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LUTC MINS 07-07-2008G:\LUTC\LUTC Agendas and Summaries 2008\7-07-08 Minutes.doc City of Federal Way City Council Land Use/Transportation Committee July 7, 2008 City Hall 5:30 PM City Council Chambers MEETING MINUTES In attendance: Committee Chair Linda Kochmar, Council Member Jim Ferrell, Committee Member Dini Duclos, Assistant City Manager/Chief Operations Officer/Emergency Manager Cary Roe, City Staff Attorney Monica Buck, Planning Manager Isaac Conlen, Director of Community Development Services Greg Fewins, Acting Deputy Public Works Director Marwan Salloum, City Traffic Engineer Rick Perez, Street Systems Project Engineer John Mulkey, Street Systems Project Engineer Brian Roberts, Contract Planner Jim Harris, Building Official Lee Bailey, Senior Planner Deb Barker, Deputy City Attorney Aaron Walls, Development Services Manager Will Appleton, Deputy Public Works Director Ken Miller, Senior Planner Janet Shull and Administrative Assistant II Darlene LeMaster. 1. CALL TO ORDER Committee Chair Kochmar called the meeting to order at 5:30 PM. All members were present. 2. APPROVAL OF MINUTES The June 16, 2008 LUTC meeting minutes were approved. Moved: Ferrell Seconded: Duclos Passed: Unanimously, 3-0 3. PUBLIC COMMENT The following public comment related to Item A,“Sign Code” on the agenda. Marilyn Gates, 31604 7th Place SW, Federal Way – Ms. Gates confirmed that Council is in possession of her proposal from the July 1 Council meeting. Ms. Gates acknowledged quality customer service in dealing with the City, specifically to Cary Roe and Brook Lindquist. Ms. Gates commented that it appears that civic functions are severely affected by our current sign code. How will the public get informed of some of the civic functions that are offered? Couldn’t temporary signage for civic and political agendas be considered? Ms. Gates asked Committee Chair Kochmar to consider going back to the former sign code enforcement practices until this issue can be resolved. Sam Pace, Board of Realtors, 29839 154th Ave SE, Kent – Mr. Pace distributed suggestions for the proposed sign code amendment language. Council has the discretion to amend the sign code so that it will coincide with the first objective in our existing sign code. Mr. Pace believes the City’s current sign code to be very problematic. Bob Kellogg, Federal Way Kiwanis – Mr. Kellogg has recently put out signs for the Kiwanis Salmon Bake and for the Federal Way Famer’s Market. Roughly one third of these signs have been removed by sign code enforcement. Mr. Kellogg has been putting signs out for years and has in good faith made every attempt to place the signs according to the sign code as he understands it. Each year it is getting more and more difficult to put out signs. Mr. Kellogg requests a better understanding of how to determine the proper location for sign placement and hopes that staff will address that in their presentation. Maureen Donhauser, Realtor, 416 SW 346th Place, Federal Way – Ms. Donhauser is also frustrated with the current sign code and feels something needs to change. It would be in all party’s interest. She hopes this issue will be resolved sooner than later. Additional public comment: Namcy Combs, 30441 21st Ave SW, Federal Way – Ms. Combs feels that signage is inconsistent throughout the city. She has observed businesses go out of business because they couldn’t display the proper signage to bring in business. Next, Ms. Combs transitioned from signs to stop signs and her continued effort to get a four-way stop at 21st Ave SW and SW 304th St. Land Use/Transportation Committee Page 2 July 7, 2008 G:\LUTC\LUTC Agendas and Summaries 2008\7-07-08 Minutes.doc James Madison, Federal Way – Mr. Madison arrived late in the meeting and was offered an opportunity to comment. Mr. Madison requests that no final approval be given to the Chi Kim Short Plat until the detention pond is 100% complete. 4. BUSINESS ITEMS A. Sign Code Greg Fewins and Lee Bailey provided background information on this item. Staff acknowledged that there is a perception from the public that the City has increased sign enforcement, although that is not the case. Mr. Fewins reviewed the part of the code that this issue relates to, Chapter 22, Section 1600 “Prohibited Signs.” Mr. Bailey presented slides depicting a variety of examples of legal and illegal signage per our sign code and explained the sign pick up procedure. King County realtors have been mailed detailed instructions on sign placement and how to determine the utility corridor (public right of way). Committee Member Duclos commented that based on prior comment, the City’s policy for sign pick up is much more difficult than it claims to be. Committee Member Duclos inquired as to how the $5 sign pick up fee was implemented. Staff did not have that information available at this time. Committee Member Ferrell inquired on open house signs and any outreach that has been provided to the real estate companies. Mr. Bailey responded “Open House” signs seem more prevalent, probably due to current market trends. Open house signs are not being targeted. The City does not remove illegally placed signs on evenings or weekends, the time when most open houses are occurring. Mr. Fewins added that a few years ago, Council built a provision into the code for open house signs stating that as many as ten signs would be allowed per event; however, placement was not allowed in the public right of way. Committee Member Ferrell asked if staff had stepped up sign enforcement. Mr. Fewins responded that the City provides “content neutral enforcement:” and does not target any particular signs. Committee Member Duclos spoke on behalf of citywide civic events: Kiwanis Salmon Bake, Farmers Market, Knutsen Theatre, etc…If we can’t easily discern what is a properly placed sign, how can we expect others to? In order to place signs per the sign code, the signs would be so far back off the road, they would not be visible to drivers driving by. This effects more than realtors. Committee Member Duclos is in favor of time allowances for signs for special events. Committee Chair Kochmar wants to see the following aspects of the sign code examined: Equality for all signs; the constitutional right to freedom of speech; $5 fine – there needs to be an exemption made for good faith effort on sign placement; clearer instructions on sign placement and determining the boundaries of the public right of way; make sure our contracted maintenance and our own crews understand the code, temporary signage provisions, and, ways to identify owner of signs. Committee Chair Kochmar requested staff coordinate with Tacoma and Pierce Co. on the language in their sign codes as well as construct a matrix, comparing Federal Way to other neighboring cities. Committee Chair Kochmar also requested that staff look at the possibility of revising the code to allow for signage (ie. Banner) across a main arterial in the City Center for large events. Committee Chair Kochmar invited any additional public comment on this issue at the end of the presentation. Mr. Fewins asked for clarification on the direction that staff needs to be going. Committee Chair Kochmar asked staff to put into action those items that can be done quickly without a code amendment and then, come back to the next LUTC meeting with suggestions for code amendments to the sign code. Mr. Fewins states the City remains very conservative on the signs they pick up and staff will work with Vadis (contracted litter control service) to make sure the sign code is understood and that signs are not inadvertently removed. Committee Member Duclos suggested encouraging those individuals effected or impacted by the current sign code to work with staff on possible solutions. Deputy City Attorney Walls gave a brief overview of case law. The initial focus is on the government interest at stake, then making certain the City stays content neutral. The sign code has a purpose section. The purpose behind the code is to eliminate visual clutter, provide for the health and safety of all pedestrians and drivers, and prevent obstruction in the public right of way. The code should be written in a way that is enforceable. Enforcement should be clear and easy to follow by all parties. Land Use/Transportation Committee Page 3 July 7, 2008 G:\LUTC\LUTC Agendas and Summaries 2008\7-07-08 Minutes.doc Sam Pace- Mr. Pace spoke on how he appreciates what the Committee says about too many signs; however that is not what the Constitution says. The Constitution says that all people have a right to reach willing listeners. A city cannot attempt to shut down free speech. Case law supports this. “Right of way” is not a legal picture. Right of way is a legal description on a legal document. Mr. Pace has provided suggestions for code language. The code language should take into consideration what is really wanted; then it can be more effectively enforced. A summary matrix of both onsite and offsite sign code provisions for all cities in King, Pierce and Snohomish Counties is available at www.nwrealtor.com. Staff may find this helpful. Karla Collabag, Federal Way Farmers Market – Ms. Collabag did not receive the same legible version of what was sent to realtors in regard to sign placement; rather a crude version that was very difficult to figure out. Requesting clear instructions seems reasonable especially since permit fees have been paid in order to place signs. Mr. Fewins commented that it is not that the sign code can’t allow the signs that have been discussed; the current sign code does not allow them. In order to move forward and allow for some of these signs, code amendments will need to be made. The sign part of this is secondary to the main issue of how does Council want to address from a policy standpoint, the use of public right of way. Committee Member Ferrell asked if Mr. Fewins knew of any neighboring cities that allow signage in the public right of way. Mr. Fewins responded that this information has been gathered and he will present it at the July 21, 2008 LUTC meeting. Mr. Fewins also noted that careful thought needs to go into making the policy choice of allowing signs in the public right of way. Bob Kellogg – Mr. Kellogg requests a meeting with Mr. Fewins tomorrow (July 8, 2008) to go out in the field and be shown exactly what is wrong with some of the sign placement for the Kiwanis Salmon Bake. There was no action taken. This item was for information only. B. Setting Public Hearing Date for the Vacation of a Portion of South 320th Street John Mulkey provided background information on this item. Wally Costello of Quadrant Homes introduced himself as the developer requesting the vacation. There was no further discussion. Moved: Duclos Seconded: Ferrell Passed: Unanimously, 3-0 Committee PASSED Option 1 to the September 2, 2008 City Council Public Hearing Agenda for approval. C. Grant Funding for Transportation Improvement Projects Brian Roberts provided background information on this item. Committee Member Ferrell asked for a more detailed explanation on the funding. Mr. Roberts outlined the current funding status of the project, what funding has been secured, funding that has or will be applied for, and what the City’s share of the project will be. Moved: Duclos Seconded: Kochmar Passed: Unanimously, 3-0 Committee PASSED Option 1 to the July 15, 2008 City Council Consent Agenda for approval. D. 2009-2014 Transportation Improvement Plan (TIP) Rick Perez provided background information on this item. There was no discussion. Moved: Duclos Seconded: Ferrell Passed: Unanimously, 3-0 Committee PASSED Option 1 to the August 5, 2008 City Council Public Hearing Agenda for approval. E. Brighton Park Final Plat Resolution Deb Barker provided background information on this item. There was no discussion. Moved: Ferrell Seconded: Duclos Passed: Unanimously, 3-0 Committee PASSED approval of Brighton Park Final Plat to the July 15, 2008 City Council Consent Agenda for approval. Land Use/Transportation Committee Page 4 July 7, 2008 G:\LUTC\LUTC Agendas and Summaries 2008\7-07-08 Minutes.doc F. S 320th Place Preliminary Plat Small Lot Demonstration Jim Harris provided background information on this item. Committee Chair Kochmar asked if there will be compensatory wetlands on this site. Mr. Harris explained that wetland area is to be filled in two spots. Another low-grade wetland will be enhanced to increase the ecological values of the wetland Wally Costello of Quadrant Homes was present to answer any questions. He complimented Mr. Harris on his presentation and reviewed the area of the street vacation request. Moved: Duclos Seconded: Ferrell Passed: Unanimously, 3-0 Committee PASSED Option 1 to the July 15, 2008 City Council Consent Agenda for approval. G. Federal Way Village Rezone Ordinance Amendment Janet Shull provided background information on this item. The applicant, John Potter, was present to answer questions of which there were none. There was no discussion. Moved: Ferrell Seconded: Kochmar Passed: Unanimously, 2-0 Committee Member Duclos recused herself. Committee PASSED Option 1 to the August 5, 2008 City Council Ordinance Agenda for a first reading. 5. FUTURE MEETING The next regularly scheduled LUTC meeting will be held July 21, 2008 at 5:30 PM. As a result of last minute public testimony by Federal Way resident James Madison, the Committee (LUTC) requested an informational staff report on the status of the water detention pond at the Chi Kim Short Plat site be added to the July 21, 2008 LUTC meeting agenda. 6. ADJOURN The meeting adjourned at 7:11 PM.