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HomeMy WebLinkAbout1996-10-07 Regular MinutesCALL TO ORDER ROLL CALL Haggerton Excused October 7, 1996 Tukwila City Hall 7:00 p.m. Council Chambers REGULAR MEETING MINUTES OFFICIALS CITIZEN COMMENTS CONSENT AGENDA 9/9 Minutes Withdrawn TUKWILA CITY COUNCIL Mayor Rants called the Regular Meeting to order and led the audience in the Pledge of Allegiance. S' l JOE DUFFIE; JOAN HERNANDEZ; PAM CARTER, Council President; ALLAN EKBERG; STEVE MULLET; PAM LINDER. MOVED BY MULLET, SECONDED BY CARTER, TO EXCUSE COUNCILMEMBER HAGGERTON. MOTION CARRIED. JOHN McFARLAND, City Administrator; JIM HANEY, Interim City Attorney; RON CAMERON, City Engineer; ROSS EARNST, Public Works Director; KEITH HALL, Code Enforcement Officer; STEVE LANCASTER, DCD Director; LUCY LAUTERBACH, Council Analyst; JANE CANTU, City Clerk. Bill Arthur, 18000 Andover Park West, Suite 200, Tukwila, distributed first edition copies of the Highway 99 Action Committee newsletter. It is intended to be a quarterly publication. Arthur thanked Baker Commodities and Kinko's for their assistance in the publication and printing of the newsletter. a. Approval of Minutes: 1/22/96 (Sp. Mtg.); 9/9/96 (Sp. Mtg..) b. Approval of Vouchers: Nos. 99222 through 88498 in the amount of $1,451,868.97. c. Authorize the Mayor to accept a right -of -way donation for street improvements at 32nd Ave. S. /S. 135th St. d. Authorize Mayor to accept two easements for construction of sidewalks in the CBD. MOVED BY DUFFIE, SECONDED BY HERNANDEZ, TO APPROVE THE CONSENT AGENDA AS SUBMITTED.* Council President Carter requested the minutes of 9/9/96 be withdrawn as they were approved previously. *MOTION CARRIED. 6 -0 Tukwila City Council Regular Meeting October 7, 1996 Page 2 PUBLIC HEARINGS Ord. #1773 amending Sign Code to Include Amortization Schedule for Non Conforming Signs Changes to Planned Shopping Center and Office Sections Public Comment Mayor Rants declared the hearing open at 7:07 p.m. Steve Lancaster, DCD Director, explained that the purpose of the hearing is to take public input on proposed changes to the sign code. There are two types of changes reflected in the proposed ordinances contained in the agenda packet. The first set of changes, housekeeping in nature, are minor changes made to improve flexibility of the signage on office buildings and planned mall shopping centers. It is a clearer reflection of some of the changes that have taken place in the way the City looks at land use under the Zoning Code and the mixture of uses allowed in certain areas. The second ordinance is a proposal to establish a program that would require that all existing non conforming business signs (grandfathered signs) be brought into conformance within the Tukwila Sign Code by a specific date. The proposed date is three years after the adoption of whatever ordinance the Council would chose to adopt. Lancaster clarified that the current ordinance allows signs that were legally erected but don't comply with current rules and regulations to remain in use indefinitely. These signs are found primarily in the annexation areas and enjoy grandfather or non conforming use rights. They may remain under those grandfather rights until there is a substantial change in the use of the property or the buildings or the signs. Under the proposed sign ordinance amendments these signs that were legally erected but don't comply with the current regulations would have to be brought into compliance by the year 2000. At the end of the three year period, the grandfather rights would basically go away. This is one of the strategies Council has been looking at in its overall strategy of dealing with the issue of Highway 99 as well as other areas in the community. With regard to Highway 99, these regulations may be viewed as a strategy to improve the overall visual character and business climate in that area. The ordinance would apply equally throughout the entire community. Approximately 200 notices describing the proposed amortization program were sent to businesses in the areas most likely to be affected (Highway 99, East Marginal Way, Military Road). Rick Davis, 14101 Pacific Highway So. (21 Club), commented that his business sits far back from the highway and is not readily seen from either direction due to neighboring businesses on either side that sit closer to the highway. The sign was placed on the highway in order to draw attention to his establishment. Davis said he fears his business would suffer without the highway sign. Tukwila City Council Regular Meeting October 7, 1996 Page 3 Public Hearings (con't) Dwight McLean, 13015 38th Ave. S., said that if business owners could be persuaded to take down their signs, it would improve the quality and image of Highway 99. McLean presented a brief home video which showed sign codes in another community versus Tukwila's sign codes. The film showed the contrast between Highway 99 with its various signs and many billboards and the City of Burlington with its low profile signs and no billboards. McLean said he thought a three year amortization was too short. He suggested a 7 -10 year time span and some type of incentive given for early compliance such as granting a business license or waiving storm water /sewer assessments. McLean commented that if the goal of the City is to beautify the highway, the sign code provisions should include both business signs and billboards. Doug Sternberg, 14818 Pacific Highway So. (Douglas Printing), said his business also sits back from the road. He, too, relies upon a billboard sign to be seen among the competing signs. Most of his signs will be affected by the new codes and he expects it will be very expensive for him to bring his business into compliance with the new regulations. Sternberg has operated his business for 20 years and asked that business owners be considered as Council looks at the new provisions. Tim O'Brien, 14639 Pacific Highway So. (Appliance Distributors), stated that 95 percent of the signs on Highway 99 are non- conforming. The cost he will incur to convert his signs, which are all non conforming, is approximately $35,000. O'Brian asked that Council be aware they are affecting a great number of people. Mike Salle, 130th and Pacific Highway So. (Bernie and Boys), reminded Council that during the annexation process a few years ago, business owners were assured that conforming signs and buildings under King County codes and regulations would continue to be conforming under Tukwila's jurisdiction. Salle said felt it unfair that business owners would have to incur extra expenses in order to bring their existing signs up to code. John Welch, 11405 SE 196th, Renton, is involved with the City through the Tukwila Tomorrow Committee, Highway 99 Action Committee, and the Chamber of Commerce. Welch noted the theme the Chamber of Commerce has tried to stress is the relationship between the business community and the City. In Tukwila City Council Regular Meeting October 7, 1996 Page 4 Public Hearings (con't) Hearing Closed Council Discussion other words, we're in this together. Welch said he feared the short duration in abating the non conforming signs will work a hardship on many businesses and will hurt the relationship of the businesses on Highway 99. Business owners on the highway are pulling together to try to resolve the issues. Welch asked that Council reconsider the amortization schedule and focus on a 5, 7, or 9 year schedule. In its present form, the three year schedule will create hardships for business owners. Mayor Rants declared the hearing closed at 7:28 p.m. Councilmember Ekberg asked what other cities had done regarding the timeline issues. Lancaster responded that other cities typically give 7 -9 year time periods. More frequently, when a city decides to go through an amortization program it is usually when the city adopts a new sign. If Tukwila were adopting a new sign code it would be putting in new restrictions or changes to businesses who had possibly put up a new sign during the last year or two. In such cases a longer period of time is usually needed for people to recover their investment in those signs. Another three years would add some additional period to amortize the investment on those signs. Council President Carter asked what the staff had recommended to the Planning Commission. Lancaster responded that staff gave the commission a range of 3/5/7 years to consider. Councilmember Duffie remarked that the same problem with signs existed when the Interurban area was annexed several years ago. Responding to Ekberg's question regarding billboards, Lancaster explained that the issues involved with billboards are different that those involved with on -site business signage. Billboard issues will be considered at a later date. It was the consensus of the Council to forward the amortization ordinance to a future Committee of the Whole meeting for further discussion. MOVED BY MULLET, SECONDED BY LINDER, THAT THE PROPOSED ORDINANCE BE READ BY TITLE ONLY. MOTION CARRIED 5 -1 (Duffie dissenting; Haggerton absent) Tukwila City Council Regular Meeting October 7, 1996 Page 5 Public Hearings (con't) Public Hearing Amend Zoning Code to Allow Fermenting and Distilling in Industrial Zones Ord. #1774 Public Comment Hearing Closed Attorney Haney read AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING THE SIGN CODE BY CHANGING THE ALLOCATION OF SIGNS TO OFFICE BUILDINGS, CLARIFYING PLANNED SHOPPING CENTER SIGN REGULATIONS; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. MOVED BY MULLET, SECONDED BY CARTER, TO ADOPT ORDINANCE NO.1773 AS READ MOTION CARRIED 5 -1 (Duffie dissenting; Haggerton absent) Mayor Rants declared the public hearing open at 7:37 p.m. Steve Lancaster explained that the ordinance would amend the Tukwila Zoning Code to correct an inadvertent omission made at the time the new Zoning Code was adopted in December 1995. Under the prior ordinance, manufacturing uses that involved distilling and fermentation were allowed in all of the industrial districts. When the new Zoning Code was adopted, the activity of brewing and distilling was dropped from the entire code so that it was not allowed anywhere. The Planning Commission recommended that Council put this activity back in all of the industrial districts. In the Tukwila Valley South district, the Planning Commission recommended the activity be put in as a conditional use as opposed to an outright permitted use. Discussions at CA &P Committee and the last COW it appeared it was Council's direction to go ahead and allow distilling and fermenting in the TVS district as an outright permitted use as opposed as a conditionally permitted use. Lancaster explained that the ordinance in front of council contains both options. Council would need to make a minor change to the ordinance, deleting one of the options, if it chose to adopt the ordinance at this meeting. Bill Arthur, 18000 Andover Park West, Suite 200, Tukwila, requested Council delete Section 18.40.040 in its entirety on the basis that the Tukwila Valley South district is in large part industrial in nature. Arthur asked that TVS permitted uses be treated the same as other industrial areas in the City. Rants declared the hearing closed at 7:43 p.m. 11 i Tukwila City Council Regular Meeting October 7, 1996 Page 6 Public Hearings (con't) Ord. #1774 MOVED BY HERNANDEZ, SECONDED BY DUFFIE, THAT THE PROPOSED ORDINANCE BE READ BY TITLE ONLY. MOTION CARRIED. Attorney Haney read an ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING AND REPEALING PORTIONS OF ORDINANCE NO. 1274; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. MOVED BY DUFFIE, SECONDED BY MULLET, THAT ORDINANCE NO.1774 BE ADOPTED AS READ.* MOVED BY EKBERG, SECONDED BY DUFFIE, TO AMEND THE ORDINANCE AS FOLLOWS: DELETE ENTIRE SECTION 18.40.040 CONDITIONAL USES TUKWILA VALLEY SOUTH DISTRICT. THE PURPOSE OF THE AMENDMENT IS TO ALLOW DISTILLING AND FERMENTING TO OCCUR AS REGULAR USES IN THE TUKWILA VALLEY SOUTH DISTRICT. MOTION CARRIED 5 -1 (Carter dissenting). Opposing the motion Council President Carter said she preferred the uses be conditional because housing is allowed in the TVS district. Housing is not allowed in the other industrial zones. Councilmember Mullet said he supported the motion because housing is only allowed in two places: along Orillia Road, south of 200th street; and along the river where residential type mixed use houses are allowed. Mullet supported a permitted use without restriction other than the current ordinances in effect dealing with noise and odor. MOVED BY EKBERG, SECONDED BY DUFFIE, THAT THE FIRST SENTENCE IN SECTION 5 BE AMENDED TO READ AS FOLLOWS: SECTION 5. A NEW SUBSECTION TMC 18.40.020 (29) IS HEREBY ADDED TO ORDINANCE NO. 1758 SS 1(PART) TO READ AS FOLLOWS: MOTION CARRIED. Attorney Haney explained the need to amend the title of the ordinance to correctly reflect the current Zoning Code ordinance. Tukwila City Council Regular Meeting October 7, 1996 Page 7 Public Hearings (con't) Ord. #1774 Adopted Public Hearing Ord. #1775 Amending Zoning Code to Protect Cottonwood Trees in Shoreline Areas Hearing Closed MOVED BY LINDER, SECONDED BY DUFFIE, TO AMEND THE TITLE OF THE ORDINANCE TO READ AS FOLLOWS: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA. WASHINGTON. AMENDING AND REPEALING PORTIONS OF THE CITY'S ZONING CODE. ORDINANCE NO. 1758. PROVIDING FOR SEVERABILITY: AND ESTABLISHING AN EFFECTIVE DATE. MOTION CARRIED. *MOTION CARRIED AS AMENDED 6 -0. Mayor Rants declared the hearing open at 7:55 p.m. Steve Lancaster explained that at the time Council adopted the new Zoning Code they decided to not include cottonwood trees within the definition of "significant trees" and therefore made cottonwoods not subject to the permitting and replacement requirements of the Tree Ordinance. Staff has since asked the Planning Commission and Council to consider some level of protection for cottonwoods along the river because they provide some important habitat value there. The Planning Commission has recommended that within the river environment and the low impact environment as described in Tukwila's Zoning Code cottonwoods be provided essentially the same level of protection as other types of trees. Only those cottonwoods that are 12 inches in diameter or larger would be provided that protection. The proposed ordinance also contains a housekeeping amendment that deals with where you measure the circumference of a tree. Councilmember Mullet supported "re- instituting" them into the sensitive area along the river. There being no one from the public wishing to speak on this issue, the hearing was closed at 7:58 p.m. MOVED BY HERNANDEZ, SECONDED BY DUFFIE, THAT THE PROPOSED ORDINANCE BE READ BY TITLE ONLY. MOTION CARRIED. Jim Haney read AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, APPLYING TUKWILA'S TREE REGULATIONS TO COTTONWOOD TREES 12 INCHES OR MORE IN DIAMETER; PROVIDING /1 1 Tukwila City Council Regular Meeting October 7, 1996 Page 8 Public Hearings (con't) Ord. #1775 Adopted NEW BUSINESS Res. #1362 Opposing Current RTA Plan Citizen Comment FOR SEVERABILITY; AND' ESTABLISHING AN EFFECTIVE DATE. MOVED BY HERNANDEZ, SECONDED BY DUFFIE, THAT ORDINANCE NO. 1755 BE ADOPTED AS READ.* Councilmember Mullet clarified that the intent of the ordinance allows you to remove destructive or dangerous cottonwood trees; however, they must be replaced under the Tree Ordinance with the appropriate trees that will protect the river environment. *MOTION CARRIED 6 -0. MOVED BY DUFFIE, SECONDED BY CARTER, THAT THE PROPOSED RESOLUTION BE READ BY TITLE ONLY. MOTION CARRIED. Attorney Handy read A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, OPPOSING THE CURRENT PROPOSED REGIONAL TRANSIT PLAN. MOVED BY DUFFIE, SECONDED BY CARTER, TO APPROVE RESOLUTION NO.1362 AS READ.* A.L. McDonald, 4246 S. 146th Street, Foster Community Club President, read a resolution of the membership formally opposing the current Regional Transit Plan and recommending a NO vote on November 5th. Michael J. West, 14864 Pacific Hwy. So., read from a petition that had been distributed to business people along Highway 99. The petition opposed the positioning of the RTA light rail on Highway 99 within the city limits of Tukwila. The petitioners recommend an alignment on Interurban Ave. with a stop in Southcenter. The petition contained 400 signatures. Councilmember Mullet distributed a revised resolution as asked for Council's consideration of this document. Mayor Rants asked that the revised resolution be read in its entirety. Councilmember Mullet read the resolution as requested. (See attached) Tukwila City Council Regular Meeting October 7, 1996 Page 9 New Business (con't) Substitute Res. #1362 Substitute Res. #1362 Approved REPORTS Mayor Council Staff MOVED BY DUFFLE, SECONDED BY CARTER, TO AMEND THE MOTION AND APPROVE THE SUBSTITUTE RESOLUTION NO. 1362 AS READ. MOTION CARRIED. *APPROVED AS AMENDED. Council briefly reviewed the upcoming budget schedule. Mayor Rants commented on a Valley Daily News article regarding local tax breaks given to businesses coming into the state. Rants informed Council that the search for a staff attorney has been unsuccessful. The Mayor plans to continue contracting for legal services through the end of the year and will be presenting Council with a contract for their confirmation in the next few weeks. Rants plans to revisit the staff attorney issue at a later date. Councilmember Hernandez reported she attended the Equity Task Force meeting on October 3rd. A subcommittee is re- evaluating the designation of "task force" and reviewing the mission statement and purpose. Council President Carter reported she attended the last Foster Community Club meeting at which an RTA representative answered questions. Carter reported she spoke to the Federal Way Council in their executive session regarding the proposed revisions to the ACC. Carter announced she received formal notification from King County that the City's fireworks issue will be on the November 5th ballot. John McFarland, City Administrator, showed Council the "Adopt a Highway" signs. He reported that all the current signs have been spoken for. The businesses who have adopted space on the Highway will have their names engraved on the lower part of the sign. McFarland reported that video camera signs and drug /prostitution watch signs are also up along the highway. Mayor Rants called for volunteers to be trained on the television monitoring system at the Resource Center. It is anticipated that the cameras will be operational by the end of October. Tukwila City Council Regular Meeting October 7, 1996 Page 10 Reports (con't) City Attorney ADJOURNMENT 8:41 p.m. McFarland announced that 56 of the 58 easements needed for sidewalks in the Central Business District (CBD) have been acquired. Councilmember Linder asked about the status of the Suncrest abatement process. McFarland said the issue had gone to court and the City had received a judgment in favor of the City. One judgment was received a month ago. The City went back to court on contempt and received an award of $15,000 for attorney fees and staff costs. There is still an opportunity to go back to court a third time for additional action by the court on a contempt order and the potential abatement of the entire structure, which is currently under consideration. Councilmember Linder noted that she has received multiple calls per day regarding the trash overflowing at the apartments. Mayor Rants commented that residents should be reminded to contact the Code Enforcement Officer with these complaints. MOVED BY EKBERG, SECONDED BY MULLET, THAT THE MEETING BE ADJOURNED. MOTION CARRIED. W. Rants, Mayor dce E. Cantu, City Clerk