghimirey said she is 18 years old and came to the United States almost 4 years ago from Nepal with her parents and two sisters. She plans to attend Western Washington University and pursue a career in the medical field. Ms. Lea Buenavista is 18 years old and she came to the United States in 2011. She will be attending Seattle Pacific University in the fall and majoring in business, with a minor in art. The Councilmembers extended congratulations to Ms. Ghimirey and Ms. Buenavista. CITIZEN COMMENTS Pam Carter, 4115 South 139th Street, stated that a marijuana grow house is located in her neighborhood and a strong odor — similar to a skunk —comes from the property when the weather is warm and can be smelled 4 or 5 houses away. She has researched this issue and has several concerns about these types of operations: (1) they can cause a build -up of poisonous gases, (2) wiring for the lights required for grow operations are not always installed by licensed electricians and can cause fires or blow out transformers, and (3) criminal activity is often associated with these locations. The house in question is not occupied; operations are taking place in the garage and possibly the kitchen. The smell stops when a crop is harvested, but will return with the growth of a new crop. Tukwila City Council Committee of the Whole Minutes June 9, 2014 Page 2 of 7 Ms. Carter stated that if the current moratorium on collective gardens in the City is lifted, these operations should not be allowed in any residential zones. If they are allowed in commercial /industrial areas, restrictions should be put in place mandating that odors not be perceptible outside the business. She also suggested that a noxious odors ordinance is needed. She explained that Denver, Colorado, has an ordinance that contains a clause stating that 5 individuals registering a complaint within a 12 -hour period is enough to justify a citation. In response to questions from Council, Ms. Carter explained the Police Department has advised her judges will not issue a warrant and that the county prosecutor will not prosecute. She also said the electrical wiring issue and power usage question are being investigated, but no sign of illegal connection is discernible from the street. Councilmember Robertson suggested the Finance and Safety Committee look at the issue of grow houses. He noted the City's noise ordinance was written to eliminate the need to have noise measured by a meter. He also noted that notwithstanding the odor issue, grow houses are illegal. Councilmember Seal, Chair of the Finance and Safety Committee, agreed the Committee will discuss the issue. PUBLIC HEARING A resolution adopting the Six -Year (2015 -2020) Transportation Improvement Program (TIP). 7:19 p.m. Council President Quinn opened the Public Hearing. Bob Giberson, Public Works Director, explained this is the annual update of the six -year Transportation Improvement Program, which serves primarily as a financial plan used to apply for grants. The Transportation Improvement Program lists projects that are regionally significant and projects for which the City is pursuing grants or has received grants. The projects are listed in alphabetical order (not prioritized). The TIP is required to be adopted by June 30 each year. He explained the Informational Memorandum was revised after the May 27, 2014 Transportation Committee meeting to clarify which projects have been deleted, completed, or will be accomplished outside of the six -year period covered by this TIP. 7:21 p.m. Council President Quinn called for public comments. No comments were received. 7:21 p.m. Council President Quinn closed the Public Hearing. SPECIAL ISSUES a. A resolution adopting the Six -Year (2015 -2020) Transportation Improvement Program (TIP). Councilmember Ekberg indicated this item was discussed at the Transportation Committee meeting on May 27, 2014. The committee members were unanimous in recommending approval. Councilmember Hougardy asked about the following projects: • Nelsen Place (shown as "deleted "): Mr. Giberson explained this was originally shown as a potential mitigation project for Sound Transit/Commuter Rail. Some storm drain and trail improvements were done. • 51 st/Klickitat/599: This is a Washington State Department of Transportation project. Councilmember Duffie asked about underground lighting and sidewalks on 53rd Avenue from 137th to 144th Avenue South. Mr. Giberson stated that underground power would be done wherever possible. Mr. Giberson explained the City scored high on a grant application for work on 53rd Avenue South, and is planning to reapply through the Transportation Improvement Board. Tukwila City Council Committee of the Whole Minutes June 9,2014 Page3of7 COUNCIL CONSENSUS EXISTED TO FORWARD THIS ITEM TO THE NEXT REGULAR MEETING. b. A feasibility agreement for the design of the East Marginal Way South (Boeing Access Road to South 112th Street) Project. Councilmember Ekberg indicated this item was discussed at the Transportation Committee meeting on May 27, 2014. The committee members were unanimous in recommending approval. Mr. Giberson explained this project is shown on the Capital Improvement Program as a traffic impact fee - funded project. This agreement would be for an initial study to look at alternatives and determine feasibility. Six engineering consultants were evaluated from the MRSC roster, and TransOlympic Engineering's fee was within budget. COUNCIL CONSENSUS EXISTED TO FORWARD THIS ITEM TO THE NEXT REGULAR MEETING. c. A supplemental agreement for the update to the Water and Sewer Comprehensive Plans. Councilmember Kruller indicated this item was discussed at the Utilities Committee meeting on June 2, 2014. The committee members were unanimous in recommending approval. Mr. Giberson explained the City contracted with Carollo Engineering in 2010 to revise the Water and Sewer Comprehensive Plans. Approvals are needed from the Washington State Department of Health and Department of Ecology, and revisions have been requested that will require more time than anticipated to complete the final update. The supplemental agreement before the Council will allow the contractor to address the comments, and the $19,768.00 cost would be funded using the Ending Fund Balance from the Water and Sewer Funds. He noted that comments on the plan were also received from King County and Seattle Public Utilities. COUNCIL CONSENSUS EXISTED TO FORWARD THIS ITEM TO THE NEXT REGULAR MEETING. d. Discussion on sign regulations for freeway interchange signs. Councilmember Duffie indicated this item was discussed at Community Affairs and Parks Committee meetings on February 11, 2014 and March 25, 2014, at which time the committee members forwarded the item to a future Committee of the Whole meeting for discussion. Nora Gierloff, Deputy Community Development Director, explained the City undertook a total rewrite of the Sign Code in 2008, examining how signs affect the City's appearance and people's perception of the City. A Sign Code Advisory Committee was created to provide direction, and it included representatives from the community, businesses, the Planning Commission and City Council. One of the main recommendations to come out of that process was to move away from pole signs. In exchange for eliminating new pole signs and phasing out existing pole signs, opportunities were created for monument signs and building- mounted signage. Many comments were received from the business community during this process. The new Sign Code was adopted in August 2010. Under that code, freeway interchange signs became non - conforming, and owners were given a 5 -year grace period during which time the signs could be refaced within their existing size. That grace period expires in August 2015, after which the signs may remain indefinitely in a "frozen" state, meaning they cannot be refaced, repaired or enlarged. A property owner has requested they be allowed to enlarge their existing non - conforming freeway interchange sign from 100 square feet to 244 square feet per side. The City's prior Sign Code (before 2010) only allowed freeway interchange signs to be 125 square feet per side maximum. The prior code also stipulated a 1,000 -foot radius from freeway on and off ramps, thereby limiting them to businesses that cater to the travelling public. Ms. Gierloff also explained the new Sign Code was made content neutral, which was required based on current case law. Simply reinstating the code as it was previously is not an option in terms of that content restriction. Tukwila City Council Committee of the Whole Minutes June 9, 2014 Page 4 of 7 Staff presented three options for consideration: Option 1: Stay the course as set by the Sign Code Advisory Committee, which would eventually phase out non - conforming signs. Option 2: Allow enlargements of the non - conforming signs up to 125 square feet, which was the size allowed under the prior sign code. The sign would still be non - conforming and changes to the sign would not be permitted once the 5 -year grace period has passed. Option 3: Consider changes to the Sign Code relating to freeway interchange signs and develop a new ordinance that would address these signs. Provisions would need to address issues such as content neutral regulations, location restrictions, and height limit guidelines, possibly geared to the zone. Steven Peterson, 14712 57th Avenue South, would like to see the Sign Code changed to allow them to increase the size of their sign. The diesel business is totally about the price of the fuel, so it is very important to have the pole sign. This would be a sizeable investment for them. He mentioned a truck stop in George, Washington, that spent $300,000 for a large sign — approximately 2,000 square feet —in order to compete with businesses east and west of their location. Stan Peterson, 13310 Interurban Avenue South, explained that under Option 2 they would not be able to change the sign face should the business change from being a Union 76 station, for example, a situation that is out of their control. Routine maintenance of the sign face would also not be allowed. Steven Peterson stated they have been with 4 oil companies in the past 36 years of their business, as those companies routinely buy and sell each other. The Petersons noted there are signs much larger than they are proposing between Tukwila and Olympia. To meet their contract with 76, they must keep that branding on the service station property. The diesel pole sign would be for a separate, unbranded business on property adjoining the 76 station. The success of their business going forward would be affected if they did not have the pole sign, as the current sign is well known throughout the state. The general rule of thumb in the diesel fuel industry is that this type of advertising can account for one -third of a business' sales. A 76 dealer in Oregon installed a freeway sign and their business increased 25 to 30 percent. Steven Peterson stated their plan was to make a $60,000 initial investment to update the sign, and said they were not aware the sign code update process was occurring several years ago. Councilmember Robertson noted the requested sign is double the size of the current sign and double the size allowed by code. He understands that if the owners did retain the sign, their business needs mean they must be able to maintain and change the sign face. To meet the Petersons' needs, the only viable alternative would be Option 3. Due to the content neutral law, the City would not be able to limit the location or overall number of these types of signs in the same manner they were regulated in the past. Under Option 3, the City risks having additional large freeway signs and would not have the capability to regulate the sign content. For those reasons, he feels Option 1 is the best alternative. Councilmember Ekberg requested information regarding the process required under Option 2 relating to amending non - conforming sign regulations, development of an ordinance and public hearing requirements. He also asked about the limitations on location and use available under Option 3. Ms. Gierloff clarified the City could limit the locations where these types of signs are installed but could not limit the type of business that could use them, assuming the business is within 1,000 feet from on or off ramps (and no barrier between them). Mr. Ekberg also asked about restrictions on adjoining properties sharing a sign. Ms. Gierloff explained it can depend on how a business is owned and operated. Trudy's had an off - premise sign, which resulted in development of a premise policy for signs. The Parkway Supercenter is considered one premise for sign purposes. Councilmember Seal asked about the ability to limit these types of signs to freeway interchange businesses, referencing the large number of signs lining the freeway in the Fife area. Ms. Gierloff explained that billboards are different and can be regulated. Tukwila City Council Committee of the Whole Minutes June 9, 2014 Page 5 of 7 Councilmember Hougardy asked about the distance requirement from a freeway. Ms. Gierloff explained most of the pole signs in the City are along Interurban Avenue. Restrictions could be based on a specific radius or zone if there was a legitimate government purpose for why a particular area should be regulated differently. Ms. Gierloff explained signage exceptions can be made under a Development Agreement, such as those in place for Westfield Mall and Washington Place. A Development Agreement has a one -off direct relationship with a particular property owner, where a "public good" is being met by the agreement. With the Washington Place Development Agreement, for example, they were a pioneer development and taking a financial risk to implement the City's Subarea Plan and provide for an underserved market. The Development Agreements for these two locations were not initiated only based on Sign Code issues. Another option would be a general code change that would affect all people in a certain class (distance, zone, height, etc.). Councilmember Kruller asked whether any residential areas would be impacted by a larger sign. Ms. Gierloff stated the intent of these signs is to be visible. If significant changes were to be considered, they could be sent to the Planning Commission for a recommendation, as that would provide an opportunity for staff to notify residents and get other viewpoints. In response to a question about using the variance process, Ms. Gierloff explained one of the criteria is that what the applicant is asking for not be a grant of special privilege, but that some unusual condition at their site —that they did not create —is causing them to be treated differently when the same rule is applied. The request is presented before a Hearing Examiner, and the standards were designed to be tough. She noted there are several other freeway interchange signs in the vicinity whose owners may be facing similar circumstances and who may also claim a hardship and request a larger sign. Ms. Gierloff explained the notification process used during the two -year Sign Code update process included contact with billboard and sign company representatives, public hearings in front of the Planning Commission and City Council, and the inclusion of articles in City publications. In response to a question from Councilmember Ekberg about utilizing one of the motorist informational signs available through the Department of Transportation (DOT) to advertise their business, the Petersons explained they are not allowed to have both a DOT sign and an interchange sign. In addition, the motorist informational signs do not allow for displaying the price of fuel. The owners felt they would lose some financial support from the Union 76 corporation if they were to lose the pole sign completely, especially because the Shell station next door has one. An additional problem (under Option 2) is that they will be developing this project in stages, and when their store reached the design review point, the new sign they just installed would be non - conforming and would need to be removed. Councilmember Seal stated she served on the Sign Code Committee, and said unintended and legal consequences may arise from rewriting the freeway interchange sign laws. The issue is similar to zoning regulations in that laws cannot apply for one and not for others. The due diligence and legal aspects required to revise the Sign Code could take 6 to 7 months. Councilmember Hougardy noted that not all 5 of the property owners with pole signs were contacted during the Sign Code update process. Recently two businesses (Westfield Mall and Washington Place) have said the new Sign Code did not work for them and they needed something different. She feels Option 1 sends the wrong message to the City's small businesses. Further Council discussion included the importance of creating opportunities to bring business into the City now and in the future, acknowledging the current Sign Code leads to the types of urban and industrial areas wanted in the City, the concern residents have for this type of blight, and the amount of time that would be required to work through a change. Tukwila City Council Committee of the Whole Minutes June 9, 2014 Page 6 of 7 Council discussed possible options that could be explored other than revising the Sign Code, including limiting the radius to something less than 1,000 square feet while still encompassing all of the same types of business, revising the language regarding proximity to freeway exit and entry points, researching standards used in other cities, working with the Petersons on their request to determine whether some compromises on size can be made while still meeting their needs to maintain the sign face in the future, and acknowledging there are times the Council is required to make difficult decisions. Council President Quinn asked whether the Council would be able to come to a consensus tonight on considering creative options versus the timeline required to accomplish those tasks. Options that have been discussed include: (1) selecting Option 1 as the appropriate alternative; (2) having staff come back to the next Committee of the Whole meeting with possible options, with the understanding that a decision would need to be made at that point; and (3) having the Planning Commission revisit the issue. David Cline, City Administrator, explained Community Development staff is currently working on a full list of priorities developed for them, including the Comprehensive Plan and Code Enforcement, which was recently added as an additional high priority for 2014. Even a time - limited, scope - limited request would require that other priorities be delayed. He suggested staff bring information back to the Council in two weeks regarding the time impacts any possible options would have on staff. Council President Quinn said the time impacts of exploring a solution are important. He would like the Council's direction to staff to be specific on several points relating to any proposed options for resolving this issue: • Must consider legal issues /ramifications • Must address the request received • Will not result in a rehash of tonight's conversation • Does not require that the Sign Code be re- opened Council President Quinn commended staff and members of the Community Affairs and Parks Committee for their diligent work on this issue. COUNCIL CONSENSUS EXISTED TO DIRECT STAFF TO RETURN TO THE NEXT COMMITTEE OF THE WHOLE MEETING. Councilmember Duffie made a suggestion to dispense with reports, and consensus existed. Councilmember Kruller asked that her written report be submitted and included for the record;Council concurrence existed to include information from the written report. Mayor Haggerton thanked Council President Quinn for agreeing to chair the Regular Meeting next week (June 16, 2014), and expressed appreciation to Councilmember Hougardy for serving on the AWC (Association of Washington Cities) Nominating Committee. REPORTS (dispensed per above) Summary of Councilmember Kruller's written report as approved above: Councilmember Kruller attended the Tukwila Emergency Communications Team meeting on June 4, 2014, where firefighter Matt Hickey discussed his work as part of the communications operations at the Oso landslide site. There was also conversation about how emergency professionals and licensed ham radio operators would work together logistically during a major event, when ham radios are often the only means of immediate communication. A Field Day is scheduled at the Tukwila Fire Station on Saturday, June 28, starting at 12:00 noon, where anyone can drop by, try out the equipment, and learn what Tukwila is doing to prepare for such emergencies. Tukwila City Council Committee of the Whole Minutes June 9, 2014 Page 7 of 7 ADJOURNMENT 9:13 p.m. COUNCIL PRESIDENT QUINN DECLARED THE COMMITTEE OF THE WHOLE MEETING ADJOURNED. Sean Quinn, "'ouncil President Barbara Saxton, Administrative Support Coordinator APPROVED AND SIGNED BY THE COUNCIL PRESIDENT: 6/23/14 AVAILABLE ON CITY WEBSITE: 6/24/14