HomeMy WebLinkAboutPermit L03-010 - CITY OF TUKWILA - ZONING AND SIGN CODE AMENDMENTS
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L03-010
ZONING CODE AMENDMENTS
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City of Tukwila
Department of Community Development Steve Lancaster, Director
STAFF REPORT
TO THE PLANNING COMMISSION
Prepared April 14, 2003
HEARING DATE: April 24, 2003
NOTIFICATION: Notice of Public Hearing mailed to Parties of Interest
and published in the Seattle Times on April 10, 2003
FILE NUMBERS: L03 -010 (Zoning Code Amendments) COMPREHENSIVE PLAN AMENDMENT COMPREHENSIVE LAND USE PLAN AMENDMENT
REQUEST: Make recommendations to the City Council about three proposed Zoning
Code amendments and one proposed Sign Code amendment.
LOCATION: City wide
SEPA
DETERMINATION: Determination of Non - Significance issued March 27, 2003.
RECOMMENDATION: Approval
STAFF: Deborah Ritter, Senior Planner
Steven M. Mullet, Mayor
ATTACHMENTS: A. Determination of Non - Significance
B. Staffs SEPA Determination Memo
C. Ordinance 2015
D. Staff Report to Community Affairs and Parks Committee dated March 18,
2003
E. Minutes of March 25, 2003 Community Affairs and Parks Committee
meeting
F. Diagram
6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone: 206 - 431 -3670 • Fax: 206 - 431 -3665
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BACKGROUND
Staff has grouped together three proposed amendments to the Zoning Code and one proposed
amendment to the Sign Code. The focus of these amendments range from minor housekeeping or
clarification to policy decisions about allowed uses and development standards. Staffs suggested
changes along with other options were presented to the Community Affairs and Parks Committee ( "CAP ")
on March 25, 2003.
CAP accepted Staffs recommendation on the three proposed amendments to the Zoning Code. Staff did
not make a recommendation on the proposed amendment to the Sign Code. In anticipation of staffs
presentation to the Planning Commission, CAP asked Staff to obtain additional information on certain
issues.
In the four sections below, we have described each proposed amendment and its rationale along with
options of the most interest to CAP. The affected code language is presented in each case with
modifications (i.e., strikeouts or underlines) to reflect CAP's suggestions. However, in some cases, new
options have been provided to the Planning Commission due to the additional information we have
obtained. Please see Attachment C for the original list of options presented to CAP.
A. Update Sign Code regulations dealing with animated signage.
In the interest of traffic safety and to minimize driver distractions, the City Council suggested a moratorium
on electronic signage. On March 17, 2003 the City Council approved Ordinance 2015, establishing a six -
month moratorium on the acceptance of sign permits for all types of electronic signs capable of displaying
changeable text or images. During the moratorium period, staff will assist the Council and Planning
Commission in the development of policy and associated code changes.
CAP's Suggested Option
CAP is interesting in updating the Sign Code language to reflect current technology while retaining existing
content restrictions and the ban on movement and flashing. This would permit signs capable of animation
so long as they were operated in a non - animated manner (only changing the sign's image once a day).
The following suggested code revisions by staff would implement this recommendation:
April 14, 2003
PROPOSED CHANGES
Chapter 19.08 Definitions.
19.08.030 Animated Sign.
"Animated sign" means any sign or portion of which physically moves, appears to flash, undulate,
pulse or portray explosions, fireworks, flashes of light, or blinking or chasing lights, or which
appears to move toward or away from the viewer, to expand or contract, bounce, rotate, spin,
twist, scroll, travel or otherwise portrays movement or animation at a frequency more rapid than
once than every twenty -four (24) hours.
Signs or portions of skins displaying a changing
message content that is strictly limited to time, date or temperature shall. not be construed to be
animated.
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Chapter 19.08 Definitions.
19.08.055 Electronic Sign.
"Electronic sign" means a sign containing a display that can be changed, by electrical, electronic
or computerized process.
Chapter 19.12 Permits.
19.12.050 Exceptions — Permits not required.
A. The following shall not require a permit (these exceptions shall not be construed as
relieving the owner of any sign from the responsibility of its erection and maintenance and its
compliance with the provisions of this code or any other law or ordinance regulating the same):
1. The changing of the advertising copy or message on a theater marquee,
readerboard and similar signs specifically designed for the use of replacement
copy or the changing of the advertising copy or message on an electronic siqn so
lonq as the advertising copy or message is not changed at a frequency more
rapid than once every twenty -four (24) hours. A change in the advertising copy or
message that occurs more rapidly than once every twenty -four (24) hours will
cause the sign to be considered to be an animated sign under TMC 19.08.030
and is prohibited under TMC 19.28.010(3);
Chapter 19.28 Prohibited Signs and Devices.
19.28.010 Designated.
The following signs or devices are specifically prohibited:
3. Animated signs as defined in TMC 19.08.030,
Additional Information
a. Such signing is deemed necessary to the type of marketing customary to a
hours.
During the March 25th CAP meeting, Staff was asked to obtain the following information for consideration
by the Planning Commission.
1. Is there a way to regulate or control the brightness of electronic signs?
For an answer to this question, we contacted the City of SeaTac (a recent recipient of an
American Planning Association award for their electronic sign ordinance) and YESCO (a
nationally known sign company headquartered in Las Vegas). The following is a brief summary of
their responses.
There are three important factors to consider when discussing electronic signs: brightness,
contrast and monitoring of brightness levels. The measurement of the brightness of electronic
signs is somewhat complicated, using a variety of technical terms. However, generally speaking,
the brightness or luminous intensity of light is measured in units known as "Nits ". Sunlight is
approximately 1 million Nits and a TV set is 400 Nits. More Nits are required for the daytime use
of an electronic sign than for evening use. YESCO's factory setting is 5,000 Nits for daytime and
500 Nits for evening. The City of SeaTac has established a daytime maximum of 8,000 Nits and
an evening maximum of 500 Nits. The brightness of a sign is also affected by the amount of
sunlight or darkness on the site, the age of the sign and its cleanliness.
Page 3
April 14, 2003
Contrast, or contrast ratio, is defined as the brightness of the white level divided by the brightness
of the black level. The effect created by contrast ratio will vary from sign to sign and is dependent
upon the colors used and the manner in which they are used. Additionally, two identical signs set
at the same Nit level will still create two different effects by using different contrast ratios. YESCO
indicates that contrast ratios provide "wiggle room" which can be used to circumvent brightness
restrictions. YESCO has no recommended contrast ratio and the City of SeaTac did not
incorporate contrast ratios in their ordinance.
In order to measure the Nit level in an electronic sign, a special monitor is required, costing
several thousand dollars. Due to the prohibitive cost, the City of SeaTac does not own such a
monitor and was forced to borrow one when they were conducting their research. The only way
for SeaTac staff to accurately monitor the Nit level of a given electronic sign is to view the sign's
computer program. Staff access to the computer program is a requirement of their ordinance.
Unfortunately, as stated above, contrast ratios are not regulated.
2. Is it possible to ban electronic signs?
The question of banning electronic signage was raised during the March 25th CAP meeting due to
on -going concerns regarding enforcement. In the past, although moving images are currently
prohibited, they have appeared in the evening and on weekends when code enforcement staff are
absent. The City Attorney has advised us that a ban on future electronic signage may be enacted
by the City Council.
Any existing, legally non - conforming signage would be "grandfathered" subject to certain specific
criteria and would not be subject to any new ordinance criteria (such as a ban or new regulations
regarding brightness levels). However, existing legally non - conforming signs would have to
comply with any new ordinance criteria upon the loss of their legally non - conforming status.
It should be kept in mind that staffs suggested code revisions (see above) prohibit animated
signs, not electronic signs. The practical result of the proposed code revisions would be that
electronic signs could still be used, but the effect created would be similar to a slide show. In that
scenario, electronically created, static images, would be allowed but those images couldn't
change more frequently than every 24 hours. This is how we are implementing the code at
present. However, the suggested code revisions would continue to allow an electronic sign to be
located wherever any permanent sign is allowed, so long as the sign is not operated to meet the
definition of an animated sign.
Options:
The following are some of the policy options available for your consideration:
a.. Approve the option presented by CAP.
b. In conjunction with Item (a) above, accept or modify staffs recommended revisions to
pertinent sections of the Sign Code language:
c. In conjunction with Items (a) and (b) above, add additional provisions to control the
brightness of all new electronic signage.
d. Establish a ban on new electronic signage and establish specific criteria regarding the
status of legally, non - conforming electronic signage.
e. Other changes.
Page 4
Requested Action
CAP's Suggested Option
Selection of one or more of the policy options with forwarding to CAP or the continued refinement of the
policy options by the Planning Commission.
B. increase the allowed height for structures located in the Low Density Residential Zone
where a Public Recreation Overlay applies.
The Public Recreation Overlay reserves certain areas owned or controlled by a public or quasi - public
agency for either passive or active public recreation use (TMC 18.42). In the majority of cases, the Public
Recreation Overlay is located in Low Density Residential zone ( "LDR "), where development standards
limit the height of structures to 30 feet (TMC 18.10.060). By contrast, the height limit for structures in
Public Recreation Overlays located in the Tukwila Urban Center zone is 115 feet (TMC 18.28.080)
Accordingly, the LDR performance standard applies to a variety of structures that are, by their nature,
larger than a single family home but that may be allowed in the Public Recreation Overlay. These larger
structures include public recreation facilities, community centers and public schools. It can be argued that
the 30 -foot height limit is overly restrictive for some of these approved uses since they accommodate
larger groups of people and may require higher ceilings for either functional or aesthetic reasons. It is
believed that this approach would provide more flexibility in building design and function while mitigating
the effect of a larger, taller building on the surrounding neighborhood.
CAP is interested in providing flexibility in building height limits for public and quasi - public facilities allowed
in the Public Recreation Overlay. Through the use of a sliding scale, height would be calculated in
proportion to a building's distance from the property line. The suggested ratio is 1:3, which would allow an
increase of one foot in building height (above the maximum) for every three feet in additional building
setbacks from all property lines. CAP is also interested in setting an overall maximum height limit.
The following suggested code revisions by staff would implement this recommendation:
Chapter 18.42 Public Recreation Overlay
18.42.030 Basic Development Standards.
Development standards for the PRO district shall be as specified by this Title for the underlying district.
However, structures requiring a building permit and associated with public and quasi - public recreation
facilities and public schools located in the Low Density Residential zone ( "LDR ") may exceed the
maximum height standards set forth in TMC 18.10, follows:
1. An increase of one foot in building height over the allowed maximum will be allowed for every
three feet in additional building setbacks from all property lines.
2. The overall maximum height limit for structures requiring a building permit and associated with
public and quasi - public recreation facilities and public schools shall not exceed 80 feet.
Additional Information
These suggested code revisions are illustrated on Attachment F.
April 14, 2003
Page 5
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Options
The following are some of the policy options available for your consideration:
a. Approve the option presented by CAP.
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C. Add automobile and truck rentals as separate land use categories in the Zoning Code. co
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The Zoning Code does not mention automobile or truck rentals as a use category. In the past we have Z
allowed auto rentals in any zone that allowed auto sales (RC, RCM, TUC, C /LI, LI, HI, TVS). However the H O
characteristics of the two uses are somewhat different and the areas where rentals are allowed should be z E-
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There are many ways to describe and categorize trucks (by use, type, length, weight and carrying o H
capacity). However one clear distinction is that a commercial driver's license is not needed for any truck w _
that is less than 26,001 lbs. in weight. For example, a wide range of trucks can be rented for casual uses = w
from U -Haul, Ryder, Penske, Budget and Thrifty for various household moving and hauling tasks. One-
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b. In conjunction with Item (a) above, accept or modify staffs recommended revisions to
pertinent sections of the Zoning Code language.
c. Other changes (see Attachment D for other options).
options by the Planning Commission.
CAP's Suggested Option
For your consideration, CAP suggests that companies renting vehicles not requiring a commercial driver's
license (including cars, sport utility vehicles, mini -vans, recreational vehicles, cargo vans, trucks and some
flat beds) be allowed in those zones where the sales of automobiles, recreational vehicles, travel trailers
and used cars are currently allowed (i.e., RC, RCM, TUC, C /LI, LI, HI and TVS). CAP also suggests that
commercial truck and fleet rentals requiring a commercial driver's license be allowed in those zones where
sales and rental of heavy machinery and equipment are currently allowed (i.e., C /LI, LI, HI, MIC /L, MIC /H
and TVS).
The following suggested code revisions by staff would implement this recommendation:
Chapter 18.24 Regional Commercial (RC) District
18.24.020 Permitted Uses
18.24.020(XX) Rental of vehicles not requiring a commercial driver's license (including automobiles, sport
utility vehicles, mini -vans, recreational vehicles, cargo vans and certain trucks.
Chapter 18.26 Regional Commercial Mixed -Use (RCM) District
18.26.020 Permitted Uses
18.26.020(XX) Rental of vehicles not requiring a commercial driver's license (including automobiles, sport
utility vehicles, mini -vans, recreational vehicles, cargo vans and certain trucks.
April 14, 2003
Page 6
Chapter 18.28 Tukwila Urban Center (TUC) District
18.28.020 Permitted Uses
I8.28.020(XX) Rental of vehicles not requiring a commercial driver's license (including automobiles, sport
utility vehicles, mini -vans, recreational vehicles, cargo vans and certain trucks.
Chapter 18.30 Commercial /Light Industrial (C /LI) District
18.30.020 Permitted Uses
18.30.020(XX) Rental of vehicles not requiring a commercial driver's license (including automobiles, sport
utility vehicles, mini -vans, recreational vehicles, cargo vans and certain trucks.
18.30.020(XX) Rental of commercial trucks and fleet rentals requiring a commercial driver's license.
Chapter 18.32 Light Industrial (LI ).District
18.32.020 Permitted Uses
18.32.020(XX) Rental of vehicles not requiring a commercial driver's license (including automobiles, sport
utility vehicles, mini -vans, recreational vehicles, cargo vans and certain trucks.
18.32.020(XX) Rental of commercial trucks and fleet rentals requiring a commercial driver's license.
Cha t r 18.34 Heavy Industrial (HI) District
18.01120 Permitted Uses
18.34.020(XX) Rental of vehicles not requiring a commercial driver's license (including automobiles, sport
utility vehicles, mini -vans, recreational vehicles, cargo vans and certain trucks.
18.34.020(XX) Rental of commercial trucks and fleet rentals requiring a commercial driver's license.
Chapter 18.36 Manufacturing /Industrial Center -Light (MICIL) District
18.36.020 Permitted Uses
18.36.020(XX) Rental of commercial trucks and fleet rentals requiring a commercial driver's license.
Chapter 18.38 Manufacturing /Industrial Center -Heavy (MIC /H) District
18.38.020 Permitted Uses
18.38.020(XX) Rental of commercial trucks and fleet rentals requiring a commercial driver's license.
Chapter 18.40 Tukwila Valley South (TVs) District
18.40.020 Permitted Uses
18.40.020(XX) Rental of vehicles not requiring a commercial driver's license (including automobiles, sport
utility vehicles, mini -vans, recreational vehicles, cargo vans and certain trucks.
18.40.020(XX) Rental of commercial trucks and fleet rentals requiring a commercial driver's license.
Options
April 14, 2003
a. Approve the option presented by CAP.
b. In conjunction with Item (a) above, accept or modify staffs recommended revisions to
pertinent sections of the Zoning Code language.
c. Other changes (see Attachment D for other options).
Requested Action
Selection of one or more of the policy options for forwarding to CAP or the continued refinement of the
options.
Page 7
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D. Add self- storage as a land use category in the Zoning Code
The Zoning Code does not mention "self- storage" as a use category. In the past we have allowed self -
storage in any zone that allowed warehouse storage (RC, RCM, TUC, C /LI, LI, HI, MIC /L, MIC /H and
TVS). However the characteristics of these two uses are somewhat different. Self- storage tends to have
smaller, sometimes multi -story floorplates, generating fewer truck trips and often having an appearance
more compatible with office or commercial surroundings than warehouse storage.
CAP expressed some concern about the appearance of self- storage facilities and lack of pedestrian
activity generated by this type of use. Pedestrian - oriented uses and development will be studied during
the development of the Tukwila Urban Center Plan. However, Design Review is already required, as
follows, for new developments in the following zones:
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CAP's Suggested Option
CAP is interested in allowing "self- storage" as an outright permitted use in any zone that currently allows
warehouse storage.
The following suggested code revisions by staff would implement this recommendation:
Chapter 18.24 Regional Commercial (RC) District
18.24.020 Permitted Uses
18.24.020(XX) Self - Storage facilities.
Chapter 18.26 Regional Commercial Mixed -Use (RCM) District
18.26.020 Permitted Uses
18.26.020(XX) Self - Storage facilities.
Chapter 18.28 Tukwila Urban Center (TUC) District
18.28.020 Permitted Uses
18.28.020(XX) Self - Storage facilities.
Chapter 18.30 Commercial/Light Industrial (C /LI) District
18.30.020 Permitted Uses
18.30.020(XX) Self - Storage facilities.
Chapter 18.32 Light Industrial (LI) District
18.32.020 Permitted Uses
18.32.020(XX) Self - Storage facilities.
Chapter 18.34 Heavy Industrial (HI) District
18.34.020 Permitted Uses
18.34.020(XX) Self- Storage facilities.
April 14, 2003
Page 8
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April 14, 2003
Chapter 18.36 Manufacturing /Industrial Center -Light (MIC /L) District
18.36.020 Permitted Uses
18.36.020(XX) Self - Storage facilities.
Chapter 18.38 Manufacturing /Industrial Center -Heavy (MIC /H) District
18.38.020 Permitted Uses
18.38.020(XX) Self - Storage facilities.
Chapter 18.40 Tukwila Valley South (TVS) District
18.40.020 Permitted Uses
18.40.020(XX) Self - Storage facilities.
Options
The following are some of the policy options available for your consideration:
a. Approve the option presented by CAP.
b. In conjunction with Item (a) above, accept or modify staffs recommended revisions to
pertinent sections of the Zoning Code language.
c. Other changes (see Attachment D for other options).
Requested Action
Selection of one or more of the policy options with forwarding to CAP or the continued refinement of the
options by the Planning Commission.
Page 9
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City of Tukwila
Department of Community Development / 6300 Southcenter BL, Suite 100 / Tukwila, WA 98188 / (206) 431 -3670
Ale Number: E03 -007
Applied: 02/21/2003
Issue Date: 03/27/2003
Status: ISSUED
Proponent: CITY OF TUKWILA DCD
DETERMINATION OF NON - SIGNIFICANCE (DNS)
Lead Agency: City of Tukwila
Description of Proposal:
Set of 4 Zoning Code Amendments, see L03 -010
A) INCREASE THE ALLOWED HEIGHT FOR STRUCTURES WHERE A PUBLIC RECREATION OVERLAY APPLIES;
B) ADD AUTO & TRUCK RENTALS AS SEPARATE USE CATEGORIES IN THE ZONING CODE;
C) ADD "SELF- STORAGE" AS A USE CATEGORY IN THE ZONING CODE;
D) UPDATE REGULATIONS FOR ANIMATED/ ELECTRONIC SIGNS
Location of Proposal:
Address:
Parcel Number:
Section/Township /Range:
City Wide
ATTACHMENT A
The City has determined that the proposal does not have a probable significant adverse impact on the environment. An environmental
impact statement (EIS) is not required under RCW 43.21c.030(2) (c). This decision was made after review of a completed
environmental checklist and other information on file with the lead agency. This information is available to the public on request.
Any appeal shall be linked to a specific governmental action. The State Environmental Policy Act is not intended to create a cause of
action unrelated to a specific governmental action. Appeals of environmental determinations shall be commenced within the time
period to appeal the governmental action that is subject to environmental review. (RCW 43.21C.075)
Steve Lancaster, Responsible Official
City of Tukwila
6300 Southcenter Blvd
Tukwila, WA 98188
(206)431 -3670
doc: Miscperm
E03 -007
Date
Printed: 03 -27 -2003
• 1.
TO:
FROM:
RE:
DATE:
Project File: E03 -007
Associated File: L03 -010
Applicant: City of Tukwila
Project Location: This is a non - project proposal, however some of the changes are limited to
certain zones and others would have city -wide effects.
Attachments:
Project Description:
Cizy of Tukwila
Department of Community Development
MEMORANDUM
Steve Lancaster, SEPA Responsible Official
Nora Gierloff, Planning Supervisor
Code Amendment SEPA
March 27, 2003
A. SEPA Checklist
B. Staff Report to the Community Affairs and Parks Committee
ATTACHMENT B
Steven M. Mullet, Mayor
Steve Lancaster, Director
A set of 4 proposed amendments to the Zoning Code on topics ranging from minor housekeeping
or clarification to policy decisions about allowed uses and development standards.
Agencies With Jurisdiction:
Washington State Department of Ecology
Summary of Primary Impacts:
1. Earth - This is a non - project proposal and no earth impacts are expected.
2. Air - This is a non - project proposal and no air impacts are expected.
3. Water — This is a non - project proposal and does not affect Tukwila's adoption of the standards
in the King County Surface Water Design Manual.
4. Plants - This is a non - project proposal.
6300 South center Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone: 206 -431 -3670 • Fax: 206 - 431 -3665
. 4
5. Animals — The proposed amendments will affect areas along the Green River shoreline, habitat
of the endangered Chinook salmon. However, no changes to Tukwila's Shoreline Regulations
are proposed.
6. Energy and Natural Resources - This is a non - project proposal and should not affect energy
usage.
7. Environmental Health - This is a non - project proposal and should not affect environmental
health. Tukwila would continue to enforce its Noise Ordinance and hazardous materials
regulations.
8. Land and Shoreline Use - The proposed amendments do not change the fact that self storage
facilities and automobile and truck rental businesses are being built in Tukwila, they only
formalize the zones in which they are permitted. The amendments would affect parcels with
sensitive areas but would not change the Sensitive Area Ordinance or Shoreline Regulations.
9. Housing - The proposal will not result in a change to the housing supply.
10. Aesthetics - The proposed amendments would not affect design review or screening
requirements so no aesthetic impacts are expected.
11. Light and Glare - This is a non - project proposal and no impacts are expected.
12. Recreation - The proposal will allow facilities in the Public Recreation Overlay more flexibility
for building height. This is needed because the 30 foot height limitation that affects most of the
PRO land is inconsistent with the public scale and uses common to recreational facilities. The
increased height would have to be mitigated by increased setbacks from property lines.
13. Historical and Cultural Preservation - The proposed amendments should not have any impacts
on historic or cultural sites.
14. Transportation - No transportation related impacts are expected from the amendments.
15. Public Services - This is a non - project proposal and no impacts are expected.
16. Utilities - The proposed amendments do not change the uses being built in Tukwila, they only
formalize the zones in which they are permitted so no effect on utility usage is expected.
Recommended Threshold Determination:
Determination of non - significance.
_
City of Tukwila
Washington
Ordinance No. 3- 0 \ 5
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, ESTABLISHING A SIX MONTH MORATORIUM ON
ELECTRONIC SIGNS; PROVIDING FOR SEVERABILITY; AND
DECLARING AN EMERGENCY.
WHEREAS, Tukwila's existing sign code regulations do not reflect current
industry technology regarding electronic signage; and
WHEREAS, Tukwila has received applications for signs that use electronic
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WHEREAS, a potential of distraction to drivers exists through electronic signs o o
containing rapidly - changing images and text, based on the Federal Highway w =
Administration report "Research Review of Potential Safety Effects of Electronic
Billboards on Driver Attention and Distraction "; and uj 0
WHEREAS, one of the purposes of Tukwila's Sign Code is to increase safety and u-
minimize driver distractions; and N d
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WHEREAS, Tukwila is currently considering policy issues related to regulation of
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technology such as LED and video display; and
electronic signs; and
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WHEREAS, Tukwila wishes to prevent a proliferation of electronic signs prior to o D
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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, " z
WASHINGTON, DO ORDAIN AS FOLLOWS:
I= _
Section 1. Findings of Fact. The above "Whereas" clauses are hereby adopted as z
the City Council's findings of fact as if fully set forth herein. Furthermore, the City
Council hereby declares an emergency necessary for the protection of public health and
safety.
adoption of updated regulations;
Section 2. Moratorium Established. A moratorium is hereby established upon
the acceptance of sign permits for all types of electronic signs capable of displaying
changeable text or images. No sign permit or other approval shall be granted for such
signs during the effective period of this moratorium, provided that this moratorium
shall not affect vested rights, if any, applicable to any such fully completed applications
submitted prior to the effective date of the moratorium.
Section 3. Effective Period of Moratorium. The moratorium established by this
ordinance shall become effective as set forth in section 5 below, and shall continue in
effect for six months thereafter unless repealed, renewed or modified by the City
Council after a subsequent public hearing and entry of findings of fact.
Section 4. Severability. If any section, subsection, paragraph, sentence, clause or
phrase of this ordinance or its application to any person or situation should be held to
Electronic signs
be invalid or unconstitutional for any reason by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of the
remaining portions of this ordinance or its application to any other person or situation.
Section 5. Effective Date. This ordinance, as a public emergency ordinance
necessary for the protection of public health and safety, shall take effect and be in full
force immediately upon adoption.
Section 6. Public Hearing to be Held. A public hearing on the issue of the
moratorium shall be held no later than sixty (60) days after the date of adoption herein.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON,
at a Regular Meeting thereof this 1 k‘'` day of v` c` r c- �^
2003.
ATTEST /AUTHENTICATED:
ane E. Cantu, CMC, City Clerk
APPROVED AS TO FORM BY:
Office o tl City Attorney
Electronic signs
Steven M. Mullet, Mayor
Filed with the City Clerk: 03 " 3
Passed by the City Council:
Published: /' - (XJ
Effective Date: ' r7 — 1)3
Ordinance Number: J0 /5
`
CITY OF TUKWILA
SUMMARY OF ORDINANCE NO. 2015
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, ESTABLISHING A SIX -MONTH
MORATORIUM ON ELECTRONIC SIGNS; PROVIDING FOR
SEVERABILITY; AND DECLARING AN EMERGENCY.
On March 17, 2003, the City Council of the City of Tukwila passed
Ordinance No. 2015, establishing a six -month moratorium on the acceptance
of sign permits for all types of electronic signs capable of displaying changeable
text or images; providing for severability; and declaring an emergency.
The full text of this ordinance will be mailed without charge to anyone
who submits a written request to the City Clerk of the City of Tukwila for a
copy of the text.
APPROVED by the City Council at its meeting of March 17, 2003.
Jane E. Cantu, CMC, City Clerk
Published Seattle Times: March 21, 2003 (.
Sum -ord Electronic Signs,doc
!
Options
City of Tukwila
TO: Mayor Mullet
Community Affairs & Parks Committee
FROM: Steve Lancaster, DCD Director
DATE: March 18, 2003
RE: Proposed Code Amendments
During its March 10, 2003 meeting the Community Affairs & Parks Committee ( "CAP ") asked staff to
continue working on various proposed amendments to the Sign and Zoning Codes, as follows.
On March 10th, CAP asked staff to explore the possibility of a moratorium which would address the way
electronic signs can be regulated in the interest of traffic safety. On March 17th staff presented a draft
moratorium ordinance to the Finance and Safety Committee. The draft ordinance was approved by that
Committee and was forwarded to the City Council the same day. The moratorium ordinance was
subsequently approved by the City Council and will run for a six month period, effective March 17, 2003.
During the moratorium period, staff will assist the Council and Planning Commission in the development of
policy and associated code changes. The following are some of the policy options for your consideration:
a. Allow text -only electronic "readerboard" signs that scroll and change message, perhaps
limited to a certain percentage of total sign area;
b. Allow holographic or "television" type signs with unlimited content and movement,
perhaps limited to certain zones;
c. Update the sign code language to reflect current technology while retaining existing
content restrictions and the ban on movement and flashing;
d. Prohibit all signs with electronic copy. Only allow manually changeable copy such as on a
traditional marquee or gas station sign;
e. Other changes.
Requested Action
Selection of one or more of the policy options for consideration by the Planning Commission or the
continued refinement of the options.
6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone: 206 -431 -3670 • Fax: 206-431-3665
Department of Community Development
MEMORANDUM
Sign Code Amendments
Page 1
ATTACHMENT D
Steven M. Mullet, Mayor
Steve Lancaster, Director
1.
There are four proposed amendments for the Zoning Code that were presented to CAP for their
consideration on March 10th. At that time, CAP asked staff to address certain questions that were raised
and to further refine the policy alternatives. Those amendments, staff responses and refined alternatives
are listed below: z
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1. Increase the allowed height for structures located in the Low Density Residential Zone H w
where a Public Recreation Overlay applies. e: 2
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The Public Recreation Overlay reserves certain areas owned or controlled by a public or quasi - public U Q
agency for either passive or active public recreation use (TMC 18.42). In the majority of cases, the Public Cl ) w
Recreation Overlay is located in Low Density Residential zone ( "LDR "), where development standards
limit the height of structures to 30 feet (TMC 18.10.060). By contrast, the height limit for structures in u) u-
Public Recreation Overlays located in the Tukwila Urban Center zone is 115 feet (TMC 18.28.080) w O
Accordingly, the LDR performance standard applies to a variety of structures that are, by their nature, U
larger than a single family home but that may be allowed in the Public Recreation Overlay. These larger cn d
structures include public facilities associated with golf courses, community centers and public schools. It w
can be argued that the 30 -foot height limit is overly restrictive for some of these approved uses since they z
accommodate larger groups of people and may require higher ceilings for either functional or aesthetic
reasons. w o ui
Staff proposes that building height limits for these larger structures be determined using a sliding scale.
The allowable height would be calculated in proportion to the building's distance from property lines. This
approach would allow for flexibility in building design and function while mitigating the effect of a larger, W H
taller building on the surrounding neighborhood. V
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a. Determine allowable building heights (for those structures allowed in the Public H
Recreation Overlay) via a sliding scale which calculates height in proportion to the
building's distance from property lines;
Options
Zoning Code Amendments
b. Set a separate and specific height limit (for those structures allowed in the Public
Recreation Overlay) without imposing additional lot or setback requirements;
c. Base the allowable height (of those structures allowed in the Public Recreation Overlay)
on lot size while retaining existing LDR setbacks;
d. Other changes.
Requested Action
Selection of one of the policy options for consideration by the Planning Commission or the continued
refinement of the options.
2. Add automobile and truck rentals as separate use categories in the Zoning Code
The Zoning Code does not mention automobile or truck rentals as a use category. In the past we have
allowed auto rentals in any zone that allowed auto sales (RC, RCM, TUC, C /LI, LI, HI, TVS). However the
characteristics of the two uses are somewhat different and the areas where rentals are allowed should be
clarified.
Page 2
Requested Action
There are many ways to describe and categorize trucks (by use, type, length, weight and carrying
capacity). However one clear distinction is that a commercial driver's license is not needed for any truck
that is less than 26,001 lbs. in weight. For example, a wide range of trucks can be rented for casual uses
from U -Haul, Ryder, Penske, Budget and Thrifty for various household moving and hauling tasks. One -
ton flatbed trucks can be rented from Lowe's and Home Depot for hauling construction materials
purchased at those stores. H z
Staff recommends the following: 6
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• that companies renting vehicles not requiring a commercial driver's license (including cars, sport u) o
utility vehicles, mini -vans, recreational vehicles, cargo vans, trucks and some flat beds) be
allowed in those zones where the sales of automobiles, recreational vehicles, travel trailers and -1 H
used cars are currently allowed (i.e., RC, RCM, TUC, C /LI, LI, HI and TVS). N
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• that commercial truck and fleet rentals requiring a commercial driver's license be allowed in those
zones where sales and rental of heavy machinery and equipment are currently allowed (i.e., Cit.!, U
LI, HI, MIC /L, MIC /H and TVS). v _ � c
Options w
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a. Approve the proposed changes as written for consideration by the Planning Commission; W
b. Recommend further refinement to the proposal prior to forwarding it to the Planning U u
Commission;
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c. Decline to approve the proposed changes; _
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d. Other changes. Z
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Selection of one of the policy options for consideration by the Planning Commission or the continued
refinement of the options.
3. Add self- storage as a use category in the Zoning Code
The Zoning Code does not mention "self' or "mini- storage" as a use category. In the past we have
allowed self - storage in any zone that allowed warehouse storage (RC, RCM, TUC, C /LI, LI, HI, MIC /L,
MIC /H and TVS). However the characteristics of these two uses are somewhat different. Self- storage
tends to have smaller, sometimes multi -story floorplates, generating fewer truck trips and often having an
appearance more compatible with office or commercial surroundings than warehouse storage.
Pedestrian - oriented uses and development will be studied during the development of the Tukwila Urban
Center Plan. However, Design Review is already required, as follows, for new developments in the
following zones:
• in RC, RCM, TUC, C /LI and TVS for all structures larger than 1,500 square feet in size.
• in C /LI, LI, HI, MIC /L, MIC /H and TVS for all structures within 300 feet of residential districts or
200 feet of the Duwamish.
• in HI for all structures over 45 feet in height.
Page 3
Z
Staff recommends that "self- storage" or "mini- storage" be allowed as an outright permitted use in any zone
that currently allows warehouse storage.
Options
a. Approve the proposed changes as written for consideration by the Planning Commission;
b. Recommend further refinement to the proposal prior to forwarding it to the Planning
Commission;
c. Decline to approve the proposed changes;
d. Other changes.
Requested Action
Selection of one of the policy options for consideration by the Planning Commission or the continued
refinement of the options.
Page 4
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Community and Parks Committee
Tuesday, March 25, 2003
Present: Joan Hernandez, Joe Duffie, Jim Haggerton, Rhonda Berry, Steve Lancaster, Deb
Ritter, Dennis Robertson,
1. Discussion on Proposed Sign and Zoning Code Amendments: Deb presented the staff
report detailing amendments to the Sign and Zoning Codes. These proposed amendments were
discussed at the committee meeting on March 10, with staff having been directed to further
refine the options for consideration. After a fair amount of discussion the committee
recommended the following policy options be referred to the Planning Commission: I. Update
the sign code language to reflect current technology while retaining existing content restrictions
and the ban on movement and flashing; II. Determine allowable building heights (for those
structures allowed in the Public Recreation Overlay) via a sliding scale which calculates height
in proportion to the building's distance from property lines; the committee also requested that
staff recommend a maximum allowable height, and that illustrative diagrams be included when
this matter comes back for Council deliberation; III. Add automobile and truck rentals as
separate use categories in the Zoning Code; that companies renting vehicles not requiring a
commercial driver's license (including cars, sport utility vehicles, mini -vans, recreation vehicles,
cargo vans, trucks and some flat bed) be allowed in those zones where the sales of automobiles,
recreations vehicles, travel trailers and used cars are currently allowed, :further, that commercial
truck and fleet rentals requiring a commercial driver's license be allowed in those zones where
sales and rental of heavy machinery and equipment are currently allowed. IV. Add self - storage
as a use category in the zoning code, and that "self- storage" or "mini- storage" be allowed as an
outright permitted use in any zone (i.e. RC, RCM, TUC, C /LI, LI, HI, MIC /L, MICH, and TVS);
that currently allows warehouse storage.
2. Other — Joe inquired as to what could be done to prohibit the ongoing car sales on residential
streets. Staff will pursue options with City Attorney and MSRC and report back to committee.
Dennis questioned parking requirements for some of the big bci c stores such as Home Depot
and Lowe's, and how outdoor storage has affected those stores' compliance with zoning
requirements. Steve responded that in many cases those establishments have excess parking and
have made business decisions to use the extra parking spaces for storage rather than for customer
parking. In some cases this has resulted in available parking being temporarily reduced below the
minimum specified by the Zoning Code. We may revisit this issue of parking minimums and
outdoor sales /storage as part of the Tukwila Urban Center plan update.
Joan and Jim asked if anything could be done about the "Human Signs" i.e. people wearing
sandwich boards advertising businesses and waving to passers -by. Steve noted a recent court
case in which the City of Bremerton's prohibition against such signs was upheld. We will
continue to monitor that case as it weftds through the appeal process.
Committee Chair Approval
ATTACHMENT E
Maximum Permitted Height for Public or
Quasi- Public Recreation Facilities
80'
150'
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10'
rear
setback
Maximum allowable height in LDR= 30' for residences
Maximum allowable height in LDR= 80' for public or quasi - public recreation facilities
Three feet of additional setback required for each one foot of additional height over 30'
3x50 =150' setback required
NOTICE: IF THE DOCUMENT IN THIS FRAME IS LESS CLEAR THAN
THIS NOTICE IT IS DUE TO THE QUALITY OF THE DOCUMENT.
T
30'
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City of Tukwila
NOTICE OF
PUBLIC HEARING
RECEIVED
JUN 0 5 2003
COMMUNITY
DEVELOPMENT
Notice is hereby given that the Tukwila City Council will hold three public hearings on
Monday, June 23, 2003, beginning at 7:00 p.m. in the Council Chambers at Tukwila
City Hall, 6200 Southcenter Blvd, Tukwila Washington, to consider the following:
An ordinance amending the Sign Code regulations regarding animated
signs.
An ordinance amending the Zoning Code to allow an increase in
maximum height of structures located in the Low Density Residential
Zones where a Public Recreation Overlay applies.
An ordinance amending the Zoning Code to add auto rentals and self -
storage facilities as separate land use categories.
All interested persons are invited to be present to voice approval, disapproval, or
opinions on this issue. For those unable to attend in person, you may submit written testimony
to the City Clerk's office until 5:00 p.m. on the day of the hearing.
The City of Tukwila strives to accommodate people with disabilities. Please contact the
City Clerk's Office at (206) 4334800 or TDD (206) 248 -2933 by Noon on the day of the hearing if
we can be of assistance.
Dated this ,� day of 2_ 2003.
Published: Seattle Times, June 6, 2003
E. Cantu, CMC, City Clerk
Notice_of:Public'Meeting
Board of Adjustment Agenda Pkt
'Board Appeals :Agenda :Pkt;:
FAX::To, Seattle: Times
Classifieds
;Mall: Gail Muiler Ciassifieds `:'°
PO ' Box 70 `.`- Seattle WA :98111
Determi :.of - Non- Significance
Mitigated. Determination of: On."
Significance
Determination of Significance & Scoping
Notice
Notice of
Notice of Application for 'Shorel ine Mgmt
Permit
'as mailed to „each of the addresses listed on this'
ea r 20�
P:GINAWYNETTA/FORMS /AFFIDAVIT -MAIL 08/29/003:31 PM
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:Project Number:'
Mailer-'s Signature:
Person requesting .mailing:
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Minnie Dhaliwal Planning Commission c - i deraf i o n s _ •
From: "Ekberg, Allan E." <AIIan.Ekberg @wamu.net>
To: <ismarvin @earthlink.net >, <whisler @wport.com >, <marge.bratcher @swedish.org >,
<barthur @segalebp.com >, <mdhaliwal @ci.tukwila.wa.us>
Date: 5/21/03 4:29PM
Subject: Planning Commission considerations
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To: Tukwila Planning Commission and Staff =
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I would just like to communicate that I may be late to the planning 0: 0
commission meeting and hopefully not absent. I know for sure I will not 0
be available for the 6 pm workshop. As such, allow me to share these w p
points about the agenda items: w =
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Approval of minutes - Chair Wisler and Chair Livermore are both w u_
referenced, Livermore more than once. Correction needed. Otherwise w O
approve. g
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Code Amendments: w a
A. Sign Code, et al H W
Reject staff recommendation. Select item A which is Option #1 as z
presented in the report. Why: For the benefit of commerce and today's 1-- 0
rapidly changing pace of business and business offerings allow w ~
electronic signs with regulations put forth in Option #1. The city needs 2 D .
to keep pace with technology and enable businesses to move forward with 0 w
technology. Signs promote services and service offerings beneficial to o -
the city's tax base. Code enforcement with any regulation is an issue; w
recommend the City spend $3K on code enforcement tool. H
H v
LL -
B. Public Recreation Overlay, et al z
I concur with staff recommendation - including the words in italics. v
Why: words in italics will allow for public comment to be presented to H
council's for their final decision. The 1:4 ratio with BOA review z
appears fair.
C. Auto and Truck Rentals, et al
I concur with staff recommendation as discussed with staff at our last
planning commission meeting.
D. Self Storage, et al
The key to the definition for me is the word "indoor" - as such, is this
regulation is only for indoor storage confined to within a walled
structure with ceiling or is it confined to a lot that is walled in to
appear to be a structure? Please discuss what indoor represents. If
it's within a walled structure with a roof then no issue here with staff
recommendation.
BAR - Burger King - Questions you may consider asking:
Signage - it is not clear if the building will get the equivalent volume
of signage associated to two individual businesses. Tracked sales may
not be an indicator of separate businesses, I would like to know how the
"businesses" account for shared services, like food deliver service,
site maintenance service, landscape service, employee payroll, not just
cash register receipts. If a parent company pays for those then is it
one business. I have comfort with the Director of Community Development
Page 1
+
r Minnie Dhaliwal - Planning Commissicansidera
reviewing and approving a revised pedestrian layout/amenities.
If you have any individual questions of me before the meeting please
bounce back prior to noon on Thursday
Cheers,
Allan
Allan Ekberg
Page 2
. .„
CC: <slancaster@ci.tukwila.wa.us>, <jpace@ci.tukwila.wa.us>, <Igordon@ci.tukwila.wa.us>,
<allan@allanekberg.com>
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City of Tukwila
Department of Community Development
April 24, 2003
CITY OF TUKWILA
NOTICE OF PUBLIC HEARING
PROJECT INFORMATION
The City of Tukwila has filed an application in connection with one proposed
amendment to the Sign Code and three proposed amendments to the Zoning
Code, under File L03 -010, as follows:
1. Update Sign Code regulations dealing with animated signage.
2. Increase the allowed height for structures located in the Low Density
Residential Zone where a Public Recreation Overlay applies:
3. Add automobile and truck rentals as separate land . use categories in
the Zoning Code.
4. Add self - storage as a land use category in the Zoning Code.
You are invited to comment on these proposed code amendments at the public
hearing scheduled for Thursday, April 24, 2003 at 7:00 p.m. before the Tukwila
Planning Commission. The hearing will take place at City Hall in the City Council
Chambers, 6200 Southcenter Boulevard. To confirm the time and date before the
hearing, call the Department of Community Development at 206 - 431 -3670. For
further information on this proposal, contact Deborah Ritter at 206 -431 -3663 or
visit our offices at 6300 Southcenter Boulevard, Suite 100, Monday through Friday,
8:30 a.m. to 5:00 p.m.
Related permits include: SEPA Determination (E03 -007)
FILES AVAILABLE FOR PUBLIC REVIEW
Steven M. Mullet, Mayor
Steve Lancaster, Director
The project files are available for review at the City of Tukwila. To view the files,
you may request them at the permit counter of the Department of Community
Development, located at 6300 Southcenter Boulevard, Suite 100, Monday through
Friday, 8:30 a.m. to 5:00 p.m. Please call 206- 31 -3670 in advance to make sure
the files will be available.
6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone: 206 - 431 -3670 • Fax: 206-431
Notice is hereby given that the City of Tukwila Planning Commission will be holding a public
hearing on April 24, 2003 at 7:00 p.m. located at 6200 Southcenter Blvd. to discuss the following:
CASE NUMBER:
APPLICANT:
REQUEST:
LOCATION:
CASE NUMBER: L03 -010 Code Amendments
APPLICANT: City of Tukwila
REQUEST: 1. Update Sign Code regulations dealing with animated signage.
2. Increase the allowed height for structures located in the Low Density
Residential Zone where a Public Recreation Overlay applies.
3. Add automobile and truck rentals as separate land use categories in the
Zoning Code.
4. Add self - storage as a land use category in the Zoning Code.
LOCATION: Various
Persons wishing to comment on the above cases may do so by written statement or by appearing at
the public hearing. Information on the above cases may be obtained at the Tukwila Planning
Division. The City encourages you to notify your neighbors and other persons you believe would
be affected by the above items.
Published: April 11, 2003, Seattle Times
Distribution: Mayor, City Clerk, Property Owners /Applicants, Adjacent Property
Owners, and File.
City of Tukwila
PUBLIC HEARING NOTICE
PLANNING COMMISSION PUBLIC HEARING
L03 -005
Justin Abbott for T- mobile/Voicestream
Conditional Use permit for a rooftop wireless facility.
1224 Andover Park East
City of Tukwila
NOTICE OF
PUBLIC HEARING
Notice is hereby given that the Tukwila City Council will hold a public hearing on
Monday, April 21, 2003, beginning at 7:00 p.m. in the Council Chambers at Tukwila
City Hall, 6200 Southcenter Blvd, Tukwila Washington, to consider the following:
Ordinance No. 2015, which establishes a six -month moratorium on
acceptance of sign permits for all types of electronic signs capable
of displaying changeable text or images.
All interested persons are invited to be present to voice approval, disapproval, or
opinions on this issue. For those unable to attend in person, you may submit written testimony
to the City Clerk's office until 5:00 p.m. on the day of the hearing.
The City of Tukwila strives to accommodate people with disabilities. Please contact the
City Clerk's Office at (206) 433 -1800 or TDD (206) 248 -2933 by Noon on the day of the hearing if
we can be of assistance.
Dated this day of
Aphj)
Published: Seattle Times, April 11, 2003
, 2003.
r Jane E. Cantu, CMC, City Clerk
' �
Dept. Of Community Development
City of Tukwila
AFFIDAVIT OF DISTRIBUTION
/, LLA5YWIE HEREBY DECLARE THAT:
Notice of Public Hearing
Determination of Non - Significance
Project Name: CITT OF 7 k4i/(t.,,
Notice of Public Meeting
Project Number: L. 4
Mitigated Determination of Non -
Significance
Mailer's Signature: 1.,./.4% L.
Board of Adjustment Agenda Pkt
Person requesting mailing: D 5,6
Determination of Significance & Scoping
Notice
Board of Appeals Agenda Pkt
Notice of Action
Planning Commission Agenda Pkt
Official Notice •
Short Subdivision Agenda
Notice of Application
Shoreline Mgmt Permit
Notice of Application for Shoreline Mgmt
Permit
__
--
FAX To Seattle Times
Classifieds
Mail: Gail Muller Classifieds
PO Box 70 - Seattle WA 98111
X
Other
REaSsgr> use
Was mailed to each of the addresses listed on this /Yr day ofAPRlL. i n the
year 2043
P:GINAWYNETTA/FORMS /AFFIDAVIT -MAIL 08/29/003:31 PM
CALL TO ORDER /PLEDGE OF ALLEGIANCE:
REGULAR MEETING MINUTES
TUKWILA CITY COUNCIL
Council Chambers — City Hall
April 21, 2003 - 7:00 p.m.
Mayor Steve Mullet called the Regular Meeting to order at 7 :02 p.m. and led the audience in the Pledge
of Allegiance.
ROLL CALL:
Bob Baker, Deputy City Clerk, called the roll of Council. Present were Council President Pam Carter; and
Councilmembers Joe Duffle, Joan Hernandez, Jim Haggerton, Pamela Linder, Dave Fenton and Richard
Simpson.
OFFICIALS:
Rhonda Berry, Acting City Administrator; David St. Pierre, Assistant City Attorney; Lucy Lauterbach,
Council Analyst; Bob Baker, Deputy City Clerk; Bruce Fletcher, Parks and Recreation Director; Rick Still,
Assistant Director of Parks and Recreation; Kimberly Walden, Judge — Municipal Court; Darlene Heskett,
Municipal Court Administrator; Jim Morrow, Public Works Director; Keith Haines, Chief of Police; Bruce
Linton, Police Sergeant; and Steve Lancaster, Director of Community Development.
INTRODUCTION OF NEW EMPLOYEE:
Kimberly Walden — Municipal Court Judge
Introducing herself, Kimberly Walden informed Council she was raised abroad and attended college on an
Army ROTC scholarship. Leaving the Army attaining the rank of Police Captain, Ms. Walden attended the
University of Washington School of Law and subsequently worked as a prosecutor and defense attorney.
Most recently, Ms. Walden served as a partner in her own law firm and as Judge Pro Tem at the Kirkland
Municipal Court.
After reviewing Ms. Walden's resume and having the opportunity to ask questions for clarification, Council
welcomed the new judge. They congratulated her on her appointment and stated their desire to work
with her.
CARTER MOVED; DUFFIE SECONDED; TO ADD THE CONFIRMATION OF APPOINTMENT TO
THE AGENDA AND TO CONFIRM KIMBERLY WALDEN AS MUNICIPAL COURT JUDGE. The
motion carried 7 -0.
Addressing the Council, Judge Walden noted she is "absolutely thrilled" to be working at the City of
Tukwila. After being here three weeks, she spoke highly of a staff of "amazing, hard - working"
individuals. She is very proud of the Court Administrator, staff and their operations.
Before taking the Oath of Office (administered by Mayor Mullet), Judge Walden informed Council of her
goals to polish the court and restore stability and credibility to the position. Additionally, she extended an
invitation to those present to be visitors of the court.
CITIZEN COMMENT /CORRESPONDENCE:
Dennis Robertson, Tukwila resident and former Councilmember, spoke in favor of an additional
contribution for the Airport Communities Coalition in 2003. Calling it a "worthwhile cause" Mr. Robertson
asked the Council to continue on; especially in light of the current lawsuit coming to an end. As a result
of forming "positive, good working relationships" with other area cities by way of work on the ACC, Mr.
Robertson stated the funding should continue.
City of Tukwila
City Council Regular Meeting Minutes
CONSENT AGENDA:
DUFFIE MOVED; HERNANDEZ SECONDED; APPROVAL OF THE CONSENT AGENDA AS
PRESENTED. The motion carried 7 -0.
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BID AWARDS: 2
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FENTON MOVED; LINDER SECONDED; TO AWARD A CONTRACT TO RODARTE z � CONSTRUCTION, INC., IN THE AMOUNT OF $697,152.32 $729,792.32 FOR THE CASCADE I-- O
VIEW COMMUNITY PARK AND STREET IMPROVEMENTS PROJECT.* W
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Discussion ensued wherein it was learned the contract award should be in the amount of $729,792.32, o u�
which includes the total base bid ($697,152.32) and one additive bed alternate amount ($32,640.00). o
Due to a scribner's error, the amount of the contract award was corrected in the main w w
motion without amendment.
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Page 2of9
April 21, 2003
a. Approval of Minutes — April 7, 2003
b. Approval of Vouchers — 243190 - 243507, in the amount of $1,835,298.57
c. Authorize Mayor to sign Change Order #1 to Contract #03 -030, with Nordic Construction
in the amount of $24,500.00, for additional repair work at the City Hall Northeast entry,
and lunchroom deck
d. Acceptance turnover of storm drainage system and street infrastructure within South
124 Street, South 126 Street, and 35 Avenue South (International Gateway East II —
Group Health Development) (Value of transferred assets to the City $158,372.00)
a. Award a contract to Rodarte Construction, Inc., in the amount of $697,152.32,
for the Cascade View Community Park and Street Improvements Project
Jim Morrow, Public Works Director, informed Council this project will be for the construction of a new City
park and street improvements at the corner of So. 144th Street and 37 Avenue South. In light of the
fact the first bid process was unsuccessful (bids exceeded engineer's estimate), some aspects of the
project were removed before this bidding process took place.
To keep the bid amounts lower, color will not be included in the sidewalks, a paver wall will be reduced
from full size to a partial circle and the driveway's base materials will be reduced. The addiditive bid
includes a concrete curb, sidewalks, paving and wall project. Also included in the additive bid are the art
elements and play equipment.
*The motion to award the contract to Rodarte Construction, Inc., carried 7 -0.
b. Award a contract to Bernhardt Industries, Inc., in the amount of $324,224.00,
for Foster Golf Links Course Improvements - #2, #8, #9 Greens; #1, #9 Tees;
& Putting Greens Project
HERNANDEZ MOVED; DUFFIE SECONDED; TO AWARD A CONTRACT TO BERNHARDT
INDUSTRIES, INC., IN THE AMOUNT OF $324,224.00, FOR FOSTER GOLF LINKS COURSE
IMPROVEMENTS - #2, #8, #9 GREENS, #1, #9 TEES, AND PUTTING GREENS PROJECT*
Mike Sweeney, Owner's Representative, answering an inquiry from Council, noted the award amount
shown on the Council Agenda Synopsis form ($324,224.00) is correct. Confusion (of a mentioned higher
amount) arose as a result of the 10% construction contingency, in the amount of $32,422.00. By
practice, the contingency amount is not included in the contract award amount. The contract award
amount of $324,224.00 represents a bid amount of $298,000.00, plus Washington State
Sales Tax of 8.8% or $26,224.00.
*The motion carried 7 -0.
+
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City of Tukwila
City Council Regular Meeting Minutes
PUBLIC HEARING:
Ordinance No. 2015 establishing a six -month moratorium on electronic signs
7 :25 p.m. Mayor Mullet opened the public hearing and called for citizen comments. None were
received.
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Mr. Lancaster noted a review of this item by the Community Affairs and Parks Committee on March 25. N u-
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Additionally, the Planning Commission will hold a public hearing on the issue on April 24.
Reminding Council of the September 17, 2003 expiration date of the ordinance, Mr. Lancaster noted City L
staff will assist Council and Planning Commission in development of long -term policy and associated sign c a
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code amendments.
Following this public hearing, Council has three options for action. The first is to take no immediate Z O
action, leaving the moratorium in place. The second is to repeal the ordinance, thus repealing the w
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moratorium. And, thirdly, Council may ask for a modification to the moratorium. v
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Council chose to take no action. Ordinance No. 2015 (affecting a moratorium on electronic H
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signs) stands, as adopted, at the March 17, 2003 meeting. u-
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a. An ordinance establishing a new chapter of the Tukwila Municipal Code relating to "Stay z
Out of Areas of Racing" Orders
Steve Lancaster, Community Development Director, reminded Council of the adoption of Ordinance No.
2015 on March 17, 2003. That ordinance effected a moratorium on the acceptance of sign permits for all
types of electronic signs capable of displaying changeable text or images. No sign permit or another
approval shall be granted during the effective period of the moratorium. The ordinance, under
Washington State law, also necessitated this public hearing (within 60 days from the date of adoption).
7:29 p.m. Mayor Mullet closed the public hearing.
OLD BUSINESS:
AN ORDINANCE OF THE CITY COUNCIL, OF THE CITY OF TUKWILA, WASHINGTON,
ESTABLISHING "STAY OUT OF AREAS OF RACING" ORDERS; DESIGNATING "NO RACING
ZONES "; PROHIBITING UNLAWFUL RACE ATTENDANCE; PROVIDING FOR SEVERABILITY;
AND ESTABLISHING AN EFFECTIVE DATE
FENTON MOVED; DUFFIE SECONDED; READING OF THE PROPOSED ORDINANCE BY TITLE
ONLY. The motion carried 7 -0.
Assistant City Attorney David St. Pierre read the title of the proposed ordinance.
Page 3 of 9
April 21, 2003
DUFFIE MOVED; LINDER SECONDED; ADOPTION OF THE PROPOSED ORDINANCE AS READ.*
Discussion ensued. Noting consideration of the draft, proposed ordinance at the April 7 Finance and
Safety Committee as well as the April 14 Committee of Whole meetings, Police Chief Keith Haines
informed Council of a re- working by the City Clerk's Office. The draft ordinance reflects changes made
in response to Council comments at the April 14 meeting.
Answering questions regarding necessary signage, Jim Morrow informed Council the cost of signage will
be between $12,000.00 and $15,000.00; including labor and installation. Size of the signs is yet to be
determined, yet will be done in accord with the City's sign code ordinance.
City of Tukwila
City Council Regular Meeting Minutes
Page 4 of 9
April 21, 2003
After discussion and debate, several minor edits were made to the draft ordinance and will appear in the
final ordinance, (for signature) if adopted by Council. Assisting in the edits was David St. Pierre,
Assistant City Attorney.
Sgt. Bruce Linton addressed the issue of how juveniles will be handled as a result of being charged with
this crime. In response to Councilmember Hernandez, Sgt. Linton noted they will be handled much the z
same as with any other misdemeanor crime(s). i z
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*The motion to adopt the ordinance, as read, carried 7 -0. M
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APPROVED ORDINANCE #2017 v o co
b. Approval of 2003 Contract with Southwest King County Chamber of Commerce in the - H
amount of $20,000.00 co u_
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Although Nancy Damon was present, no presentation was made, nor were any questions asked.
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In response to an inquiry at the April 14 meeting, from Councilmember Haggerton, Rhonda Berry co d
reported an addition to the Scope of Work was made. Service Item K, although currently being done, w
was never expressly written as part of the agreement. The item mentioned states, "SERVICE K - The z H
Chamber will act as a sounding board and information source for issues associated with economic vitality, E- 0
development, and other matters related to the City's economic development policies." w w
DUFFIE MOVED; HERNANDEZ SECONDED; TO APPROVE THE 2003 CONTRACT WITH THE v
SOUTHWEST KING COUNTY CHAMBER OF COMMERCE IN THE AMOUNT OF $20,000.00. 0 2-
The motion carried 7 -0. w w
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c. An ordinance fixing the amount of compensation for Councilmembers through 2007 u F
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AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, (A
AMENDING THE TUKWILA MUNICIPAL CODE TO FIX THE AMOUNT OF COMPENSATION H =
FOR COUNCILMEMBERS THROUGH 2007, REPEALING ORDINANCE NOS. 1942, 1955 AND 0 F'
1956; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE Z
FENTON MOVED; DUFFIE SECONDED; READING OF THE PROPOSED ORDINANCE BY TITLE
ONLY. The motion carried 7 -0.
Assistant City Attorney David St. Pierre read the title of the proposed ordinance.
DUFFIE MOVED; HAGGERTON SECONDED; ADOPTION OF THE PROPOSED ORDINANCE AS
READ.*
Discussion began with Councilmember Haggerton asking if an answer had been received regarding an
inquiry on whether the reimbursement program should be counted as income. Lucy Lauterbach noted
the attorney to address that issue is on vacation. In light of that, Councilmember Haggerton spoke in
favor of deferring action on this issue until such time as an answer is reached.
COUNCILMEMBER FENTON MOVED "THAT, UNDER OLD BUSINESS ITEM C, THE ORDINANCE
FIXING THE AMOUT OF COMPENSATION FOR COUNCILMEMBERS THROUGH 2007, BE
PULLED FROM THE AGENDA." The motion died for lack of a second. To assist Councilmember
Fenton, Bob Baker, Deputy City Clerk, informed Council the maker of the main motion (to adopt the
proposed ordinance as read) could withdraw his motion and it would no longer be on the table. Council
chose to continue discussion of the item, under the guises of the main motion.
Discussion continued. Councilmember Hernandez recalled Council has staggered terms as well as
staggered levels of compensation. Council President Carter reported that as of 2004, the terms will begin
to level out. Additionally, she spoke in favor of small increases, or escalators, over the years, versus one
large jump in salary figures.
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City of Tukwila
City Council Regular Meeting Minutes
Page 5 of 9
April 21, 2003
COUNCILMEMBER FENTON AGAIN ASKED IF THE MATTER WOULD BE POSTPONED. AGAIN,
COUNCIL CONTINUED DISCUSSION OF THE ITEM.
Councilmember Haggerton wondered if there might be some Councilmember who would vote differently
if they learned an answer to his earlier inquiry about medical reimbursements being counted as income.
Councilmember Linder agrees with the way stipends are handled; yet is not comfortable with increasing
medical benefits for more than one reason, namely the City's current economic financial situation. "To
be prudent," she urged Council to "leave it [Council's medical benefit] where it is, which is healthy."
Before ending her remarks, Ms. Linder shared a written informational memo which lists the names of 10
area cities and whether or not their Councilmembers receive medical benefits. Finally, Councilmember
Linder spoke in favor of setting an example in leaving the benefit "as is" so as not to send a bad message
to employees or Tukwila residents.
Although not all Councilmembers will utilize the total amount of benefits per year, some will. As it relates
to those benefits which may be taxable, Council President Carter noted that if it hurts a person's tax
bracket, there is nothing which requires them to take all of that benefit or all of their salary. Confirming
Ms. Carter's position, David St. Pierre, City Attorney, noted Councilmembers are within their rights to
return whatever salary portion they don't want. The monies may be reduced in their W -2's and the City
can reflect they've received something less. In Congress, noted Mr. St. Pierre, this is done all the time.
FENTON MOVED; HERNANDEZ SECONDED; THAT UNDER OLD BUSINESS, ITEM C, THE
ORDINANCE FIXING THE AMOUNT OF COMPENSATION FOR THE COUNCILMEMBERS
THROUGH 2007, BE PULLED FROM THE AGENDA. The motion carried 6 -1; with Councilmember
Linder voting NO.
*With the motion carrying 6 - 1, the previous motion, to adopt the motion as read, is moot.
Mayor Mullet asked this matter be placed on the next Regular meeting agenda or titled "pending" as staff
awaits answers to Council inquiries.
NEW BUSINESS:
a. Authorize Mayor to accept Public Works Trust Fund Loan in the amount of $100,000.00
for design of the Cascade View Neighborhood Drainage Project
LINDER MOVED; FENTON SECONDED; TO AUTHORIZE MAYOR TO ACCEPT PUBLIC WORKS
TRUST FUND LOAN IN THE AMOUNT OF $100,000.00, FOR DESIGN OF THE CASCADE VIEW
NEIGHBORHOOD DRAINAGE PROJECT.*
Councilmember Duffle left chambers during discussion of this item; yet returned before the vote was
taken.
Discussion ensued with a question and answer period between Councilmembers and Jim Morrow, Public
Works Director. Council was seeking clarification to information presented for this agenda item.
*The motion carried 7 -0.
b. Authorize Mayor to sign a contract with Perteet Engineering, Inc., in the amount of
$269,715.00, to provide the North Quadrant GIS Infrastructure Inventory project
LINDER MOVED; CARTER SECONDED; TO AUTHORIZE MAYOR TO SIGN A CONTRACT WITH
PERTEET ENGINEERING, INC., IN THE AMOUNT OF $269,715.00, TO PROVIDE THE NORTH
QUADRANT GIS INFRASTRUCTURE INVENTORY PROJECT.*
Jim Morrow informed Council of the City's incomplete as -built infrastructure information and noted it Tacks
a comprehensive inventory of all City-owned utilities. Generally speaking, areas recently incorporated
from King County have little to no recorded information, and areas developed or redeveloped through the
City of Tukwila
City Council Regular Meeting Minutes
*The motion carried 7 -0.
Page 6 of 9
April 21, 2003
City have limited information. The global positioning study will include an area north of South 115
(Allentown) including Ryan Hill and East Marginal Way South. Of importance to the City, the study will
show the location of all outfalls and catch basins. This will assist in the area of maintenance of those
items.
State and Federal regulations require the City to maintain accurate and complete information. Such
requirements include: • z
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1. The National Pollution Discharge Elimination System requires the City to have as -built 6 D
infrastructure network drawings for all storm facilities. v p
2. The Capacity Management, Operations and Maintenance, requires the City to develop a co w
program to address deficiencies leading to sanitary sewer overflows. u) _
3. The Government Accounting Standards Board requires the City to annually track City _11_
assets by depreciation of value or reporting maintenance outlays and providing periodic u) p
c assessments. 2
The Storm Water component of this survey requires additional and more detailed information than the U
other components of this effort. Therefore, it is recommended that of the $269,715.00 required for this = a
effort, $169,715.00 come from the 412 Fund and the remaining $100,000.00 come from the 303 Fund. f- _
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*The motion carried 7 -0. z O
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c. Authorize Mayor to sign Supplement #2 with Entranco Engineers in the amount of 2 = o
$250,000.00 for construction management services on the Interurban Bridge Widening 0 N
Project o H
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SIMPSON MOVED; FENTON SECONDED; TO AUTHORIZE MAYOR TO SIGN SUPPLEMENT #2 i H
WITH ENTRANCO ENGINEERS, IN THE AMOUNT OF $250,000.00, FOR CONSTRUCTION u.. i
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SERVICES ON THE INTERURBAN BRIDGE WIDENING PROJECT. uj z
The motion carried 7 -0. U
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d. Authorize Mayor to sign a contract with Perteet Engineering in an amount not to exceed z
$82,795.00 to perform transit planning services of Tukwila's Transit Network Plan
SIMPSON MOVED; FENTON SECONDED; TO AUTHORIZE MAYOR TO SIGN A CONTRACT WITH
PERTEET ENGINEERING, INC., IN THE AMOUNT OF $82,795.00, TO PERFORM TRANSIT
PLANNING SERVICES OF TUKWILA'S TRANSIT NETWORK PLAN.*
Jim Morrow explained Perteet Engineering would conduct an analysis of Tukwila's Transit Network in
conjunction with the Urban Center /CBD Master Plan and update to the City-wide Transportation Element.
The transit network is a key player in the overall vitality of the transportation system.
Funding for this contract comes from two sources: $70,000.00 is from the Transit Oriented Development
(federal) grant (previously awarded to the Department of Community Development); and $20,000.00 will
be taken from Public Works' CBD Traffic Master plan.
e. Authorize the purchase of a Water Utility Maintenance Vehicle originally planned for
purchase in 2004, in the amount of $46,000.00
FENTON MOVED; LINDER SECONDED; TO AUTHORIZE THE PURCHASE OF A WATER UTILITY
MAINTENANCE VEHICLE ORIGINALLY PLANNED FOR PURCHASE IN 2004, IN THE AMOUNT
OF $46,000.00.*
. + .
*The motion carried 7 -0.
REPORTS:
a. Mayor
City of Tukwila
City Council Regular Meeting Minutes
The 1994 step van is slated for surplus.
*The main motion to authorize purchase of the vehicle carried 7 -0.
Page 7 of 9
April 21, 2003
Jim Morrow advised that purchase of a water utility maintenance van is required in 2003, yet is budgeted
for 2004. The current step van, purchased in 1994, is leaking coolant internally and the repair cost is
prohibitive, when compared to the cost of a new vehicle.
The cost of the new vehicle represents $39,000.00 for the truck and $7,000.00 for the cabinetwork,
radios and Tight bars. Although funding of $32,000.00 is available, this creates a $12,000 shortfall.
Monies have been paid into fleet from the 401 Fund to anticipate shortfalls with sufficient funds to cover
the $12,000.00 needed. According to City practice /policy, that amount ($12,000.00) must be paid back
to the 401 Fund by the end of 2003.
f. Authorize Mayor to execute a purchase order to King County Directors' Association
(KCDA) in the amount of $45,608.00 for the acquisition and installation of play
equipment and site amenities for Cascade View Community Park
HERNANDEZ MOVED; HAGGERTON SECONDED; TO AUTHORIZE MAYOR TO EXECUTE A
PURCHASE ORDER TO KING COUNTY DIRECTORS' ASSOCIATION (KCDA) IN THE AMOUNT
OF $45,608.00 FOR THE ACQUISITION AND INSTALLATION OF PLAY EQUIPMENT AND SITE
AMENITIES FOR CASCADE VIEW COMMUNITY PARK*
Rick Still, Assistant Director of Parks and Recreation, answered Council inquiries and shared the same
drawings as those used in the past to demonstrate a likeness of the play equipment for Cascade View
Community Park. Utilizing the King County Directors' Association (KCDA) bid process provides a
$12,000.00 (approximate) cost savings for the equipment desired; and includes installation.
KCDA has a 6% administrative fee of $2,372.00 which is a manageable figure in light of the previously
stated cost savings. Additionally, there are a few park amenities which are sole source type items,
including lettering for the park name sign, a "rock" like play structure and safety surfacing. These items,
not included in the KCDA bid process or in the park and street improvement project, will cost
approximately $22,000.00.
Mayor Mullet represented the City in Ikawa, Japan, last week. Additionally, he reported the process for
the City Administrator's position will occur this week. Speaking of that process, the Mayor reminded all
Councilmembers of the open house (to meet the candidates) at the Tukwila Community Center on April
22, 2003.
Next, the Mayor announced the passing of Chief Olivas' father and noted he'd be on bereavement leave
for a few days. No details were available on services.
Mayor Mullet then reported demolition crews would mobilize at the Codiga Farm site on April 22, 2003.
Finally, with assistance from Jim Morrow, the Mayor notified everyone that the South 180 Street
underpass has been excavated and proceeds on schedule. The last section excavated was recently
removed and today is the first day Union Pacific, Sante Fe and Burlington Northern flaggers were not on
site. This is huge in light of the fact they cost $1,000.00 per day.
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b. City Council
City of Tukwila
City Council Regular Meeting Minutes
Councilmember Duffle also represented Tukwila in Ikawa, Japan, last week. He spoke very highly of
his visit and mentioned many of the customs observed. He announced students who went on the trip will
make a report to Council on Monday, April 28. Mr. Duffle also reported attendance to this evening's
Finance and Safety Committee meeting.
Councilmember Hernandez reported meeting an AmeriCore worker recently who is looking for ways
to assist in the community. She suggested they attend an Equity and Diversity Commission meeting.
The next meeting may be May 8 (as rescheduled from April 24) due to a potential lack of a quorum.
Next, Ms. Hernandez reported on police activity at City Hall and in her neighborhood on April 17, 2003.
Council President Carter attended an April 15 SCATBd meeting (written report previously distributed)
and April 16 Regional Transit Committee meeting.
Councilmember Haggerton reported the Cascade Water Alliance Board of Directors held interviews on
April 16 for a land use attorney. On April 17, he handled several duties (including those of Treasurer) for
the Airport Communities Coalition.
Councilmember Linder thanked Councilmember Haggerton for forwarding information on a recent
House Bill and spoke in favor of sending correspondence thanking those who supported the Council in
their position on that Bill. Council agreed sending correspondence was appropriate.
Councilmember Fenton attended an April 17 Vehicle Task Force meeting. There, a State Farm
Insurance Criminal Investigator, Jim Barnett, announced State Farm will be presenting the City with a
"Bait Car" for a period of one year, to assist issues of anti - theft. Other specifics relative to that are
purposefully left out of these minutes. Three Tukwila Police automobiles have had the Low -Jack (vehicle
tracking) system installed, which is similar in nature to that of On -Star. He then reported he'll address
the Foster High School seniors, on April 22, on "How to Rent an Apartment."
Councilmember Simpson had no report.
c. Staff
Rhonda Berry, Acting City Administrator, had no report.
d. City Attorney
David St. Pierre had no report.
e. Legislative Analyst
Lucy Lauterbach had no report.
MISCELLANEOUS:
Page 8 of 9
April 21, 2003
Mayor Mullet reported on two gifts presented to the City of Tukwila, from the City of Ikawa, Japan. Both
gifts (1. The Twelve Zodiac Signs in Clay and 2. A Gargoyle Head) will be shipped to the United States
very soon.
Mayor Mullet then reminded Council of the farewell reception for retiring City Administrator John
McFarland on Thursday, April 24, 2003, from 1— 4 p.m., in Council Chambers.
Councilmember Fenton, reminding staff of incorrect dollar amounts on tonight's agenda face sheet and
Council Agenda Synopsis forms, asked what could be done to ensure accuracy, so that motions may be
made with accuracy during the meetings. Bob Baker and Rhonda Berry explained where the confusion
City of Tukwila
City Council Regular Meeting Minutes
Page 9 of 9
April 21, 2003
may have arisen (for this agenda) and noted staff will take greater efforts to ensure amounts listed on
the CAS match those contained on the agenda face sheets.
Councilmember Haggerton noted that the sidewalk on South 160 (north side of the street), "across the
street from that blue house that has a number like 4255," contains one section of sidewalk that has been
removed and filled in with gravel. He asked when this will be fixed. Mayor Mullet will ask Public Works
staff to look into this matter.
ADJOURN:
9:06 p.m. HAGGERTON MOVED; FENTON SECONDED; TO ADJOURN THE REGULAR
MEETING. The motion carried 7 -0.
Steven M. Mullet, Mayor Robert H. Baker, CMC, Deputy City Clerk
Date Minutes Signed: May 5, 2003
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City of Tukwila
Department of Community Development Steve Lancaster, Director
TO: Mayor Mullet
City Council
FROM: Steve Lancaster, DCD Directore
DATE: April 14, 2003
RE: Electronic Sign Moratorium
During its March 17, 2003 meeting, the City Council adopted a six -month moratorium on electronic signs
under Ordinance 2015. The City Council must hold a public hearing on the issue of the moratorium no
later than sixty days after the adoption date. In accordance with that requirement, a public hearing will be
held before the City Council on Monday, April 21, 2003.
Following your March 21st public hearing, the City Council may:
1. Take no immediate action, in which case the moratorium will remain in place until
September 17, 2003;
2. Repeal the moratorium; or
MEMORANDUM
3. Request that staff prepare a modification to the moratorium for Council consideration.
On March 25, 2003 the Community Affairs and Parks Committee ( "CAP ") of the City Council forwarded
their recommendation to the Planning Commission that the sign code regulations dealing with animated
signage be updated. The Planning Commission will review CAP's recommendation in a public hearing to
be held on Thursday, April 24, 2003.
The six -month moratorium will expire on September 17, 2003. During that period, staff will assist the
Council and the Planning Commission in the development of policy and associated sign code changes.
6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone: 206 - 431 -3670 • Fax: 206 431 - 3665
Steven M. Mullet, Mayor
[De • ora Ritter - R : Public otiice for 4
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03
Page
From: "Grace Green" <ggreen @seattletimes.com>
To: "Wynetta Bivens" <wbivens @ci.tukwila.wa.us>
Date: 4/8/03 2:10PM
Subject: RE: Public Notice for 4/11/03
Thanks
Original Message
From: Wynetta Bivens [mailto :wbivens @ci.tukwila.wa.us]
Sent: Tuesday, April 08, 2003 2:08 PM
To: Grace Green
Cc: Deborah Ritter
Subject: Public Notice for 4/11/03
Hi Grace,
Please publish notice on Friday 4/11/03.
Thank youl
Please send duplicate copy of affividat to:
Wynetta Bivens
Admin Secretary
6300 Southcenter Blvd, Suite 100, DCD
Tukwila WA 98188
206 -431 -3654
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From: Wynetta Bivens
To: Deborah Ritter
Date: 4/8/03 2:30PM
Subject: Fwd: RE: Public Notice for4/11/03
Deb,
This is the Seattle Times confirmation that notice was received. Their affidavit will arrive in about 2 to 3
weeks.
Wynetta
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KENYON DORNAY MARSHALL, PLLC
MICHAEL R. KENYON
MARGITA A. DORNAY
LISA M. MARSHALL
ROBERT F. NOE
BRUCE L. DISEND
SANDRA S. MEADOWCROFF
TO:
CC:
FROM:
DATE:
RE:
THE MUNICIPAL LAW FIRM
11 FRONT STREET SOUTH
ISSAQUAH, WASHINGTON 98027-3820
(425) 392-7090
(206) 628-9059
FAX (425) 392-7071
CONFIDENTIAL
ATTORNEY-CLIENT PRIVILEGED INFORMATION
(Please do not circulate to unauthorized persons or discuss in public)
CITY OF TUKWILA
MEMORANDUM
Deb Ritter
Nora Gierloff
Steve Lancaster
David St.Pierre, City Attorney's Offic
April 2, 2003
Questions regarding electronic signage
ELIZABETH A. ABBOTT
STEVE C. KARIMI
STEPHEN R. KING
HEIDI L. BROSIUS
DAVID B. ST.PIERRE
DARIN H. SPANG
G:\City Attorney\David\ME00019-dbs Tukwila electronic signage.doc/COT/4/2/03
SERVING WASHINGTON CITIES SINCE 1993
April 2, 2002
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TO: David St. Pierre
FROM: Deb Ritter
DATE: April 1, 2003
RE: Electronic Signage
City of Tukwila
Department of Community Development Steve Lancaster, Director
cc: Steve Lancaster
Nora Gierloff
Steven M. Mullet, Mayor
6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone: 206- 431 -3670 • Fax: 206- 431 -3665
OFFICIALS:
SPECIAL PRESENTATIONS:
CALL TO ORDER /PLEDGE OF ALLEGIANCE:
TUKWILA CITY COUNCIL
Council Chambers — City Hall
March 17, 2003 - 7:00 p.m.
REGULAR MEETING MINUTES
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of Allegiance. ce. o: 2
ROLL CALL: U O
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DUFFIE MOVED; HERNANDEZ SECONDED; TO EXCUSE THE ABSENCE OF COUNCILMEMBER
RICHARD SIMPSON. The motion carried 6 -0.
Mayor Steve Mullet called the Regular Meeting to order at 7:02 p.m. and led the audience in the Pledge
Barbara Saxton, Recording Clerk, called the roll of Council. Present were Council President Pam Carter;
and Councilmembers Joe Duffle, Joan Hernandez, Jim Haggerton, Pamela Linder, and Dave Fenton.
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John McFarland, City Administrator; Rhonda Berry, Assistant City Administrator; Bob Noe, City Attorney; z H
Barbara Saxton, Acting Deputy City Clerk; Lucy Lauterbach, Council Analyst; Frank Iriarte, Acting Public z O
Works Director; Brian Shelton, City Engineer; Steve Lancaster, Community Development Director; Lynn 111 LL1
Miranda and Minnie Dhaliwal, Senior Planners, Bruce Fletcher, Director of Parks and Recreation; and
Evelyn Boykan, Human Services Manager. v0 cn.
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a. Stuart Jenner — Highline Citizens for Schools u_ z
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Not present at first call of the item. See New Business, item (g). 0
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b. Council Chambers /Municipal Court Upgrade
(J. W. TelTronics, Inc. and Frank Iriarte, Acting Public Works Director)
Frank Iriarte reported staff has reviewed several alternatives to upgrading Council Chambers /Municipal
Court, including short-term and immediate fixes; yet determined a better scope of review included the
entire room as a whole; (e.g., electronics, electrical system, equipment requirements, and set -up).
Key for the City Council is a way to see and hear Microsoft PowerPoint and other video presentations.
Also considered was an easier way for the audience to see and hear those same presentations.
Important to this issue is the configuration of Council Chambers (i.e., having a presenter's back to the
audience while speaking at the podium should be corrected).
The sound system currently in chambers is marginal at best. Therefore, corrections are a must. A
design which will work in a multi - functional mode is required. This is essential for Court, the Council, and
the Planning Commission.
Stan Holt — J. W. TelTronics, Inc., was introduced and distributed a handout (of his Microsoft PowerPoint
presentation). Mr. Holt reiterated Mr. Iriarte's comments and noted the existing system is outdated,
doesn't work properly and is inadequate to the current needs of the room. To better serve the needs of
the Council and Court, Mr. Holt reported the audio system must be fixed /updated; a display computer
and video sources must be installed which are scalable for likely future upgrades and all facets of the
projects should be cost effective.
Reporting on City Council special requirements (mic cuing system, presentation support, individual
displays for each Councilmember and Mayor at the dais and audio recording of proceedings), Court
special requirements (evidence and media presentation, laptop display compatibility for the Judge, video
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City of Tukwila
City Council Regular Meeting Minutes
arraignment /deposition system, audio recording of proceedings, improved, streamlined day -to -day
operations), Mr. Holt presented a baseline proposal for the Council and the Court.
As it relates to the Council, Mr. Holt's baseline proposal for a projection /display system includes a 2-
screen /projector solution; and seven 15" VGA monitors; a multisync monitor for the Judge /Mayor; and a
monitor for the City Clerk /Bailiff.
The stated objectives for the sound system upgrade are to replace existing gallery audio system
components, adding of sound system for the dais, providing overflow audio feeds to the lobby and to the
Police Department (to accompany existing security camera feeds). Gooseneck microphones will be added
(with cuing buttons) to the Judge's /Mayor's seat, at the podium and witness stand. Wireless
microphones are suggested for use in the court (defense attorney, prosecutor) and Council (City Clerk,
City Attorney and City Administrator).
Features of the suggested sound system include integrated program audio of playback material for
computer audio, VHS, DVD /CD's, CATV /Cable, and auxiliary inputs.
Equipment locations and visualizations were provided for Council review.
Before closing, Mr. Holt noted optional upgrades include building the system infrastructure which can
easily lead to City TV Channel in the future, creating lobby overflow video feed, integration of the Court's
VTEL video - conferencing system and CCTV camera upgrade to a Cable Channel - quality camera.
A question and answer session ensued between Council and Mr. Holt. In the end, Mr. Iriarte reminded
Council monies are not currently available for the proposed upgrades. Additionally he noted the next
step in this process is to gather a list of essential equipment desired /required by the Council. From there
prices will be determined and another presentation will be made.
CITIZEN COMMENT /CORRESPONDENCE: None.
CONSENT AGENDA:
OLD BUSINESS:
Annual Comprehensive Plan Amendments — Public Meeting Format
Page 2 of 9
March 17, 2003
a. Approval of Minutes — February 18 Regular Meeting
b. Approval of Vouchers — 242400 - 242698, in the amount of $1,264,905.61
c. Accepta Turnover of curb, gutter, and sidewalk, and 12 -inch storm drainage system as
part of the development of Grand Central Casino
DUFFIE MOVED; HERNANDEZ SECONDED; APPROVAL OF THE CONSENT AGENDA AS
PRESENTED. The motion carried 6 -0.
Steve Lancaster, Community Development Director, reported this public meeting is required to consider
the comprehensive plan amendments for 2003. Proposed are three amendments and associated code
changes; two of which are staff initiated; and a community member filed the remaining item.
L02 -062 & L02 -063 (Comprehensive Plan amendments and associated Zoning Code amendments) would
allow office uses in the MIC /H area of Tukwila. Council was briefed on this issue on March 3, 2003. Mr.
Lancaster then reviewed five points (of discussion) by Council believed important to be forwarded to the
Planning Commission. The five points (by way of potential direction to the Commission) are:
1. Changes to the MIC /H policies should recognize existing office uses as permitted in
order to avoid non - conforming use problems.
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City Council Regular Meeting Minutes
Page 3 of 9
March 17, 2003
2. If additional, stand -alone office development is allowed, the size, location and other
limitations should be considered in order to appropriately protect the industrial land
base.
3. It's important to avoid changes that may jeopardize the area's MIC /H designation under
both the County-wide planning policies and Puget Sound Regional Council's policies, as
they evolve.
4. Height limitations must be reviewed and considered existing in the area by virtue of the
King County International Airport location.
5. The Commission should review ways to discourage inappropriate subdivision of land
where lots are too small for their intended uses.
L02 -064 and L02 -065 (Comprehensive Plan amendments and associated Zoning Code amendments)
would update our sensitive areas ordinance to meet State requirements for Best Available Science.
While there is no specific proposal, staff is developing potential changes to the Zoning Code.
L02 -067 and L02 -068 (Comprehensive Plan rezone [mapping] amendments) would amend designation at
6550 and 6542 Southcenter Boulevard from Low Density Residential (LDR) to Office (0).
Questions and answers took place between Council and Mr. Lancaster.
Eric LaBrie, Barghausen Engineers, on behalf of Eric Robb, applicant, was present to answer any
questions of Council.
Councilmember Carter asked how long Mr. Robb has owned the property in question. Applicant Eric
Robb purchased the three separate tax lots in 1996 and 1997.
Eric Robb, applicant, 6550 Southcenter Boulevard, Tukwila, answered inquiries about tax lots,
easements, survey stakes and property lines.
Shaunta Hyde, Boeing Co., P. O. Box 3707, Seattle, read a letter into the record as it relates to
L02 -062 and L02 -063. Correspondence reported Boeing had intended (in the early '90's) to redevelop its
properties in the Duwamish Corridor with a mix of engineering, laboratory, developmental manufacturing
and office uses, in a campus -style setting. An Environmental Impact Statement, Memorandums of
Agreement and an implemented Mitigation Package accompanied that plan. For a variety of reasons, the
vision never came to pass. While Boeing maintains a large and vibrant presence in the corridor, they no
longer anticipate the density or intensity of development envisioned in 1992. That being the case,
Boeing now views their holdings in the Duwamish Corridor in a different light. Allowing stand -alone office
use would provide the MIC /H area an economic boost, yet would not open the area to a broader variety
of commercial use, intensity or traffic. Based upon those facts, Boeing supports the proposed
amendments and agrees that a combination of Alternatives B and D represent a good balance for the
future.
CITIZEN COMMENT:
Anna Bernhard, 14241 — 59 Avenue South, Tukwila, asked if two homes were still in the area
relative to Mr. Robb's application. Mr. Robb answered in the affirmative.
Council then discussed the proposed amendments and received clarification from staff where necessary.
HERNANDEZ MOVED; FENTON SECONDED; TO REMAND ALL ITEMS TO THE PLANNING
COMMISSION FOR CONSIDERATION.*
Additional discussion took place with respect to potential review and /or direction for the Planning
Commission.
*The motion carried 6 -0.
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City Council Regular Meeting Minutes
NEW BUSINESS:
Page 4 of 9
March 17, 2003
a. Authorize Mayor to sign Amendment No. 3 to Contract No. 02 -015 with Asset Analytics in
the amount of $38,758.00 to accommodate an expanded Scope of Work
LINDER MOVED; FENTON SECONDED; TO AUTHORIZE THE MAYOR TO SIGN AMENDMENT
NO. 3 TO CONTRACT NO. 02 -015 WITH ASSET ANALYTICS IN THE AMOUNT OF $38,758.00,
TO ACCOMMODATE AN EXPANDED SCOPE OF WORK.*
John McFarland reported receipt of a telephone call from the Tukwila School District seeking the City's
assistance in finding a way to secure connectivity between the administration building and their
temporary building (on City of Tukwila property). Cost of the proposed assistance would amend the
contract to a total of $42,458.00. The City is in favor of the proposal as it would provide "a value of that
asset in the ground." Thus, when the City moves forward with the connectivity project, it will have
"some fiber in the ground already." The School District has agreed to provide $1,500.00 to the project,
thus, City Administration is asking Council to amend the proposed figure from $38,758.00 to $42,458.00.
David Luman, Asset Analvtics, reported efficiencies in doing this project now if we look forward to
deploying fiber in the future. If the contract is approved at this meeting, people will be "on the ground
tomorrow to begin the project..." as well as the audit of the Central Business District which will begin
Wednesday, March 19.
LINDER AGREED TO AMEND HER OWN MOTION, WITH THE CONSENT OF THE SECONDER; TO
READ AS A NEW MAIN MOTION...
NEW MAIN MOTION:
TO AUTHORIZE THE MAYOR TO SIGN AMENDMENT NO. 3 TO CONTRACT NO. 02 -015 WITH
ASSET ANALYTICS IN THE AMOUNT OF $42,458.00, TO ACCOMMODATE AN EXPANDED
SCOPE OF WORK. The motion carried 6 -0.
b. Authorize proposed reallocation of surplus CDBG funds to the design phase of Cascade
View Drainage Improvement project
Councilmember Hernandez reported this item was considered at a recent Community Affairs and Parks
agenda. There, it was reported a surplus of $16,681 in CDBG fund was available for reallocation. It was
suggested the funds could be applied to the design phase of the Cascade View Drainage Improvement
project.
HERNANDEZ MOVED; LINDER SECONDED; TO AUTHORIZE THE REALLOCATION OF SURPLUS
CDBG FUNDS, IN THE AMOUNT OF $16,681.00, AND APPLY THEM TO THE DESIGN PHASE OF
THE CASCADE VIEW DRAINAGE IMPROVEMENT PROJECT.*
Discussion ensued.
Councilmember Haggerton, at the previously mentioned Community Affairs & Parks Committee meeting,
spoke in favor of Council reviewing a list of qualified projects any time in the future when surplus funds
may be available. Ms. Boykan asked if the list should appear any time there is a surplus or only when a
minimum amount of dollars are surplus. Noting surplus amounts vary from year to year, Ms. Boykan
stated the difficulty in reporting what the amounts may be.
Other options for these dollars, in terms of existing projects, would have been the King County Housing
Repair program (not recommended as unspent dollars [from 2002] still exist) or the Minor Home Repair
Program (again, not recommended as additional dollars have been allocated to that fund). As such,
there were no existing capital projects believed to merit receipt of the unspent, surplus dollars in
question; thus, the proposed re- allocation.
City of Tukwila
City Council Regular Meeting Minutes
This is the closing phase (of planning) wherein the result will be the final, draft plan.
*The motion carried 6 -0.
2) ECONorthwest in the amount of $59,928.26 for fiscal analysis
*The motion carried 6 -0.
Page 5 of 9
March 17, 2003
Council thanked Ms. Boykan for a clarification on the restrictions associated with re- allocating funds on
capital improvement projects. Additionally, she reported it is easier to apply the unspent funds to
existing projects, currently being funded.
*The motion to authorize reallocation of the surplus CDBG funds, in the amount of
$16,681.00, and apply them to the design phase of the Cascade View Drainage Improvement
project carried 6 -0.
c. Authorize Mayor to sign contracts related to Tukwila Urban Center/Transit- Oriented
Development (Phase II).
1) Freedman Tung & Bottomley in the amount of $352,338.14 for urban design
HERNANDEZ MOVED; LINDER SECONDED; TO AUTHORIZE THE MAYOR TO SIGN A
CONTRACT WITH FREEDMAN TUNG AND BOTTOMLEY, IN THE AMOUNT OF $352,338.14, FOR
URBAN DESIGN.*
Lynn Miranda, Senior Planner, Department of Community Development, reported Michael Freedman
would assist in preparing "the plan." He will take the lead as it relates to land use and design. Other
consultants will review transportation, market and fiscal analysis. Mr. Freedman will attend and facilitate
8 work sessions with the public; 4 for the Tukwila Urban Center plan and 4 for the Transit Oriented
Development plan at Longacres. Mr. Freedman will write the plan and prepare the implementation
regulations as well (such as the design guidelines and revisions to development standards). The
consultant fees will come from a $1.5 million grant funding received by the City for preparing the two
plans mentioned previously.
HERNANDEZ MOVED; CARTER SECONDED; TO AUTHORIZE THE MAYOR TO SIGN A
CONTRACT WITH ECONORTHWEST IN THE AMOUNT OF $59,928.26, FOR FISCAL MARKET
ANALYSIS. *
Lynn Miranda, Senior Planner, Department of Community Development, reported ECONorthwest would
first do a supplemental market analysis. They will review new development occurring in the Urban
Center; new development in Office within the region to determine what it means in terms of market
potential for those uses in the future. As the process goes further and land use scenarios are developed,
ECONorthwest will ensure what is proposed for land use fits into the overall future market potential and
then prepare a fiscal analysis of the scenarios developed. Finally, they will assist City staff in reviewing
proposed capital improvements (as part of this project) in the context of our ability to achieve the overall
goals for the Urban Center (transportation and financial /economic development). As with the Freedman,
Tung & Bottomley contract, this, too, shall be paid for from receipt of a $1.5 million grant.
d. Authorize Mayor to sign a contract with KPG, Inc., in the amount of $59,500.86 for P. S.
& E. (plans, specifications, engineer's estimate) for the 2003 Overlay Program
LINDER MOVED; HERNANDEZ SECONDED; TO AUTHORIZE THE MAYOR TO SIGN A
CONTRACT WITH KPG, INC., IN THE AMOUNT OF $59,500.86, FOR PLANS, SPECIFICATIONS
& ENGINEER'S ESTIMATE, FOR THE 2003 OVERLAY PROGRAM. *
Discussion ensued. The negotiated contract with KPG, Inc., is within budget and will provide design for
the 2003 Overlay Program. For 2003, it was reported overlays would take place in 1 /2 business and 1/2
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City Council Regular Meeting Minutes
Page 6 of 9
March 17, 2003
residential areas. Brian Shelton, City Engineer, reported staff is working from a pre- defined task list
(provided to Council). Staff is trying to do all on the list within 2003. Clarifying actual costs for 2003,
Brian Shelton reports the contract for the 2003 Overlay program is $59,500.86.
Design of the 2004 Overlay Program is included in the 2003 budget, to be advertised for bids in early
2004. Items for the 2004 Overlay Program are not included with this contract.
*The motion carried 5 -0 -1 (with Councilmember Haggerton being absent during the vote).
e. An ordinance establishing a moratorium on electronic signs
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON,
ESTABLISHING A SIX MONTH MORATORIUM ON ELECTRONIC SIGNS; PROVIDING FOR
SEVERABILm'; AND DECLARING AN EMERGENCY
Councilmember Hernandez reported this item started at the Community Affairs and Parks Committee
meeting for issues of proposed zoning and sign code amendments (to be forwarded to Planning
Commission), yet was ultimately referred to the Finance & Safety Committee meeting to handle the
moratorium issue.
DUFFIE MOVED; HERNANDEZ SECONDED; TO HAVE THE PROPOSED ORDINANCE READ BY
TITLE ONLY. The motion carried 6 -0.
Bob Noe, City Attorney, read the title of the proposed ordinance.
DUFFIE MOVED; FENTON SECONDED; TO ADOPT THE PROPOSED ORDINANCE AS READ.*
Steve Lancaster, Director of Community Development, reported this item has been discussed at the
Community Affairs and Parks Committee as well as the Finance and Safety Committee. The City's current
sign code does not adequately describe the prohibition of animated signs in terms that are technologically
current. While our code talks about lights and wattages allowed, there are many other technologies used
now to animate signs.
While staff operates under the premise our Tukwila Municipal Code does prohibit anything which contains
images that move, etc., it is in our best interest to clarify the code and to put a "hold" on things while the
clarifying ordinance is prepared. No new applications for signs with this capability will be accepted. A
public hearing will be held within 60 days to receive comment regarding the moratorium and any
proposed code changes which may come out of the analysis.
Questions, answers and clarification took place between staff and Council.
*The motion carried 6 -0.
APPROVED ORDINANCE #2015
f. A resolution authorizing application for an Interagency Committee for Outdoor Recreation
(IAC) grant for a project known as Grandmother's Hill
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON,
AUTHORIZING APPLICATION FOR FUNDING ASSISTANCE FOR A LAND AND WATER
CONSERVATION FUND PROGRAM (LWCF) PROJECT TO BE KNOWN AS GRANDMOTHER'S
HILL TO THE INTERAGENCY COMMITTEE FOR OUTDOOR RECREATION (IAC) AS
PROVIDED IN CHAPTER 79A.15 RCW, ACQUISITION OF HABITAT CONSERVATION AND
OUTDOOR RECREATION LANDS
HERNANDEZ MOVED; FENTON SECONDED; TO HAVE THE PROPOSED RESOLUTION READ BY
TITLE ONLY. The motion carried 6 -0.
Bob Noe, City Attorney, read the title of the proposed resolution.
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*The motion carried 6 -0.
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City of Tukwila
City Council Regular Meeting Minutes
HERNANDEZ MOVED; HAGGERTON SECONDED; TO ADOPT THE PROPOSED RESOLUTION AS
READ.*
Bruce Fletcher, Director, Parks and Recreation, reported it is the desire of staff to acquire this piece of
land without paying much of the City's money. The C. I. P. plan provides for just $10,000.00 There has
been approximately $600,000.00 raised through grant process, with another $300,000.00 hoped for. If
that doesn't come through, this IAC grant would serve as a "back -up plan." There is (potentially) a deal
on the table to be brought forward wherein City staff can secure the land fairly soon.
Mayor Mullet reported the current plan being reviewed is the current owners would maintain the plat
section and sell the archaeological section, plus all river frontage (more than 600 feet). That would sell
for approximately $900,000.00. Mr. Fletcher reported the City would acquire 8 acres; with approximately
2.5 acres being maintained by the current owners.
APPROVED RESOLUTION #1519
A resolution supporting the Highline School District General Fund Budget Levy
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON,
SUPPORTING THE HIGHLINE SCHOOL DISTRICT'S GENERAL FUND BUDGET LEVY, AND
URGING ALL ELIGIBLE VOTERS TO VOTE FOR SCHOOLS APRIL 22, 2003.
Page 7 of 9
March 17, 2003
FENTON MOVED; DUFFIE SECONDED; TO HAVE THE PROPOSED RESOLUTION READ BY TITLE
ONLY. The motion carried 6 -0.
Bob Noe, City Attorney, read the title of the proposed resolution.
DUFFIE MOVED; HERNANDEZ SECONDED; TO APPROVE THE RESOLUTION AS READ.*
Councilmember Haggerton asked if those in the audience "have a problem" with Council taking such
actions.
Anna Bernhard and Joanne McManus did not speak against the proposed resolution, yet noted some
residents don't even know what's going on, or that a part of Tukwila is in Highline School District.
This levy replaces one which expires. This is not a new levy. With the loss of this levy, the School
District's budget could be reduced by 20 %.
*The motion carried 6 -0.
APPROVED RESOLUTION #.1518
REPORTS:
a. Mayor
Mayor Mullet reported several recent meetings with Tukwila Firefighters. With a new spirit formulating
in the Fire Department, he is pleased to be a part of it.
Approximately 16 to 17 candidates are being considered for the City Administrator's position. The Mayor
will meet with a panel of individuals tomorrow to review and weed through those applications.
Next, Mayor Mullet reported setting up monthly breakfast meetings with Julia Patterson. The first one
will take place March 21.
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City of Tukwila
City Council Regular Meeting Minutes
b. City Council
Page 8 of 9
March 17, 2003
Councilmember Duffle attended the March 17 Finance and Safety Committee meeting as well as the
March 15 City of Tukwila Employee Banquet.
Councilmember Hernandez attended the March 6 D.A.R.E. Graduation and an Equity and Diversity
Commission meeting later the same evening. On March 10, Councilmember Hernandez attended the
joint Community Affairs and Parks & Transportation Committee meeting; the March 11 Highway 99 Action
Committee meeting; the March 13 Tourism event; Chamber lunch on March 14; the March 15 City of
Tukwila Employee Banquet and the March 18 Utilities Committee meeting.
Council President Carter reported receipt of an e-mail re: Chuck Johnson's (Councilmember from
Wenatchee) adult son, seriously injured in a snowboarding accident last weekend. Details of the accident
are contained in the e-mail which was offered for all to see.
On March 13, the Council President attended a Transportation Policy Board meeting.
Councilmember Haggerton previously distributed a written report on the recent National League of
Cities conference. Mr. Haggerton also attended the Seattle /Southside Tourism and luncheon event on
March 13.
Councilmember Linder had no report.
Councilmember Fenton supplemented details provided by Mr. Haggerton relative to the National
League of Cities conference and the Seattle /Southside Tourism and luncheon event on March 13.
c. Staff
John McFarland, City Administrator, reported a March 20 (scheduled) appearance before the Seattle
City Council on the utilities franchise issue. The House Bill for the turnback of Tukwila International
Boulevard passed the House with a 95 — 3 vote. The Bill must get out of the Senate and City
Administration is working hard to affect that move.
Rhonda Berry, Assistant City Administrator, distributed a Vision Tukwila Meeting summary. One of
the items to be added to the distributed matrix is for items which are of an immediate nature. Two
columns would be added — one for a target date of completion and one for a department or staff name
for referral. Ms. Berry then asked Council for additions they'd like to see included on the matrix. The
next Vision Tukwila meeting is March 18, 2003.
d. City Attorney
Bob Noe had no report.
e. Legislative Analyst
Lucy Lauterbach asked if the City Council objects to the King County bill to put a utility tax in
unincorporated King County only? No objections were expressed.
MISCELLANEOUS:
Councilmember Fenton reported continued vehicle break -ins. In light of recently received information
from California, he has reviewed it with Bob Noe, and would like to determine if the Council may pattern
what California has done (legally) and get a Bill to the State to "put some teeth into this vehicle theft
situation with juveniles."
Mayor Mullet recommended taking the information to the Car Theft Committee.
City of Tukwila
City Council Regular Meeting Minutes
Rhonda Berry reported several requests from different members of the Somali community for different
types of services. Somali people, in their native country, are typically nomads and think nothing of
accessing services available (up and down the I -5 corridor).
At the March 20 Domestic Violence Task Force meeting, Evelyn Boykan will make a presentation to
providers about the grant received to address Domestic Violence issues in the Somali community. The
grant is specifically for that community.
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9:52 p.m. HERNANDEZ MOVED; HAGGERTON SECONDED; TO RECESS THE REGULAR
MEETING. The motion carried 6 - 0.
Date Minutes Signed: April 7, 2003
Page9of9
March 17, 2003
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City of Tukwila
Department of Community Development Steve Lancaster, Director
MEMO
To: The Planning Commission
From: Steve Lancaster, DCD Director
Date: March 15, 2003
Re: Proposed Code Amendments, File Number L03 -010
BACKGROUND
Steven M. Mullet, Mayor
Planning Commission held a public hearing on April 24, 2003 and discussed the four
proposed code amendments. In the four sections below, we have described each
proposed amendment and provided modifications to the code language to more
accurately reflect the Planning Commission's April 24th comments and desired policy
direction.
A. Update Sign Code regulations dealing with animated signage.
The discussion at the April 24 meeting focussed on the administration of the code as it
relates to animation and brightness. Upon further research, staff is recommending two
options:
Option #1 Ban animated signs but allow electronic signs.
This option was discussed in detail at the April 24 meeting. There are two issues with
this approach; one is a concern regarding enforcement and also the issue with
measurement of brightness. Upon further research regarding the brightness issue, staff
is recommending that the daytime brightness level be set at the lower end (5,000 nits)
to account for any manipulation of the contrast value to circumvent the brightness
restrictions. The nighttime level would be set at 500 nits. Also, if the city decides to
regulate brightness then we should purchase a light meter, which costs approximately
$3,000 dollars. The Department of Community Development will account for this
purchase in the 2004 budget. Under this approach electronically created, static images
6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone: 206 - 431 -3670 • Fax: 206 - 431 -3665
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Options:
a.
copy or message on an electronic sign so long as the advertising
copy or message is not changed at a frequency more rapid than
once every twenty -four (24) hours. A change in the advertising
copy or message that occurs more rapidly than once every twenty -
four (24) hours will cause the sign to be considered to be an
animated sign under TMC 19.08.030 and is prohibited under TMC
19.28.010(3);
Chapter 19.28 Prohibited Signs and Devices.
19.28.010 Designated.
The following signs or devices are specifically prohibited:
3. Animated signs as defined in TMC 19.08.030, unless specifically
Such signing ic deemed necessary to the type of marketing
b. Such signing consists of a permanent fixture, and symbols or
c. Message content of such signing ic limited to time, date,
temperature or business hours.
Option #2 Ban electronic signs altogether.
This question of banning electronic signage was raised during the March 25th CAP
meeting due to on -going concerns regarding enforcement and the city's ability to
prevent people from using electronic signs for animated images. In the past, although
moving images are currently prohibited, they have appeared in the evening and on
weekends when code enforcement staff are absent. The City Attorney has advised us
that a ban on future electronic signage is legal and it may be enacted by the City
Council. Due to concerns with enforcement of electronic signs staff is recommending
this option.
Any existing, legally non - conforming signage would be "grandfathered" and they would
only loose their nonconforming status if they proposed any structural change to the
existing sign.
The following are some of the policy options available for your consideration:
a. Forward the option #1 to ban animated signs but allow electronic signs to
CAP. Brightness of electronic signs would be regulated and display will only
be allowed to change no more than once a day.
b. Forward the option #2 to ban electronic signs to CAP.
c. Other changes.
Staff recommends Option B.
3
B. Increase the allowed height for structures located in the Low Density
Residential Zone where a Public Recreation Overlay applies.
The proposal for an increased height allowance within the LDR /PRO district was
initiated by staff in response to an agreement between the City of Tukwila and Starfire
Sports for redevelopment of Fort Dent Park. King County had announced its intention
to close Fort Dent indefinitely due to serious budget problems. Tukwila successfully
negotiated an agreement under which park ownership has been transferred to the City.
Under a separate agreement Starfire Sports, a private non - profit corporation, will
finance and operate soccer and softball complexes at the park. Starfire's intent is to
improve several outdoor soccer fields and build an athletic center containing two indoor
soccer fields and ancillary facilities. Due to clearance issues for the indoor fields, the
facility cannot be built within the existing 30 -foot height limitation. In its contract with
Starfire, the City agreed to consider amending the zoning code in order to
accommodate the project.
Initially staff proposed an additional height allowance in the LDR /PRO district of 1 foot
for every 3 feet of excess setback, up to a maximum height of 80 feet. Planning
Commission members expressed concern over the potential impacts on surrounding
properties. It was suggested that staff consider holding maximum height to 45 feet, and
that Board of Architectural Review approval be required for any structures over 30 feet
in height. Upon further review, staff believes that a maximum height of 50 feet with a
reduced bonus ratio of 1 to 4 (rather than 1 to 3) is appropriate. Under this standard, a
building would have to be set back 85 to 100 feet from all property lines to achieve the
maximum height of 50 feet. (For your information, the proposed Fort Dent athletic
center would be more than 300 feet from the nearest property line.)
In the proposed language that follows (new language underlined), we have
incorporated the 1 to 4 bonus ratio and BAR approval for structures over the standard
30 feet in height. We have also added (in italics) proposed language that would allow
the City Council to grant the height bonus for projects whose design they control,
without formal review by the BAR.
Chapter 18.42 Public Recreation Overlay
18.42.030 Basic Development Standards
Development standards for the PRO district shall be as specified by this Title for the
underlying district. However, when the underlying district is the LDR Low Density
Residential district, structures may be granted a height bonus of one (1) additional
foot of height for every four (4) feet of excess setback (i.e., setback over and above
the LDR minimum standard), up to a maximum height of fifty (50) feet. Structures
for which a height bonus is requested shall be subject to Board of Architectural
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Review approval under the provisions of Chapter 18.60, except that the City Council
may approve a height bonus for structures that are subject to final construction
approval by the City Council (e.g. public or quasi - public facilities owned or otherwise
controlled by the City of Tukwila).
Options
a) Recommend the proposed revisions to the City Council as stated above.
b) Recommend that all projects in the LDR /PRO district seeking the height bonus be
subject to BAR review (i.e., eliminate the portion of the proposed language in italics).
c) Recommend no changes to the LDR /PRO height restrictions.
Staff recommends Option A.
C. Add automobile and truck rentals as separate land use categories in the
Zoning Code.
The Planning Commission agreed with CAP that companies renting vehicles not
requiring a commercial driver's license (including cars, sport utility vehicles, mini -vans,
recreational vehicles, cargo vans, trucks and some flat beds) be allowed in those zones
where the sales of automobiles, recreational vehicles, travel trailers and used cars are
currently allowed (Le., RC, RCM, TUC, C /LI, LI, HI and TVS). However, the Planning
Commission stated that they wish to also include the MIC /L and MIC /H zones in this
group.
The Planning Commission also agreed with CAP that commercial truck and fleet rentals
requiring a commercial driver's license be allowed in those zones where sales and
rental of heavy machinery and equipment are currently allowed (i.e., C /LI, LI, HI, MIC /L,
MIC /H and TVS).
Staff will include Planning Commission's recommendation to include rental of vehicles
not requiring commercial driver's license in MIC /H and MIC /L zones along with other
zones that currently allow vehicle sales.
Staff recommends forwarding these changes to CAP.
D. Add self- storage as a land use category in the Zoning Code
The Zoning Code does not mention "self- storage" as a use category. In the past we
have allowed self - storage in any zone that allowed warehouse storage (RC, RCM,
TUC, C /LI, Li, HI, MIC /L, MIC /H and TVS). However the characteristics of these two
uses are somewhat different. Self- storage tends to have smaller, sometimes multi-
5
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6
story, generating fewer truck trips and often having an appearance more compatible
with office or commercial surroundings than warehouse storage.
CAP expressed some concern about the appearance of self- storage facilities and lack
of pedestrian activity generated by this type of use. Pedestrian - oriented uses and
development will be studied during the development of the Tukwila Urban Center Plan.
However, Design Review is already required, as follows, for new developments in the
following zones:
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that currently allows warehouse storage. The Planning Commission requested that a 2
definition for "self- storage" be provided before proceeding. n N
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Chapter 19.08 Definitions
18.06.707 Self- Storage Facility
"Self- Storage Facility" means a building designed and used for the purpose of
renting or leasing individual indoor storage space to customers who are to have access
to the space for the purpose of storing or removing personal property on a self - service
basis.
Also it would be listed as a permitted use in RC, RCM, TUC, C /LI, LI, HI, MIC /L, MIC /H,
and TVS zones.
Staff recommends forwarding these proposed changes to CAP.
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Nora Gierloff Re: Moratorium on Electrc, c Signs
From: David St.Pierre
To: Nora Gierloff
Date: 3/13/03 11:03AM
Subject: Re: Moratorium on Electronic Signs
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My understanding is that there exists a study by the one of the federal highway authority agencies that
have determined that electronic changeable signs have a definite negative impact on traffic safety. (I have 6
recently been advising Maple Valley City Council in its current deliberations on amending its sign code to v p
outlaw electronic changeable signs where I learned this fact). co 0
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The US Supreme Court has recently held in Tahoe Sierra Preservation Council v. Tahoe Regional - ♦---
Planning Agency, that local governments can impose moratoria (that do NOT rise to the level of a taking) co u_ .
for time periods sufficient for needed study of a problem. In the Tahoe case, the moratorium lasted w O
approximately 31 months. The Supremes basically held that if a local government is diligently studying the -
issues and formulating appropriate policies it can take as much time as it needs. Q
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In your proposed ordinance, it would strengthen the moratorium against any legal challenges if you cite to H w
the studies that support your third Whereas paragraph when adopting the conclusion as a finding that
electronic changeable signs pose a traffic safety problem. z !—
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Otherwise, it is our opinion that, if the city has such a supportable record as indicated in the previous
paragraph, there is no legal prohibition against imposing a 6 month moratorium on an emergency basis
with a follow -up public hearing within 60 days to provide the city sufficient time to appropriately study the 0 to
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When responding, reply to:
David B. St.Pierre
Kenyon Dornay Marshall, PLLC
11 Front Street South
Seattle, WA 98027 -3820
(425) 392 -7090 Voice
(425) 392 -7071 Fax
david @kdmlawfirm.com
»> Nora Gierloff 03/12/03 02:51 PM »>
Hello David,
We talked with CAP on Monday about options for clarifying the sign code regarding animated signs and
they expressed a strong desire to tighten up the code and stop any new electronic signs from being
installed pending the code changes. Do you think that traffic safety concerns would be sufficient for
declaring a moratorium on electronic signs?
I have drafted up an ordinance for your review, see attached. We will take this to Finance and Safety on
the 17th and they may want to send it directly to Council for adoption that night. In the interest of speed
could you forward the ordinance on to Stacia after you have reviewed it, cc'ing me?
Thanks, Nora
CC: Bob Noe; John McFarland; Steve Lancaster
Page 1:
BACKGROUND
City of Tukwila
Steven M. Mullet, Mayor
Department of Community Development Steve Lancaster, Director
TO: Mayor Mullet
City Council
FROM: Steve Lancaster, DCD Director
RE: Proposed Electronic Sign Moratorium
DATE: March 12, 2003
MEMORANDUM
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Staff raised the issue of amending the sign code to address new electronic sign technology at the
March 10 CAP Committee meeting. Members thought that this was a pressing issue, given the
types of signs that are being installed along Interurban Avenue and the inherent traffic safety
issues with moving text and images. They directed Staff to explore the possibility of a
moratorium and present the draft to the Finance and Safety Committee on March 17`
PROPOSED CODE CHANGES
The current definition of animated sign does not reflect current technology such as LED and
video screens that allow signs to appear like televisions with unlimited content and movement.
In the future we may also see requests for holographic projection signs that appear to create a
three- dimensional image.
We should make a policy decision about whether we want to restrict signage to static images and
set text or if blinking, flashing, moving images and text are acceptable in Tukwila. We can try to
craft an approach that allows the electronic text message board type sign without the "television"
appearance, though since these signs are programmable it would be an ongoing enforcement
issue.
Options:
a) Allow text only electronic "readerboard" signs that scroll and change message,
perhaps limited to a certain percentage of total sign area
b) Allow holographic or "television" type signs with unlimited content and
movement, perhaps limited to certain zones
c) Update the code language to reflect current technology while retaining existing
content restrictions and ban on movement and flashing
Q: \CODEAMND \r &SMoratori um. DOC
Page 1
6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone: 206 - 431 -3670 • Fax: 206 - 431 -3665
PROPOSED MORATORIUM
REQUESTED ACTION
d) Prohibit all signs with electronic copy. Only allow manually changeable copy
such as on a traditional marquee or gas station sign.
e) Other changes
In order to prevent the proliferation of electronic signs while we are developing a policy direction
and code changes on the issue the CAP directed Staff to develop moratorium language. Attached
is a draft moratorium ordinance for your review that has been reviewed by the Finance and Safety
Committee. Should the Council establish the moratorium it would take effect immediately and a
public hearing would be required on the issue within 60 days.
Pass the moratorium ordinance as is or with revisions.
Q: \CODEAMND \r &SMoratorium.DOC
Page 2
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BACKGROUND
PROPOSED CODE CHANGES
TO: Mayor Mullet
Finance and Safety Committee
FROM: Steve Lancaster, DCD Director
RE: Proposed Electronic Sign Moratorium
DATE: March 12, 2003
MEMORANDUM
Staff raised the issue of amending the sign code to address new electronic sign technology at the
March 10 CAP Committee meeting. Members thought that this was a pressing issue, given the
types of signs that are being installed along "casino row" and the inherent traffic safety issues
with moving text and images. They directed Staff to explore the possibility of a moratorium.
Revise the way animated signs are regulated to reflect current technology
The current definition of animated sign does not reflect current technology such as LED screens
that allow signs to appear like televisions with unlimited content and movement. In the future
we may also see requests for holographic projection signs that appear to create a three -
dimensional image.
We should make a policy decision about whether we want to restrict signage to static images and
set text or if blinking, flashing, moving images and text are acceptable in Tukwila. We can try to
craft an approach that allows the electronic text message board type sign without the "television"
appearance, though since these signs are programmable it would be an ongoing enforcement
issue.
Existing Code Language
19.08.030 Animated Sign
"Animated sign" means any sign or portion of which physically moves, including rotation or on
which lettering or figures appear to move due to flashing lights. However, changes in background or
border lighting which occur at a rate of no more than ten times per minute and which utilize lamps of
no more than 15 watts are classified as non- animated portions of signs.
Q: \CODEAMND \F &SMoratorium,DOC
Page 1
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19.28.010 Prohibited Signs and Devices
3. Animated signs, unless specifically approved as a Type 2 decision according to the following
criteria:
a. Such signing is deemed necessary to the type of marketing customary to a particular classification
of business enterprise.
b. Such signing consists of a permanent fixture, and symbols or letters of plastic, metal or
electronically controlled material.
c. Message content of such signing is limited to time, date, temperature, or business hours.
Options:
a) Allow text only electronic "readerboard" signs that scroll and change message,
perhaps limited to a certain percentage of total sign area
b) Allow holographic or "television" type signs with unlimited content and
movement, perhaps limited to certain zones
c) Update the code language to reflect current technology while retaining existing
content restrictions and ban on movement and flashing
d) Prohibit all signs with electronic copy. Only allow manually changeable copy
such as on a traditional marquee or gas station sign.
e) Other changes
PROPOSED MORATORIUM
In order to prevent the proliferation of electronic signs while we are developing a policy direction
and code changes on the issue the CAP directed Staff to develop moratorium language. Attached
is a draft moratorium ordinance for your review.
REQUESTED ACTION
Forward the moratorium ordinance to the Council as is or with revisions.
Q: \CODEAMND \F &SMoratorium.DOC
Page 2
BACKGROUND
PROPOSED CHANGES
Q: \CODEAMND \RedAmendCAP.DOC
MEMORANDUM
TO: Mayor Mullet
Community Affairs and Parks Committee
FROM: Steve Lancaster, DCD Director
RE: Proposed Code Amendments
DATE: March 5, 2003
Staff has grouped 5 amendments to the Zoning and Sign Codes together for consideration. The
topics range from minor housekeeping or clarification to policy decisions about allowed uses and
development standards. Each proposed amendment has a brief explanation followed by a list of
options. Staff's recommended option is italicized.
A. Increase the allowed height for public facilities in LDR
The current LDR development standards limit the height of all structures to 30 feet (TMC
18.10.060). While this is reasonable for single family dwellings it is overly restrictive for public
facilities such as community centers, schools and recreation facilities that are also built in the
LDR Zone. These types of buildings typically are larger than a house, are built on larger lots,
accommodate many more people, and have functional requirements such as high ceilings for gym
spaces that cannot be met under the 30 foot limit. Staff `s proposal is that building height limits
for public facilities be increased based on increased setbacks from lot lines. The increased
setbacks would help to mitigate the effect of the larger, taller buildings on the surroun ing
neighborhood. �.r l Cow
Options: v \ .
1. Decline to consider the proposal Cur e
2. Forward the proposal unchanged to the Planning Commission
3. Recommend changes to the proposal before forwarding it to the PC
a) Have a specific height limit for public facilities without additional lot or setback
requirements
b) Base the increased height on increased lot size, and keep the standard LDR
setbacks
Page 1
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c) Other changes
B. Clarify when a parcel is considered a separate lot
Tukwila's current definitions of lot and site don't clearly define the circumstances under which a
parcel is considered a separate, buildable lot. The City Attorney has reviewed our code language
and suggested the following changes that will tie our definitions to the requirements of State law:
Lot "Lot" means a physically separate and distinct parcel of property which has been (a) was
created by plat, short plat, or binding site plan, or - , (b) was
bought or sold as separately owned parcel of property uscd as a separate legal building site prior to
the requirement that lots be created by plat, short plat, or binding site planT, or (c) was created by a
transaction which was exempt from the requirement that lots be created by plat, short plat or
binding site plan. "Lots" may be bought or sold as separate parcels of property but the fact that a
parcel of property is defined as a "lot" does not necessarily mean that it may developed as a
separate building site.
Site "Site" means any lot or group of adjoining lots, as defined in TMC 18.06.500, which are
proposed as the location for a development, as defined in TMC 18.06.210, or for some other
activity which requires a permit or approval pursuant to TMC titles 16, 17 or 18. 1 -domed
Options:
1. Decline to consider these changes
2. Forward the proposed changes to the PC
3. Recommend that the City Attorney consider other changes to the proposal before
forwarding it to the PC
C. Add automobile rentals as a use category in the Zoning Code
The Zoning Code does not mention automobile or truck rentals as a use category. In the past we
have allowed auto rentals in any zone that allowed auto sales (RC, RCM, TUC, C /LI, LI, HI,
TVS). However the characteristics of the two uses are somewhat different and the areas where
rentals are allowed should be clarified.
Options:
1. Decline to consider the proposal
2. Forward the proposal to add auto rentals in all zones that allow auto sales to the PC
3. Recommend changes to the proposal before forwarding it to the PC
a) Add auto rentals to additional zones (MIC /L and MIC /H)
b) Add auto rentals to fewer zones (remove RCM)
c) Other changes
Q: \CODEAMND \RedAmendCAP.DOC
Page 2
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D. Add self storage as a use category in the Zoning Code
The Zoning Code does not mention self or mini storage as a use category. In the past we have
allowed self storage in any zone that allowed warehouse storage (RC, RCM, TUC, C/LI, LI, HI,
MIC/L, MIC/H and TVS). However the characteristics of the two uses are somewhat different
with self storage having smaller, sometimes multi -story floorplates, generating fewer truck trips
and often having an appearance more compatible with office or commercial surroundings.
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Options:
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1. Decline to consider the proposal
2. Forward the proposal to add self storage in all zones that allow warehouse storages
to the PC
3. Recommend changes to the proposal before forwarding it to the PC
a) Add self storage to additional zones (MUO)
b) Add self storage to fewer zones (remove MIC /L, MIC /H)
c) Other changes
E. Revise the way animated signs are regulated to reflect current technology
The current definition of animated sign does not reflect current technology such as LED screens
that allow signs to appear like televisions with unlimited content and movement. In the future
we may also see requests for holographic projection signs that appear to create a three -
dimensional image. We should make a policy decision about whether we want to restrict signage
to static images and set text or if blinking, flashing, moving images and text are acceptable in
Tukwila. 1 v 'mss 1 ,,;,,
19.08.030 Animated Sign
"Animated sign" means any sign or portion of which physically moves, including rotation or on
which lettering or figures appear to move due to flashing lights. However, changes in background or
border lighting which occur at a rate of no more than ten times per minute and which utilize lamps of
no more than 15 watts are classified as non- animated portions of signs.
19.28.010 Prohibited Signs and Devices
3. Animated signs, unless specifically approved as a Type 2 decision according to the following
criteria:
a. Such signing is deemed necessary to the type of marketing customary to a particular classification
of business enterprise.
b. Such signing consists of a permanent fixture, and symbols or letters of plastic, metal or
electronically controlled material.
c. Message content of such signing is limited to time, date, temperature, or business hours.
We can try to craft an approach that allows the electronic text message board type sign without
the "television" appearance, though since these signs are programmable it would be an ongoing
enforcement issue.
Q: \CODEAMN D\RedAmendCAP.DOC
Page 3
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REQUESTED ACTION
Q: \CODEAMND \RedAmendCAP.DOC
1. Decline to consider changes to the sign code
2. Forward the proposal to update the definition of animated sign to the PC, retaining
the content restrictions and ban on movement and flashing
3. Recommend changes to the proposal before forwarding it to the PC
a) Allow text only electronic "readerboard" signs that scroll and change message,
perhaps limited to a certain percentage of total sign area
b) Allow holographic or "television" type signs with unlimited content and
movement, perhaps limited to certain zones
c) Other changes
Select an alternative for each of the above proposals and either forward the proposal to the
Planning Commission for consideration, decline to consider the change or hold it back for further
refinement.
Page 4
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Community and Parks Committee
March 10, 2003
Present: Joan Hernandez, Chair; Joe Duffle, Pam Linder
Rhonda Berry, Bruce Fletcher, Nora Gierloff, Steve Lancaster, Lucy Lauterbach;
Dennis Robertson
1. Freedman, Tung and Bottomlev Design Review Contract A contract similar to this one
was at the committee's last meeting. The Freedman, Tung and Bottomley firm will most likely
be awarded the contract to study the Tukwila Urban Center and Transit Oriented Development.
This contract at committee this week is a separate contract in the amount of $49,405 that would
include design review of the Westfield Mall at Southcenter and Penney's Warehouse
developments. Steve said adding these major projects will give the City the best chance of
coordinating the total development of the TUC. It will create some efficiencies to work on both
of these contracts, as they can talk to the Mall and Penney's site developers at the same time
they're up here talking to other land owners. It is a time and materials contract. Funding will
• come from DCD's 2003 professional services budget. The TUC /TOD study is being funded by
a grant.
One of the things that will be studied is the best use of land in particular areas of the CBD.
Transportation will be a part of decisions about uses. Steve talked about possible restrictions on
the large -scale plans at the Mall and Penney's. The largest problem may be the wetlands that are
on a part of the Penney's 19 -acre site. Circulations through the TUC will be part of the study.
Joan asked how the Mall and Penney's could affect the TUC redevelopment plans. Steve pointed
to several corners of the Mall site, saying what was developed at the Mall could affect the
intersections and adjoining spaces. The committee also asked if Michael Freedman will have
enough time for both contracts. Steve thought he would, especially by working on the two
contracts together. Recommend contract to Regular Meeting for discussion and adoption.
2. Proposed Comprehensive Plan Amendments . Nora and Steve led the committee through
the five draft amendments being proposed. The first was to increase the allowed height for public
facilities in Low Density Residential (LDR) zones. Nora said public buildings from the
community center to Thorndyke school have had problems meeting the current 30' height limit.
Staff proposed allowing taller buildings if the public building had larger setbacks from their
property lines. The current issue is that Starfire wants the grandstand at Fort Dent with a roof
covering, to be larger than 30'. Thus far buildings that need to be higher have gone through the
variance procedure, but that decision is made by the hearing examiner, and is generally not
favored as an ongoing way to do business. Examples of the types of buildings that would be
allowed higher rooftops were given as public facilities such as community centers, schools, and
recreation centers. The committee wanted to know what else could be included if they approved
the height increase in LDR, and if any undesirable uses could benefit from this. Because Starfire
has said this is one deal maker they really need, the question was raised whether Starfire is a
public or private facility and whether they could benefit from this even if the height change were
made to the code.
"
A second issue was recommended by the City Attorney, and addressed definition changes of
"lot" and "site ". The committee had no comments on that proposal.
The third issue was where to allow automobile rentals as a use in the zoning code. Because the
city code does not address this, businesses want to put rental sites in NCC, for example. The z
committee first said to separate truck rentals and sales from car rentals and sales. One of their . z
proposals is to allow car rentals where car sales are allowed. However, whether they would fit in cc n
the TUC or RC was debatable. Staff will work on this issue before the next meeting. 6 =
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A fourth issue was adding mini storage to the zoning code. Again, staff has generally allowed u) W
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them where warehouses are allowed in the city, which includes RC and TUC. Whether self- F.
storage buildings would be good in those zones was questioned. RC, RM and TUC have design
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review, so units could look better than a normal warehouse, but they would be the same kinds of 2
warehouse storage as everywhere else in the industrial or manufacturing zones. Staff said this is g 5
a popular business now, since it costs little to put up the buildings, and little maintenance is
needed, with a good revenue stream resulting from the buildings. Staff will also work on this I w
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The final proposal was about animated signs, which are becoming more popular with sign w w
makers. The Grand Casino has a sign that could be animated, though staff told them that would
be illegal under our current code. The committee talked about the frequency of sign changes, v 0 92
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agreeing that the signs on I -5 near Fife are distracting and generally bad. This is one issue where
action is needed fairly quickly, as companies want flashing signs and our code only addresses old = v .
technology, not current LED and electronic lights. Reschedule. u. 0
3. Grandmother's Hill Grant Bruce asked the committee to support staff's request for an
Interagency Committee for Outdoor Recreation (IAC) grant. He said the project fits well with the 0
Park and Open Space Plan of the City. The resolution is needed by April 30` The committee Z
supported the resolution. Recommend resolution to Regular Meeting.
Committee Chair approval