HomeMy WebLinkAboutPermit L01-059 - CITY OF TUKWILA - CODE AMENDMENTLO1-059
SIGN CODE
AMORITZATION
PROGRAM DEADLINE
EXTENTION
(P0 1-055)
Minutes, 12/3/01 Page 1 of 6
OFFICIALS:
SPECIAL PRESENTATIONS:
TUKWILA CITY COUNCIL
December 3, 2001 7:00 p.m.
Tukwila City Hall - Council Chambers
REGULAR MEETING MINUTES
CALL TO ORDER/PLEDGE OF ALLEGIANCE:
Calling the meeting to order at 7:03 p.m., Mayor Mullet led the flag salute.
ROLL CALL:
Calling the roll of Council was Jane Cantu, City Clerk. Present were Council President Joan Hernandez
and Councilmembers Joe Duffle; Pam Carter; Pamela Linder, Dave Fenton; and Richard Simpson.
DUFFIE MOVED; HERNANDEZ SECONDED; TO EXCUSE THE ABSENCE OF
COUNCILMEMBER HAGGERTON, as he attends a pre- conference meeting of the National
League of Cities, in Atlanta, Georgia. The motion carried 6 -
John McFarland, City Administrator; David St. Pierre, Assistant City Attorney; Jane Cantu, City Clerk;
Bob Baker Deputy City Clerk; Lucy Lauterbach, Legislative Analyst; Jim Morrow, Public Works
Director; Alan Doerschel, Finance Director; Steve Lancaster, Community Development Director; Bob
Giberson, Senior Engineer; and Lynn Miranda, Department of Community Development.
Oath of Office — Peter M. Lukevich — Municipal Court Judge
HERNANDEZ MOVED; DUFFIE SECONDED; TO RE- CONFIRM THE APPOINTMENT OF
MUNICIPAL COURT JUDICIAL OFFICER PETER LUKEVICH. The motion carried 6 -
Administering the Oath of Office to Peter M. Lukevich, Mayor Mullet noted his pleasure in re-
appointing the Municipal Court Judge, for another four -year term. With the assistance of Judge
Lukevich, many positive enhancements have been made to the City's Municipal Court. Additionally, the
judge has been an active participant in City- sponsored events such as the United Way pledge drive and
the Employees Appreciation Banquet Committee. Councilmembers thanked the Judge and noted other
areas where he is active, such as with Tort Reform, at the State level.
CITY COMMENT /CORRESPONDENCE:
Deanne Miller, Champion Associates, Everett, spoke on behalf of Dr. Steven Nguyen, Tukwila. Of
concern is Dr. Nguyen's recent relocation to Tukwila into a building without a working fire alarm. Dr.
Nguyen is on a 24 -hour building watch; and must report in to the Tukwila Fire Department every two
hours. Also present was Able Ramos, ADT Services. Mr. Ramos has a plan for a temporary fire services
system; yet, it must be approved by the City. John McFarland was unaware of the situation and spoke
with those present in private to allow the meeting to continue.
Anna Bernhart, resident, Tukwila, noted the existence of ambiguities in the map depicting the routes
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for light rail transit, recently approved by Sound Transit. Mayor Mullet explained the approved route to
Ms. Bernhart and informed her the map supplied to the newspapers was incorrect in the past; yet should
be accurate now.
CONSENT AGENDA:
a. Approval of Minutes — 11 -19 -01 (Regular Meeting)
b. Approval of Vouchers #232521- 232799, in the amount of $958,403.66
DUFFIE MOVED; HERNANDEZ SECONDED; APPROVAL OF THE CONSENT AGENDA,
AS PRESENTED. The motion carried 6 -0.
BID AWARD:
Jim Morrow, Public Works Director, spoke in favor of Council awarding the contract and noted it has
been nine and one -half years in the planning. The City will provide its own construction management
for the project. For two years, Mr. Bob Giberson, Senior Engineer, will serve as Project Manager. It was
noted South 180th Street will not be closed until (perhaps) February, 2002.
CARTER MOVED; DUFFIE SECONDED; AWARDING A CONTRACT TO WILDER
CONSTRUCTION COMPANY, IN THE AMOUNT OF $14,915,266.27, INCLUDING
WASHINGTON STATE SALES TAX, FOR CONSTRUCTION OF THE SOUTH 180TH
GRADE SEPARATION PROJECT. The motion carried 6 -0.
OLD BUSINESS:
Award a contract to Wilder Construction Company, in the amount of
$14,915,266.27, including Washington State Sales Tax, for construction of the
South 180th Grade Separation Project
a. AN ORDINANCE EXTENDING THE SIGN CODE AMORTIZATION PROGRAM
DEADLINE
AN ORDINANCE OF THE CITY COUNCIL F THE
CITY OF TUKWILA, WASHINGTON, AMENDING
ORDINANCE NO. 1857 AND CHAPTER 19.30 OF
THE TUKWILA MUNICIPAL CODE "SIGN
CODE ", EXTENDING THE AMORTIZATION
PROGRAM DEADLINE BY ONE YEAR;
PROVIDING FOR SEVERABILITY; AND
ESTABLISHING AN EFFECTIVE DATE
LINDER MOVED; FENTON SECONDED; READING OF THE PROPOSED ORDINANCE, BY
TITLE ONLY. The motion carried 6 -0.
Assistant City Attorney David St. Pierre read the title of the proposed ordinance.
DUFFIE MOVED; HERNANDEZ SECONDED; ADOPTION OF THE PROPOSED
ORDINANCE AS READ. The motion carried 6 -0.
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APPROVED ORDINANCE #1982 EFFECTIVE DATE: December 13, 2001
b. AN ORDINANCE INCREASING REGULAR LEVY IN 2002
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF TUKWILA, WASHINGTON,
INCREASING THE CITY OF TUKWILA
REGULAR LEVY FROM THE PREVIOUS YEAR,
COMMENDING JANUARY 1, 2002, ON ALL
PROPERTY, BOTH REAL AND PERSONAL, IN
COMPPLIANCE WITH RCW 84.55.120;
PROVIDING FOR SEVERABILITY; AND
ESTABLISHING AN EFFECTIVE DATE
FENTON MOVED; DUFFIE SECONDED; READING OF THE PROPOSED ORDINANCE, BY
TITLE ONLY. The motion carried 6 -0.
Assistant City Attorney David St. Pierre read the title of the proposed ordinance.
FENTON MOVED; LINDER SECONDED; ADOPTION OF THE PROPOSED ORDINANCE
AS READ. The motion carried 6 -0.
APPROVED ORDINANCE #1983 EFFECTIVE DATE: January 1, 2002
c. AN ORDINANCE INCREASING PROPERTY LEVY IN 2002
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF TUKWILA, WASHINGTON,
LEVYING THE GENERAL TAXES FOR THE CITY
OF TUKWILA IN KING COUNTY FOR THE
FISCAL YEAR COMMENCING JANUARY 1,
2002, ON ALL PROPERTY, BOTH REAL AND
PERSONAL, IN SAID CITY WHICH IS SUBJECT
TO TAXATION FOR THE PURPOSE OF PAYING
SUFFICIENT REVENUE TO CARRY ON THE
SEVERAL DEPARTMENTS OF SAID CITY FOR
THE ENSUING YEAR AS REQUIRED BY LAW;
PROVIDING FOR SEVERABILITY; AND
ESTABLISHING AN EFFECTIVE DATE
FENTON MOVED; LINDER SECONDED; READING OF THE PROPOSED ORDINANCE, BY
TITLE ONLY. The motion carried 6 -0.
Assistant City Attorney David St. Pierre read the title of the proposed ordinance.
FENTON MOVED; LINDER SECONDED; ADOPTION OF THE PROPOSED ORDINANCE
AS READ. The motion carried 6 -0.
APPROVED ORDINANCE #1984 EFFECTIVE DATE: January 1, 2002
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d. AUTHORIZE THE MAYOR TO SIGN AN INTERLOCAL AGREEMENT BETWEEN THE
CITIES OF TUKWILA, RENTON AND DES MOINES REGARDING
TRANSPORTATION /HOUSING OF PRISONERS
HERNANDEZ MOVED; FENTON SECONDED; AUTHORIZING MAYOR MULLET TO
SIGN AN INTERLOCAL AGREEMENT BETWEEN THE CITIES OF TUKWILA, RENTON Z
AND DES MOINES REGARDING TRANSPORTATION /HOUSING OF PRISONERS. The
motion carried 6 -0. E- w
e. AN ORDINANCE ADOPTING THE PROPOSED 2002 BUDGET (DISCUSSION) o
AN ORDINANCE OF THE CITY COUNCIL OF I
THE CITY OF TUKWILA, WASHINGTON, U u _
ADOPTING THE ANNUAL BUDGET OF THE w o
CITY OF TUKWILA FOR THE FISCAL YEAR
2002; PROVIDING FOR SEVERABILITY; AND Q
ESTABLISHING AN EFFECTIVE DATE cn a
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Alan Doerschel, Finance Director, noted the proposed budget is slated for approval at the December 10 ?
Special Meeting. Discussions encompassed the items of monies being attributed to the Historical z O
and to lighted soccer fields in 2002. Consensus existed to contribute $1,000.00 to the Historical Society
for archivist preservation work. v
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f. A resolution approving the Financial Planning Model (Discussion) w w
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A RESOLUTION OF THE CITY COUNCIL, OF u- 0
THE CITY OF TUKWILA, WASHINGTON, w Z
ADOPTING THE 2002 -2007 FINANCIAL
PLANNING MODEL AND THE CAPITAL p
IMPROVEMENT PROGRAM FOR GENERAL Z
GOVERNMENT AND THE CITY'S ENTERPRISE
FUNDS
Alan Doerschel, Finance Director, informed Council the Financial Planning Model resolution is slated
for adoption at the December 10 Special meeting. CIP amendments and budget carry -overs are reflected
in a new attachment "A" presented to Council this evening. Finally, Council reviewed CIP pp. 132 -136
and p. 173.
g. AUTHORIZE THE MAYOR TO SIGN THE AIRPORT COMMUNITIES COALITION 2001
INTERLOCAL AGREEMENT AMENDMENT (formerly agenda item e — taken out of order)
CARTER MOVED; HERNANDEZ SECONDED; AUTHORIZING MAYOR MULLET TO
SIGN THE AIRPORT COMMUNITIES COALITION 2001 INTERLOCAL AGREEMENT
AMENDMENT. The motion carried 6 -0.
NEW BUSINESS:
AUTHORIZE MAYOR MULLET TO SIGN A CONTRACT WITH FREEDMAN TUNG &
BOTTOMLEY, IN THE AMOUNT OF $58,000.00 FOR THE TUKWILA URBAN CENTER
SUBAREA PLANNING PROJECT, PHASE I
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Lynn Miranda, Associate Planner, DCD, noted this contract puts into place a plan for dealing with
outside issues such as the I -405 widening projects. She also noted a strong transportation element with
this agreement.
FENTON MOVED; LINDER SECONDED; AUTHORIZING MAYOR MULLET TO SIGN A
CONTRACT WITH FREEDMAN TUNG & BOTTOMLEY, IN THE AMOUNT OF $57,600.00
FOR THE TUKWILA URBAN CENTER SUBAREA PLANNING PROJECT, PHASE I. The
motion carried 6 - 0.
REPORTS:
a. Mayor
Mayor Mullet announced Tukwila's receipt of a $1.5 million grant (from Washington D.C.) last week;
and noted property tax money revenues were better than anticipated.
b. City Council
Councilmember Duffle reported (recent) telephone calls where trash outside a local home is becoming
an eyesore and a nuisance. Mr. McFarland made note of the report and will follow up with City staff.
Councilmember Carter attended a Rail - Volution Conference the last week of November, in San
Francisco. Additionally, she will attend an ACC meeting in Mr. Haggerton's absence on December 6.
Council President Hernandez attended the November 28 Foster Community Club's Police and Fire
recognition dessert potluck. She also announced the January, 2002, retreat will be held at the Inn at Gig
Harbor. Reservations are being made. More information will follow, in addition to the brochure she
distributed to each Councilmember.
Councilmember Linder is flying to the National League of Cities Conference, in Atlanta, Georgia,
tomorrow. She, too, attended the Foster Community Club dessert potluck held on November 28.
Councilmember Fenton reported a December 4 Day of Reconciliation and prayer, in Washington D.C.
Councilmember Simpson attended the Foster Community Club dessert potluck on November 28 and
will be gone from December 4 —11, 2001.
c. City Administrator
John McFarland, City Administrator, reported Department Directors and Division Managers would
hold the annual Employee Appreciation Breakfast, on December 6, and invited Council. Additionally,
Mr. McFarland reported on the success of the annual United Way campaign. The goal of a 15% increase
in participation was reached. In addition, finally, over $1,300.00 was raised (alone) in the basket silent
auction.
d. Legislative Analyst
Lucy Lauterbach, Legislative Analyst, reported Karen Kaiser will take the place of Julia Patterson, in
the Senate.
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e. City Attorney
MISCELLANEOUS:
Page 6 of 6
David St. Pierre, Assistant City Attorney, noted City Attorney Bob Noe was absent due to serving Jury
duty this week. Additionally, he reported on the on -going hearing examiners trial in the A to B Auto
issue.
Councilmember Linder suggested now to be a good time to put together a list of items for the Council
retreat agenda. Council concurred.
EXECUTIVE SESSION: None.
ADJOURNMENT:
8:24 p.m. Fenton moved; Duffle seconded; to adjourn the regular meeting. The motion carried 6 -
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TUKWILA CITY COUNCIL
November 26, 2001 7:00 p.m.
Tukwila City Hall - Council Chambers
COMMITTEE OF THE WHOLE
EXECUTIVE SESSION — 6:30 P.M.
(Pursuant to RCW 42.30.110(1)(g)
6:30 p.m. Executive session began.
6:55 p.m. Executive session ended.
CALL TO ORDER/PLEDGE OF ALLEGIANCE:
Calling the meeting to order at 7:03 p.m., Council President Joan Hernandez led the flag salute.
COUNCIL ATTENDANCE:
Present were Council President Joan Hernandez; and, Councilmembers Joe Duffie, Pam Carter, Jim
Haggerton, Pamela Linder, David Fenton and Richard Simpson.
OFFICIALS:
John McFarland, City Administrator; Rhonda Berry, Assistant City Administrator; Bob Baker Deputy
City Clerk; Lucy Lauterbach, Legislative Analyst; Alan Doerschel, Finance Director; Steve Lancaster,
Community Development Director; Moira Bradshaw, Senior Planner; and Gail Labanara, Public Works
Analyst.
CITIZEN COMMENT /CORRESPONDENCE: None.
PUBLIC HEARING:
Proposed 2002 Budget; 2002 -2007 Finance Planning Model and Capital
Improvement Program (CIP)
7:05 p.m. Council President Hernandez opened the public hearing.
Alan Doerschel, Finance Director, spoke of proposed changes to the budget as discussed thus far:
Revenue estimates based upon a clearer understanding of 2001 ending fund balances, the impact of
Initiative 747 on property tax receipts and what is believed to be a more realistic local, regional and
national economic forecast.
Sales tax revenues have been adjusted to reflect an estimated $100,000.00 shortfall for 2001. Property
tax revenues have been adjusted to reflect the impact of I -747. Over the six -year period, the City will
reduce total property tax receipts by an estimated $2.42 million. The beginning fund balances have been
adjusted based on actuals to date and recent decisions to not fill various position vacancies. Projected
carryover each year has increased to reflect the labor vacancy savings. CIP Project costs have been
adjusted to reflect the revised revenue projections and the impact on those projects identified in the plan
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as funded.
The overall shortfall at the end of six year is $6.2 million. Under current revenue pictures, the City
slowly diminishes its capacity to support the capital plan. The City will not reach a budget deficit until
2006.
The responsibility will fall upon elected officials to make potentially unpopular decisions regarding
maintenance and operations versus capital expenditures.
Wendy Morgan, 18623 — 48th Place South, SeaTac, continued in her efforts on behalf of the
Historical Society to acquire monies from the City. The money would be coupled with a $1,000.00 grant
received from King County, to obtain the services of an archivist to index and properly preserve
historical documents.
Rene Blanchett, Julie David, Rocco Morgan, Scott Sweet, Rachael Blanchett and Jeff Vert, all
spoke in favor of acquiring lighting at Showalter Middle School Field. Currently, soccer leagues have
very little daylight for season turnouts. Lighted sport fields, several stated, would benefit many outdoor
sports. All asked for lighting in or by 2003.
Council referred the matter to the Community Affairs and Parks Committee for further discussion and
information.
7:43 p.m. Council President Hernandez closed the public hearing.
Council spoke in favor of supporting the potential of collaborating with the Youth Soccer Association
and School District officials to achieve positive results on this request. Mayor Mullet noted his
agreement with the suggestion.
SPECIAL ISSUES:
a. Proposed ordinance extending Sign Code amortization program deadline
Moira Bradshaw, Senior Planner, introduced the proposed ordinance to Council and noted a current
moratorium deadline of December 31, 2001. The Planning Commission held a public hearing on the
proposed extension. No citizen comment was received. Along with the Planning Commission, the
Community Affairs and Parks Committee support the proposed one -year extension.
Councilmembers Fenton and Haggerton spoke in favor of the proposed ordinance; yet noted their
preference of no further extensions.
Council consensus existed to forward this item to the December 3, Regular meeting, for
action/consideration.
b. Proposed ordinance containing Zoning Code Commercial Parking amendments
Moira Bradshaw, Senior Planner, provided clarification on airport employee parking as well as the
recommendations of the Community Affairs & Parks Committee, after their October 23 meeting. The
current moratorium expires on January 10, 2002.
She noted the TMC contains confusing language in the Zoning Code regarding parking; and by
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extension parking for airport employees. After review of the issue, the Planning Commission
recommends deleting "Public parking lots or garages for private passenger cars" as a permitted use, from
all zones. Additionally, the Planning Commission recommends a new type of permitted use that defines
Commercial parking as, "the parking of automobiles as a commercial enterprise for a fee."
The Planning Commission has also created a new "Park and Ride Facility definition as well. It is defined z
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as, "A facility for temporarily parking automobiles, the occupants of which transfer to public transit to =
continue their trips. w
Michael Aippersbach, P. 0. Box 95429, Seattle, representing SRO theater, appeared with Jason _10
Horning, on behalf of Sterling Realty, P. 0. Box 97123, Bellevue., Mr. Aippersbach spoke in favor of co W
a public hearing on this issue. 11
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Citing potentially cost - prohibitive land prices, Mr. Aippersbach spoke against requiring structured w o
parking at the theater. He also spoke against the cost - prohibitive price - per - parking stall (approximately g
$15,000.00).
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Flexibility is very important, Mr. Aippersbach noted, when creating the new ordinance. He asked for F
flexibility until the theater property is "right" for development. ? t-
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After receiving answers to questions posed, the Council spoke in favor of holding a public hearing on
this issue.
The public hearing shall be held on December 10, 2001.
c. Interlocal agreement regarding transporting /housing of prisoners
John McFarland, City Administrator, reviewed contents of the proposed agreement with Council. He
noted the City of Renton has agreed to act as the transfer point for prisoners to be housed in the Yakima
County Jail facility. The proposed Interlocal authorizes the City of Renton to assume custodial
responsibility for Tukwila's prisoners awaiting such transfers.
Additionally, Mr. McFarland noted Yakima's per diem rate is $49.00 with no booking fee and no
transport fee. King County charges a $152.00 booking fee, and $84.00 per day housing rate, Assuming a
one -day stay in Renton awaiting a transfer to Yakima, total cost to the City for a prisoner would be
$74.00. A similar event using King County would cost $236.00 per prisoner.
Clarification to Council inquiries revealed use of this agreement will be primarily for those defendants
who are sentenced immediately or previously sentenced. Chances are very slim that it will be used in
cases before a defendant has been tried and /or convicted.
Council consensus was to forward this item to the December 3 Regular meeting, authorizing Mayor
Mullet to sign the agreement.
d. Interlocal agreement regarding Airport Communities Coalition
John McFarland reported the proposed, amended Attachment A of the ACC Interlocal reflect additional
funding ($450,000.00) from the City of Des Moines for 2001. All dedicated funds (those invoiced
quarterly) are scheduled for deposit into the ACC account on December 14, 2001. All other areas of the
Interlocal Agreement remain unchanged.
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Council consensus was to forward this item to the December 3 Regular meeting, authorizing Mayor
Mullet to sign the agreement.
e. Recommendation of architect for Foster Golf Links Clubhouse
Bruce Fletcher, Director, Parks and Recreation, recommended an architectural services agreement with z
David A. Clark Architects, PLLC, from Kent, WA. After an extensive selection process, including the z ~
review of 20 submittals; 6 interviews and multiple site visits, the architect selection committee (Bruce
Fletcher, Mayor Mullet, Marty O'Brien, Rick Still and Torn Pulford) unanimously chose David A. Clark D
Architects. v p
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Notable work projects completed by the preferred architectural firm include the current Valley J z
Communication Center; Renton's Maplewood Golf Course Clubhouse; Our Lady's Chapel of w
Reflection; and Timberland Library in Maple Valley. iii 0
Mr. Fletcher distributed a wire bound packet containing "Letter of Interest & Statement of u Q
Qualifications" dated August 22, 2001. Once an agreement has been negotiated, the proposed Scope of = d
Work and Terms of the agreement will be brought back for the City Council's approval. F- i
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Council consensus existed to forward this item to the December 3 Regular meeting to authorize Mayor w O
Mullet to negotiate a contract and scope of work with D. A. Clark Architects. Council will then review a g D
draft agreement with Council at their December 10 COW meeting. v o
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g. Proposed ordinance increasing property levy in 2002. u' z
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h. Update on Financial Planning Model
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Alan Doerschel, Finance Director, led Council through written materials received from the King County
Assessor's Office. He noted final levy amounts will be determined and available by December 3, yet
noted they may only vary slightly from what was presented (for this meeting).
An increase in the property tax levy is a percentage increase of 1.35 percent over that used in 2001. The
increase, in addition to any amount resulting from the addition of new construction and improvements to
property and any increase in the value of state - assessed property, for 2002, is $127,597.00.
Mr. Doerschel answered inquiries of Council.
Council consensus was to forward each item to the December 3 Regular meeting for
action/consideration.
9:02 p.m. Linder moved; Fenton seconded; to take a five minute recess and upon reconvening,
consider reports before handling item IV (e). The motion carried 7 -
9:14 p.m. Council President Hernandez reconvened the meeting.
REPORTS:
a. Mayor
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Minutes, 11/26/01 a Page 5 of 6
Mayor Mullet reported the United Way baskets have been placed in the display cabinets. He
encouraged Councilmembers to preview the baskets and the silent auction sheets posted on the counter
in the Finance Department. He attended the November 21 swearing in ceremony of Julia Patterson.
b. City Council
Councilmember Duffle had no report.
Councilmember Carter attended the November 20 SCATBd meeting and the November 26
Transportation Committee meeting. Ms. Carter is leaving for San Francisco on November 28 to attend
the rescheduled Rail - Volution Conference.
Council President Hernandez congratulated the incumbent Councilmembers on their recent re-
election, now that the election has been certified. She also reported attendance on a fieldtrip with the
City of Tukwila senior citizens, from TCC, to Thornwood Castle, in Lakewood, WA, on November 14.
Councilmember Haggerton reported his absence at the December 3 Regular meeting. He will attend
the November 28 Suburban Cities Board Meeting.
Councilmember Linder had no report.
Councilmember Fenton had no report.
Councilmember Simpson attended the November 21 Rotarian Thanksgiving dinner.
c. City Administrator
John McFarland reported the Personnel division of the Administrative Services Department is moving
out of City Hall, the afternoon of November 28.
d. Legislative Analyst
Lucy Lauterbach reminded Council of an opportunity to mentor children, as invited to do such, in
correspondence from the Melinda Gates Foundation. For more information, Councilmembers were
encouraged to see Ms. Lauterbach.
MISCELLANEOUS:
Councilmember Haggerton noted he'll attend Auburn Mayor Chuck Booth's retirement reception on
December 20, 2001, at the Auburn Senior Center. Clerk's Note: There is another, more formal dinner on
December 19, at Emerald Downs, at the cost of $35.00 per person. Councilmembers are invited to attend
either or both event; yet must pay in advance to attend the dinner at Emerald Downs.
SPECIAL ISSUES Item i. Continued Review of Proposed 2002 Budget
Noting review of the Proposed 2002 Budget was complete, Council President Hernandez led the Council
on a review of the Proposed 2002 Capital Improve Program (CIP).
The largest portions of the CIP are comprised of streets, bridges and utilities. Councilmembers
completed a review of the entire CIP. Manual adjustments were recorded by Mr. Doerschel; and the
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final CIP will come before Council for approval and adoption at a future meeting.
EXECUTIVE SESSION: None.
ADJOURNMENT:
10:26 p.m. Duffle moved; Fenton seconded; to adjourn the Committee of Whole. The motion carried
7 -0.
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RECORD OF COUNCIL ACTION
ITEM INFORMATION
CAS Number: 01 -110
5/29/01
Original Agenda Date 5 -29 -01
Agenda Item Title:
Sign Code Amortization Program
Original Sponsor:
Council Admin. X
Timeline:
Sponsor's Summary:
Extension of the Sign Code amortization deadline by twelve months from 12/31/01 to
12/31/02.
Recommendations:
Sponsor:
Committee:
Administration:
Forward issue to Committee of the Whole for consideration of draft ordinance (See Minutes
11/14/01)
Approve
Cost Impact (if known):
none
Fund Source (if known):
RECORD OF COUNCIL ACTION
Meeting Date
Action
5/29/01
Approved Sign Amortization Incentive Programs
8/27/01
Discussed amortization options in light of recent City of Federal Way case and forwarded
extension option to Planning Commission for a hearing and recommendation.
8/27/01
mcb
11/26/01
mcb
Meeting Date
Prepared by
Mayor's review
Council review
5/29/01
mcb
8/27/01
mcb
11/26/01
mcb
COUNCIL AGENDA SYNOPSIS
Initials
ITEM No.
APPENDICES
Meeting Date
11/26/01
11/26/01
Attachments
CAP meeting minutes of 11/14/01 (awaiting approval)
Memo from Steve Lancaster with Attachments
RECE!WED
Community and Parks NOV 2 0
November 14, 2001
DEVELOPMENT
Present: Pam Linder, Joe Duffie, Richard Simpson
Evie Boykan, Rhonda Berry, Moira Bradshaw, Tracy Thomas, Bruce Fetcher,
Paul Surek, Lucy Lauterbach; Tukwila Historical Society members Kathryn
Harris, Joanne Davis, Mick Torgali, Louise Strander
Tukwila Historical Society The Historical Society had written the City asking for $5,000 to
add to a $1,000 grant they received from King County. Louise explained they hoped to contract
with an archivist, and that they had to meet the standards set by the King County Cultural
Resources division, which is where they got the grant. There are various levels of archiving, and
they want to do it right this time. The material the Society has is in a variety of formats. Some of
it was saved before, but as technology changes, those previous methods of saving are old -
fashioned now. Louise said the Society is interested in reinstating the Rudy Regal scholarship at
Foster, and also in talking to the Arts Commission about running another art contest about local
history. Louise said the Historical Society has operated independently throughout its existence,
and it is a community — building group. Pam asked where the historical materials were, and
Louise said they are still at the Library, which is less than ideal, but seems to be the best site so
far. Rhonda said the intern working on archiving court records could possibly help out a little.
They talked about putting an article about the Society in the Hazelnut to let people know about
the Society, and perhaps giving a presentation at the Council. Pam said the Tukwila budget was
tight this year, but she would see if there was any additional money for the Society when the
budget was reviewed, as it seems a worthy project. Community Request.
Sign Code Amortization Extension The staff had brought this issue to committee last month,
and explained the dilemma of the court case requiring payment for enforcement of a sign
amortization program in Federal Way. Staff recommended delaying enforcement of Tukwila's
sign code amortization until the Federal Way court case appeal is decided. The Planning
Commission held a hearing on this, and no testimony was received. The committee
recommended the extension also. Recommend extension of moratorium to Council.
Public Parking Lots This is another big issue DCD has been working on. Moira had worked on
the definitions for park and ride facility and park and ride /pool facility. They worked for the
committee, which had struggled with those definitions at the last meeting. Recommend to
Council for approval.
Third Quarter Reports The committee felt they were up to date on all the goals set by their
departments, and they had no further questions. Information.
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2002 Budget Beginning with the Human Services budget, the committee talked about the
Tukwila Schools Collaboration Project (TSCS). Rhonda said this year the Tukwila staff had
hired and trained the rec staff for the recreation portion of the program, and then were
reimbursed for the staff we'd hired. TSCS has asked the City to do the entire rec portion
themselves without reimbursement, thinking it would cost $230,000. Staff had planned a bare
bones program they felt could work for half that cost. Bruce said if they had an $80,000 school
program and a $20,000 winter camp program, they would need to charge a minimal amount for
the winter camp of $50 per child. The committee asked if that was high, and staff responded that
is a quite low price for an all day program for a week. They also have scholarships for the low -
income kids. The TCSC program is done at the three elementary schools and the middle school,
and involves 60 kids. TCSC has asked each of the partners to contribute, including the schools.
In other human services, the King County Jobs Initiative which trains people for work, has been
cut by the County, and if it is to continue, will require $37,500 from Tukwila. This is currently
not budgeted, but it is a very valuable program. Evie explained the Human Services contracted
services is in its second year, and that she would be looking at the programs for their
effectiveness, and would recommend cuts if standards are not being met. She also noted that if
that resulted in any additional funds being available this year, she would like to put additional
funds in the safety net portion of the services.
The committee recommended that departments be more specific with their 2001 goals. In the
DCD budget the org chart is slightly different for 2002, and Steve L will try to put an updated
org chart into boxes on Friday, along with more specific goal reports. Budget Review
Completed; CIP remains
Committee chair approval
City of Tukwila
Department of Community Development Steve Lancaster, Director
Memorandum
To: Committee of the Whole
From: Steve Lancaster
Date: November 15, 2001
Subject: Sign Code Amortization Deadline Extension
L01 -059: Sign Code Amendment
Background
In August 2001, DCD briefed the City Council on pending litigation before the State
Appeals Court on a City of Federal Way case involving their sign amortization program.
Specifically the issue involves the State's Highway Advertising Control Act and
compensation for nonconforming signs on state highways. The Appeal Court's decision
could have implications on the cost and administration of Tukwila's sign amortization
program.
The City Council forwarded the issue to the Planning Commission for their consideration
and recommendation.
Discussion
The Planning Commission held a public hearing on October 25, 2001 at which there was
no testimony. Attached are the Staff Report to the Planning Commission and the Planning
Commission's meeting minutes from their public hearing. Upon deliberation, the
Planning Commission recommends a one year extension of the deadline.
Staff has prepared a draft ordinance incorporating the recommendation of the one year
extension for your review.
Recommendation
Review and/or modify draft ordinance and forward to next regular meeting for adoption.
Attachments: Draft Ordinance; Planning Commission 10/25/01 Meeting Minutes;
10/18/01 Staff Report to the Planning Commission
C: \mcb\signs \O 1 memo 1113.doc
Steven M. Mullet, Mayor
6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone: 206 -431 -3670 • Fax: 206 -431 -3665
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AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, AMENDING ORDINANCE NO. 1857 AND CHAPTER 19.30
OF THE TUKWILA MUNICIPAL CODE "SIGN CODE ", EXTENDING TIIE
AMORTIZATION PROGRAM DEADLINE BY ONE YEAR; PROVIDING
FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the City amended its Sign Code (TMC Title 19) by creating a staged compliance
sign amortization program, hereinafter referred to as the amortization program, by Ordinance No. 1857
in 1998; and
WHEREAS, the amortization program established a deadline of December 31, 2001 for
nonconforming signs to be brought into compliance with the City's sign standards; and
WHEREAS, in 2001, the City developed assistance programs to encourage and aid sign owners in
their compliance with the City's amortization program; and
WHEREAS, a case is pending before the State Appeals Court involving an amortization ordinance
and its application on signs located on highways of the State; and
WHEREAS, the decision of the State Court of Appeals would have a bearing on how Tukwila
administers its amortization program; and
WHEREAS, the City has recently developed and funded incentive programs to assist sign owners in
complying with the amortization ordinance; and
WHEREAS, extending the deadline for the amortization program will give Tukwila additional time
to administer its new programs associated with the amortization program;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Ordinance No. 1857, as codified at TMC 19.30.030, is amended to read as follows:
19.30.030 Removal — non - conforming on- premises signs.
A. All non- conforming signs that are on premises at the time of the adoption of the staged
compliance ordinance must be removed or brought into compliance with Tukwila's Sign Code standards
within the thr o- four -year base amortization period. The base amortization period begins on January 1,
1999 and expires on December 31, 2004- 2002. Businsses entering into a Voluntary Sign Reduction
Agreement ( "VSR ") will be allowed additional time beyond the base amortization period.
B. The VSR agreement is an agreement between a land owner and the City of Tukwila regarding
nonconforming on- premises signage. This agreement allows an extended time period of a specified
length to either remove this signage or bring it into compliance with Tukwila's Sign Code standards.
Section 2. Ordinance No. 1857, as codified at TMC 19.30.040, is amended to read as follows:
19.30.040 Voluntary sign reduction agreements.
Any non - conforming on- premises sign covered by a VSR agreement will be allowed an extended
compliance period beyond the tha o- four -year base amortization period. Applications are available
from the Department of Community Development and will be processed free of charge. The application
deadline will he established by staff. The approval and execution'ofall VSR's will occur no later than
June 30, 2000. The implementation deadline for all approved and executed VSR's is December 31, 2004-
2002.
A -Sign Code nmortiz 11 -01.doc
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Percent of Reduction Using Formula
Duration of Extended Compliance Period
Less than 30%
Not eligible for extended compliance period
At least 30% but not more than 45%
4,5 5.5 years (base amortization + 1.5 years)
At least 45% but not more than 60%
6 7 years (base amortization + 3 years)
At least 60% and higher
7,5 8.5 years (base amortization + 4.5 years)
Section 3. Ordinance No. 1857, as codified at TMC 19.30.050, is amended to read as follows:
19.30.050 Extended compliance periods under Voluntary Sign Reduction agreement.
The extended compliance period for non - conforming on- premises signs covered by a Voluntary Sign
Reduction agreement is determined using the percent of reduction formula. This formula reflects the
reduction in non- conforming signage on a premises (expressed as a percentage) as of December 31, 200-4-
2002. It is used on a per premises basis to determine the extended compliance period for non-
conforming on- premises signs. The reduction in the total square footage of all non- conforming signage
to be reduced is divided by the total square footage of all non- conforming signage. A 15% bonus is
added to the resulting percentage for each non - conforming freestanding sign (if any) that has been
removed or brought into compliance.
PERCENT OF REDUCTION EQUALS:
Total non - conforming square plus
footage reduced per the VSR
Agreement, divided by the
total non - conforming square
footage before reduction
The percent of reduction figure is then applied to a sliding scale that establishes the duration of
the extended compliance period, and shall be as follows:
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 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 or a summary thereof shall be published in the official
newspaper of the City, and shall take effect and be in full force and effect five (5) days after passage and
publication as provided by law.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASI- IINGTON, at a
Regular Meeting thereof this day of , 2001.
ATTEST/AUTHENTICATED:
Jane E. Cantu, CIVIC, City Clerk
APPROVED AS TO FORM:
• By
Office of the City Attorney
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.:
A - Sign Code amortiz 11 01.doc
A 15% bonus for each non- conforming
freestanding sign removed or made
conforming (if applicable) under the
terms of the VSR.
ESTABLISHING TIME EXTENDED COMPLIANCE PERIOD
Steven M. Mullet, Mayor
Community and Parks Committee
Wednesday, November 14, 2001
5:00 p.m.
Pam Linder, Chairman
Joe Dude
Richard Simpson
Agenda
Agenda items
Action
1. Tukwila Historical Society Request
•
2. Sign Code Amortization
3. Public Parking Garages
.ti- . •
4. 2002 Budget Review .
.
5... Third Quarter Report
•
Administration is recommending some funding. Tl•
Society has been notified of this meeting.
Consider amortization extension of one year.
Staff has responded to your comments the last
meeting If their response meets your approval,
recommend issue to Council.
Review most of the committee's budgets this
meeting.:
Ask any questions brought up in "the report.
•
•
The City of Tukwila strives to accommodate persons with disabilities. Please call. Lucy Lauterbach at 433 -1834 if yi
• . need special accommodations.
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DRAFT ORDINANCE
AN ORDINANCE OF TIIE CITY COUNCIL OF TIIE CITY
OF TUKWILA, WASHINGTON, AMENDING TUKWILA
MUNICIPAL CODE, SIGN CODE CHAPTER 19.30
EXTENDING TIIE AMORTIZATION PROGRAM
DEADLINE BY ONE YEAR; PROVIDING FOR
SEVERABILITY; AND ESTABLISHING AN EFFECTIVE
DATE.
WHEREAS, the City amended its Sign Code (TMC 19) by creating a staged compliance sign
amortization program, hereinafter referred to as the amortization program, by Ordinance 1857 in 1998;
and
WHEREAS, the amortization program established a deadline of December 31, 2001 for
nonconforming signs to be brought into compliance with the City's sign standards; and
WHEREAS, in 2001, the City developed assistance programs to encourage and aid sign owners in
their compliance with the City's amortization program; and
WHEREAS, a case is pending before the State Appeals Court involving an amortization ordinance
and it's application on signs located on highways of the State; and
WHEREAS, the ,decision of the State Court of Appeals would have a bearing on how Tukwila
administers its amortization program; and
WHEREAS, extending the deadline for the amoritzation program will give Tukwila additional time
• to administer its new programs associated with the amortization program.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Ordinance 1857 as codified in TMC 19. 30.030 is amended to read as follows:
19.30.030 Removal — nonconforming on premises signs.
A. All nonconforming signs that are on premises at the time of the adoption of the staged
compliance ordinance must be removed or brought into compliance with Tukwila's sign code
standards within the three four year base amortization period. The base amortization period
begins on January 1, 1999 and expires December 31, 2004—December 31, 2002. Businsses
entering into a Voluntary Sign Reduction Agreement ( "VSR ") will be allowed additional,
time beyond the base amortization period.
B. The VSR agreeent is an agreement between a land owner and the City of Tukwila regarding
nonconforming on- premises signage. This agreement allows an extended time period of a
specified length to either remove this signage or bring it into compliance with Tukwila's sign
code standards.
'Percent .Of Reduction:Using Formula
Duration of Extended Compliance
Period
Less than 30%
Not eligible for extended
compliance period
At least 30% but not more than 45%
4 5.5 years (base amortization
+ 1.5 years)
At least 45% but not more than 60%
6- 7 years (base amortization
+ 3 years)
At least 60% and higher
7.5 8.5 years (base amortization
+ 4.5 years)
Section 2. Ordinance 1857 as codified in TMC 19.30.040 is amended to read as follows:
19.30.040 Voluntary sign reduction agreements.
Any nonconforming on premises sign covered by a VSR agreement will be allowed an extended
compliance period beyond the three four -year base amortization period. Applications are
available from the Department of Community Development and will be processed free of charge.
The application deadline will be established by staff. The approval and execution of all VSR's
will occur no later than June 30, 2000. The implementation deadline for all approved and
executed VSR's is December 31, 2001 December 31, 2002.
Section 3. Ordinance 1857 as codified in TMC 19.30.050 is amended to read as follows:
19.30.050 Extended compliance periods under Voluntary Sign Reduction agreement.
The extended compliance period for nonconforming on- premises signs covered by a Voluntary
Sign Reduction agreement is determined using the percent of reduction formula. This formula
reflects the reduction in non - conforming signage on a premises (expressed as a percentage) as of
December 31, 2001 December 31, 2002. It is used on a per premises basis to determine the
extended compliance period for non- conforming on premises signs. The reduction in the total
square footage of all non - conforming signage to be reduced is divided by the total square footage
of all non- conforming signage. A 15% bonus is added to the resulting percentage for each non-
conforming freestanding sign (if any) that has been removed or brought into compliance.
Total non - conforming plus
square footage reduced per
the VSR Agreement,
divided by the total non-
conforming square footage
before reduction
The percent of reduction figure is then applied to a sliding scale that establishes the duration of
the extended compliance period, and shall be as follows:
ESTABLISHING TI -IE EXTENDED COMPLIANCE PERIOD
(Ord. 1857 §6(part), 1998)
PERCENT OF REDUCTION EQUALS:
A 15% bonus for each non- conforming
freestanding sign removed or made
conforming (if applicable) under the
terms of the VSR.
ATTEST /AUTHENTICATED:
Section 4. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this
ordinance or its application to any person or circumstance, be declared unconstitutional or otherwise
invalid for any reason, or should any portion of this ordinance be pre - empted by state or federal law or
regulation, such decision or pre - emption shall not affect the validity or constitutionality of the remaining
portions of this ordinance or its application to any other persons or circumstances.
Section 5. Effective Date. This ordinance or a summary thereof shall be published in the official
newspaper of the City and shall take effect and be in full force and effect on , 2001.
PASSED BY TIIE CITY COUNCIL OF TIIE CITY OF TUKWILA, WASHINGTON, at a
Regular Meeting thereof this clay of , 2000.
Jane E. Cantu, CMC, City Clerk
APPROVED AS TO FORM:
By
Office of the City Attorney
FILED WITH THE CITY CLERK:
PASSED BY TIIE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.:
C: \mcb \signs \extend ord.doc
Steven M. Mullet, Mayor
City of Tukwila
Department of Community Development Steve Lancaster, Director
Community Affairs and Parks
To:
From:
Date:
Subject: Sign Code Amortization Deadline Extension
L01 -059: Sign Code Amendment
Steve Lanc
November 5, 2001
Memorandum
Background
In August 2001, DCD briefed the City Council on pending litigation before the State
Appeals Court on a City of Federal Way case involving their sign amortization program.
Specifically the issue involves the State's Highway Advertising Control Act and
compensation for nonconforming signs on state highways. The Appeal Court's decision
could have implications on the cost and administration of Tukwila's sign amortization
program.
After discussion with the City Council, staff prepared a report and scheduled a hearing
for the Planning Commission on a nine month extension of the Sign Code amortization
deadline - from December 31, 2001 to August 31, 2001.
Discussion
Attached are the Staff Report to the Planning Commission and the Planning
Commission's meeting minutes from their public hearing. There was no testimony given
at the public hearing and after deliberation, the Planning Commission recommends a one
year extension of the deadline.
Staff has prepared a draft ordinance incorporating the recommendation of the one year
extension for your review and approval.
Recommendation
Forward issue to the COW for review then forward to a regular meeting for a hearing
and/or ordinance adoption.
Attachments: Draft Ordinance; Planning Commission 10 /25/01 Meeting Minutes;
10/18/01 Staff Report to the Planning Commission
C: \mcb\si gns \O l memo 1113.doc
6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone: 206 -431 -3670 • Fax: 206 - 431 -3665
Steven M. Mullet, Mayor
City of f Tukwila
THURSDAY, October 25, 2001
PUBLIC HEARING - 7:00 PM
I. CALL TO ORDER
II. ATTENDANCE
VII. ADJOURN
Department of Community Development
Steven M. Mullet, Mayor
Steve Lancaster, Director
CHAIRMAN, VERN MERYHEW, VICE CHAIRMAN, DAVID LIVERMORE,
COMMISSIONERS, BILL ARTHUR, GEORGE MALIN.A, HENRY MARVIN, AND
KIRSTNE WHISLER
PLANNING COMMISSION
PUBLIC HEARING
AGENDA
Tukwila City Hall Council Chambers
III. ADOPTION OF MINUTES — September 27, 2001
IV. CASE NUMBER: LO1 -054 UUA V p pY4 4
APPLICANNT: Bob Fadden, agent for Group Health Cooperative
REQUEST: To change the use of one floor of an existing building from research and
development to administrative office
LOCATION: 12501 East Marginal Way South, Tukwila, W WA
;
V. CASE NUMBER: LO1 -059 = ,d,► t' � ilb( ►�M y .
APPLICANT: C ity of Tukwila
REQUEST: Extend the Sign Code Amortization deadline (19.30.030 TMC) by nine
months from December 31, 2001
LOCATION: Citywide
VI. DIRECTOR'S REPORT
• Next Public Hearing meeting scheduled November 3` (Holiday Schedule)
6300 Souchcenter Boulevaul. Suite #100 •Tukwila. Washington 98188 • Phone: 20o -- 131.30:0 Fax: 20o -431 -3605
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The Public Hearing was called to order by Vern Meryhew at 7:00 p.m.
Attendance:
Present: Chair, Vern Meryhew, Commissioners: Kirstine W Margaret Bratcher and George Malina.
Excused Absence: Vice Chair, David Livermore, Bill Arthur, and Henry Marvin
Representing City Staff: Jack Pace, Moira Bradshaw, and Wynetta Bivens.
GEORGE MAUNA MADE A MOTION TO ADOPT THE PUBLIC HEARING MINUTES FROM SEPTEMBER
27, 2001. KIRSTI�i E WHISLER SECONDED THE MOTION; THE MOTION WAS LTNANLMOUSLY
APPROVED.
Vern Meryhew swore in those wishing to provide testimony.
CASE NUMBER:
APPLICANT:
REQUEST:
LOCATION:
PLANNING COMMISSION
PUBLIC HEARING
MINUTES
OCTOBER 25, 2001
LO1 -054
Bob Fadden. agent for Group Health Cooperative
To change the use of one floor of an existing building from research and development
to administrative offices.
12501 East Marginal Way South, Tukwila. WA
Jack Pace gave the presentation for staff. Staff recommended approval of the Conditional Use Permit.
Bob Fadden. for the applicant, stated they worked with the design commission and staff to develop the original Research
and Development project. He stated for the current project the applicant hired a traffic engineer to review the impacts to the
City, the report filed stated the project will have no impacts.
Troy Wallin, a citizen south of Group Health expressed his concerns on the traffic impact from people cutting through the
neighborhood. He obtained a radar gun from the police department to get a feel for what is going on in his neighborhood,
because he is concerned with the speed on his street. His greatest concern is that Group Health has disrupted the
neighborhood to a great extent, therefore, he discourages approval of the project based on car density.
Gina Vale, another citizen in the same vicinity, expressed her concern regarding impact resulting from the lack of control
on cars travelling in the neighborhood. She stated the neighborhood is used as a main route, and it was expressed as a
concern initially when Group Health started the project for the Research Center. She also stated she wants to keep the
neighborhood safe.
Bob Bernhardt, also a citizen in the neighborhood expressed his concerns with the project, and asked the following
questions:
• Exactly how many people are going to be in the buildings?
• What the difference is between research and development buildings and administrative office buildings?
• Where do the 1 million - dollar road improvements besides 135 and 126 come in at?
Some of the issues he raised actually need to be addressed by the Public Works Department.
Rebuttal:
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Planning Commission
Page 2
Jack Pace asked for clarification from the citizens regarding their main issues of concern, which are not related to the
Conditional Use Permit but with the concern of where Public Works is with the outstanding. road improvements. He also
explained. whether the project is an office use or research and development center that outstanding mitigation's still need to
be addressed. V Z
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Bob Fadden stated although many of the traffic improvements have not been done, the money has been given to the City to w
do the improvements and the schedule is decided by Public Works. The city traffic engineers anticipated some problems in 6 =
the neighborhood with possible cut through traffic, speed control and other issues. Therefore, the City required Group U O
Health to place a reserve account at the City to deal with such problems, which are being managed by the engineering to 0
department. He stated there are currently 350 employees in the first building and they anticipate 350 people in each to H
building.
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Vern Meryhew asked Jack to check with Brian Shelton to get status of where Public Works is on improvements. 2
J
Jack Pace stated he would have Brian call the citizens who spoke at the Public Hearing, to discuss issues of concern.
d
Kirstine Whisler stated: z H
• Concerned citizens need to know there is a reserve account and how much money is in it. .. p
• What the timeframes are so they can work with someone. Z f'
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• Know there are some resources available to them.
• Instead of just calling Brian she would like a letter to be sent to the citizens stating what the options are, and also inform CD
the Planning Commission, as well. p H
• The citizens should not have to figure out who the right people are to call on: the City should figure it out and make to w
referrals for the citizens. t-
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Gina Vale stated there is a difference from what the citizens were told the original density would be. She questioned what LLl c
time of day the traffic study was done, she does not agree with the results. U
Troy Wallen thanked Commission Whisler for her comments and expressed how helpful it is when he gets mail relating to Z
the projects.
There were no further comments.
The Commission deliberated.
George Malina stated until traffic mitigation money is moving on the project that he would encourage the applicant to
stagger the work shifts to reduce the impact to the neighborhood. He also stated the city might need to impose more
visibility from the police department in the area.
Kirstine Whisler stated she hopes there is a plan to make sure that the money provided by Group Health is used to protect
the neighborhood as it was anticipated.
Jack Pace stated he would ask the City engineer to write a letter to the citizens concerning outstanding road improvement:
he will also have a copy of the letter forwarded to the Commission.
Vern Meryhew affirmed that Public Works would get in touch with the citizens and try to alleviate their concerns.
Q: \PLANCOM \MINUTES\ 10- 25- 01- tinal.doc
Planning Commission
Page 3
KIRSTINE WHISLER MADE A MOTION TO APPROVE THE CONDITIONAL USE PERMIT FOR CASE
NUMBER LO1 -054, WITH STAFF'S FINDINGS, CONCLUSIONS, AND RECOMMENDATIONS. GEORGE
MALINA SECONDED THE MOTION AND THE PLANNING COMMISSION UNANIMOUSLY APPROVED THE
MOTION.
CASE NUMBER: L01 -059 (Sign Code Amendment)
APPLICANT: City of Tukwila
REQUEST: Extend the Sign Code Amortization deadline (19.30.030 TMC) by nine months from
December 31, 2001
LOCATION: Citywide
Moira Bradshaw gave the presentation for the proposal to amend the Sign Code to extend the existing Amortization
deadline; the current deadline for Code is December 31, 2001. She gave a background report, explained why the amendment
was necessary, and also gave information on the Federal Way case. Staff is recommending a nine -month extension for the
entire program, which would cover the entire city, and would take it to September 2002. The benefit of pursuing this option
is that the City Council has approved some programs that will make it more attracted for property and business owners
hopefully to bring their signs into conformance. This case went before City Council and they forwarded it to the Planning
Commission with a recommendation to consider option 3.
Vern Meryhew stated if some people are being compensated for extensions that it doesn't seem fair for the City not to
compensate those people who have already complied.
There were no further comments.
Public Hearing closed by Chair Meryhew.
The Commission deliberated.
VerniMeryhew suggested extending the program for one year instead of nine - month, choosing option 3. He also mentioned
he had discussed the issue with Commission Arthur and he had the same consensus.
Kirstine Whisler stated people need to be educated to do what's right and that it should not be necessary to pay people to do
what's right.
KIRSTINE WHISLER MADE A MOTION TO APPROVE THE SIGN CODE AMENDMENT FOR CASE
NUMBER L01 -059, WITH STAFF'S FINDINGS, CONCLUSIONS, AND RECOMMENDATIONS. WITH ONE
MODIFICATION TO: THE STAFF REPORT, UNDER CONCLUSIONS, PAGE 5, ITEM #2, S/B (And the
proposed action would extend the compensation period by 12 months for all nonconforming sign owners to 4 years).
MARGARET BRATCHER SECONDED THE MOTION AND THE PLANNING CON EMISSION UNANIMOUSLY
APPROVED THE MOTION.
Adjourned at 8:25
Respectfully Submitted
Wynetta Bivens
Administrative Secretary
Q: \PLANCOM \MINUTES\ 10-25-0 I - tinal.doc
Staff Report to the Planning Commission L01 -059 Sign Code Amortization Deadline Extension
Background
The City amended its Sign Code in 1998, establishing an amortization period for nonconforming
on- premise signs and creating a voluntary sign reduction (VSR) agreement process. With a
deadline of December 31, 2001, the program has a three year amortization period and an
extended compliance period for property own °r: who agreed to VSR.
In February 2001, the Superior Court of King County reversed a decision of Federal Way's
Hearing Examiner and said that because of the City's sign amortization program, the City is
required to comply with compensation provisions of the Highway Advertising Control Act,
47.42, RCW. The Federal Way Hearing Examiner had upheld Notices of Violation sent to two
sign owners with businesses on State Route 99 telling them they were in violation of the Federal
Way Sign Code and ordered the property owners to remove their nonconforming signs.
The City of Federal Way has appealed the Superior Court decision to the Appeals Court'
although all nonconforming signs except for those of these two sign owners will be or are now in
compliance with the City code. The decision of the court on this matter has greater implications
for the Cities of Tukwila and SeaTac and other cities with sign amortization program and state
highways within their jurisdiction, whose amortization deadlines are yet to come. A decision by
the Court of Appeals may not come before spring, 2002.
Federal Way's position continues to be that an amortization period is adequate compensation.
However, this case creates uncertainty, potentially significant, for Tukwila's Sign Amortization
Program. There are two sections of state highways within the City of Tukwila - Tukwila
International B1 from SR 599 to S. 160 St. and West Valley HY from SR 405 to the southern city
limits, south of S. 180 St.
Issues
Findings
The City Council considered four options (Attachment A) in light of this recent judicial ruling on
sign amortization on state highways. An alternative that was discussed but not considered as a
viable option is maintaining an not enforcing the existing deadline. Even if the City did not send
out Notices of Violation, sign and/or property owners along Tukwila International BL could take
the City to court immediately in January 2002 seeking a declaratory judgment. That is seeking
monetary compensation per the Highway Advertising Control Act, before the Court of Appeals
addresses the Federal Way case.
The costs of implementing Option 1, a monetary compensation program, are extremely
speculative and therefore it would not appear to be a fiscally rational option.
The goal of Option 2 would be to reduce the legal and administrative costs of monetary
amortization by substituting a Tukwila monetary compensation process for the state's
L Harry Horan & David Rhodes v. City of Federal Way, King County Superior Court No. 00 -2- 262949 Kent,
Court of Appeals, Division I No. 48432 -0 -I (filed in May 2001)
Page 2 of 5
`. tY4: 1%.4.LaM4:4J41.4...L5rt'�'i
Staff Report to the Planning Commission L01 -059 Sign Code Amortization Deadline Extension
compensation process. Again the costs of implementing this program would be speculative but
the goal would be to make the City's appeal process more attractive than the State's.
Option 3, extending the deadline to some date when the City hopes for issues to be resolved either
judicially or jurisdictionally, means delaying the removal of nonconforming signs throughout the z
City. (Nonconforming signs in the Manufacturing Industrial Center are exempt from the Sign z t-:
Amortization Program and are brought into compliance when there is a change in tenancy at the re m
site.) Because the City has chosen to proceed with an incentives based Sign Amortization Program, D
administratively it will be simpler to have one deadline. The City plans on offering a Grant v o
program, Design services, and a Code/Permitting workshop. There could be two separate time co w
frames for the Program offerings but it would be simpler to offer them once and to have one
deadline. N o
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Administratively, enforcement of the amortization deadline is likely to proceed geographically. g n
With Option 4, there is some logic to creating two different deadlines. Approximately half the u.
nonconforming signs are on Tukwila International BL. The disadvantage is that in marketing the = W
program to the business community the City will be explaining that there are two different z
periods and it may cause some confusion as to which deadline businesses must meet. However, I- 0
half of the City's nonconforming signs would be brought into conformance by the existing w w
deadline. w
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City Council Review oo I-
The City Council reviewed the above material and requests the Planning Commission consider = v
recommending that the amortization deadline be extended — option 3. Attached are the minutes o
from their meeting when this issue was discussed. (Attachment B) z
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Proposed Changes o
1. Amend the Sign Code, Staged Compliance Sign Amortization Program Chapter (Ti IC z
13.30,) Removal — nonconforming on premises signs" section (19.30.030 TMC.)
Amend the section to read as follows:
19.30.030 Removal — nonconforming onpremises signs.
A. All nonconforming signs which that are on premises at the time of the adoption of the
staged compliance ordinance must be removed or brought into compliance with
'Iukwil sign code standards within the three year nine month base amortization
period. The base amortization period begins on January 1, 1999 and expires on
Deccmbcr 31, 200 lAuv.ust 3 i. 2002. Businsses entering into a Voluntary Sign
Reduction Agreement ( "VSR ") will be allowed additional time beyond the base
amortization period.
B. The VSR agreeent is an agreement between a land owner and the City of Tukwila
regarding nonconforming on- premises signage. This agreement allows an extended
time period of a specified length to either remove this signage or bring it into
compliance with Tukwila's sign code standards.
Page 3 of 5
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Staff Report to the Planning Commission LO1 -059 Sign Code Amortization Deadline Extension
2. Amend the Sign Code, Staged Compliance Sign Amortization Program Chapter (TMC
18.30,) Voluntary sign reduction agreements (TIM 19.30.040.)
Amend the section to read as follows:
19.30.040 Voluntary sign reduction agreements.
Any nonconforming on premises sign covered by a VSR agreement will be allowed an
extended compliance period beyond the three -year nine month base amortization period.
Applications are available from the Department of Community Development and will be
processed free of charge. The application deadline will be established by staff. The
approval and execution of all VSR" will occur no later than June 30, 2000. The
implementation deadline for all approved and executed VSR's is Doccrnber 311, 2001
August 3 i . 2002.
3. Amend the Sign Code, Staged Compliance Sign Amortization Program Chapter (TMC
18.30,) Extended compliance periods under Voluntary Sign Reduction
agreement. (TMC 19.30.050)
Amend the section to read as follows:
19.30.050 Extended compliance periods under Voluntary Sign Reduction
agreement.
The extended compliance period for nonconforming on- premises signs covered by a
Voluntary Sign Reduction agreement is determined using the percent of reduction
formula. This formula reflects the reduction in non - conforming signage on a premises
(expressed as a percentage) as of Dzocmbzr. 31, 2001 August 31, 2002. It is used on a per
premises basis to determine the extended compliance period for non - conforming on
premises signs. The reduction in the total square footage of all non - conforming signage to
be reduced is divided by the total square footage of all non- conforming signage. A 15%
bonus is added to the resulting percentage for each non - conforming freestanding sign (if
any) which has been removed or brought into compliance.
Total non - conforming square plus
footage reduced per the VSR
Agreement, divided by the
total non - conforming square
footage before reduction
PERCENT OF REDUCTION EQUALS:
Page 4 of 5
A 15% bonus for each non - conforming
freestanding sign removed or made
conforming (if applicable) under the terms
of the VSR The percent of reduction figure
is then applied to a sliding scale, which
establishes the duration of the extended
compliance period, as follows.
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Percent of Reduction Using Formula
Duration of Extended Compliance Period
Less than 30%
Not eligible for extended
compliance period
At least 30% but not more than 45%
4.5 years (base amortization
•1.5 years) •
At least 45% but not more than 60%
6 years (base amortization
3 years)
At least 60% and higher
7.5 years (base amortization
4.5 years)
Staff Report to the Planning Commission
Recommendation
Recommend the proposed changes to the City Council.
C: \mcb\signs \STAFF rpt.doc
Page 5 of 5
L01 -059 Sign Code Amortization Deadline Extension
ESTABLISHING THE EXTENDED COMPLIANCE PERIOD
(Ord. 1857 5S'6(part), 1998)
Conclusion
Judicial case law supports the use of amortization periods for the removal of nonconforming
signs.
The City's opinion is that a three year amortization period is adequate compensation for
removal of nonconforming signs. And the proposed action would extend the compensation
period by nine months for all nonconforming sign owners to three years and nine months.
3. An extended compliance period of 4.5, 6 and 7.5 years was established for property /sign
owners who wished to avail themselves of a longer compensation period.
4. In fact the amortization period has been longer because the majority of nonconforming signs
are the result of annexations that occurred on or before September 1990 or before 1982 when
the current Sign Code standards were adopted.
The proposed extension of the initial deadline is a fiscally prudent measure to allow the
Washington State Appeals Court to decide on a case with similar findings as exist here in
Tukwila.
f
Sign Amortization Options
Attachment A
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Assume monetary compensation
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procedures of State Highway
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The City of Tukwila is not bound by the Superior Court's decision in
the Federal Way Case; however, the decision of. the Appellate Court
would be a ruling on the law. 1
.. '
Cost: .
An accurate assessment of the costs associated with monetarily
compensating properly and sign owners is not possible for the
following reasons:
,Until we negotiate with sign owners we will not know which signs
are legally erected and therefore qualify.
The Highway Advertising Control Act says that property owners in
addition to sign owners must be compensated. It is unclear how to
calculate monetary compensate for property owners.
In addition to monetary compensation to sign owners and property
owners, there will be costs for certified appraisals and potential legal
fees if a sign owner wishes to have the amount determined through
judicial proceedings.
I.
Maintain existing ,
amortization deadline;
•
2.
Amend the sign code to
adopt an optional monetary
compensation process that is
administrative.
Optional compensation process
would he more attractive to sign
owners and be less expensive to
City than following 47.42.107
RCW and /or potentially going to
court
Cost: •
This option is meant to eliminate the need to follow the procedures of
• 47.42, RCW. But money Would still be used to compensate
sign /property owners. The goal of this option is, to minimize legal
and administrative fees by devising a simpler process.
Estimating a budget amount would still be speculative.
f
Sign Amortization Options
Attachment A
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3.
Bxfend amortization deadline
■ a) To some date that
assures an appellate
decision on the Federal
Way appeal.
Federal Way will prevail and
compensation other than
amortization will not be
required;
h is difficult to estimate the conclusion of the Federal Way case but
we anticipate that it will be more than a year.
City may need to extend more than Once. • •
•.
b) To some date when we
think WA slate will have
turned over the highway
• to City and TI13 is no
longer a primary state
highway.
Redesignating primary state
highway to a local arterial would
preclude application of 47.412
RCW
There are numerous implications beyond sign amortization for
assuming jurisdiction over the 131. •
Costs: .
Street structure & overlay responsibility
Channehzallon le. Pavement markings . .
Signage
Signal installation and maintenance responsibility..
Benefits: .
Greater control over street design and improvements
4.
•Pxtentl amortization deadline
for just Tukwila International
13L
Approximately half the nonconforming signs a e along T.
Creates a geographic enlbrcement process, which is logical and
,manageable.
Will create a more complicated marketing program and potential
confusion among sign owners.
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Minutes, 8 /27/01
OFFICIALS:
T UKWILA CITY COUNCIL
August 27, 2001 7:00 p.m.
Tukwila City Hall - Council Chambers
'Page 1 of 3
CONI1\IITTEE OF THE WHOLE z
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Council President Joan Hernandez called the meeting to order at 7:04 p.rn. and led the flag. salute. U
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SPECIAL ISSUES: . Z
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a. A resolution reiectinQ all bids for the u•arade to Lift Station T7 O I"
• CALL TO OI DER/PLEDGE OF . ,LEGI_ NCE:. •
Mayor Steven M. Mullet; City Administrator John McFarland; Council An iyst Lucy Lauterbach;
Steve Lancaster, Community Development Director; Jim. Morrow, Public Works Director; Bruce
Fletcher, Parks & Recreation Director; Nora Gierloff, Associate Planner; Moira Bradshaw, Associate
Planner; Jane Cantu, City Clerk; Barbara Saxton, Acting Deputy Clerk.
COUNCIL ATTENDANCE:
Present: Council President Joan Hernandez and Councilrr embers Joe Duf;7e, Pam Carter, Jim
Haggerton, Pamela Linder, David Fenton, and Richard Simpson.
Jim Morrow, Public Works Director, explained that 536,000 had. been budgeted for improvements to
Lift Station #7. Five bids were received and all came in well above the City's estirnate for the project.
Morrow plans to talk with previous bidders and find out if the specs were clearly advertised, then put
the project back out for bid.
Council consensus to forward the resolution rejecting all bids for the up to Lift Station 7 to the
9/4/01 Regular Meeting.
b. Arts Commission proposal at Sounder train station.
Bruce Fletcher, Parks & Recreation Director gave a brief update on the wildlife scene project for the
Sounder train station. Fletcher distributed information about the artist to Council'. It is anticipated the
project could begin in October 2001 and be completed within six months. The city engineer will
work with the artist to assure compliance with city ordinances. Project funding is through the
hotel/motel tax. It was suggested the
Longacres theme be considered at the station rather than the "Birds in Silhouette Against the Sky ".
Fletcher suggested plaques about the history of Longacres and the Backyard Wildlife Habitat be
added at the train station.
Attachment B
a r e r L':.z i[ r yh sia Yew ..t 4 ? ;e'isSip41td k 4. . rk$ r ,Na », ».....� sr
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Minutes, 8/27/01 1. Page 2 of 3
Council consensus was to send this issue back to the Lodging Tax Advisory Board for a presentation
to the full LTA Board
c. Proposed Zoning Code Amendments
Steve Lancaster, DCD Director, introduced this item and explained that Item A, changing a
floor area ratio to lot coverage.srandard in LDR, was developed in conjunction with the ordinance •
regulating group homes. Lancaster requested council's guidance as to whether this item be included
in the Zoning Code Amendment. Council consensus was to include Item A in the ordinance. The
amendments have been before the Community Affairs and Parks Committee and the Planning
Commission. A Planning Commission public hearing was held on June 28 A listing of the
amendments follows:
A. Change the Floor Area Ratio !imitation of LDR to a lot coverage Standard;
B. Eliminate increased setbacks for the secondstory of structures in LDR;
C. Prohibit the use of cargo containers as storage sheds. in residential zones;
D. Add additional detail to landscape plan requirements;
• E. Revise the Zoning Code definition of building height to match the Washington State Building
Code;
• F. Revise the Zoning Code definition of story to match the Washington State Building Code;
.G. Delete High Tech as a Use Category;
H. Correct Figure 18 -4 Location and Measurement of Yards on Lots;
I. Add Pawnbrokers as allowed or conditional uses in specified Zones;
J. Add a definition for Pawnbrokers; .
K. Add Internet Data Centers as allowed or conditional uses in specified Zones;
L. Add a parking standard for Internet Data Centers;
M. Add a definition for Internet Data Centers
N. Amend the Subdivision Standard for Turnarounds
O. Remove the fee for Street Vacations from the Zoning Code;
P. Change the Zoning Code to allow structures over the right -of -way.
Following discussion on each proposal, Council concurred with the majority of the amendments,
however, for items.Ittems C & N, the majority of counciLmembers preferred to wait and hear the
public comments on this item at the September 4 public hearing before making their final decision.
d. Contract for services with ECONorthwest for the Tukwila Urban Center
sub -area planning project.
DCD Director Steve Lancaster explained the contract would update the City's Urban Center Plan.
The 2001 budget is sufficient to cover the Phase I market analysis contract; TIB fluids, if the city
receives the allocation, will fund the 2002, Phase II portion of the project. In response to a question
by council, Lancaster stated that if all phases of this project are completed, it will meet the goal of a
true Urban Center.
Council consensus to move this item to the Consent Agenda of the September 4 Regular Meeting.
e. Sign Code Amortization Program
•
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HEARING DATE:
NOTIFICATION:
FILE NUMBER:
APPLICANT:
REQUESTS:
ASSOCIATED PERMITS:
LOCATION:
SEPA DETERMINATION:
RECOMMENDATION:
STAFF:
ATTACHMENTS:
City of Tukwila
Department of Community Development Steve Lancaster, Director
Staff Report to
Tukwila Planning Commission
Prepared October 18, 2001
October 25, 2001
Seattle Times Notice of Public Hearing on October 12, 2001.
L01 -059
City of Tukwila
Extend the Sign Code amortization deadline (19.30.030 TMC) by
nine months.
Addendum to SEPA Determination — File E98 -0018
All properties with nonconforming on premise signs other than
those in the Manufacturing Industrial Center.
Determination of Nonsignificance
Hold a public hearing and recommend the extension of the
amortization deadline by nine months to the City Council.
Moira Carr Bradshaw
A. Sign Code Amortization Options
B. City Council Committee of the Whole Meeting Minutes
(8/27/01)
Steven M. Mullet, Mayor
6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone: 206 -431 -3670 • Fax: 206 -431 -3665
Sign Amortization Options
Page 1 of 2
Attachment A
O ) tions . ,
1 :�� °,!;i
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� .Ass►implio�is • �. ; ;.,f ,�:��.- ..
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�Con)nients;•., � �` • . ..
1.
Maintain existing
amortization deadline;
.
Assume monetary compensation
is required and follow
procedures of State Highway
Advertising Control Act (47.42
RCW)
The City of Tukwila is not bound by the Superior Court's decision in
the Federal Way Case; however, the decision of the Appellate Court
would be a ruling on the law.
..
Cost: .
An accurate assessment of the costs associated with monetarily
compensating property and sign owners is not possible for the
following reasons:
Until we negotiate with sign owners we will not know which signs
are legally erected and therefore qualify.
The I Advertising Control Act says that property owners in
addition to sign owners must be compensated. It is unclear how to
calculate monetary compensate for property owners.
In addition to monetary compensation to sign owners and property
owners, there will be costs for certified appraisals and potential legal
fees if a sign owner wishes to have the amount determined through
judicial proceedings.
Cost:
2.
Amend the sign code to
adopt an optional monetary
compensation process that is
administrative.
Optional compensation process
would be more attractive to sign
owners and be less expensive to
City than following 47.42.107
RCW and /or potentially going to
court
This option is meant to eliminate the need to follow the procedures of
47.42, RCW. But money would still be used to compensate
sign /property owners. The goal of this option is to minimize legal
and administrative fees by devising a simpler process.
Estimating a budget amount would still be speculative.
Sign Amortization Options
Page 1 of 2
Attachment A
C: \mcb\signsWmortization Options Rcvised.doc
Page 2 of 2
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3.
Extend amortization deadline
• a) To some date that
assures an appellate
decision on the Federal
Way appeal.
Federal Way will prevail and
compensation other than
amortization will not be
required;
It is difficult to estimate the conclusion of the Federal Way case but
we anticipate that it will be more than a year.
City may need to extend more than once.
..
• b) To some date when we
think WA state will have
turned over the highway
to City and TIB is no
longer a primary state
highway.
Redesignating primary state
highway to a local arterial would
preclude application of 47.42
RCW
There are numerous implications beyond sign amortization for
assuming jurisdiction over the Bl.
Costs:
Street structure & overlay responsibility
Channelization ie. Pavement markings . •
Signage
Signal installation and maintenance responsibility.
Benefits: .
Greater control over street design and improvements
4.
Extend amortization deadline
for just Tukwila International
BL
Approximately half the nonconforming signs are along TIB.
Creates a geographic enforcement process, which is logical and
manageable.
Will create a more complicated marketing program and potential
confusion among sign owners.
C: \mcb\signsWmortization Options Rcvised.doc
Page 2 of 2
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Moira Bradshaw - Re: Planning Commis -;on Public Notice Page 11
From: Wynetta Bivens
To: Moira Bradshaw
Date: 10/9/01 2:50PM
Subject: Re: Planning Commission Public Notice
Thank you!
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»> Moira Bradshaw 10/09/01 02:09PM »> ce
Hi wynetta
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PLANNING COMMISSION PUBLIC HEARING O
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CASE NUMBER: L01 -059
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APPLICANT: City of Tukwila co
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REQUEST: Extend the Sign Code amortization deadline (19.30.030 TMC) by nine months
from December 31, 2001. Z
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REQUEST: Create a test program for a waiver process from Zoning Code standards, such as Cu
height, recreation space, landscaping, etc., for three eligible projects. i
O F
LOCATION: Citywide
CASE NUMBER: L01 -055
APPLICANT: City of Tukwila
LOCATION: Tukwila International Boulevard Urban Renewal Area
»> Wynetta Bivens 10/09/01 11:54AM »>
Please save the form below to a file, fill in your item for the Planning Commission public notice, and send it
back to me in an e-mail attachment.
I need this info by, 11:00, on Wednesday (10/11).
Thanks!
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Minutes, 8/27/01 • Page 1 of 3
TUKWILA CITY COUNCIL
August 27, 2001 7:00 p.m.
Tukwila City Hall - Council Chambers
COMMITTEE OF THE WHOLE
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CALL TO ORDER/PLEDGE OF ALLEGIANCE: +-- z
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Council President Joan Hernandez called the meeting to order at 7:04 p.m. and led the flag salute. v 0
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OFFICIALS: w i
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Mayor Steven M. Mullet; City Administrator John McFarland; Council Analyst Lucy Lauterbach; w 0
Steve Lancaster, Community Development Director; Jim Morrow, Public Works Director; Bruce
Fletcher, Parks & Recreation Director; Nora Gierloff, Associate Planner; Moira Bradshaw, Associate u.
Planner; Jane Cantu, City Clerk; Barbara Saxton, Acting Deputy Clerk. w a
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COUNCIL ATTENDANCE: z I-
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Present: Council President Joan Hernandez and Councilmembers Joe Duffle, Pam Carter, Jim 2 0
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a. A resolution rejecting all bids for the upgrade to Lift Station #7 F. I
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Jim Morrow, Public Works Director, explained that S86,000 had been budgeted for improvements to
Lift Station #7. Five bids were received and all came in well above the City's estimate for the project.
Morrow plans to talk with previous bidders and find out if the specs were clearly advertised, then put
the project back out for bid.
Council consensus to forward the resolution rejecting all bids for the upgrade to Lift Station #7 to the
9/4/01 Regular Meeting.
b. Arts Commission proposal at Sounder train station.
Bruce Fletcher, Parks & Recreation Director gave a brief update on the wildlife scene project for the
Sounder train station. Fletcher distributed information about the artist to Council'. It is anticipated the
project could begin in October 2001 and be completed within six months. The city engineer will
work with the artist to assure compliance with city ordinances. Project funding is through the
hotel/motel tax. It was suggested the
Longacres theme be considered at the station rather than the "Birds in Silhouette Against the Sky ".
Fletcher suggested plaques about the history of Longacres and the Backyard Wildlife Habitat be
added at the train station.
http://www.ci.tukwila.wa.us/clerk/docs01/cow8-27.htm
Attachment B
•
Minutes, 8/27/01 - Page 2 of 3
htt
Council consensus was to send this issue back to the Lodging Tax Advisory Board for a presentation
to the full LTA Board
c. Proposed Zoning Code Amendments
Steve Lancaster, DCD Director, introduced this item and explained that Item A, changing from a
floor area ratio to lot coverage standard in LDR, was developed in conjunction with the ordinance
regulating group homes. Lancaster requested council's guidance as to whether this item be included
in the Zoning Code Amendment. Council consensus was to include Item A in the ordinance. The
amendments have been before the Community Affairs and Parks Committee and the Planning
Commission. A Planning Commission public hearing was held on June 28 A listing of the
amendments follows:
A. Change the Floor Area Ratio limitation of LDR to a lot coverage Standard;
B. Eliminate increased setbacks for the second story of structures in LDR;
C. Prohibit the use of cargo containers as storage sheds in residential zones;
D. Add additional detail to landscape plan requirements;
E. Revise the Zoning Code definition of building height to match the Washington State Building
Code;
F. Revise the Zoning Code definition of story to match the Washington State Building Code;
G. Delete High. Tech as a Use Category;
H. Correct Figure 18 -4 Location and Measurement of Yards on Lots;
I. Add Pawnbrokers as allowed or conditional uses in specified Zones;
J. Add a definition for Pawnbrokers;
K. Add Internet Data Centers as allowed or conditional uses in specified Zones;
L. Add a parking standard for Internet Data Centers;
M. Add a definition for Internet Data Centers
N. Amend the Subdivision Standard for Turnarounds
0. Remove the fee for Street Vacations from the Zoning Code;
P. Change the Zoning Code to allow structures over the right -of -way.
Following discussion on each proposal, Council concurred with the majority of the amendments,
however, for items Items C & N, the majority of councilmembers preferred to wait and hear the
public comments on this item at the September 4 public hearing before making their final decision.
d. Contract for services with ECONorthwest for the Tukwila Urban Center
sub -area planning project.
DCD Director Steve Lancaster explained the contract would update the City's Urban Center Plan.
The 2001 budget is sufficient to cover the Phase I market analysis contract; TIB funds, if the city
receives the allocation, will fund the 2002, Phase II portion of the project. In response to a question
by council, Lancaster stated that if all phases of this project are completed, it will meet the goal of a
true Urban Center.
Council consensus to move this item to the Consent Agenda of the September 4 Regular Meeting.
e. Sign Code Amortization Program
:// www. ci. tukwila .wa.us /clerk/docs01 /cow8- 27.htm
+11. i Gti:lisG4 c' a :> a7s e ��5 ?a t tYis }> ,tfra. �? 4r & �nY: e a " • ....
Minutes, 8/27/01
Associate Planner, Moira Bradshaw, reported the Community Affairs and Parks Committee supports
staff recommendation to extend the Sign Code Amortization deadline from December 31, 2001
forward nine months to await the decision on Federal Way's court appeal. The CA &P Committee
also favored sending this issue to the Planning Commission. They requested, and council concurred,
that the Neighborhood Resource Center sign be changed regardless of the court case timing and
enforcement. Bradshaw concluded by saying staff would start designing amortization deadlines
around the 2002 deadline. The new deadlines would amend the Voluntary Sign Reduction
Agreements (VSR's) that have already been signed.
Council consensus to send this issue to the Planning Commission.
REPORTS:
a. Mayor
b. City Council
f. Survey questionnaire from Suburban Cities Association
Page 3 of 3
Looking at a strategic re- design of its organization, Suburban Cities Association developed a survey
questionnaire that offered options for the Council and administration's consideration. Discussion
covered all options.
Council consensus — Council Analyst to produce draft response to the survey with review by Mayor,
City Administrator and Councilmember Haggerton.
Mayor Mullet reported about a conversation with John Mitchell, U .S. Bank. Mitchell said we are in
an 18 month — 2 year slowdown in the economy and that we've been in the slowdown now for about
4 -6 months. In budget discussions with department heads, Mayor Mullet said most of the budgets
came in very tight.
The Mayor also reported Alan Doerschel, Finance Director, attended a meeting in LaCenter on
gambling. Approximately 300 people attended. The majority of attendees were not supportive of
suggestions offered by the State. Additionally, Mullet reported the Valley Corn property is
progressing well. The next meeting in February 2002 will be in the new building.
Mayor Mullet and Councilmember Fenton participated in the Police Special Olympics event at the
Claim Jumper restaurant on August 23 Earlier in the day both attended the Volunteer picnic at the
Community Center.
And lastly, Mayor Mullet reported the footprint conception for Tukwila Village is close to complete.
Councilmember Duffie attended the Volunteer picnic at the Community Center. He noted the need
for recycling bins at the facility. Councilmember Linder responded that the recycle bins are located
near the pop machines at TCC.
Councilmember Carter attended the SCATBd meeting on August 21 and distributed her report to
Council. She also attended the Volunteer picnic on August 23
v.ci.tulcwila.wa.us/clerk/docs01/cow8-27.htm
Minutes, 8 /27/01
Associate Planner, Moira Bradshaw, reported the Community Affairs and Parks Committee supports
staff recommendation to extend the Sign Code Amortization deadline from December 31, 2001
forward nine months to await the decision on Federal Way's court appeal. The CA &P Committee
also favored sending this issue to the Planning Commission. They requested, and council concurred,
that the Neighborhood Resource Center sign be changed regardless of the court case timing and
enforcement. Bradshaw concluded by saying staff would start designing amortization deadlines
around the 2002 deadline. The new deadlines would amend the Voluntary Sign Reduction
Agreements (V SR's) that have already been signed.
Council consensus to send this issue to the Planning Commission.
b. City Council
f. Survey questionnaire from Suburban Cities Association
Page 3 of 3
Looking at a strategic re- design of its organization, Suburban Cities Association developed a survey
questionnaire that offered options for the Council and administration's consideration. Discussion
covered all options.
Council consensus — Council Analyst to produce draft response to the survey with review by Mayor,
City Administrator and Councilmember Haggerton.
REPORTS:
a. Mavor
Mayor Mullet reported about a conversation with John Mitchell, U .S. Bank. Mitchell said we are in
an 18 month — 2 year slowdown in the economy and that we've been in the slowdown now for about
4 -6 months. In budget discussions with department heads, Mayor Mullet said most of the budgets
came in very tight.
The Mayor also reported Alan Doerschel, Finance Director, attended a meeting in LaCenter on
gambling. Approximately 300 people attended. The majority of attendees were not supportive of
suggestions offered by the State. Additionally, Mullet reported the Valley Com property is
progressing well. The next meeting in February 2002 will be in the new building.
Mayor Mullet and Councilmember Fenton participated in the Police Special Olympics event at the
Claim Jumper restaurant on August 23 Earlier in the day both attended the Volunteer picnic at the
Community Center.
And lastly, Mayor Mullet reported the footprint conception for Tukwila Village is close to complete.
Councilmember Duffle attended the Volunteer picnic at the Community Center. He noted the need
for recycling bins at the facility. Councilmember Linder responded that the recycle bins are located
near the pop machines at TCC.
Councilmember Carter attended the SCATBd meeting on August 21 and distributed her report to
Council. She also attended the Volunteer picnic on August 23
tukwil ,slc
Memorandum
To: Tukwila Planning Corn 'ssion
From: Moira Carr Bradshaw
Date: August 23, 2001
Subject: Sign Amortization Program
Attachments
City of Tukwila
Department of Community Development Steve Lancaster, Director
We are enclosing the attached as an informational item, no action is currently required.
The attached memo was given to the Tukwila Community Affairs and Parks Committee
and also attached are the minutes from that meeting. The Committee of the Whole has
this issue scheduled for their August 27 meeting. During your work session on August
30, we will provide a briefing on the issue, provide you with the discussion from the most
recent City Council meeting and potentially provide information for future Planning
Commission action.
Steven M. Mullet, Mayor
c.!aa Six' 1:' rw.. rc.. xCszl '.�L:�:,4�i� €ati,Y.'+.,J,ui ces�.. tr. �Gv�mv:,.,> d' ifie;. tU. snk '�72cccrr'�tbii�9:�.uw.bm.,Wt
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6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone: 206-43P3670 • Fax: 206 - 431 -3665
Present:
RECEIVED
,UC ._ 2 200
CCitili:;' U : j `,
Community and Parks
August 14, 2001
Pam Linder, Chair; Joe Duffle, Richard Simpson
Steve Lancaster, Rhonda Berry, Tom Keefe, Minnie Dhaliwal, Nora Gierloff,
Lynn Miranda, Lucy Lauterbach
1. CDBG Projects for 2002 Based on requests from city departments and from LATCH (Lutheran
Alliance to Create Housing), Evie put draft allocations for 2002 into the same programs the City has
traditionally supported with.CDBG funds. Some money that was not used this year, mostly in utility
connections, minor home repair, first time homebuyer, and Cascade Park (from 2000) will be rolled over
into recaptured money that is expected. Evie had KC Home Repair, Minor Home Repair, First Time
Homebuyer, Utility Connections, LATCH, Duwamish neighborhood improvements, and senior program
support all getting money in 2002. The committee agreed. Evie had suggested the programs that money
could be added to if more money were available, and the programs that could be cut if there is less money
than expected available. Major home repair funds are often needed, but citizens have not asked for the Al
minor home repair funds as often. The new home help program has also not attracted a lot of attention.
Recommend funding scheme to COW: schedule Public Hearing.
2. Proposed Zoning Code Amendments This process of reviewing 16 proposed amendments to the
city's zoning code was begun early in the year. After going to Community Affairs and then COW, the
amendments were sent to the Planning Commission, which spent a good deal of time and effort reviewing
them. The Committee and Council had questioned the parking standard for internet data centers, and had
added allowing internet data centers in the urban centers and RC zones. The Planning Commission had
changed the floor area ration limitation by moving it into the group home code amendments. The
Committee had many questions about several of the amendments. Not having background on some of the
more controversial amendments, they asked for more information on just a few of the issues. They
questioned allowing pawnbrokers anywhere in the City, but did not recommend a change. They also
wanted to look closely at allowing internet data centers in the RC and TUC zones. Pam asked if noise was
a problem with internet date centers, and Steve L said that it could be, so having it near residences could
be problematical. The Fire Department supported enlarging the turnarounds on cul d'sacs, and the
committee okayed that. Allowing structures over streets was a point for discussion, since it could be fine
or it could be controversial depending on the project. Recommend to COW.
3. Tukwila Urban Center Subarea Plan Lynn was enthusiastic about her work on this project. The
larger issue is Council adoption of a subarea plan for the urban center, and implementing ordinances
including design standards and concurrency standards. The project has been broken into smaller steps,
including market analysis, workshops, EIS work, and public hearings. Consultants will do a market
analysis of both the urban center and the Longacres site, which has been rolled into this study. Lynn said
the urban center plan would implement the city's comp plan, as well as help meet county and state
requirements. She said it was a goal to look at intensifying or modifying uses in the urban center, as well
as keeping those parts of it that are already strong. After a market analysis, land use, transportation, and
economic development databases will be updated. Consultants will be hired for both those tasks.
Alternatives will then be drawn up for the TUC, and workshops will be held to refine those alternatives.
One thing staff is planning is to do a supplemental EIS (SEIS) on the final alternative of uses. This
should help developers who will be able to see what kinds of mitigation would be required, reduce their
time requirements for development, and would allow the city to see the impacts of the uses. By the end of
this year, staff hopes to have an updated database, know the issues and opportunities, have a draft of
subarea plan alternatives to work on, and begin work on the EIS. Funding for this project is hopefully
coming from the Senate funds identified in the U.S. Senate budget ($1.5 million), though that is not
passed yet and alternative funding may be needed. The Committee approved sending the contract for the
+Y atkiti*31
market analyses to the COW, bypassing specific Committee action. Recommend Plan and consultant
contracts to COW.
4. Sin Amortization Program Federal Way's sign code enforcement process was successfully
challenged in Court recently. The RCW has a provision saying that cities need to compensate those whom Z
it requires to change their sign. The judge ruled that amortization is not valid compensation, and said that = ~
the city needed to pay for the new signs. However, in several other states amortization has been found to w
be legal compensation. If applied here, the decision to pay for signs could cost Tukwila a great deal of
money. Staff had laid out four options for action. The committee supported the option of extending the ij v o
current enforcement deadline, hoping for a more final resolution on the Federal Way case before the cn 0
moratorium runs out. The case was decided on procedural issues, so a final decision on the case may be w w
different. In Tukwila, a delay would include the extensions requested through VSRs, as well as in all
H
zones except Manufacturing/Industrial Center, where new occupancies require new signs. The committee w O
also asked that the City's sign on the neighborhood resource center be changed regardless of the court 2
case timing and enforcement. Recommend sign code enforcement period to COW. co
5. Group Home Code Amendments In February, 2000 the Council passed a moratorium on = Cr
correctional facilities and group homes in Tukwila. The moratorium was extended in August, 2001 to Z 2
ensure staff work could be done to our ordinance. That ordinance is now ready for review by the Council. 1— O
The Planning Commission worked very hard on the issues within the ordinance, and resolved many of the a I-
thorny issues that were raised. They agreed to regulate group homes not by the number of residents, but g n
rather by the impacts of group homes on the area in terms of building size and parking requirements. The v 0
size of buildings would need to be compatible with the surrounding uses, and would be guided by the lot o
size and maximum building footprint. Parking requirements would be set, but the DCD Director would w L u
have the ability to waive the requirements, for example, in case the house was for disabled persons who i w
would not drive, for example. u- ~O
_
Transitory housing such as bed and breakfasts, and dorms would be regulated separately. Homes for v
abused persons and runaway youths would be allowed in residential and office zones. Convalescent 0 }—
centers would be allowed in medium and high - density residential zones. Correctional facilities would be z
treated separately, also, and would be allowed in manufacturing and industrial zones.
Steve L said the federally protected classes of people such as drug offenders or runaway youths are
difficult to deal with, but they must be accommodated. There are many issues to consider in regulating
group homes, and after five work sessions and a public hearing, the Planning Commission has sent their
recommendations to the Council. The Committee talked about this being a big issue, and needing time
and attention when it went to Council. Pam requested that David Livermore be at Council when this issue
is discussed, as his experience with the Union Gospel Mission would be helpful. Recommend issue to
COW.
6. Second Quarter Reports The reports were quickly dispatched and approved. Information.
Committee chair approval
r fly mss
RECE VEkJ
AUG ? 2Z001
D EVELOPMENT
OPMENT
Present: Pam Linder, Chair; Joe Duffle, Richard Simpson
Steve Lancaster, Rhonda Berry, Tom Keefe, Minnie Dhaliwal, Nora Gierloff,
Lynn Miranda, Lucy Lauterbach
1. CDBG Projects for 2002 Based on requests from city departments and from LATCH (Lutheran
Alliance to Create Housing), Evie put draft allocations for 2002 into the same programs the City has
traditionally supported with CDBG funds. Some money that was not used this year, mostly in utility
connections, minor home repair, first time homebuyer, and Cascade Park (from 2000) will be rolled over
into recaptured money that is expected. Evie had KC Home Repair, Minor Home Repair, First Time
Homebuyer, Utility Connections, LATCH, Duwamish neighborhood improvements, and senior program
support all getting money in 2002. The committee agreed. Evie had suggested the programs that money
could be added to if more money were available, and the programs that could be cut if there is less money
than expected available. Major home repair funds are often needed, but citizens have not asked for the a.
minor home repair funds as often. The new home help program has also not attracted a lot of attention.
Recommend funding scheme to COW; schedule Public Hearing.
2. Proposed Zoning Code Amendments This process of reviewing 16 proposed amendments to the
city's zoning code was begun early in the year. After going to Community Affairs and then COW, the
amendments were sent to the Planning Commission, which spent a good deal of time and effort reviewing
them. The Committee and Council had questioned the parking standard for internet data centers, and had
added allowing internet data centers in the urban centers and RC zones. The Planning Commission had
changed the floor area ration limitation by moving it into the group home code amendments. The
Committee had many questions about several of the amendments. Not having background on some of the
more controversial amendments, they asked for more information on just a few of the issues. They
questioned allowing pawnbrokers anywhere in the City, but did not recommend a change. They also
wanted to look closely at allowing internet data centers in the RC and TUC zones. Pam asked if noise was
a problem with internet date centers, and Steve L said that it could be, so having it near residences could
be problematical. The Fire Department supported enlarging the turnarounds on cul d'sacs, and the
committee okayed that. Allowing structures over streets was a point for discussion, since it could be fine
or it could be controversial depending on the project. Recommend to COW.
3. Tukwila Urban Center Subarea Plan Lynn was enthusiastic about her work on this project. The
larger issue is Council adoption of a subarea plan for the urban center, and implementing ordinances
including design standards and concurrency standards. The project has been broken into smaller steps,
including market analysis, workshops, EIS work, and public hearings. Consultants will do a market
analysis of both the urban center and the Longacres site, which has been rolled into this study. Lynn said
the urban center plan would implement the city's comp plan, as well as help meet county and state
requirements. She said it was a goal to look at intensifying or modifying uses in the urban center, as well
as keeping those parts of it that are already strong. After a market analysis, land use, transportation, and
economic development databases will be updated. Consultants will be hired for both those tasks.
Alternatives will then be drawn up for the TUC, and workshops will be held to refine those alternatives.
One thing staff is planning is to do a supplemental EIS (SEIS) on the final alternative of uses. This
should help developers who will be able to see what kinds of mitigation would be required, reduce their
time requirements for development, and would allow the city to see the impacts of the uses. By the end of
this year, staff hopes to have an updated database, know the issues and opportunities, have a draft of
subarea plan alternatives to work on, and begin work on the EIS. Funding for this project is hopefully
coming from the Senate funds identified in the U.S. Senate budget ($1.5 million), though that is not
passed yet and alternative funding may be needed. The Committee approved sending the contract for the
Community and Parks
August 14, 2001
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City of Tukwila
Department of Community Development Steve Lancaster, Director
Memorandum
To: Community Affairs and Parks
From: Steve Lancaster
Date: July 30, 2001
Subject: Sign Amortization Program
Background
In February 2001, the Superior Court of King County reversed the decision of Federal
Way's Hearing Examiner and said that the City is required to comply with compensation
provisions of the Highway Advertising Control Act, 47.42, RCW. The Federal Way
Hearing Examiner had upheld Notices of Violation sent to two sign owners with
businesses on State Route 99 telling them they were in violation of the Federal Way Code
and ordered the property owners to remove their nonconforming signs.
The City of Federal Way has appealed the Superior Court decision to the Appeals Court'
although all nonconforming signs except for those of these two sign owners will be or are
now in compliance with the City code. The decision of the court on this matter has
greater implications for the Cities of Tukwila and SeaTac, whose amortization deadlines
are yet to come. A decision by the Court of Appeals may not come before spring, 2002.
Federal Way's position continues to be that an amortization period is adequate
compensation. However, this case creates uncertainty and along Tukwila International BL
there are implications, potentially significant, for Tukwila's Sign Amortization Program.
Discussion
Staff has laid out the attached four options for the City to consider in light of this recent
judicial ruling on sign amortization. An alternative that is not listed as an option is
maintaining and not enforcing the existing deadline. Even if the City did not send out
Notices of Violation, sign and/or property owners along Tukwila International BL could
take the City to court immediately in January 2002 seeking a declaratory judgment,
before the Court of Appeals addresses the Federal Way case.
' Harry Horan & David Rhodes v. City of Federal Way, King County Superior Court No. 00- 2- 262949 Kent, Court of
Appeals, Division I No. 48432 -0 -I (filed in May 2001)
1 of 2
Steven M. Mullet, Mayor
6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone: 206 - 431 -3670 • Fax: 206 - 431 -3665
Sign Amortization Options
Page 1 of 2
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Options
Assumptions
Comments
1.
Maintain existing
amortization deadline;
Assume monetary compensation
is required and follow
procedures of State Highway
Advertising Control Act (47.42
RCW)
The City of Tukwila is not bound by the Superior Court's decision in
the Federal Way Case; however, the decision of the Appellate Court
would be a ruling on the law.
Cost:
An accurate assessment of the costs associated with monetarily
compensating property and sign owners is not possible for the
following reasons:
Until we negotiate with sign owners we will not know which signs
are legally erected and therefore qualify.
The Highway Advertising Control Act says that property owners in
addition to sign owners must be compensated. It is unclear how to
calculate monetary compensate for property owners.
In addition to monetary compensation to sign owners and property
owners, there will be costs for certified appraisals and potential legal
fees if a sign owner wishes to have the amount determined through
judicial proceedings.
2.
Amend the sign code to
adopt an optional monetary
compensation process that is
administrative.
Optional compensation process
would be more attractive to sign
owners and be less expensive to
City than following 47.42.107
RCW and/or potentially going to
court
Cost:
This option is meant to eliminate the need to follow the procedures of
47.42, RCW. But money would still be used to compensate
sign/property owners. The goal of this option is to minimize legal
and administrative fees by devising a simpler process.
Estimating a budget amount would still be speculative.
Sign Amortization Options
Page 1 of 2
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Options
Assumptions
Comments
3.
Extend amortization deadline
• a) To some date that
assures an appellate
decision on the Federal
Way appeal.
Federal Way will prevail and
compensation other than
amortization will not be
required;
It is difficult to estimate the conclusion of the Federal Way case but
we anticipate that it will be more than a year.
City may need to extend more than once.
• b) To some date when we
think WA state will have
turned over the highway
to City and TIB is no
longer a primary state
highway.
Redesignating primary state
highway to a local arterial would
preclude application of 47.42
RCW
There are numerous implications beyond sign amortization for
assuming jurisdiction over the B1.
Costs:
Street structure & overlay responsibility
Channelization ie. Pavement markings
Signage
Signal installation and maintenance responsibility.
Benefits:
Greater control over street design and improvements
4.
Extend amortization deadline
for just Tukwila International
BL
Approximately half the nonconforming signs are along TIB.
Creates a geographic enforcement process, which is logical and
manageable.
Will create a more complicated marketing program and potential
confusion among sign owners.
C: \mcb\signs\Amortization Options Revised.doc
Page 2 of 2
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The costs of implementing Option 1, a monetary compensation program, are extremely
speculative for the reasons listed in the options paper and therefore it would not appear to
be a fiscally rational option.
The goal of Option 2 would be to reduce the legal and administrative costs of monetary
amortization by substituting a Tukwila monetary compensation process for the state's
compensation process. Again the costs of implementing this program would be
speculative but the goal would be to make the City's appeal process more attractive than
the State's.
Option 3, extending the deadline to some date when the City hopes for issues to be
resolved either judicially or jurisdictionally, means delaying the removal of
nonconforming signs throughout the City. (Nonconforming signs in the Manufacturing
Industrial Center are exempt from the Sign Amortization Program and are brought into
compliance when there is a change in tenancy at the site.) Because the City has chosen to
proceed with an incentives based Sign Amortization Program, administratively it will be
simpler to have one deadline. The City plans on offering a Grant program, Design
services, and a Code/Permitting workshop. There could be two separate time frames for
the Program offerings but it would be simpler to offer them once and to have one
deadline.
Administratively, enforcement of the amortization deadline is likely to proceed
geographically. With Option 4, there is some logic to creating two different deadlines.
Approximately half the nonconforming signs are on Tukwila International BL. The
disadvantage is that in marketing the program to the business community the City will be
explaining that there are two different periods and it may cause some confusion as to
which deadline businesses must meet. Half of the City's nonconforming signs would be
brought into conformance.
Recommendation
Forward issue to Planning Commission for a public hearing on a nine month extension of
the amortization deadline.(Option 3)
Attachment
C:\mcb\signs \Olmemo807.doc
2 oft
Sign Amortization Options
Page 1 of 2
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1.
Maintain existing
amortization deadline;
Assume monetary compensation
is required and follow
procedures of State Highway
Advertising Control Act (47.42
RCW)
The City of Tukwila is not bound by the Superior Court's decision in
the Federal Way Case; however, the decision of the Appellate Court
would be a ruling on the law.
Cost: .
An accurate assessment of the costs associated with monetarily r
compensating property and sign owners is not possible for the
following reasons:
Until we negotiate with sign owners we will not know which signs
are legally erected and therefore qualify.
The Highway Advertising Control Act says that property owners in
addition to sign owners must be compensated. It is unclear how to
calculate monetary compensate for property owners.
In addition to monetary compensation to sign owners and property
owners, there will be costs for certified appraisals and potential legal
fees if a sign owner wishes to have the amount determined through
judicial proceedings.
2.
Amend the sign code to
adopt an optional monetary
compensation process that is
administrative.
Optional compensation process
would be more attractive to sign
owners and be less expensive to
City than following 47.42.107
RCW and/or potentially going to
court
Cost:
This option is meant to eliminate the need to follow the procedures of
47.42, RCW. But money would still be used to compensate
sign/property owners. The goal of this option is to minimize legal
and administrative fees by devising a simpler process.
Estimating a budget amount would still be speculative.
Sign Amortization Options
Page 1 of 2
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. • ITEM INFORMATION
CAS Number: 01
l 0
Original Agenda Date 5 -29 -01
Agenda Item Title:
Sign Code Amortization Program
Original Sponsor:
Council Admin.
Timeline:
9./
Sponsor's Summary:
Forward to Planning Commission to hold a public hearing to consider extending the Sign
Code amortization deadline by nine months from 12/31/01 to 10/01/02.
Recommendations:
Sponsor:
. Committee:
Administration:
Forward issue to Planning Commission for consideration of a nine month extension (See
Minutes 8/14/01)
•
Cost Impact (if known):
Fund Source (if known):
A OF COUNCIL ACTION �� •
.: .. � .. - RECORD O C CI
Meeting Date
Action
5/29/01
Approved Sign Amortization Incentive Programs
8/27/01
8/27/01
mc.
9./
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•
• Meeting Date
Prepared by
Mayor's review
Council review
5/29/01
mcb
8/27/01
mc.
9./
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Co UNCIL AGENDA SYNOPSIS
Initials
ITEM N0.
APPENDICES`
Meeting Date
8/27/01
8/27/01
Attachments
CAP meeting minutes of 8/14/01
Memo from Steve Lancaster with Attachment
•
August 27, 2001
7:00 PM
1. CALL TO ORDER
Steven M. Mullet, Mayor
John McFarland, City Administrator
Joan Hernandez, Council President
2. PLEDGE OF ALLEGIANCE
4. SPECIAL ISSUES
5. REPORTS
6. MISCELLANEOUS
7. EXECUTIVE SESSION
8. ADJOURNMENT
Tukwila City
a.
b.
c.
d.
e.
f.
a .
b.
c .
d.
e .
AUG 2 4 2001
DEVp. LOPrMENT
Council Agenda
Councilmeniber•s: Pam Carter • Joe Duffle
Dave Fenton • Jim Haggerton
Pamela Linder • Richard Simpson
COMIVIITTgaNE WHOLE
Tukwila City Hall
Council Chambers
3. CITIZEN At this time, you are invited to comment on items that are not
COMMENTS / included on this agenda. If you wish to comment on an item listed
CORRESPONDENCE on this agenda, please save your comments until the issue is
presented for discussion.
A resolution rejecting all bids for the upgrade to Lift Station #7. Pg3
Arts Commission proposal at Sounder train station. Pg9
Proposed Zoning Code amendments. Pgll
Contract for services with ECONorthwest for the Tukwila Urban
Center sub -area planning project. Pg101
Proposed Sign Code amendment.
Survey questionnaire from Suburban Cities Association.
Mayor
City Council
Staff
City Attorney
Intergovernmental
The City of Tukwila strives to accommodate people with disabilities.
Please contact the City Clerk's Office by noon on Monday if we may be of assistance.
(206- 433 -1800 or TDD 206 - 248 -2933)
Agenda is also available at City of Tukwila's website: http: / /www.ci.tukwila.wa.us
PLEASE BE ADVISED THAT ALL TUKWILA COUNCIL MEETINGS ARE AUDIO TAPED.
Pg119
Pq127
HOW TO TESTIFY
If you would like to address the Council, please go to the podium and state your name and address clearly for
the record. Please observe the basic rules of courtesy when speaking and limit your comments to five
minutes. The Council appreciates hearing from citizens but may not be able to take immediate action on
comments received until they are referred to a Committee or discussed under New Business.
COUNCIL MEETINGS
No Council meetings are scheduled on the 5th Monday of the month unless prior public notification is given.
Regular Meetings - The Mayor, elected by the people to a four -year term, presides at all Regular Council
Meetings held on the 1st and 3rd Mondays of each month at 7:00 p.m. Official Council action in the
form of formal motions, adopting of resolutions and passing of ordinances can only be taken at Regular
Council meetings.
Committee of the Whole Meetings - Council members are elected for a four -year term. The Council
President is elected by the Council members to preside at all Committee of the Whole meetings for a
one -year term. Committee of the Whole.meetings are held the 2nd and 4th Mondays at 7:00 p.m.
Issues discussed are forwarded to the Regular Council meeting for official action.
GENERAL INFORMATION
At each Council meeting citizens are given the opportunity to address the Council on items that are not
included on the agenda during CITIZENS COMMENTS. Please limit your comments to five minutes.
Special Meetings may be called at any time with proper public notice. Procedures followed are the same as
those used in Regular Council meetings.
Executive Sessions may be called to inform the Council of pending legal action, financial, or personnel .
matters.
PUBLIC HEARINGS
Public Hearings are required by law before the Council can take action on matters affecting the public
interest such as land -use laws, annexations, rezone requests, public safety issues, etc. Section 2.04.150 of the
Tukwila Municipal Code states the following guidelines for Public Hearings:
1. The proponent shall speak first and is allowed 15 minutes for a presentation.
2. The opponent is then allowed 15 minutes to make a presentation.
3. Each side is then allowed 5 minutes for rebuttal.
4. Citizens Who wish to address the Council may speak for 5 minutes each. No one may speak a second
time until everyone wishing to speak has spoken.
5. After each speaker has spoken, the Council may question the speaker. Each speaker can respond to the
question, but may not engage in further debate at this time.
6. After the Public Hearing is closed, the Council may discuss the issue among themselves without further
public testimony. Council action may be taken at this time or postponed to another date.
;c °':j�') },.
5'.
f�4'FY1Yt&315sli.'
City of Tukwila
Steven M. Mullet, Mayor
Department of Community Development Steve Lancaster, Director
Memorandum
To: Mayor Steve Mullet & Committee of the Whole
From: Steve Lancaster
Date: August 22, 2001
Subject: Sign Amortization Program
Background
In February 2001, the Superior Court of King County reversed the decision of Federal
Way's Hearing Examiner and said that the City is required to comply with compensation
provisions of the Highway Advertising Control Act, 47.42, RCW. The Federal Way
Hearing Examiner had upheld Notices of Violation sent to two sign owners with
businesses on State Route 99 telling them they were in violation of the Federal Way Code
and ordered the property owners to remove their nonconforming signs.
The City of Federal Way has appealed the Superior Court decision to the Appeals Court'
although all nonconforming signs except for those of these two sign owners will be or are
now in compliance with the City code. The decision of the court on this matter has
greater implications for the Cities of Tukwila and SeaTac, whose amortization deadlines
are yet to come. A decision by the Court of Appeals may not come before spring, 2002.
Federal Way's position continues to be that an amortization period is adequate
compensation. However, this case creates uncertainty and along Tukwila International BL
there are implications, potentially significant, for Tukwila's Sign Amortization Program.
Discussion
Staff has laid out the attached four options for the City to consider in light of this recent
judicial ruling on sign amortization. An alternative that is not listed as an option is
maintaining and not enforcing the existing deadline. Even if the City did not send out
Notices of Violation, sign and/or property owners along Tukwila International BL could
take the City to court immediately in January 2002 seeking a declaratory judgment,
before the Court of Appeals addresses the Federal Way case.
' Harry Horan & David Rhodes v. City of Federal Way, King County Superior Court No. 00 -2- 262949 Kent, Court of
Appeals, Division I No. 48432 -0 -I (filed in May 2001)
1 of
\ (13/
6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone: 206 - 431 -3670 • Fax: 206 - 431 -3665
market analyss to the COW, bypassing specific Committee action. Recommend Plan and consultant
contracts to COW.
4. Sign Amortization Program Federal Way's sign code enforcement process was successfully
challenged in Court recently. The RCW has a provision saying that cities need to compensate those whom
it requires to change their sign. The judge ruled that amortization is not valid compensation, and said that
the city needed to pay for the new signs. However, in several other states amortization has been found to
be legal compensation. If applied here, the decision to pay for signs could cost Tukwila a great deal of
money. Staff had laid out four options for action. The committee supported the option of extending the
current enforcement deadline, hoping for a more final resolution on the Federal Way case before the
moratorium runs out. The case was decided on procedural issues, so a final decision on the case may be
different. In Tukwila, a delay would include the extensions requested through VSRs, as well as in all
zones except Manufacturing/Industrial Center, where new occupancies require new signs. The committee
also asked that the City's sign on the neighborhood resource center be changed regardless of the court
case timing and enforcement. Recommend sign code enforcement period to COW.
5. Group Home Code Amendments In February, 2000 the Council passed a moratorium on
correctional facilities and group homes in Tukwila. The moratorium was extended in August, 2001 to
ensure staff work could be done to our ordinance. That ordinance is now ready for review by the Council.
The Planning Commission worked very hard on the issues within the ordinance, and resolved many of the
thorny issues that were raised. They agreed to regulate group homes not by the number of residents, but
rather by the impacts of group homes on the area in terms of building size and parking requirements. The
size of buildings would need to be compatible with the surrounding uses, and would be guided by the lot
size and maximum building footprint. Parking requirements would be set, but the DCD Director would
have the ability to waive the requirements, for example, in case the house was for disabled persons who
would not drive, for example.
Transitory housing such as bed and breakfasts, and dorms would be regulated separately. Homes for
abused persons and runaway youths would be allowed in residential and office zones. Convalescent
centers would be allowed in medium and high - density residential zones. Correctional facilities would be
treated separately, also, and would be allowed in manufacturing and industrial zones.
Steve L said the federally protected classes of people such as drug offenders or runaway youths are
difficult to deal with, but they must be accommodated. There are many issues to consider in regulating
group homes, and after five work sessions and a public hearing, the Planning Commission has sent their
recommendations to the Council. The Committee talked about this being a big issue, and needing time
and attention when it went to Council. Pam requested that David Livermore be at Council when this issue
is discussed, as his experience with the Union Gospel Mission would be helpful. Recommend issue to
COW.
6. Second Quarter Reports The reports were quickly dispatched and approved. Information.
�" �t� Committee chair approval