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LUTC MINS 07-21-2008G:\LUTC\LUTC Agendas and Summaries 2008\7-21-08 Minutes.doc City of Federal Way City Council Land Use/Transportation Committee July 21, 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, Council Member Jeanne Burbidge, Mayor Jack Dovey, Assistant City Manager/Chief Operations Officer/Emergency Manager Cary Roe, City Staff Attorney Monica Buck, Director of Community Development Services Greg Fewins, Acting Deputy Public Works Director Marwan Salloum, Deputy Public Works Director Ken Miller, 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: Duclos Seconded: Ferrell Passed: Unanimously, 3-0 3. PUBLIC COMMENT The following public comment was received: Nancy Combs, 30441 21st Ave SW, Federal Way – Ms. Combs commented on the need for a four-way stop at 21st Ave SW and SW 304th St. Bob Kellogg, Federal Way Kiwanis – Mr. Kellogg has recently put out signs for the Kiwanis Salmon Bake. He now realizes that staff has not removed these signs; rather, the signs have been stolen. Of the 50 signs put up, only 10 remain. Mr. Kellogg wants to know if there is a provision in place that protects groups that put out signs as a service to the community. How does the City deal with sign theft? ACM Roe will follow up with Mr. Kellogg and give assistance. Committee Chair Kochmar recommended and Committee Member Duclos supported that a letter to the editor be published concerning the legality of taking signs. Mayor Dovey asked if all signs that appear to be in the right of way are removed. ACM Roe explained that staff removes only those signs that are without a doubt, in the public right of way. Any signs that are questionable are left. Janet Holmes, Federal Way – Ms. Holmes wanted to voice her opinion about the need for a four-way stop at 21st Ave SW and SW 304th Street. Ms. Holmes primary concern is for the safety of the children of that neighborhood, walking to and from school. Tom Heunisch, S 293rd St, Federal Way – Mr. Heunisch would like the City to take over the maintenance of private storm systems. On a separate note, Mr. Heunisch has noticed that signs have been dumped down the slope off of 1st Ave S and SW 292nd Street. 4. BUSINESS ITEMS A. Kim Short Plat Ken Miller provided background information on this item. Committee Member Ferrell asked about the status of installing colored slats in the chain-link fence and if Mr. Madison had been informed of the progress. What, if any, was his response? Mr. Miller answered that although he hasn’t spoken to Mr. Madison directly, Mr. Madison has been informed and is satisfied with the outcome. The detention pond is complete with the exception of the slats. ACM Roe confirmed Mr. Madison’s knowledge of the detention pond completion and the black slats to be installed in the fencing. There was no action taken. This item was for information only. Land Use/Transportation Committee Page 2 July 21, 2008 G:\LUTC\LUTC Agendas and Summaries 2008\7-21-08 Minutes.doc B. Sign Code Greg Fewins provided background information on this item. Committee Member Ferrell asked for confirmation on the following: Signs placed in advance of 30 days prior to or 5 days after a public event would be illegal? Do people need permission from private property owners to place signs? Mr. Fewins answered “yes” to both questions. Committee Member Ferrell felt it would be a hardship to those needing to get permission from private property owners. Committee Member Duclos asked if staked signs would be prohibited in the public right of way. Mr. Fewins answered, “yes”. Committee Chair Kochmar suggested organizing a stakeholder group. Although Mayor Dovey would prefer to really look into the sign code issue and understand everything before the Council acts upon it, Committee Member Duclos feels that we should make administrative changes now. Committee Member Ferrell said the bottom line to this issue is really placing signs in the public right of way, and the right of way indirectly belongs to the people of the City. Committee Member Ferrell feels that signage should be allowed in the public right of way, based on reasonable limitations; to do otherwise would infringe on people’s freedom of speech. Committee Member Duclos commented that a precedent has been established to put signs in the right of way and feels an obligation to answer the public. Councilmember Burbidge is in favor of banners over the public right of way and also feels an obligation to find a solution acceptable to the public. Committee Member Ferrell wants to really examine what other cities do for signage in the right of way. A few minutes was spent looking over an exhibit of the agenda item (provided by Sam Pace) titled “Regulation of Residential (Single-Family) Real Estate Signs”. Committee Member Ferrell inquired as to why staked signs would not be allowed in the public right of way. Both Mr. Fewins and ACM Roe commented that there is irrigation along the right of way and stake signs can puncture the irrigation lines. Mr. Fewins added that A-frame signs are being considered for placement in the public right of way, while stake signs would be allowable on private property. Public Comment: Nancy Combs, 30441 21st Ave SW, Federal Way – Ms. Combs commented that she does not like the clutter of signs. Also, what about garage sale signs? Mr. Fewins answered that garage sale signs must also abide by the sign code or they risk being removed. Marilyn Gates, 31604 7th Pl SW, Federal Way – Ms. Gates re-read her suggestions, previously presented at both Council and LUTC meetings. Sam Pace, 29839 154th Ave SE, Kent – Mr. Pace stated his opinion that signs should be allowed in the public right of way and supported his opinion by referencing case law. Mr. Pace also noted some other points: • Realtors are allowed up to ten open house signs; however, through restrictions, most of these signs are taken away. • The City should not require a sign permit for signage in the right of way. Mr. Pace claims that no other city in King Co. requires a permit. • Mr. Pace is in favor of signage in the right of way between sunrise and sunset, because that is when an open house would be occurring anyway. • The City could be liable if they were to remove signs from private property. Mr. Fewins continued by presenting staff’s recommendations. Mr. Fewins also asked for clarification from the Committee to make sure staff was proceeding with this item as directed. After much conversation surrounding the many possible routes to take, it was decided to make administrative changes now and draft a sign code amendment allowing for signage in the public right of way, following reasonable guidelines and/or restrictions. Committee Chair Kochmar suggested a public stakeholder group might include representation from the Federal Way Chamber of Commerce, service club members (ie. Kiwanis), South King Co. Realtors, etc. Mr. Fewins asked what should be the priority of drafting a sign code amendment as this will impact the 2008 work plan of the Planning Commission. The Committee directed Mr. Fewins to mover the sign code amendment to the top of the priority list of the Planning Commission’s 2008 Work Plan. Land Use/Transportation Committee Page 3 July 21, 2008 G:\LUTC\LUTC Agendas and Summaries 2008\7-21-08 Minutes.doc The committee made two separate motions: 1. Forward the “LUTC Administrative Changes” as presented by staff and further explore general access to the general right of way with reasonable restrictions to the August 5, 2008 Council Business Agenda for approval. 2. Direct staff to prepare a code amendment to allow A-frame signage in the public right of way as presented by staff in the “Summary of Performance Standards” to the August 5, 2008 Council Business Agenda for approval. Moved: Duclos Seconded: Ferrell Passed: Unanimously, 3-0 Committee PASSED Option 1 to the August 5, 2008 City Council Business Agenda for approval. C. Steel Lake Maintenance North Parking Lot Paving Project Award Ken Miller 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 Consent Agenda for approval. D. Department of Ecology Interlocal Agreement for Sea Lettuce Removal in Dumas Bay Ken Miller provided background information on this item. Committee Member Duclos inquired as to how the sea lettuce is removed. Mr. Miller responded that this is a pilot project. There are a couple of methods for collecting. The sea lettuce will be removed and studied for possible other uses, such as fuel. Athough a collection method has not been finalized, the methods being considered will have the least impact to the environment as possible. Mr. Miller added that staff is monitoring Dumas Bay on a regularly scheduled basis for increasing amounts of sea lettuce as well as odor. Council Member Burbidge thanked staff for their efforts in securing funding for this project and asked that Council be kept updated as this project continues. 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. Private Storm Drainage Improvemetns and Maintenance Responsibility Ken Miller provided background information on this item. Mr. Miller stated that there is not much information available on private residential stormwater systems. Committee Chair Kochmar asked if private systems could be dedicated to the City as a way to be maintained by the City. Committee Member Ferrell voiced that the liability and exposure of this idea could be a concern. Public Comment: Tom Heunisch, S 293rd St, Federal Way – Mr. Heunisch asked if the City would consider taking over private stormwater systems if they met certain criteria. Mr. Heunisch also feels there is argument for this from a taxpayer’s standpoint as well. In the case of his particular stormwater system, the system has been recently serviced and paid for by the property owners. If the City took over maintenance, the cost for annual upkeep would be minimal. Committee Member Ferrell asked for specifics on cost. Mr. Heunisch said they paid between $2K and $3K to recently have the system serviced. Future maintenance would be between $600- $700 annually. Committee Kochmar asked staff about having residents contract with the City for private system maintenance. Mr. Miller responded that the City contracts out itself for services as the City does not have its own equipment. Mr. Miller will follow up with Mr. Heunisch and get contact information for contractors providing stormwater maintenance services to him. Committee Members Ferrell and Kochmar asked staff to work with Mr. Heunisch to help resolve his problem. Committee Member Duclos recused herself. Moved: Kochmar Seconded: Ferrell Passed: Unanimously, 2-0 Duclos recused. Committee approved Option 1. The City will not change its existing policy concerning the maintenance of private storwater systems. This item does not go forward. Land Use/Transportation Committee Page 4 July 21, 2008 G:\LUTC\LUTC Agendas and Summaries 2008\7-21-08 Minutes.doc 5. FUTURE MEETING The next regularly scheduled LUTC meeting will be held August 4, 2008 at 5:30 PM. 6. ADJOURN The meeting adjourned at 7:51 PM.