Loading...
HomeMy WebLinkAboutCOW 2006-09-11 COMPLETE AGENDA PACKET w g s y Tukwila City Council Agenda .2 COMMITTEE OF THE WHOLE :c: 4 0, iii JD f Steven M. Mullet, Mayor Councilntentbers: Joe Duffie Joan Hernandez Rhonda Berry, City Administrator Pam Carter Jim Haggerton 190$ Dennis Robertson, Council President Pamela Linder Verna Griffin Monday, September 11, 2006; 7:00 PM Tukwila City Hall; Council Chambers 1. CALL TO ORDER PLEDGE OF ALLEGIANCE 2. CITIZEN At this time, you are invited to comment on items not included COMMENT on this agenda (please limit your comments to five minutes). To comment on an item listed on this agenda, please save your comments until the issue is presented for discussion. 3. SPECIAL a. Fire Station #52 Restroom Project Bid Award. Pg. 3 ISSUES b. Re- enactment of Adult Entertainment Ordinance. Pg. 11 (Please bring notebooks that were provided separately.) c. Wireless Telecommunications Chapter Briefing. Pg. 21 d. Council 2007 Budget and Goals. Pg. 71 4. REPORTS a. Mayor c. Staff e. Intergovernmental b. City Council d. City Attorney 5. MISCELLANEOUS 6. EXECUTIVE SESSION 7. ADJOURNMENT Tukwila City Hall is wheelchair accessible. Reasonable accommodations are available at public hearings with advance notice to the City Clerk's Office 206 433- 1800ITDD 206 248 -2933. This notice is available at www.ci.tukwila.wa.us and in alternate formats with advance notice for those with disabilities. Tukwila Council meetings are audio taped. COUNCIL A SYNOPSIS e JAW w9 y rti Tnitiaf ITEM NO. a Meiling Dale Pr ar d by 1iz or' nth Cnar j:l review u 9/11/06 PBS4ffl A�11JaP i 1/,�' 9/18/06 C� i i ITEM INFORMATION I CAS NUMBER: 06-103 I ORIGINAL AGENDA DATE: SEPTEMBER 11, 2006 AGENDA ITEM TITLE Bid Award for the Fire Station #52 Female Restroom Project CATEGORY Discussion Motion Resolution Ordinate Bid Award Public Heating Other Mtg Date 9/11/06 3Ug Daft ix Date Mfg Date MQ Dote 9/18/06 Mtg Date Aitg Date I SPONSOR Council t1f jor Adm Svcs DCD Finance Fire Legal P&R Police PIT'/ I SPONSOR'S Three contractors were solicited for bids through the Small Works Roster and Corsair SUMMARY Construction submitted the lowest bid on August 14, 2006. The bid of $37,563.20 includes building a separate female restroom and shower area within the existing Fire Station #52. References indicate that Corsair has performed well on similar type projects and are currently under contract for the Council Chamber remodel. REVIEWED BY COW Mtg. CA &P Cmte F&S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DATE: 8/28/06 RECOMMENDATIONS: SPoNsoR /ADM IN. Award contract to Corsair Construction. CON nTTEE Unanimous approval, forward to COW. COST IMPACT FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGE! ED APPROPRIATION REQUIRED $37,563.20 $50,000.00 Fund Source: 303 Facilities (page 72, 2006 CIP) Comments: MTG. DATE 1 RECORD OF COUNCIL ACTION 9/11/06 1 1 9/18/06 1 I MTG. DATE I ATTACHMENTS I 9/11/06 1 Information Memo dated August 16, 2006 1 Short Form Contract 1 Transportation Committee Meeting Minutes from August 28, 2006 I I 1 9/18/06 1 1 I 1 JNFORMATION MEMO To: Mayor Mullet From: Public Works Director) Date: August 16, 2006 Subject: Fire Station #52 Female Restroom Proiect Project No. 06 -BG10 BID AWARD ISSUE Award the bid for the Fire Station #52 Female Restroom project. BACKGROUND Tukwila Fire Department has requested that a separate female restroom and shower area be built within the existing Fire Station #52 structure. Fire Station #52 has one shower area located inside the male restroom and locker area. Firefighters assigned to this station have all been male in the past. However, temporary assignments of females to this station have created concerns. To be able to assign female firefighters to this station necessitates the construction of a separate gender specific restroom and shower facility ANALYSIS/WORK PLAN In 2006, we retained the architectural services of Wayne Ivary Architects and Associates to develop plans to utilize a portion of the existing dorm area for the new restroom. ACTION TAKEN Contractors from the Small Works Roster as well as other qualified vendors met on location on July 20 to review the project. Three (3) bids were received and opened on August 14, with the apparent low bid of $34,525 submitted by Corsair Construction, Inc. The other two included Crown Construction at S45,563 plus tax and DP, Inc., at 562,284 72 plus tax. We have reviewed the bids, notified the apparent low bidder of their opportunity to claim error within 24 hours, which they have declined, and checked the low bidder's references. Corsair Construction is currently under contract for the Council Chambers Remodel project. The estimated cost of S37,563.20, including sales tax, is budgeted in the 303 Fund, which has adequate funds for construction. BUDGET AND BID SUMMARY Bid Results Budget Bid Amount 34,525.00 Sales Tax 8.8% 3,038.20 Subtotal 37,563.20 Contingency 10% 3.452.50 Total 41.015.70 50,000.00 RECOMMENDATION Award the contract for construction of Fire Station 1152 Female Restroom to Corsair Construction, Inc., in the amount of 537,563.20. RR:ad attachment: Short Form Contract Scope of Work will be available at the 8/28/06 Transportation Committee meeting. (ra .u'A -ec FEj.,“6 -1%10 Avs3 TC Yn) 1. CITY OF TUKWILA Short Form Contract Contractor/ Vendor Name: Corsair Construction Project No. 06-BG 10 Address: P.O- Box 66945 Burien, \Vashington 98166 Budget Item: 303.00.594.190.41.41 Telephone: 206 248 -7974 Project Name: Fire Station 52 ADA Bathroom Please initial all attachments, then sign and return copies one and two to: City of Tukwila, Facility Department, 6200 Souticenter Boulevard, Tukwila, Washington 98188. Retain copy three for your records until a fully executed copy is returned to you. AGREEMENT This Agreement, made and entered into this 15 day of August 2006. by and between the City of Tukwila, hereinafter called the City, and Corsair Construction hereinafter called the Contractor. The City and the Contractor hereby agree as follows: L SCOPE OF WORK Build one restroom at Fire Station 52 for female firefighters, meeting ADA specifications as outlined in the following attachment A. City of Tukwila, Alternations to Fire Station?: 52 2. TIME OF COMPLETION The work shall be commenced October 2` and be completed no later than November 5th. 3. CONTRACT SUM The City shall pay the Contractor for the performance of the work the sum of S 34.525.00 plus applicable Washington State sales tax. 4. PAYMENTS The City shall make payments on account of the contract at completion of project. 5. ACCEPTANCE AND FINAL PAYMENT Final payment shall be due 30 days after completion of the work, provided the contract is fully performed and accepted. 6. GENERAL CONDITIONS The City and the Contractor agree upon the following general conditions which shall govern: A. Contract Documents The contract includes this Agreement, Scope of Work and Payment Exhibit. The intent of these documents is to include all labor, materials, appliances and services of every kind necessary for the proper execution of work, and the terms and conditions of payment therefore. The documents are to be considered as one, and whatever is called for by any one of the documents shall be as binding as if called for by all. The Contractor agrees to verify all measurements set forth in the above documents and to report all differences in measurements before commencing to perform any work hereunder. -I- B. Materials, Appliances and Employees Except as otherwise noted, the Contractor shall provide and pay for all materials, labor, tools, water, power and other items necessary to complete the work. Unless otherwise specified, all material shall be new, and both workmanship and materials shall be of good quality Contractor warrants that all workmen and subcontractors shall be skilled in their trades. C. Surveys, Permits and Regulations The City shall furnish all surveys unless otherwise specified. Permits and licenses necessary for the prosecution of the work shall be secured and paid for by the Contractor. Easements for permanent structures or permanent changes in existing facilities shall be secured and paid for by the City unless otherwise specified. The Contractor shall comply with all laws and regulations bearing on the conduct of the work and shall notify the City in writing if the drawings and specifications are at variance therewith. D. Protection of Work, Property and Persons The Contractor shall adequately protect the work, adjacent property and the public and shall be responsible for any damage or injury due to his act or neglect. E. Access to Work The Contractor shall permit and facilitate observation of the work by the City and its agents and public authorities at all times. F Changes in the Work The City may order changes in the work, the contract sum being adjusted accordingly All such orders and adjustments shall be in writing. Claims by the Contractor for extra cost must be made in writing before executing the work involved. G. Correcting of Work The Contractor shall re- execute any work that fails to conform to the requirements of the contract and that appears during the progress of the work, and shalt remedy any defects due to faulty materials or workmanship which appear within a period of one year from date of completion of the contract and final acceptance of the work by the City unless the manufacturer of the equipment or materials has a warranty for a longer period of time, which warranties shall be assigned by Contractor to City The provisions of this article apply to work done by subcontractors as well as to work done by direct employees of the Contractor. H. Owner's Right to Terminate Contract Should the Contractor neglect to prosecute the work properly, or fail to perform any provision of the contract, the City, after seven days' written notice to the contractor, and his surety, if any, may without prejudice to any other remedy the City may have, make good the deficiencies and may deduct the cost thereof from the payment then or thereafter due the Contract or, at the City's option, may temlinate the contract and take possession of all materials, tools, appliances and futish work by such means as the City sees fit, and if the unpaid balance of the contract price exceeds the expense of finishing the work, such excess shall be paid to the Contractor, but if such expense exceeds such unpaid balance, the Contractor shall pay the difference to the City. I. Payments Payments shall be made as provided in the Agreements. Payments otherwise due may be withheld on account of defective work not remedied, liens filed, damage by the Contractor to others not adjusted, or failure to make payments properly to the subcontractors. J. Contractor's Liability Insurance Contractor will carry public liability and property damage insurance with carriers satisfactory to the City, in the following amounts: S50,000 property damage 500,000 public liability (each person) SI,000,000 public liability (each occurrence) with endorsements naming the City as an additional insured and will provide the City with certificates of insurance prior to start of construction and with 30 days notice prior to cancellation. -2- K. Performance Bond The Contractor shall furnish to the City prior to start of construction a performance bond in an amount of 100% of the contract in a form acceptable to the City In lieu of bond for contracts less than 525,000, the City may, at the Contractor's option, hold 5% of the contract amount as retainage for a period of 30 days after final acceptance or until receipt of all necessary releases from the Department of Revenue and the Department of Labor and Industries and settlement of any liens, whichever is later. L. Liens The final payment shall not be due until the Contractor has delivered to the City a complete release of all liens arising out of this contract or receipts in full covering all labor and materials for which a lien could be filed, or a bond satisfactory to the City indemnifying the City against any lien. M. Separate Contracts The City has the right to let other contracts in connection with the work and the Contractor shall properly cooperate with any such other contracts. N. Attorneys Fees and Costs In the event of legal action hereunder, the prevailing party shall be entitled to recover its reasonable attorney fees and costs. O. Cleaning Up The Contractor shall keep the premises free from accumulation of waste material and rubbish and at the completion of the work he shall remove from the premises all rubbish, implements and surplus materials and leave the building broom clean. P Indemnification The Contra, ctor shall indemnify, defend and hold harmless the City, its officers, agents and employees, from and against any and all claims, losses or liability, including attorney's fees, arising from injury or death to persons or damage to property occasioned by an act, omission or failure of the Contractor, its officers, agents and employees, in performing the work required by this Agreement. With respect to the performance of this Agreement and as to claims against the City, its officers, agents and employees, the Contractor expressly waives its immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, for injuries to its employees and agrees that the obligation to indemnify, defend and hold harmless provided for in this paragraph extends to any claim brought by or on behalf of any employee of the contractor. This waiver is mutually negotiated by the parties. This paragraph shall not apply to any damage resulting from the sole negligence of the City, its agents and employees. To the extent any of the damages referenced by this paragraph were caused by or resulted from the concurrent negligence of the City, its agents or employees, this obligation to indemnify, defend and hold harmless is valid and enforceable only to the extent of the negligence of the Contractor, its officers, agents, and employees. Q. Prevailing Wages The Contractor shall pay all laborers, workmen and mechanics the prevailing wage and shall file the required "Statement of Intent to Pay Prevailing Wages" in conformance with RCW 39.12.040. R Discrimination Prohibited The Contractor shall comply with all Equal Employment Opportunity regulations and shall not discriminate against any employee, applicant for employment, or any person seeking the services of the Contractor on the basis of race, color, religion, creed, sex, age, national origin, marital status or the presence of any sensory, mental or physical handicap. -3- IN WITNESS WHEREOF, the parties hereto executed this Agreement the day and year first above written. CITY OF TUKWILA By� By: g nanve Sigature £55,/ Printed Name: Printed Name: Title: Title: (JAZ Date: Date: 7/S 6 ATTEST /AUTHENTICATED: Jane E. Cantu, CMC, City Clerk APPROVED AS TO FORM: Office of the City Attorney BY Transportation Committee August 28, 2006 5:00 p.m. Present: Joe Duffle, Chair; Pam Carter, Joan Hernandez, council members. Jim Morrow, Director of Public Works; Frank Iriarte, Deputy Director; Bob Giberson, Acting City Engineer; Gail Labanara, Public Works Analyst; Cyndy Knighton, Senior Engineer; Nick Olives, Fire Chief; Caroline Brabrook, HNTB Corporation; Chuck Parrish, community member; and Diane Jenkins, Administrative Assistant to, the Council. Business Agenda A. KlickitatfTukwila Urban Center Access Improvement Project Update Ms. Cyndy Knighton reported that staff has been working toward a design to improve traffic conditions at the Klickitat Drive/Southcenter Parkway intersection. HNTB was selected in 2005 as an engineering consultant for this project. She conveyed that 60% of the design is now complete and 100% design should be complete by the end of September She pointed out that Westfield was given an option to pay for a °slip ramp" as well as a dropped pedestrian walkway, estimated at $1.5 million. Westfield informed staff that they are declining this option. Mr Duffle asked why Westfield declined. Ms. Knighton conveyed that it was an economical decision. Many of the design options will be incorporated throughout the Tukwila Urban Center and other areas of the City to provide a coordinated design. Ms. Carter asked about the pedestrian walkway. Ms. Knighton noted that the sidewalks would remain in similar location, however, they will be widen to 6 -10 feet, narrower at some points due to physical constraints and need to maintain parking. Westfield does not have sufficient parking, which is why they contributed $500,000 to the Tukwila Transit Center project (in order to get approval of the reduced parking spaces). Ms. Hemandez asked if the slip ramp could be installed at a later date. Ms. Knighton said that was possible, but it would be costly. Ms. Knighton noted that it is preferred that construction would begin next year, prior to other major regional construction activities occurring, but a 2008 construction date is still possible. Ms. Knighton related that they will be submitting a Transportation Improvement Board (Tl8) Application for a $5 million grant Also, work will begin on the formation of LID (Local Improvement District) to help fund this project. Ms. Hernandez asked why the city's operating budget showed_$1 million negative amount in the years 2008 and 2009. Ms. Knighton replied that because of Hurricane Katrina, there was a reduction of 15% from original grant awards and the funds will be spread out over 5 years, so the City will forward fund part of the grant dollars and it shows a negative balance because the City will be paying itself back. Discussion only. 8. Fire Station #52 Female Restroom Project Bid Award Mr Nick Olives, Fire Chief, conveyed that a separate female restroom and shower area is required at Fire Station #52. They currently only have one shower area located inside the male restroom and locker area. The architectural services of Wayne Ivary Architects and Associates were retained to develop plans to utilize a portion of the existing dormitory area for the new restrooms. Corsair Construction, currently performing the work for the Council Chambers remodel project, submitted the apparent low bid. Fire station #51 and #53 can accommodate both genders. As Corsair is currently remodeling the Council Chambers, Ms. Hernandez asked when the Council Chambers would be complete. Mr Marrow noted that the cabinets should be delivered September 14 and the project completed by the end of October Unanimous approval. Forward to Committee of the Whole then to Regular Council. C. 2006 Second Quarter Report The Second Quarter Report for the Public Works Department was presented. Ms. Hernandez asked when the card access system would be implemented. Mr Morrow replied that administrative services will be printing the new identification cards. Ms. Carter inquired about the maintenance tracking system being used. Mr Brodin noted that this is an in -house database. They are tracking maintenance of vehicles and equipment Information will be shared at an upcoming Transportation Committee on the condition of the fleet. Some vehicles are no longer on the depreciation schedule and are costly to maintain. information. New Business Ms. Carter inquired about the TIB bus shelter located across the Neighborhood Resource Center which has been dosed for months and asked that contact information be provided at all bus shelters. Mr. Morrow noted that Seattle City Light should be able to remove the pole by the end of the month and the shelter would re -open. Also, he will have maintenance staff check on the status and make improvements to provide contact information for Metro. The city is responsible to maintain the bus shelters on TIB. Mr Morrow provided an update on an incident which occurred last week at the Sound Transit Construction site on $2 Ave. S. The police are conducting an investigation of a noise complaint; the contractor went beyond the 10:00 p.m. noise variance due to alleged safety concems. Also, someone tumed off the light plant which posed a safety risk and endangered workers on the site. He continued and pointed out that today the gantry was moved and the Johnson Braund Building was evacuated. Ad 5:45 p.m. t Committee Chair Approval ;Minutes by DJ, Reviewed by GL and OK. COUNCIL AGENDA SYNOPSIS r lln. Wqs y ITEMNO, a )g) Aketiiz Dale I Pr rd ht I Mer,or's rri7A) I co:era1 r:i:d 0 v in 't i iZ I 9/11/06 I JP 14 c lli I I I I I 190E I I I I 3 b I I i I ITEM INFORMATION CAS NUMBER 06-104 I ORIGINAL AGEND A. DA 1E: 9/11/06 AGENDA ITEM TITLE Review of the Adult Entertainment Record CATEGORY Discussion Motion Raolution Ordinance Bid Award Public Hearing Other Mtg D&L 9 /11/06 hg Date Vtg Date lfrg Date Mtg Date Mtg Date Mtg Date I SPONSOR Council tlfa)'or Adrn Sts DCD Finance 9 Fire Le Pdtt Polir? PIV I SPONSOR'S The Planning Commission recently reviewed the City's adult entertainment zoning SU\LIIARY provisions for possible negative secondary effects as part of the City's process for reviewing and supplementing the City 's code. At this time Staff is not recommending any substantive zoning code changes and requests an adoption of the record to support the existing regulations. REVIEWED BY COW Mtg CA &P Cmte F&S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DATE: August 24, 2006 RECOMMIENDATIONS: SPONSOR /ADMIN. Jack Pace 1 COMMITTEE COW COST IMPACT FUND SOUR CE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED -0- 0 Fund Source: NA Comments: MTG. DATE RECORD OF COUNCIL ACTION 9/11/06 MTG. DATE= ATTACHMENTS 9/6/06 Information Memo from Jack Pace dated September 6, 2006 Planning Commission Minutes dated August 24, 2006 Staff Report to the Planning Commission dated August 11, 2006 Legislative Record (notebook) distributed separately. 1 1 w o z' City of Tukwila 1.' G) S Steven M. Mullet Mayor it n 1 c �n s D e paltnzent of Community Development Steve Lancaster, Director 1908, TO Mayor Mullet Councilmenbers FROM: Jack Pacl DATE. September 6, 2006 RE. Review of the Adult Entertainment Record Issue Whether the City should adopt the adult entertainment record to support existing zoning regulations. Background Given the potential for adverse secondary effects of adult entertainment, the City regulates, through zoning, where adult entertainment establishments may be located within the City These zoning provisions, found in Title 18 of the Tukwila Municipal Code, have not been reviewed or updated since their adoption in 1995. Given the length of time since these provisions were last reviewed, to determine whether the adverse secondary effects that these provisions were meant to regulate are still applicable, and to supplement and update the legislative record, Staff is bringing this issue before the City Council for their review and adoption. To assist the City Council in determining what negative secondary effects are associated with adult entertainment and how to address them, attached is the legislative record compiled by the City of Spokane as well as supplemental material prepared by the City Attorney's Office. Discussion In 2002 and 2003, the City of Spokane amended its zoning code related to the zoning of adult entertainment. This legislative record was prepared as part of that process. Within the record are studies conducted by other cities, declarations, a legislative record from the City of Federal Way, and other documents collected specifically to show the negative secondary effects of adult entertainment. As part of the City's process of reviewing and supplementing the City's code and legislative record, the City may use the evidence collected by Spokane. Recommendation The City Council Adopt the Adult Entertainment Record. 6300 Southcenter Boulevard, Suite #100 Tukwila, Washington 98188 Phone: 206 -431 -3670 Fax: 206- 431 -3665 PLANNING CONIIIIISSION DRAFT PUBLIC HEARING PvII1i TUTES AUGUST 24, 2006 The Public Hearing was called to order by Chair Ekberg at 7:00 PM Present: Chair, Allan Ekberg, Vice Chair, George Malina, Commissioners, Bill Arthur, Lynn Peterson, and Chuck Parrish. Absent: Margaret Bratcher and Henry Marvin Representing City Staff: Jack Pace, Shelley Kerslake, and Wynetta Bivens GEORGE MALINA MADE A MOTION TO ADOPT THE PUBLIC HEARLNG MINUTES, FROM JULY 27, 2006. CHUCK PARRISH SECONDED THE MOTION; I'H.E MOTION WAS UNA1Nfii IOUSLY APPROVED. PLANNING COTvIVi HSSION CASE NUMBER. L06 -055 PURPOSE. Regarding a proposed update to Zoning Code regulations governing adult entertainment establishments. LOCATION: Citywide Chair Ekberg swore in those wishing to give public testimony Jack Pace, Deputy Director, Department of Community Development gave a PowerPoint presentation. For the record, Mr. Pace requested a correction to the staff report, staff listed is the City Attorney, Shelley Kerslake, which should be changed to Jack Pace. Mr. Pace gave a brief overview on the existing ordinance, some basic concepts, and the material in the Planning Commission packet. He listed the current uses that are regulated in Chapter 18 of the TMC, stating that the purpose of the meeting was to look at how to deal with secondary impacts. The method of regulation in Tukwila is a combination of' concentration and dispersion, which allows adult facilities in specific districts, but within the district there are separation requirements. The Planning Commission packet highlights where these types of facilities are allowed. In the existing adult entertainment requirements, currently there is approximately 5% of land that is non residential and is allowed for adult entertainment. Staff is recommending re- enacting the adult entertainment ordinance and incorporating the proposed updates as listed in the notebook provided in the packet, and forwarding the Planning Commission's recommendations to the City Council for a public hearing. There were no public comments. The Public Hearing was closed. The Planning Commission deliberated. Planning. Commission Minutes August 24,2006 Page 2 of 2 Chair Ekberg made a motion to recommend re- enactment of the adult entertainment regulation to include the updated record. received by the Planning Commission, with one correction, to change Shelley Kerslake's name in the staff report to Jack Pace. Commissioner Arthur seconded the motion. All were in favor. Director's Report: Reminder joint meeting on Tukwila Pond Tukwila Station update Update on funding for moving the railroad tracks Meeting adjourned at 7:22 P.M. Submitted by Wynetta Bivens Secretary `st`N "'1745' City of Tukwila Steven M. Mullet, Mayor i;= Department of Community Development Steve Lancaster, Director 190 STAFF REPORT TO THE PLANNING COYLVIISSION Prepared August 11, 2006 HEARING DATE. August 24, 2006 NOTIFICATION: Published August 11, 2006 Seattle Times FILE NUMBERS: L06 -055 i REQUEST. Hold a public hearing and make a recommendation to the City CounciL LOCATION: City wide SEPA DETERMINATION: Legislative Record Only SEPA is not required STAFF: Shelley M. Kerslake, City Attorney ATTACHMENT: Adult Entertainment Legislative Record ARM rnuthrenter Roulevard. Suite 11100 Tukwila, Washington 98188 Phone: 206- 431.3670 Fax: 206- 431.3665 BACKGROUND Given the potential for adverse secondary effects of adult entertainment, the City regulates, through zoning, where adult entertainment establishments may be located within the City These zoning provisions, found in Title 18 of the Tukwila Municipal Code, have not been reviewed or updated since their adoption in 1995. Given the length of time since these provisions were last reviewed, to determine whether the adverse secondary effects that these provisions were meant to regulate are still applicable, and to supplement and update the legislative record, Staff is bringing this issue before the Planning Commission for their review and recommendation to Council. To assist the Planning Commission in determining what negative secondary effects are associated with adult entertainment and how to address them, attached is the legislative record compiled by the City of Spokane as well as supplemental material prepared by the City Attorney's Office. DISCUSSION OF SPOKANE'S LEGISLATIVE RECORD In 2002 and 2003, the City of Spokane amended its zoning code related to the zoning of adult entertainment. This legislative record was prepared as part of that process. Within the record are studies conducted by other cities, declarations, a legislative record from the City of Federal Way, and other documents collected specifically to show the negative secondary effects of adult entertainment. As part of the City's process of reviewing and supplementing the City's code and legislative record, the City may use the evidence collected by Spokane. REOUESTED ACTION Review the City of Spokane's legislative record, hold a public hearing on the secondary effects of adult entertainment, and supplement the City's legislative record. Staff is not recommending any substantive changes to the zoning code at this time. C:iDOCUME_MynettalLOCALS- 1\Temp \TU I .DOC Page 2 May 2006 Analysis i 1 t/ i ti L ;C//////4- i Y 1 i SJ L Adult Entertainment Criteria j I ®Adult Entertainment Allowed Tukwila City Limits' i/ r i SchoouDaycare Buffer 9-=41:, r L'` --011(y. 4 Tukwila Trails 7-iii J i Trail Buffer i Park Buffers ct No Adult Zones /i i.i i ±4 X r. Adult Allowed Zones 1 1 S! z ti ZONE_ 1 i r CAI i HI f vi�j fi in” I 1 LDR 4 r/ it I N. MDR i f E- MICA et MUO d� ff ;MCC i I0 i F RC L RCC it N RCM a i I TUC x GIS i TVS Tukwila .vai�a COUNCIL AGENDA SYNOPSIS 0,.• 2 L;ftiaL jTE1iIlV0. Ie 1 I Meeting Date I Pr dared bi Ma);r'snthw I ecomialretie; i a 09/11/06 1 BM for SL m ;o Taoa I I I I I I I I ITEM= INFORMATION CAS NUMBER: 06-105 IORIGLNALAGENDADATE: 9 /11/06 AGENDA ITEarTrrtr. Creation of a Wireless Telecommunications Chapter CATEGORY Disawion Motion ❑'Rsoletion Ordinance Bid Award Public Hearing Other Meg Date 9/1]/06 Mg Date 1ftg Date ig Date Mfg Date tg Dare Mfg Date SPONSOR Council major Adm Svn DCD Finance Fire Lsgal P &R Police 9 PIP" 1 SPONSOR'S The Planning Commission has recommended the approval of a Wireless SUALA{ARY Telecommunications Chapter to regulate the placement, location, and design of future wireless telecommunication facilities (cell antennas) within the City. REVIEWED BY COW Mtg CA &P Cmte F&S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DATE: PC 5/25/06, 6/22/06, and 7/27/06, CAP 8/28/06 RECOMMENDATIONS: SPONSOR /ADMEN. Set a date for a public hearing. COMM ITTEE CAP forwarded the proposed chapter to COW for consideration. COST IMPACT FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $N /A $N /A $N /A Fund Source: N/A Comments: N/A L- MT&'DATE 1 RECORD OF COUNCIL ACTION 1 9/11/06 1 1 i 1 1 1 MTG. =DATE ATTACHMENTS 9/11/06 1 Memo from DCD with Attachments 9/11/06 Draft Ordinance with proposed changes 1 CAP minutes dated 8/29/06 1 1 1 ra. wgsy City of Tukwila Steven M. Mullet, Mayor h= Department of Community Development Steve Lancaster, Director 1908 STAFF REPORT TO COMMITTEE OF THE WHOLE FROM. Steve Lancaster, Director Brandon Miles, Assistant Planner RE. Creation of Wireless Telecommunications Chapter DATE. September 5, 2006 ATTACHMENTS. A. Map of Cell Facility Locations in the City B. Planning Commission Minutes C. Photos of Wireless Telecommunication Facilities Introduction DCD included a budget item in the 2006 budget to create a Wireless Telecommunications Chapter within the City's zoning code. Planning staff began working on the chapter in February of 2006 and staff briefed CAP in March. CAP forwarded the matter to the Planning Commission. Background Cell phones have become an everyday item to the American public. In 1992 the number of Americans using cell phones stood at 11 million. By 2005 the number of Americans using cell phones had increased to 182 million. Cell phones initially provided voice to voice communications. Today cell phones provide more than just phone service, they also provide access to the internet, email, text messages, IvIP3 player, digital cameras, location capability (GPS) and video. The backbone of cell phone usage is the network of wireless antennas that allow users to communicate with other cell users and landline users. The wireless antennas have a limited coverage and capacity ability As more people use cell phones, more wireless communication facilities are needed. It is this explosion in cell usage that triggered staff's desire to examine how the City reviews applications for wireless communication facilities. B. Miles Page 1 09106/2006 *i.e! ^V t'_ "r "ArrncroaT :006,09.1. L,_ 6300 Southcenter Bouleva Suite :100 Tulnvila, Washington 98188 Phone: 206 -431 -3670 Fax: 206 431 -3665 Under the City's current process, all new applications and certain modifications to wireless communication facilities require a Conditional Use Permit (CUP). The CUP is reviewed by the Planning Commission at a public hearing. The following are issues with using the CUP process for wireless telecommunication facilities: 1 The criteria provides no standards directly related to the impacts of such facilities. 2. By requiring the same process for all proposals they do not allow the City to provide incentives such as streamlined review times for desirable projects such as stealth facilities, collocations, and facilities located in industrial zones. 3 The CUP guidelines provide no clear direction to a potential applicant about the City's preferences for the location and design of telecom facilities. Plannine Commission Recommendation Planning Commission was first briefed of the proposed chapter in April of 2006. A public hearing was set for the May meeting and the public hearing was continued through the July meeting. Planning staff also attempted to solicit input from wireless communication providers and their contractors. An invitation to an informal luncheon was mailed to all applicants for CUPs related to Wireless Communication facilities for the past three years. Staff provided draft copies of the proposed chapter all who sent in an RSVP The providers who attended the meeting did provide good comments on the draft chapter and changes were made as a result of those comments. At the its July meeting, the Planning Commission recommended that the City Council adopt the draft chapter. The vote was 6 -0 with one commission member absent from the meeting. The following are the goals of the creation of this chapter 1 Protect and promote the public health, safety, and welfare. 2. Establish clear regulations for wireless providers to allow them to have predictability in the review process. 3. Streamline the review process for desirable projects. 4 Encourage providers to locate in commercial and industrial zones and to take advantages of existing elevations (Utility Poles, Transmission Towers, Buildings, etc). 5 Ensure that the City's regulations do not conflict with Federal or State laws regarding construction and operation of wireless communication facilities. B. Miles Page 2 09106/2006 Q \Telecommuications \COW +STAFF REPORT 2006.09A5.doe Major Criteria of New Chanter As noted, one of the goals of the new chapter is to encourage desirable facilities within the City To provide an incentive to applicants the new chapter allows desirable projects to have a streamlined review and thus allows an applicant to reduce their "time to market" for new facilities. The City's zoning code sets up five types of land use applications. Type I are small scale projects while Type V applications require approval of the City Council. An example of a Type I application is a sign permit and an example of a type V application would be an unclassified use permit. The Planning Commission identified certain wireless applications which should be subject to a Type I application. These include: 1 Locating antennas on transmission towers. 2. Adding antennas to an existing tower. 3. Attaching antennas to an existing building within an industrial zone. The Planning Commission recommended that the following facilities should be subject to a Type II decision. 1. Utility Pole Collocations 2. Adding antennas to existing buildings in residential or commercial zones. Perhaps no other land use application generates as much controversy as a proposal to construct a standalone cell tower. The Planning Commission chose to only permit new cell towers in the City, as a type IV permit with a public hearing and a review of specific approval criteria. Any decision by the City on a wireless communications application could be appealed to the Hearing Examiner. The chapter sets up specific design standards for wireless telecommunication facilities. The design standards are based on the type of facility The chapter also provides tools for the City to use in order to ensure that the overall goals of the Chapter are met. These tools include: I The ability to require peer review for any wireless telecommunication application. 2. Flexibility on setbacks in order to preserve open space or to conceal a proposed facility 3 Ability to require a noise study in cases where sound could be an issue. B. Miles Page 3 09/06/2006 Q \Telecommuications \CO\ \?STAFF REPORT 2006.09AS.doc Community Affairs and Parks At the August 28 CAP meeting the committee fonvarded the draft ordinance to the COW for consideration. At the CAP meeting there was some discussion on some proposed language changes in order to clarify certain issues. Planning Staff and the City Attorney's Office have made several changes to the proposed ordinance. The version of the ordinance that was adopted by the Planning Commission is shown in legislative format. Language that staff proposes to delete is shown with ctrilcethrough and proposed new language is shown underline. Next Sten Planning Staff recommends that the proposed chapter be forwarded to the September 18, 2006 regular City Council meeting for a public hearing and possible adoption. Alternatives 1 Request additional information from Planning Staff and have staff report back to COW at the next meeting 2. Send the proposed chapter back to the Planning Commission with specific instructions where additional information or consideration is warranted. B. Miles Page 4 09/0612006 Q: \Telecommuications`.COW \STAFF REPORT 2006.09.05.doe Cell Facility Locations in the City of Tukwila s/•, 1 a n I i �'l�_ ,=i _u[ha 9 l r n WayS A f :914 3 1 V �'1OB25 East Marginal Way[ l I i 11030 East Marginal Wa?fis c sljxs 7 I 109155lst AveS 5 113_t e. S E ar j 5:15. S /1 _.j s7, I -2230 7 Ili ,2 fill !,x °11 f c c >l'it g,40051st 'et J 4 8 12.s 1 ,N N. n s-; 1 g v 1 7 Ave c cis AveS >I B r Y. C'' 'o c s \2' l j i 1:fi_ >I mil 73400 1nferurban AVeS 513 n z-\ l l r� o1 Az- 1 !vl 73910 u 1 1 I 5' cs \a m e gqo l s <I 31 2 s1a 40a 4Oth St l n 4 4n;thAves le N cI N\i3,¢ g s y10 S id 5[ 1 J I ,40451�fP. i s ^s <�351 5 746t St <I n s l. c� c i 'A_ t' 1 a o 14800 Intern $1 r n 5 MataaamndsrQ a s. 5 r: 4 900 1ntelurban A Ve ts 75215 zC S.' I Fn r v_ 07� as 51a SDV 1 1 r, �o „sl>,c �l s t00Si'–' outh rat l 4 f 3 oI Pn I ^i Ave ce 3 N lema ti pOaFB I 3 :x3cy 1�i13 =.�,�I >I 1 S:610 z, 2 '16038 West Valle Highaat Z;`15.323 S ail O a I AIMO x155 1 i E l 1 16400 E&S ?r Pk y Legend i -3y 1,65 °sowlcent rand I 1 Stealth i f O Facade Mounted 545And 44er Par .W Monopole 2 i �l 3 t: r i' w�x�o.a y O Utility Rooftop 'f Ta 1 O Communications Towel `y E -_a c.-:.au- Streets 1 Tukwila Boundary 1 7 z24Ando,r Pen 1228 An !Ter Park StigS A L SW 43' 0 6251,250 2,500 3,750 5,000 t sawn :2, A Ft -1 V atek 4 PLANNING CONI IISSION PUBLIC HEARING MINUTES MAY 25, 2006 The Public Hearing was called to order by Chair Ekberg at 7:00 PM Present: Chair, Allan Ekberg, Vice Chair, George Malina, Commissioners, Bill Arthur, Lynn Peterson, Chuck Parrish. Absent: Commissioners Margaret Bratcher and Henry Marvin Representing City Staff: Steve Lancaster, Nora Gierloff, Brandon Miles, and Wynetta Bivens BILL ARTHUR MADE A MOTION TO ADOPT THE WORKSESSION MINUTES AND H KARING MINUTES FROM MAY 25, 2006. GEORGE }IALINA SECONDED THE MOTION; THE MOTION WAS UNANIMOUSLY APPROVED. Chair Ekberg swore in those wishing to give public testimony PLANNING CON IISSION CASE NUMBER: 3.06 -030 APPLICANT City of Tukwila REQUEST Modification of chapter 19 of the Tukwila Municipal Code (TIvMC) regarding changing message signs at Public Facilities within the City LOCATION: Citywide Commissioner Arthur gave a public disclaimer that he received an e -mail from Steve Lancaster, Director, Department of Community Development. Commissioner Arthur stated that the appearance of the e-mail was different than what he would normally receive from Mr. Lancaster. Commissioner Arthur called Mr. Lancaster and inquired whether the e-mail was from a third party After receiving confirmation that the e- mail was from a third party, he informed Mr. Lancaster that he was going to delete the e-mail. He said, for the record, that he does not open, receive, or read unsolicited e-mails. Commissioner Arthur also talked about the rules, procedures and policies that the Planning Commission practice. Mr. Lancaster responded to Commissioner Arthur's comments and gave clarification on what transpired. He stated that the e -mail he sent to Commissioner Arthur was also forwarded to all of the Planning Commission members for whom staff has an e -mail address. Mr. Lancaster forwarded the information to one Planning Commission member whom staff does not have an e -mail address for by mail. He explained that the matter was legislative and that he should have been clearer in communicating that to the Planning Commission members. Other Planning Commission members acknowledged that they too had received the e-mail, and that it addressed a legislative matter, concerning a case that was on the 5/25106 agenda. CASE NUMBER: L06 -030 APPLICANT City of Tukwila REQUEST Modification of Chapter 19 of the Tukwila Municipal Code (TMC) regarding changing message signs at Public Facilities within the City LOCATION: Citywide E'/ Planning Commission Minutes May 25 2006 Page 2 of 4 Brandon Miles, Planner, Department of Community Development, gave a presentation on the proposed project. Mr Miles provided some background and answered numerous questions. Staff requests that the Planning Commission provide direction in regards to a possible Sign Code amendment, after conducting a public hearing. Staff has provided four options: 1. No Action. 2. Modify the definition of "animated sign" 3A, 3B Exemption for community event announcements. 4. Eliminate prohibition of animated sign. The options were listed in detail in the 5/25/06 package. Mr. Lancaster provided some additional information on the last paragraph in option 3A and 3B, which reads `It should be noted that the courts have been increasingly critical of government sign regulations that base privileges or restrictions upon the content of the message.' Mr. Lancaster explained that the courts almost look at these kinds of cases as highly suspect and that they take a very careful and close look with almost a presumption that it could be a constitutional problem. Therefore, he urged the Planning Commission to be a little cautious, suggesting possibly limiting allowing signs that have public service kinds of announcements, to not be subjected to the same regulations as signs that provide a general message. Mr. Lancaster stated that option 2 would be on quite safe ground and staff could support that. He stated that option 4 is pretty radical from past practices, but staff could support it. BM Van de Bogart, School District Business Manager, gave the presentation for the applicant. Mr. Van de Bogart addressed the matter concerning the e -mail that Mr. Lancaster forwarded to the Planning Commissioners. He stated that he wanted to get the information to the Commission in advance, to provide them time to read the school districts request. Mr. Van de Bogart said their mission is very clear to work with the parents and teach the children the very best that they can. They struggle with how to communicate with the multi languages in the community He gave a PowerPoint presentation, showing a picture of the existing sign and the new proposed sign, calling the old sign worthless because it is time consuming to change and unfeasible to change in several different Languages. The proposed sign would change to several different languages to reach the children. Mr. Van de Bogart answered numerous questions. Kathy Znak, a citizen, expressed her concerns regarding the accident probability for non english speaking people in the community trying to fmd something in their languages. She suggested that a traffic study is done. REBUTTAL: None. ADDITIONAL COMLIIENTS: Mr. Lancaster asked the Planning Commission, "If the applicant's request was accommodated how broadly do you want to accommodate it?" After extensive discussion, the Planning Commission determined they needed some additional information in order to make a decision. Staff needs to follow up on the following: 1. Check with the City Attorney to see if allowing what is otherwise a static sign to change to different languages permissible? 2. Provide additional information on brightness. 3. What are the variances of frequency for the changing message sign? 4. What would be a good timeframe for allowing animation? Planning Commission Minutes May 25 2006 Page 3 of 4 Mr. Lancaster suggested that the Commission take a look at what other Cities are allowing. Mr. Lancaster stated that his goal is to bring back to the next meeting, a proposed ordinance for the Planning Commission to look at. There was discussion on possible legal ramifications if a decision is challenged. The simplest thing would be to apply whatever decision the Planning Commission makes across the board to any legal sign in Tukwila. There were no further comments. Chair Ekberg continued the case to the June 22, 2006 Public Hearing. CASE NUMBER. L06 -023 APPLICANT City of Tukwila REQUEST Creation of a "Wireless Telecommunications Chapter" within the City's Zoning Code. The chapter will regulate the placement and operation of wireless communication facilities. The chapter will provide guidance on where such facilities can Locate in the City, development standards, approval process, and exception criteria. LOCATION: Citywide Brandon Miles, Planner, Department of Community Development, gave the presentation for staff. Mr. Miles facilitated discussion on the seven areas of the ordinance as listed in the May 10, 2006 Staff Report to provide the Planning Commission the opportunity to incorporate any revisions. The next step will be for the Planning Commission to forward a recommendation to the City Council for consideration. Commissioner Parrish raised the question whether staff had discussed the proposed purpose and intent with the IT Department and Council Member Haggerton. Staff stated there has been discussion with Councilmember Hageerton and that he has not provided them with any input at this time. There have also been informal conversations with other Cities and departments. Suggested Revisions: Item 1: Purpose and Intent: 4 Remove the word `adequate' Item 2: Exemptions: 2 Revise language Item 3: Definition 9 (this section already exist in the Zoning Code, however, it will be amended in order for Planning and PW to have the exact definition) Take a look at Black's Law dictionary for the definition of Rights of Way #10 Correct misspelled word. Item 4: Permit Review Matrix Staff was asked to return with a recommendation regarding the benefits, risk, and cost of changing Type 3 decisions to Type 2 decisions. Staff will return with some good design standards for Utility Pole Co- Location Possibly changing from a Type 2 decision. Mr. Lancaster made the request that very very clear design standards should be in place if it's a Type 2 decision. One possibility is that it has to be a metal pole with all of the Planning Commission Minutes May 25 2005 Page 4 of 4 cables concealed inside the pole to be a Type 2. If this guideline is not feasible, the decision type bumps up to a higher level. Staff shall provide a recommendation for the following option: If there are no design standards and the utility pole co- location is changed only in a residential area, should it be a Type 4 decision? Kathy Johnson, a Wireless Provider Consultant, provided some insight regarding utility poles because there has been a bit of contention. Wood poles are preferred by the utility providers because of the time involved in designing and engineering steel poles capable of holding the antennas. Most in the community find the wood pole less intrusive in the area and there are ways to mount the antennas around them. Ms. Johnson offered to bring in some pictures for the Planning Commission to review Ms. Johnson also offered to arrange to have a RF Engineer come with her, to speak at the next Planning Commission meeting. Item 5: New Monopoles: The following sentence should be incorporated in the draft policy Any new monopole within the City will be required to allow co- location of other providers who wish to locate 011 the facility' Incorporate language for a certain amount of growth to support co- locations. Draft Ordinance Revisions: Page 3, letter b. 'Sentence needs to be modified Page 3, Type (table) Numbers need to be consistent in table in both the draft and the Staff Report Page 5, No. 4 Parking Modify language Page 5, No. 4 Antenna Intensity Modify language `Feed lines and coaxial cables shall be attached securely and appropriately to one of the transmission towers Page 6, No. 2 Antennas Aesthetics Modify language `The screening must be made out of the same material and match the color scheme Mr Miles recommended that the public hearing is continued and that staff return with additional information. There were no further comments. REBUTTAL: None. Chair Ekberg continued the case to the June 22, 2006 Public Hearing. Director's Report: Update on mall construction Sound Transit Light Rail project going on Update on Tukwila Station project Chair Ekberg asked for an update on the Klickitat project Meeting adjourned at 9:50 PM Submitted by Wynetta Bivens Secretary Adopted 6/22/06 PLANNING COMMISSION PUBLIC HEARING IVIINUTES JUNE 22, 2006 The Public Hearing was called to order by Chair Ekberg at 7:00 PM Present: Chair, Allan Ekberg, Vice Chair, George Malina, Commissioners, Margaret Bratcher, Bill Arthur, Lynn Peterson, and Chuck Parrish. Absent: Commissioner, Henry Marvin Representing City Staff: Steve Lancaster, Brandon Miles, Sandra Whiting, Cyndy Knighton, and Wynetta Bivens CODLMISSIONER ARTHUR MADE A MOTION TO ADOPT'PHE PUBLIC HEARING i••IINUTES AS MODIFIED, FROM JUNE 22, 2006. COiLBIISSIONER BRATCHER SECONDED THE MOTION; THE MOTION WAS UNANIMOUSLY APPROVED. Steve Lancaster, Director, Department of Community Development, introduced Cyndy Knighton. Cyndy Knighton, Senior Traffic Engineer, Public Works, gave a PowerPoint presentation on the Klickitat Project, which is a significant project for the City Cyndy provided some background from the beginning of the project, listing the goals that the City identified and wanted to accomplish. A study was done to determine what could be done to the area, which resulted in the establishment of the alternative 3B concept. Due to concerns from some consultants that the design wasn't the most feasible to construct, the City came up with the idea of a design competition. ILvlTh Corporation was awarded the contract and came up with the current design. The City strongly believes the design has a lot of potential for an award winning design and construction. Ms. Knighton shared many details of the project, and then answered questions. Mr Lancaster also introduced Sandra Whiting. Sandra Whiting, Urban Environmentalist, Department of Community Development, gave a PowerPoint presentation on the wetlands mitigation, which she has already presented to the City Council, whom the program was endorsed by She provided some background on the program. It has been determined that on site mitigation is not always practical and that off site mitigation might be a better solution. Part of the project is to take a look at what areas could be used as mitigation sites. The objective of the program that was developed is to help facilitate development for smaller developers. It would offer alternatives to on site mitigation by providing some ideas where off site mitigation in Tukwila can occur. In addition, it would provide increased environmental projects and increased wetland functions. Chair Ekberg swore in those wishing to give public testimony PLANNING COMMISSION CASE NUMBER. L06 -034 APPLICANT Cingular Wireless REQUEST The applicant is requesting approval of a Conditional Use Permit (CUP) to modify an existing wireless communication facility, which will be located on an existing City Light transmission tower. The antennas will be located on the top of the transmission tower. In order to meet minimum clearance from the high voltage electrical lines, the existing tower will be extended five feet in height. M7 fnfexfre--Z Planning Commission Minutes June 22, 2006 Page 2 of 6 The associated ground equipment will be located directly below the transmission tower in a 400 square foot enclosure. A chain -link fence with barbwire will enclose the 400 square foot enclosure. The enclosure will include a 256 square foot concrete pad where the cabinet equipment will be located. LOCATION: City Light transmission tower, adjacent to the United States Postal Facility and State Route 99 King County Parcel Number 042304 -9130. Commissioner Arthur made a declaration that his adult daughter that lives with him works for Cingular Wireless. He stated he did not believe the relationship would have any bearing on his objectivity There was no objection to Commissioner Arthur hearing the case. Brandon Miles, Planner, Department of Community Development, gave a PowerPoint presentation on the proposed project. As a result of the merger between AT &T and Cingular Wireless, a lot of the sites need to be upgraded to accommodate both networks. The maximum height in the MIC/H district is 125 feet. The applicant is proposing that the antennas have a height of approximately 153 feet. This type of application does not trigger compliance with the height requirements because it does not trigger a building permit, since it's on City Light's transmission tower. There is no impact to pedestrians. The need to move the antennas is a City Light safety requirement, to make it safer for their employees to service the line. There was a question raised regarding FAA lighting, which Mr. Miles deferred to the applicant. Staff recommends approval of the Conditional Use Permit, as presented, with one condition: 1. All equipment attached to the City Light Transmission tower shall be painted to match the color of the tower. Sara Telschow, for the applicant, Realcom Associates, addressed the question raised regarding FAA lighting. There is no FAA lighting proposed for this project since it is only increasing by five feet in height. The applicant agrees with staffs condition; however, Ms. Telschow explained that it is very difficult to maintain paint on coaxial cables, therefore, requested that it not be a condition to paint them. REBUTTAL: Staff stated that if FAA lighting is necessary as a result of the proposed application, they will address it and determine if it needs to come back to the Planning Commission. There were no further comments. The Public Hearing was closed. The Planning Commission Deliberated. CHAIR EKBERG MADE A MOTION TO APPROVE THE CONDITIONAL USE PERMiEIT FOR CASE NUMBER L06 -034 WITH STAFF'S FINDINGS, CONCLUSIONS, AND RECOM MEN'DAT IONS, AND THE ONE CONDITION TO READ: 1. ALL EQUIPMENT ATTACHED TO THE CITY LIGHT TRANSIIISSION TOWER SHALL BE PAENTED TO MATCH IRE COLOR OF THE TOWER, WITH IHE EXECPTION OF THE CO -AXLAL CABLES, WHICH SHALL MATCH THE EXSTING CO -AXIAL CABLES ON THE SITE. COMMLSSIONER ARTHUR SECONDED THE MOTION; THE MOTION WAS UN ANLMOUSLY APPROVED. Planning Commission Minutes June 22, 2006 Pate 3 of 6 Chair Ekberg asked staff to come back to the Planning Commission some time in the future with some ideas on how the FAA is engaged in lighting situations and who may be responsible for such situations. Steve Lancaster provided some information on what the process is if the FAA needs to be, or is involved in, situations where lighting is necessary Prior to opening the public hearing on case number L06 -030, Chair Ekberg called a recess. The Planning Commission and Staff gathered outside to look at the proposed electronic message board that the applicant had available for them to view. 5 -25 -06 PUBLIC DARING CONTINUED: CASE NUMBER. L06 030 APPLICANT City of Tukwila REQUEST Modification of Chapter 19 of the Tukwila Municipal Code (TMC) regarding changing message signs at public facilities within the City LOCATION: Citywide Brandon Miles, Planner, Department of Community Development, gave the presentation for staff. He provided background on the May 25`' public hearing. At the May 25 public hearing, staff briefed the Planning Commission ofi a proposal from the Tukwila School District. The request was for modification of the Sign Code, to allow changing message signs at Foster High School. The school district's main reason for the sign is to display important messages to students and parents in multiple languages. Following the May meeting, the Planning Department spoke with the Parks Department concerning what needs they may have for this type of sign. The Parks Department indicated that such a sign could be used at the Tukwila Community Center to advertise events. Staff did some additional research on safety impacts for these types of signs. However, the Staff Report showed inconclusive either way regarding safety impacts from these signs. Information was mostly geared toward highways. Staff has provided a Draft Ordinance (Attachment A 6/22/06 Planning Commission packet) with the following proposed changes: 1. Modify TMC 19.04.20 to add the following purpose clause: The City desires to provide sign options that encourage public agencies to communicate with members of the public. 2. Add language to the definition of animated signs (19.08.030) Animated Sign: Following temperature add `or those permitted under TMC 19.32.300' Additional sign regulations for public facilities 19.32.300 Electronic Message Boards A. Signs located at public facilities, which meet the criteria of TMC 19.32.300, may use the sign as a changing message sign, provided the following: 1. The image on the sign may not change more frequently than once every ten seconds. 2. The image must appear and disappear as one image. The image may not appear to flash, undulate, pulse, portray explosions, fireworks, flashes of light, blinking or chasing lights, Planning. Commission Minutes June 22, 2006 Page 4 of 6 appear to move toward or away from the viewer, expand or contract, bounce, rotate, spin twist, scroll, travel or otherwise portray movement. 3. If the public facility is located within a residential zone, the use of the electronic portion of the sign is limited to the hours of 7 am to 10pm. B. Notice of understanding: 1. Any public facility that installs and operates a changing message sign must submit a letter to the Department of Community Development, signed by the appropriate manager /administrator that notes understanding of the above requirements and assurance that the sign will be used in the appropriate manner as stated in section 19.32.300 (A)(1 -3). C. Order of Removal: 1. The Director of Community Development shall order the removal of any sign erected pursuant to TMC 19.32.300 if the sign is used in such a way as to violate the provisions of this chapter. Staff's Recommedation: Planning Staff recommends that the Planning Commission conclude the public hearing that started at the May meeting and that the proposed changes listed in the Draft Ordinance be forwarded with a recommendation of approval to the City Council. Alternatives: The following alternative actions are available to the Planning Commission: 1. Continue the public hearing at the July meeting and request additional information from the Planning Staff. 2. Any of the proposed altematives which were listed in the May Staff Report (Attachment B). Steve Lancaster, Director, Department of Community Development, addressed the issue of proposed alternatives. He indicated that, based upon the testimony and discussion at the Planning Commission's May 25 meeting, staff believed it was the Commissions desire to pursue an alternative allowing electronic message boards to be displayed by public facilities. He indicated that the other options outlined in the staff reports are still in play, and that it is up to the Commission to decide what it wants to recommend to the City Council. There was additional discussion regarding the proposed ordinance language and its effect. Commissioner Peterson expressed concern about the perceived change in the color of the electronic message as one travels past the sign. He asked if that would violate the restriction against the image changing more frequently then every 10 seconds, or be used as precedence allowing messages to change more frequently Mr. Lancaster indicated he would not interpret the proposed Language to create such a problem. BM Van De Bogart, with the Tukwila School District, addressed questions concerning color and how the image on the sign would change, he stated that all of the letters would change to amber. Mohammed Hassan, a citizen, was in favor of the message sign for communication, in multiple languages in the community REBUTTAL: None. Planning Commission Minutes June 22, 2006 Pate 5 of 6 There were no further comments. The Public Hearing was closed. The Planning Commission Deliberated. Although they expressed some concems, the majority of the Planning Commissioners stated their support for the project. Commissioner Arthur expressed concern over the proposed Code Amendments, indicating his opinion that the disadvantages of such changes outweigh the benefits. He indicated that throughout his tenure on the Planning Commission, the Planning Commission has attempted to minimize visual clutter and especially to limit such intrusions in neighborhoods. He believes this proposal would take the sign code in a different direction. He also expressed concern about treating public facilities differently from commercial uses. Chair Ekberg proposed looking at each item in the proposed ordinance individually to see if there were any changes. Several possible modifications were suggested. One suggestion was to specify that there could be "no perceived color change" on a message center. Chair Ekberg re -opened the public hearing at 9:33 pm in order to allow Commissioner Parrish to ask the applicant to address color and the language proposed by Chair Ekberg. Jacob Tilton, employed by a manufacturer electronic message center, stated that brightness or intensity would technically change the color of the text. He provided explanation of why the color appears to change even when the letters are all the same color. However, he has never had any experience with the color spectrum being an issue. Mr. Tilton recommended that the Planning Commission avoid anything that related to the actual message or the color of the text. He suggested focusing on the style or the timing issue, stating you should be able to read the full message in the time it takes to drive by once. The amount of time allowed for the image to change also dictates the size of the sign. If the sign is not large enough to include the entire message, then it's ineffective. Mr. Tilton usually recommends one second per line of text because that's how quickly we can read and process data. Mr Lancaster asked the Commission for clarification of their concern regarding the change in color when walking back and forth, while viewing the sign that was on display He stated that he could not support a clause that reads the perception in color cannot change, due to the extreme difficulty of enforcing such a request. There were no further comments. The re -opened Public Hearing was closed. The Planning Commission deliberated. It was determined that the prohibition against "perceived color change" should not be part of the ordinance. Chair Ekberg suggested a `Sunset Clause' (Item D) to read 'This ordinance change would sunset one year from date of implementation' Planning. Commission Minutes June 22, 2006 Page 6 of 6 As explained by Mr. Lancaster, the proposed amendment would go away after one year if the City took no action and no new signs meeting these standards would be allowed. Existing signs that were lawfully erected under these provisions during that one year period would fall under section 19.300.30(a) and would be allowed to continue indefinitely, as long as it is not destroyed to more than 50% of it's value. If so, it would need to be removed. No changes could occur to the sign as technology changes. The proposed new regulation could be reviewed a year later in lieu of a Sunset Clause. CHAIR EKBERG MADE A MOTION TO APPROVE TITLE ORDINANCE AS PRESENTED BY STAFF WITH THE MODIFICATION THAT THE ORDINANCE SHALL SUNSET I ONE YEAR. COMMISSIONER PARRISH SECONDED THE MOTION. FIVE VOTED IN FAVOR AND COMMISSIONER ARTHUR VOTED AGAINST CHAIR EKBERG MADE A MOTION TO CONTINUE CASE NUMBER L06 -023 TO THE 7/27/06 PUBLIC HEARING. COMbIISSIONER MALINA SECONDED THE MOTION. ALL WERE IN FAVOR Director's Report: Update on Sound Transit 1 Looking at doing a study of running light rail from Burien to Renton and potentially further East. 2. Full fimding for completion of the sounder station at Longacres. 3 A proposal td make street and traffic improvements for access from the FA stside. 4 Provide shadow service for the Sounder bus services to connect the stations outside of the hours the trains are running. 5. Increase Sounder services up to 9 trips each direction. The City supports all of the proposed projects. Mall project update Meeting adjourned at 10:10 PM Submitted by Wynetta Bivens Secretary Adopted: 7/27/06 PLANNING COMMISSION PUBLIC HEARING MINUTES JULY 27, 2006 The Public Hearing was called to order by Chair Ekberg at 7:00 PM Present: Chair, Allan Ekberg, Vice Chair, George Molina, Commissioners, Margaret Bratcher, Henry Marvin, Lynn Peterson, and Chuck Parrish. Absent: Bill Arthur Representing City Staff: Nora Gierloff, Brandon Miles, and Wynetta Bivens MARGARET BRATCHER MADE A MOTION TO ADOPT THE PUBLIC HEARING MINUTES, AS MODIFIED, FROM JUNE 22, 2006. CHUCK PARRISH SECONDED 'ME MOTION; THE MOTION WAS TJNANI IOUSLY APPROVED. PLAiN'NL G COMMISSION CASE NUMBER L06 -023 APPLICANT City of Tukwila REQUEST Creation of a `Wireless Telecommunications Chapter" within the City's Zoning Code. The chapter will regulate the placement and operation of wireless communication facilities. The chapter will provide guidance on where such facilities can locate in the City development standards, approval process, and exception criteria. LOCATION: Citywide Brandon Miles, Planner, Department of Community Development, continued discussion from the June 22, 2006 public hearing. He stated that the draft ordinance, which was a template for a future ordinance, was incorporated into code language, and put into legal language, by the City Attorney's office. The City Attorney's Office made recommendations for some minor changes. Staff incorporated the five design standards, as listed in the memo from Brandon Miles dated July 19, 2006, in the July Planning Commission packet. There was extensive discussion on the proposed changes to the Utility Pole Collocations. Mr. Miles went over the current proposal for the following five outstanding issues: 1. Utility Pole Collocations Originally staff had made this a Type 3 decision. As a result of concerns expressed by the Commission, staff is proposing a Type 2 decision, for which they have provided specific design standards. SEPA would be required if the project is not categorically exempt from SEPA review Height is the biggest design issue. Within the residential zone, the height goes from 30 ft. maximum height to 45 ft. in the high density residential zone. Information was provided on City Light's standard differences for residential utility poles. There was lots of discussion, questions, and cwncems expressed pertaining to the design standard on coaxial cable limitation of one -half inch in diameter. Katie Johnson, Realcom Associates, on behalf of Cingular Wireless, provided some picture samples of different utility installations and a sample of the coaxial cable. Ms. Johnson addressed the issue concerning 4777W-r.8-3 Planningrm Commission Minutes July 27, 2006 Page 2 of 4 the width of poles. She stated that the bulk of the pole is usually due to the room inside for the conduit not because of the structure stability Steve Webster, Realcom Associates, on behalf of Cingular Wireless, went over some of the technology of wireless set He talked about antenna lines, what drives the extra sizes, cable requirements, and providing the best service. He explained that cable companies want the antenna lines above the surrounding clutter to have a clear signal around the pole. Chair Ekberg asked Katie what her thoughts were regarding the design standard pertaining to height. Katie Johnson, on behalf of Cingular Wireless stated that the design standard on height is really going to remove the ability to utilize any of the utility poles in a residential zone. She stated that residential areas, as set by the proposed ordinance, are the most intensively reviewed and that if they can find a way out of a residential area, they will. She stated that a carrier might have one cell site in four square miles. Ms. Johnson called these types of sites very expensive and said it is the last thing that Cingular Wireless tries to do. She answered several questions for the Commission. Upon further questioning from the Planning Commission, staff stated their intent is to provide basic standards. If a carrier can meet the requirements, they can utilize the basic standards. Mr. Miles provided explanation on how the proposed ordinance may have different impacts on various carriers. Chair Ekberg stated he wanted everyone to recognize that cellular carriers will not be able to take advantage of the design standard, unless they go through the exception process. What staff is doing is putting, within the design standards, the ability for wireless interconnect for data internet connectivity Because there is a half -inch conduit it is not necessary to go up as high on a telephone pole. Mr. Miles stated that under the Communications Act of 1996 there cannot be discrimination against functionally equivalent providers. He said it would be very unlikely that one could argue that Cingular are functionally equivalent providers. They provide different services and technology, therefore, different design standards may apply If it impacts one differently than another, it's because they are not functionally equivalent Commissioner Peterson raised several questions that were addressed by Ms. Johnson, Mr. Webster, and Mr. Miles. Commissioner Parrish asked for clarification on whether the intent is to steer installation away from high density areas into other areas. Mr. Miles stated the overall goal of the chapter is to encourage providers to Locate in industrial zones or on existing monopoles. He addressed a question that was raised on the lack of enclosure language. He stated it was not included in his memo because it was unchanged from what was originally discussed. He gave an overview of the previous language. He also provided some clarification on transmission towers and utility towers. He explained that the provisions being addressed are for utility towers, which staff defines as anything that provides electric service of less that 115 KB. Anything greater then 115 KB would be considered a transmission tower, which must meet Type 1 requirements. Commissioner Malina asked if there is a clause under the franchise when a pole has to be removed, for it to be relocated. Planning Commission Minutes July 27, 2006 Page 3 of 4 Mr Miles indicated that a franchise agreement applies to a specific location and a new one would be obtained if it was moved. Commissioner Malina made addition comments unintelligible. Ms. Johnson responded to comments raised by Commissioner Malina. Mr. Miles continued with his overview on the remaining outstanding issues listed in his memo. 2. Setback Waivers The Commission had no comments on this design standard. 3. Height Waivers The Commission had no comments on this design standard. 4. Structure Type The Commission had no comments on this design standard. 5. Modifications to approved facilities The Commission had no comments on this design standard Next Mr. Miles gave an overview of the proposed changes to the ordinance. He stated that the City Attorney's Office added some Iegislative intent, which will be included in the chapter. One modification was pointed out, on page four, listed under provision number 1, `King County' was added in the verbiage pertaining to exemptions. Commissioner Parrish asked for clarification on the difference between provision 2 and 3, under exemptions. Mr. Miles explained that the City Attoney's Office added a catch all, for any type of satellite, or any type of private receiving antennas. Mr. Miles addressed several more questions as he continued with the overview of the ordinance, discussing the following: clarification on what is considered a monopole; permits required; third party expert review; changes made to the matrix, utility poles were initially a Type 3 decision and is now a Type 2 decision; new verbiage for the meaning of residential, commercial, and industrial zones; what an applicant must do in order to submit a waiver, general requirements; permitting new towers in the City; antennas located on transmission towers; existing tower specific development standards; requirement for concealed building mounting development requirements for non concealed building mounting development utility pole collocation; tower specific development standards; using non concealed building attached in lieu of a concealed building attached; landscaping and screening; zoning setback; height waiver, expiration; and the removal of abandoned wireless facilities. Commissioner Peterson had questions regarding the 6 foot chain link fence used for enclosure. Unintelligible. Planning Commission Minutes July 27, 2006 Page 4 of 4 Katie Johnson, on behalf of Cingular Wireless responded to the question regarding the height of the fence enclosure. She stated that the manner in which the language was written allows for a tot of review Ms. Johnson stated that in a residential neighborhood cedar fences are what you would usually see. In conclusion, Mr. Miles stated that the ordinance will go in various chapters. There is going to be a new chapter 18.71. And Chapter 18.06 will be modified. In addition, Chapter 18.104, regarding the types of applications, will be modified. Unintelligible. Commissioner Molina asked a question regarding striking some language pertaining to landscaping.. .unintelligible Mr. Miles agreed that the language could be striken. Katie Johnson on behalf of Cingular Wireless had some issues that she requested that Mr. Miles address. I. In response to Ms. Johnson's first question Mr. Miles confirmed that the type of landscaping installed would not require approval from a certified landscape architect. 2. Ms. Johnson asked Mr. Miles to remove the following verbiage regarding the new tower criteria. `Costs of alternative technology that exceed new tower or antenna development shall not be presumed to render the technology unsuitable' Mr. Miles stated that would be up to the Planning Commission to consider for modification. 3. unintelligible. .Ms. Johnson addressed modification safety and site identifying signs...unintelligible. Chair Ekberg suggested adding the language, `mandated identification signs' 4. unintelligible. .Ms. Johnson requested not to be required to underground equipment. Ms. Johnson proposed modifying the language to read, `feed lines and equipment that connect to the tower be located underground, except if located within the same compound' Mr. Miles agreed to the proposed language. There were no further comments. The Public Hearing was closed. The Planning Commission Deliberated. Commissioner Marvin asked for clarification on the Draft Ordinance, Page 13, Item I. COMMISSIONER MALL MADE A MOTION TO APPROVE CASE NUMBER L06 -023 WITH STAFF'S FINDINGS, CONCLUSIONS, RECO,ILIIENDATIONS, AND MODIFICATIONS AND TO BE FORWARDED TO THE CITY COUNCIL FOR THEIR REVIEW. COM IISSIONER MARVIN SECONDED I'HE MOTION. ALL VOTED LN FAVOR. Director's Report: Worksession in August on Adult Entertainment City Attorney will attend and discuss adding some legislative record to the code. Commissioner Parrish inquired about a joint worksession with the City Council Nora will discuss with Jack and the City Attorney Sound Transit lunch bus tour Friday August 18 Meeting adjourned at 9 P.M. Submitted by Wynetta Bivens Secretary Adopted: 8/24/06 also Picture A. a.-s mac- _s- u.. r ..sue_ t mss' 1�� is I ay`" t I_ 7 1 Wireless Antennas N f i A t Ff- �t The above is an example of Wireless Communication Facility located on a Seattle City Light Transmission Tower. G Picture B. 12 i E t.. ll z +i r." lilt' rci; f f I r CO% .1 l {i :l I'` 1 t i 3 t .(1 r1. 't' 'i t; I t I I Hi I 2 1 4 :9 f.,‘ I Y r i Existing Monopole in Allentown. Attaching antennas to the existing pole would be a type I decision. Constructing a new monopole or tower in the City would be a type IV decision. Picture C. Example of concealed or "stealth" facility The proposed chapter would permit this facility as a type II decision. Picture D ,rt,-,4. I y I I j t` P e c Ff fl i I k -R R <T4I r wCt t f f It 5 1 I I t 41 T-V ,'r i. A I i 1 1 _ms's t" t t 1 Ail The above facility is a non concealed building attachment. Under the proposed chapter the above facility would be permitted as a type II decision in commercial and residential zones and will be outright permitted in industrial zones. 1 Picture E. 3 er 3 'a z= 3 r- gst tea" �c a b. i: .S t AA 1 s—r W.c 4E .j The above facility is a utility pole collocation. The new chapter will perm such a facility as a type II permit. Draft L 9-6-06 Revisions CDB Kenyon Disend, PLLC DRAFT AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING TUKWILA MUNICIPAL CODE 1 [1 LE 18, ZONING REGULATIONS, BY THE ADDITION OF A NEW CHAPTER TO BE KNOWN AS CHAPTER 18.71, WIRELESS COMMUNICATION FACILI'11hS, AND REGULATING THE SITING OF WIRELESS COMMUNICATION FACILITIES; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN ENFbCTIVE DATE WHEREAS, the City has received or expects to receive requests to site wireless communication facilities within its boundaries; and WHEREAS, the City recognizes that Congress, pursuant to the Telecommunications Act of 1996, has imposed requirements that local governments not unreasonably discriminate among providers of functionally equivalent personal wireless services or act in a manner that prohibits or has the effect of prohibiting the provision of personal wireless services, while at the same time preserving traditional state and local authority over the placement, construction, and modification of wireless communication facilities; and WHEREAS, the City finds that the provisioning of personal wireless services to the residents of the City of Tukwila is in the public interest and that permitting the placement construction, and modification of wireless communication facilities within its boundaries is necessary to support such service; and WHEREAS. it is the Citv's intent therefore to oermit the placement, construction, and modification of wireless communication facilities within its boundaries; and WHEREAS, the City also finds that placement, construction, and modification of wireless communication facilities could adversely affect the character, aesthetics, property values, historic significance, and environmental quality of the community; and WHEREAS, the City also finds that construction /installation of new towers to su000rt antenna installations is likely to have a more significant adverse impact noon the character. aesthetics, orooertv values. historic significance, and environmental duality of the community than use of existing towers, structures, and Dower poles and use of alternative technology for such installations. and t re:,,x_ :r. ti;e pkc..-- w,�— =d to ::fic± WHEREAS, the City has undertaken a review of its existing zoning code and determined that the existing zoning code provisions are technologically dated, unclear, or non existent regarding wireless communication facilities, and do not adequately implement the goals, objectives, and policies of the adopted comprehensive plan or adequately protect the public health, safety, and welfare; and WHEREAS, it is the City's intent to protect and promote the public health, safety, and welfare by adding a new chapter to the City's zoning code for the purpose of ...m _mr, 2 R'IILELE -1.. .r__, �_iIIC_, ���,9 /6 /OLSJ_z,.,5,1 regulating the placement, construction, and modification of wireless communication facilities within its boundaries; and WHEREAS, the Planning Commission, after conducting three public hearings on May 25, June 22, and July 27, 2006, recommended that the City Council adopt the proposed new wireless communication facilities chapter; and WHEREAS, the City Council Community Affairs and Parks Committee conducted a public meeting on the 29th day of August, 2006 at which time it heard a presentation from staff and reviewed the proposed new wireless communication facilities chapter, and upon such review recommended modifications to Section 18.71.0 (New towers) and Section 18.71.180 (Height Waivers) and other minor modifications be made. and WHEREAS. the City Council has conducted a duly noticed public hearing during the regular meeting on and subsequently continued further consideration of the proposed text amendments; and WHEREAS. the City Council has based its findings and conclusions noon consideration of. among other things. the existing topography and geography of the city. existing land uses, available wireless communication technology. existing wireless communications facilities and coverage. public testimony. presentations by staff. applicable laws. rules. and regulations including. without limitation. the National Environmental Policy Act and the State Environmental Policy Act. anolicab_le court decisions. and the records on file with the office of the Citv Clerk: NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Wireless Communication Facilities, Tukwila Municipal Code Title 18 (Zoning) is hereby amended by the addition of a new Chapter 18.71, to be known as "Wireless Communication Facilities," to read as follows: 18.71.010 Purpose. The purpose of this Chapter is to regulate the placement construction, and modification of wireless communication facilities in order to protect the health, safety, and welfare of the public, while not unreasonably interfering with the development of the competitive wireless telecommunications marketplace in the City The purpose of this Chapter will be achieved through adherence to the following objectives: 1. Establish clear and nondiscriminatory Local regulations concerning wireless telecommunications providers and services that are consistent with federal and state laws and regulations pertaining to telecommunications providers; 2. Protect residential areas and land uses from potential adverse impacts that wireless communication facilities may create, including, but not limited to, impacts on: aesthetics; environmentally sensitive areas; historically significant locations; flight corridors; and health and ^afety of persons and property 3. Encourage providers of wireless communication facilities to locate them, to the extent possible, in areas where the adverse impact on the community is minimal. 4. Encourage the location of wireless communication facilities in non residential areas and allow wireless communication facilities in residential areas only when necessary to meet functional requirements of the telecommunications industry; 1 WIRELE-- 1W4R€L.:12_C^.'_:n.L" C-ATI vv 9/6/055/ 2.4f06, 2 5. Minimize the total number of wireless communication facilities in residential areas; 6. Require cooperation between competitors and, as a primary option, joint use of new and existing towers, tower sites, and suitable structures, to the greatest extent possible, in order to reduce cumulative negative impact upon the City; 7 Ensure wireless communication facilities are configured in a way that minimizes the adverse visual impact of the wireless communication facilities, as viewed from different vantage points, through careful design, landscape screening, minimal impact siting options, and camouflaging techniques, and through assessment of technology, current location options, siting, future available locations, innovative siting techniques, and siting possibilities beyond the jurisdictional boundaries of the City; 8. Enhance the ability of the providers of telecommunications services to provide such services to the community quickly, effectively, and efficiently; 9. Provide for the removal of wireless communication facilities that are abandoned or no longer inspected for safety concerns and Building Code compliance, and provide a mechanism for the City to cause these abandoned wireless communication facilities to be removed to protect the citizens from imminent harm and danger; 10. Avoid potential damage to adjacent properties from tower failure through engineering and careful siting, and maintenance of wireless communication facilities; and 11. Provide a means for public input on major wireless communications facility placement, construction, and modification. In furtherance of these objectives, the City shall give due consideration to the comprehensive land use plan, zoning code, existing land uses, and environmentally sensitive areas in approving sites for the location of communication towers and antennas. These objectives were developed to protect the public health, safety, and welfare, to protect property values, and to minimize visual impact while furthering the development of enhanced telecommunication services in the City These objectives were designed to comply with the Telecommunications Act of 1996. The provisions of this Chapter are not intended to and shall not be interpreted to prohibit or to have the effect of prohibiting personal wireless services. This Chapter shall not be applied in such a manner as to unreasonably discriminate between providers of functionally equivalent personal wireless services. To the extent that any provision of this Chapter is inconsistent or conflicts with any other City ordinance, this Chapter shall control. Otherwise, this Chapter shall be construed consistently with the other provisions and regulations of the City In reviewing any application to place, construct, or modify wireless communication facilities, the City shall act within a reasonable period of time after an application for a permit is duly filed, taking into account the nature and scope of the application_ Any decision to deny an application shall be in writing, supported by substantial evidence contained in a written record. The City shall approve, approve with conditions, or deny the application in accordance with Title 18 of the Tukwila Municipal 1 WI RELE- 1WgREP2I_C:,'\llf J t? `_:^C\_ 2:2?E6, 9, 3 Code, this Chapter, the adopted Tukwila Comprehensive PIan, and other applicable ordinances and regulations. 18.71.020 Authority and Application. The provisions of this Chapter shall apply to the placement, construction, or modification of all wireless communication facilities except as specifically exempted in T ivIC Section 18.71.030. 18.71.030 Exemptions. The provisions of this Chapter shall not apply to the following. 1. Routine maintenance and repair of wireless communication facilities, excluding structural work or changes in height or dimensions of antennas, towers, or buildings; provided that, the wireless communication facility received approval from the City of Tukwila or King County for the original placement, construction, or subsequent modification. Changing of antennas on wireless communication facilities is permitted provided the new antennas have the same area or less of those removed. The total number of antennas must remain the same. Additional ground equipment may be placed within an approved equipment enclosure, provided the height of the equipment does not extend above the screening fence. 2. An antenna that is designed to receive direct broadcast satellite service,- including direct to-home satellite services, and that is one meter or less in diameter or diagonal measurement. 3. An antenna that is designed to receive video programming services via multipoint distribution services, including multichannel multipoint distribution services, instructional television fixed services, and local multipoint distribution services, and that is one meter or less in diameter or diagonal measurement. 4. An antenna that is designed to receive television broadcast signals. 5. Antennas for the receiving and sending of amateur radio devices or HAM radios; provided that, the antennas meet the height requirements of the applicable zoning district and are owned and operated by a federally licensed amateur radio station operator or are used exclusively for receive only antennas. In order to reasonably accommodate licensed amateur radio operators as required by Federal Code of Regulations, 47 CFR Part 97, as amended, and Order and Opinion (PRB -1) of the Federal Cornmunication Commission of September, 1985, and RCW 35A.21.260, a licensed amateur radio operator may locate a tower not to exceed the height requirements of the applicable zoning district provided the following requirements are met for such towers located in a residentially zoned district a. The tower and any antennas located thereon shall not have any lights of any kind on it and shall not be illuminated either directly or indirectly by any artificial means; b. The color of the tower and any antennas located thereon must all be the same and such that it blends into the sky, to the extent allowed under requirements set forth by the Federal Aviation Administration; 1 W4 FLE -1WT' EL✓f_CC':^. Z C :1T `;_I C 6, 9J61CCC;'_' -6 4 c. No advertising logo, trademark, figurines, or other similar marking or lettering shalt be placed on the tower or any wireless communication facilities mounted or otherwise attached thereto or any building used in conjunction therewith; d. The tower shall be located a distance equal to or greater than its height from any existing residential structure Located on adjacent parcels of property including any attached accessory structures; e. Towers must be at least three quarters (3/4) of its height from any property line on the parcel of property on which it is located, unless a licensed engineer certifies that the tower will not collapse or that it is designed in such a way that in the event of collapse, it falls within itself, and in that event, it must be located at least one-third (1/3) of its height from any property line; f. No signs shall be used in conjunction with the tower, except for one (1) sign not larger than 8 I12" high and 11" wide and as required by federal regulations; g. Towers shall not be leased or rented to commercial users and shall not otherwise be used for commercial purposes; and h All towers must meet all applicable state and federal statutes, rules and regulations, including obtaining a building permit from the City, if necessary 6. Emergency communications equipment during a declared public emergency, when the equipment is owned and operated by an appropriate public entity 7 Any wireless intennet facility that is owned and operated by a government entity 8. Antennas and related equipment no more than three feet in height that are being stored, shipped, or displayed for sale. 9. Radar systems for military and civilian communication and navigation. 18.71.040 Definitions. For purposes of this Chapter 18.71 of the Tukwila Municipal Code "TMC the following terms, phrases, words, and their derivations shall have the meaning given herein; words not defined herein which are defined in TMC Title 18, shall have the same meaning or be interpreted as provided in TMC Title 18. Words not defined here or in TMC Title 18 shall, except as may be otherwise provided, have their ordinary and common meaning. A reference to TMC Title 18 or this Chapter 18.71 TMC refers to the same as amended from time to time or as may be re- enacted. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, words in the singular number include the plural number, and the use of any gender shall be applicable to all genders whenever the sense requires. The words "shall" and "will" are mandatory and the word "may" is permissive. References to governmental entities (whether persons or entities) refer to those entities or their successors in authority If specific provisions of law referred to herein are renumbered, then the reference shall be read to refer to the renumbered provision. References WIRELE -1 e_ ET 'CET 222CC, 9/6/068/24/CG,5 to laws, ordinances, or regulations shalt be interpreted broadly to cover government actions, however nominated, and include laws, ordinances, and regulations now in force or hereinafter enacted or amended. 1. Ancillary Wireless Communication Facilities Any facilities, component, part, equipment, mounting hardware, feed lines, or appurtenance associated with, attached to, or a part of a tower, antenna, ancillary structures, or equipment enclosures, facilities equipment compound, and located within, above, or below the facilities equipment compound. 2. Ancillary Wireless Communication Facility Structure Any form of development associated with a wireless communications facility, including but not limited to: foundations; concrete slabs on grade; guy anchors; and transmission cable supports; however, specifically excluding equipment enclosures.. 3. Antenna(s) Any exterior system of electromagnetically tuned wires, poles, rods, reflecting disks, or similar devices used to transmit or receive elc“tr.,...agnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), wireless telecommunications signals, or other communication signals between terrestrial and /or orbital based points, including without limitation: directional antennas (also known as "panel" antennas) which transmit and receive radio frequency signals in a specific directional pattern of less than 360 degrees; onmi- directional antennas (also known as "whip' antennas) which transmit and receive radio frequency signals in a 360 degree radial pattern, but do not include antennas utilised specifically for television reception; and parabolic antennas (also known as "dish" antennas) which are bowl shaped devices for the reception and /or transmission of radio frequency communication signals in a specific directional pattern. 4. Antenna Array One or more antennas and their associated ancillary facilities, which share a common attachment device, such as a mounting frame or mounting support. 5. Building Mounted Wireless Communication Facility A wireless communication facility that is attached to an existing commercial, industrial, residential, or institutional building. 6. Collocation The practices of installing and operating multiple antennas and antennas of multiple utility companies, wireless carriers, service providers, government wireless and /or radio common carrier licensees on the same tower using different and separate antennas areas, feed lines, and radio frequency generating and/ or receiving equipment. 7 Feed Lines or Coaxial Cables for Wireless Communication Facility Cables used as the interconnection media between the transmission /receiving base station and the antenna. 8. Flush Mounted Antennas Any antennas or antenna array attached directly to the face of the tower or building such that no portion of the antenna extends above the height of the tower or building. 9 Public Entity Any federal, state, or local government body or agency 10. Public Right of Way All public streets, alleys, and property granted, reserved for, or dedicated to public use for streets and alleys, together with all public property granted, reserved for, or dedicated to 1 WIRELE -1W ELESS_Cc.'_.',MT 4C IC` 222C;;, 9 /61068R49-66, 6 public use including but not limited to, walkways, sidewalks, trails, shoulders, drainage facilities, bike ways and horse trails, whether improved or unimproved, including the air rights, subsurface right, and easements related thereto. 11. Public Safety Communications Equipment Radio or other communication equipment that is owned and exclusively used by public entities for emergency communication or communication between fire, police, and other rescue personal. 12. Significant Gan in Service A large geograohic area within a service area(s) of the applicant in which a large number of applicant's remote user subscribers are unable to connect or maintain a connection to the national telephone network through applicant's wireless telecommunications network. A "dead soot" (defined as small areas within a service area where the field strength is lower than the minimum level for reliable service) does not constitute a significant gao in service. 13. Tower Mounted Facilities A wireless communication facility that is mounted to a tower. 14. Tower, Electrical Transmission Any facility owned by Seattle City Light or Puget Sound Energy or any other electric utility that carries electrical lines which carry a voltage of at least 1151cv 15. Tower, Guy A tower that is supported with cable and ground anchors to secure and steady the tower. 16. Tower, Lattice A tapered style of tower that consists of vertical and horizontal supports with multiple legs and cross bracing and metal crossed strips or bars to support antennas or similar antenna devices. 17 Tower, Monopole A freestanding tower that is composed of a single shaft usually composed of two or more hollow sections that are in turn attached to a foundation This type of tower is designed to support itself without the use of guy wires or other stabilization devices. These facilities are mounted to a foundation that rests on or in the ground. 18. Tower, Wireless Communication Facility Any structure that is designed and constructed primarily for the purpose of supporting one or more antennas, induding self supporting lattice towers, guy towers, or monopoles. The term includes, without limitation, radio and television transmission towers, microwave towers, common carrier towers, cellular telephone towers, and alternative tower structures. 19. Utility Pole Any facility owned by Seattle City Light or Puget Sound Energy or any other electric utility that carries electrical lines which carry a voltage of less than 115k or any Qwest facility which carries telephone lines. 20. Wireless Communication Concealed Facility A wireless communication facility that is not readily identifiable as such and is designed to be aesthetically and architecturally compatible with the existing building(s) on a site, or a wireless communications facility disguised, hidden, or integrated with an existing structure that is not a monopole or tower; or, a wireless communication facility that is placed within an existing or proposed structure or tower or mounted within trees, so as to be significantly screened from view or camouflaged to WIRELE- 14 __CJ\ ^.72 C_1- C`; G9 C23O;,, 916/0„ 6, appear as a non antenna structure or tower (Le., tree, flagpole with flag, church steeple, etc.). 21. Wireless Communication Facility (Wtl`) Any tower, antenna, ancillary structure or facility, or related equipment or component thereof, which is used for the transmission of radio frequency signals through electromagnetic energy for the purpose of providing phone, intemet, video, information services, specialized mobile radio, enhanced specialized mobile radio, paging, wireless digital data transmission, broadband, unlicensed spectrum services utilizing part 15 devices, and other similar services that currently exist or that may in the future be developed. 22. Wireless Communication Facility Equipment Compound An outdoor fenced area occupied by all the towers, antennas, ancillary structure(s), ancillary facilities, and equipment enclosures but ekciuding parking and access ways. 23. Wireless Communication Facility Equipment Enclosure Any structure, including without limitation, cabinets, shelters, pedestals and other devices or structures, that is used exclusively to contain radio or other equipment necessary for the transmission and/ or reception of wireless communication signals, including without limitation, air conditioning units and generators. 24. Wireless Telecommunication Carrier Any person or entity that directly or indirectly owns, controls, operates or manages any plant, equipment, structures, or property within the City for the purpose of offering wireless telecommunication service within the City 18.71.050 Permits Required. 1. No person may place, construct or modify a wireless communication facility subject to this Chapter without first having in place a permit issued in accordance with this Chapter. Except as otherwise provided herein, the requirements of this Chapter are in addition to the applicable requirements of TMC Title 18. 2. Any application submitted pursuant to this Chapter shall be reviewed and evaluated by the Director for all projects located on public or private property The Director of Public Works or his /her designee shall review all proposed wireless communication facilities that are totally within City right of way If a project is both on private or public property and City right of way, the Director shall review the application. Regardless of whether the Director or the Director of Public Works is reviewing the application, all applications will be reviewed and evaluated pursuant to the provisions of this Chapter. 3. The applicant is responsible for obtaining all other permits from any other appropriate governing body (i.e., Washington State Dept of Labor and Industries, Federal Aviation Administration, etc.). 4. This Chapter provides guidelines for the placement and construction of wireless communication facilities not exempt as set forth in TMC Section 18.71.030 from its provisions and modification of wireless communication facilities. 5. No provision of this Chapter shall be interpreted to allow a wireless communication facility to reduce the minimum parking or Landscaping on a site. 1 WwELE- 1TrRnrsg tGMMTd .ra%.: `c_:_ &-off8w 9/6/ 6882.4 u, 8 6. Wireless communication facilities that are governed under this Chapter shall not be eligible for variances under Chapter 18.72 TMC. Any request to deviate from this Chapter shall be based on the exceptions or waivers set forth in this Chapter. 7 Third .Party Expert Review Applicants use various methodologies and analyses, including geographically based computer software, to determine the specific technical parameters of the services to be provided utilizing the proposed wireless communication facilities, such as expected coverage area, antenna configuration, capacity, and topographic constraints that affect signal paths. In certain instances, a third party expert may be needed to review the engineering and technical data submitted by an applicant for a permit. The City may at its discretion require an engineering and technical review as part of a permitting process. The costs of the technical review shall be borne by the applicant. 8. The selection of the third party expert may be by mutual agreement between the applicant and the City, or at the discretion of the City, with a provision for the applicant and beneficially interested parties to comment on the proposed expert and review its qualifications. The third party expert review is intended to address interference and public safety issues and be a site- specific review of engineering and technical aspects of the proposed wireless communication facilities and /or a review of the applicants` methodology and equipment used and is not intended to be a subjective review of the site which was selected by an applicant. Based on the results of the expert review, the City may require changes to the application. The expert review shall address the following a. The accuracy and completeness of submissions; b. The applicability of analysis techniques and methodologies; c. The validity of conclusions reached; d. The viability of other sites in the City for the use intended by the applicant; and e. Any specific engineering or technical issues designated by the City 9. Any decision by the Director, Director of Public Works, or Planning Commission shall be given substantial deference in any appeal of a decision by the City to either approve, approve with conditions, or deny any application for a wireless communication facility 10. No alterations or changes shall be made to plans approved by the Director, Director of Public Works, or Planning Commission without approval from the City Minor changes which do not change the overall project may be approved by the Director as a minor modification. 18.71.060 Types of Permits/Priority/Restrictions. 1. Applications will be reviewed based on the type of wireless communication facilities requested to be permitted. The types of wireless communication facilities and the corresponding types of review are described in the following matrix: [Type of Permit Required Based on Type of ta�nrrrc C?2 J1:I r.r. n 9 ,nom E1`[ RELE- �1- �aR- c e�z_..<.r,;..__-_.__.`: '�f3' ,9 %6J,,,�o !Wireless Communication Facility Type of I Location Facility Zoning Oesidential ;CommercialrtdustrialI Transmission Type 1 Type 1 Type 1 Tower Collocation Adding Type la Type la Type la Antennas to an dsting tower 'Utility Pole [Type 2 Type 2 (Type 2 I Collocation oncealed Type 2b Type 2b Type 1 Building Attached Von- Concealed type 2 Type 2 Type 1 Building Attached New tower or IT ype 4 !Type 4 }Type 4 waiver request Residential shall mean any private /public property or right of way zoned, LDR, MDR, or FIDR. Commercial shall mean any private /public property or right of way zoned, 0, MUO, RCC, NCC, RC, Rcf, TUC, C/LI or TVS. Industrial shalt mean any private /public property or right of way zoned LL HI, MIIC /L, or MIC /H. a. Provided the height of the tower does not increase and the square footage of the enclosure area does not atcreace. b. An applicant may request to install a non concealed building attached, under MAC Section 18.71.150. In the event of uncertainty on the style of a wireless facility, the Director shall have the authority to determine how a proposed facility is incorporated into the matrix. 2. The priorities for the type of wireless communication facility shall be based upon the above matrix. Any application for a wireless communication facility must work down from the above matrix. For example, an applicant must demonstrate by engineering evidence that using a transmission tower collocation is not possible before moving to a utility pole collocation, and so forth, with the last passible siting option being a new tower or waiver request. 3. The City's preference for locating new wireless communications facilities are as follows: a. Place antennas on existing structures, such as buildings, towers, water towers, or electrical transmission towers. b. Place wireless communication facilities in non- residentially zoned districts and non residential property c. Place antennas and towers on public property and on appropriate rights of ways if practical; provided that, no obligation is 1 r rrmcrrwCO3 3& o /2, 6VIRELE- �l�r�- ����EP °boa, 9/b/0,`,., CS, 10 created herein for the City to allow the use of City property or public right of way for this purpose. 4. City Property /Public Rights of Way The placement of personal wireless communication facilities on City owned property and public rights of way will be subject to other applicable sections of the Tukwila Municipal Code and review by other Departments (Le., Public Works and Parks and Recreation). 5. Wireless communication facilities shall not be permitted on property designated as landmark or as part of a historic district. 6. Applicants shall submit all of the information required pursuant to TMC Section 18.104.060 and the following: a. Type I. i. A completed application form provided by the Department of Community Development; ii. Four sets of plans prepared by a design professional. The plans shall include a vicinity map, site map, architectural elevations, method of attachment, proposed screening, location of proposed antennas, and all other information which accurately depicts the proposed project. Minimum size is 8.5" by 11" Plans shall be no greater than 24" x 36 iii. A letter from the applicant outlining the proposed project and an evaluation from the applicant with regard to the City's code requirements; iv Sensitive Area Studies and Proposed Mitigation (if required); v If an outdoor generator is proposed, a report prepared by an acoustical engineer demonstrating compliance with Chapter 8.22 TMC "Noise', and vi. SEPA Application (if required). b. Type LI. Applicant shall submit all information required for a type I application and the following. i, Four sets of photo simulations that depict the existing and proposed view of the proposed facility; ii. Materials board for the screening material; iii. Landscaping plan; iv Letter from a radio frequency engineer that demonstrates that the facility meets federal requirements for allowed emissions; v If the facility is located within a residential zone, a report from a radio frequency engineer explaining the need for the proposed wireless communication facility Additionally, the WIRE'LE-1 e. 'O\ YL C2 222.96,916102/24,T5,11 applicant shall provide dethiled discussion on why the wireless communication facility cannot be located within a commercial or industrial zone; and vi. If landscaping is proposed, four sets of a landscaping plan prepared by a Washington State licensed architect. c. Type IV The applicant shall submit all the information required for type I and type II applications and the following: i. All information required for new towers under TMC Section 18.71.070; E. The radio frequency engineer report shall include a discussion of the information required under TMC Section 18.71.070. The report shall also explain why a tower must be used instead of any of the other location options outlined in Table 1; iii. Provisions for mailing labels for all property owners and tenants /residents within 500 feet of the subject property; iv Engineering Plans for the proposed tower; v A vicinity map depicting the proposed extent of the service area; vi. A graphic simulation showing the appearance of the proposed tower and ancillary structures and ancillary facilities from five points within the impacted vicinity Such points are to be mutually agreed upon by the C'.`. Director of DCD and applicant. All plans and photo simulations shall include the maximum build -out of the proposed facility; vii. Evidence of compliance with minimum Federal Communications Commission (FCC) requirements for radio frequency emissions; viii. Evidence of compliance with Federal Aviation Administration (FAA) standards for height and lighting and certificates of compliance from all affected agencies; and ix. Evidence that the tower has been designed to meet the minimum structural standards for wireless communication facilities for a minimum of three providers of voice, video, or data transmission services, including the applicant, and including a description of the number and types of antennas the tower can accommodate. 18.71.070 New Towers. 1 WIRELE -1 `_'1 "�-a--src 1CC--.'` 0 L: e, 916 /^=OO _'/c^6, 12 1. New towers are not permitted within the City unless _._n gthe Planning Commission finds that the applicant has demonstrated by a preponderance of the evidence that: (11 Coverage Objective: There exists an actual (not theoretical) significant gap in service and the proposed wireless communication facility will eliminate such significant gap in sen7ce =n c 3Ia_ C_ network-. and (2) Alternates: N=o existing tower or structure, or other feasible site-a or other alternative technologies not requiring s ct4rcza new tower in the City can accommodate the applicant's proposed ant awireless communication facility; and (3) Least Intrusive: The proposed new wireless communication facility is designed andlocated to remove the significant gap in service in a manner that is. in consideration of the values, objectives and regulations set forth in this chanter, Title 18 TMC, and the Comprehensive Land Use Plan. the least intrusive upon the surrounding area. The Planning Commission shall be the reviewing body on the application to construct a new tower and shall determine whether or not each of the above reouirements are met :7.1 :L.__ L f .__%icy acv?= Examples of evidence demonstrating the foregoing reauirements include. but are not limited to, the following: the: ieic tea:... 4 =ea:t o the nn n .21, cc.:= _That the tower height is the minimum necessary in order to achieve the coverage objective; b. That no existing towers or structures or alternative sites ere located within the geographic area required to meet the applicant's engineering requirements to meet its coverage objective (regardless of the geographical boundaries of the City); c. That existing towers or structures are not of a sufficient height or could not be feasibly be extended to a sufficient height to meet the applicant's engineering requirements to meet its coverage objective; d. That existing structures or towers do not have sufficient structural strength to support the applicant's proposed antenna and ancillary facilities; e. That the applicant's proposed antenna would cause electromagnetic interference with the antenna on the existing towers or lArLRELE -1 Y e_ .3! C92 2• 9 /6 /08 /21,'C6,13 structures, or the antenna on the existing structures would cause interference with the applicant's proposed antenna; f. That the fees, costs, or contractual provisions required by the owner or operator in order to share an existing tower or structure or to locate at an alternative site or to adapt an existing tower or structure or alternative site for sharing are unreasonable. Costs exceeding new tower construction by 25 percent (23%) are presumed to be unreasonable; g. That an alternative technology that does not require the use of z'r __,:c. sa new tower, such as a cable microcell network using multiple low powered transmitters /receivers attached to a wireline system, is unsuitable. Costs of alternative technology that exceed new tower or antenna development shall not be presumed to render the technology unsuitable; and h. The applicant demonstrates other limiting factors that render existing towers and structures or other sites or alternative technologies unsuitable. All engineering and technological evidence must be provided and certified by a registered and qualified professional engineer and clearly demonstrate the evidence required. la The Planning Commission, after holding a public hearing, shall either approve, approve with conditions, or deny the application, or remand the application back to staff for further investigation in a manner consistent with the Planning Commission order. 18.71.080 General Requirements. The following apply to all wireless communication facilities regardless of type of facility 1. Noise. Any facility that requires a generator or other device, which will create noise, must demonstrate compliance with Chapter 8.22 TMC (Noise). A noise report, prepared by an acoustical engineer shall be submitted with any application to construct and operate a wireless communication facility that will have a generator or similar device. The City may require that the report be reviewed by a third party expert at the expense of the applicant. 2. Business License Requirement. Any person, corporation, or entity that operates a wireless communication facility within the City shall have a valid business license issued by the City annually Any person, corporation, or other business entity which owns a tower also is required to obtain a business license on an annual basis. 3. Signage. Only safety signs or those mandated by other government entities may be located on wireless communication facilities. No other types of signs are permitted on wireless communication facilities. 4. Parking. Any application must demonstrate that there is sufficient space for temporary parking for regular maintenance of the proposed facility 5. A tower shall either maintain a galvanized steel finish or, subject to any applicable standards of the FAA or FCC, be painted a neutral color, so as to reduce its visual obtrusiveness. 1 r. mcrrcc Ct F�'IILEL.E— Ir,- �a�,� _Z�C.�TI^ti 9 /6:O5C; =3 14 6. The design of all buildings and ancillary structures shall use materials, colors, textures, screening, and landscaping that will blend the tower facilities to the natural setting and built environment. 7 All antennas and ancillary facilities located on buildings or structures other than towers shall be of a neutral color that is identical to or closely compatible with the color of the supporting structure so as to make the antenna and ancillary facilities as visually unobtrusive as possible. 8. Towers shall not be artificially lighted unless required by the FAA, FCC, or other applicable authority If lighting is required, the reviewing authority shall review the lighting alternatives and approve the design that would cause the least disturbance to the surrounding areas. No strobe lighting of any type is permitted on any tower, 9. No advertising is permitted at wireless communication facility sites or on any ancillary structure or facilities equipment compound. 10. Equipment Enclosure. Each applicant shall be limited to an equipment enclosure of 360 square feet at each site. However, this restriction shall not apply to enclosures located within an existing commercial, industrial, residential, or institutional building. 18111.090 Electrical Transmission Tower Co- Location Specific Development Standards. 1. Height. There is no height requirement for antennas that are Located on electrical transmission towers. 2 Antenna Aesthetics. There are no restrictions on the type of antennas located on the electrical transmission tower. The antennas must be painted to match the color of the electrical transmission tower. 3. Antenna Intensity There is no limit on the number of antennas that may be located on an electrical transmission tower structure. 4. Feed lines and co-axial cables shall be attached to one of the legs of the electrical transmission tower. The feed lines and cables must be painted to match the color of the electrical transmission tower. 5. Cabinet Equipment. Cabinet equipment shall be located directly under the electrical transmission tower where the antennas are located. The wireless communication equipment compound shall be fenced and the fence shall have a minimum height of six feet and a maximum height of eight feet. The fence shall include slats, wood panels, or other materials to screen the equipment from view Barbed wire may be used in a utility right of way that is not zoned residential. 6. Setbacks. Since the facility will be located on an existing electrical transmission tower, setbacks shall not apply 18.71.100 Adding Antennas to Existing Tower Specific Development Standards. 1. Height The height must not exceed what was approved under the original application to construct the tower. If the height shall exceed what was originally approved, approval from the Director is required for any height which will be less than the maximum height of the zone. 1 W[RELE-- 1WTRr` 1 C: \T ^ti__n CN "-3'96, 9 /6 /Oc°,�_S,'CC, /5 2 Antenna Aesthetics. Antennas shall be painted to match the color scheme of the tower. 3. Antenna Intensity There is no limit on the number of antennas that may be located on an existing tower. 4. Feed Lines and Coaxial Cables. Feed lines and coaxial cables shall be located within the tower. Any exposed feed lines or coaxial cables (such as when extended out of the tower to connect to the antennas) must be painted to match the tower. 5. Cabinet Equipment. A new cabinet shall be located within the equipment enclosure that was approved as part of the original application, If the applicant wishes to expand the equipment enclosure from what was approved by the City or County under the previous application, the applicant shall seek a wireless communication facility (type II) application for only the equipment enclosure increase. 6. Setbacks. Setbacks shall not apply when an applicant installs new antennas on an existing tower and uses an existing equipment enclosure. If the equipment enclosure is increased it must meet setbacks. 18.71.110 Concealed Building Mounted Development Requirements. 1. Height The proposed facility must meet the height requirement of the applicable zoning category The antennas can qualify under TMVIC Section 18.50.080 (Rooftop Appurtenances) if the antennas are located in a church spire, chimney or fake chimney, elevator tower, mechanical equipment room, or other similar rooftop appurtenances usually required to be placed on a roof and not intended for human occupancy Stand alone antennas shall not qualify as rooftop appurtenances. 2. Antennas Aesthetics. The antennas must be concealed from view by blending with the architectural style of the building. This could include steeple like structures and parapet walls. The screening must be made out of the same material and be the same color of the building. Antennas shall be painted to match the color scheme of the building(s). 3. Feed Lines and Coaxial Cables. Feed lines and cables should be located below the parapet of rooftop. 4. Cabinet Equipment. If cabinet equipment cannot be located within the building where the wireless communication facilities will be located, then the City's first preference is to locate the equipment on the rooftop of the building. If the equipment can be screened by placing the equipment below the parapet walls, no additional screening is required. If screening is required, then the proposed screening must be consistent with the existing building in terms of color, style, architectural style, and material. If the cabinet equipment is to be located on the ground, the equipment must be fenced with a six-foot tall fence and materials shall be used to screen the equipment from view Barbv.ire may be used in the TVS, LI, Hl, bIIC /L, and MIC /H zones. 5. Setbacks. The proposed wireless communication facilities facility must meet the setback of the applicable zoning category where the facility is to be located. 1851.120 Non- concealed Building Mounted Development Requirements. 222.2C„ cp 9/61 '0a-,1-24/-05, 16 1. Height. The proposed facility must meet the height requirements of the applicable zoning category If the building where the facility is located is at or above the maximum height requirements, the antennas are permitted to extend a maximum of three feet above the existing roof line. Non-concealed building mounted facilities shall not qualify as 'Rooftop Appurtenances" under T14C 18.50.080. 2. Antenna Aesthetics. The first preference for any proposed facility is to utilize flush mounted antennas. Non -flush mounted antennas may be used when their visual impact will be negated by the scale of the antennas to the building. "Shrouds" are not required unless they provide a better visual appearance than exposed antennas. Antennas shall be painted to match the color scheme of the building(s). 3. Feed Lines and Coaxial Cables. Feed lines and cables should be Located below the parapet of rooftop. If the feed lines and cables must be visible, they must be painted to match the color scheme of the building(s). 4. Cabinet Equipment If cabinet equipment cannot be located within the building where the wireless communication facilities will be located, then it must be located on the rooftop of the building. If the equipment can be screened by placing the equipment below the parapet walls, no additional screening is required. If screening is required, then the proposed screening must be consistent with the existing building in terms of color, style, architectural style, and material. If the cabinet equipment is to be located on the ground, the equipment must be fenced with a- six-foot tall fence and materials shall be used to screen the equipment from view Barbwire may be used in the TVS, LI, HI, IC/L, and M[C /H zones. 18.71.130 Utility Pole Collocation. 1. Height. The height of a utility pole collocation is limited to ten feet above the replaced utility pole and may be not greater than 50 feet in height in residential zones. Within all other zones the height of the utility pole is limited to 50 feet or the minimum height standards of the underlying zoning, whichever is greater. 2. The replaced utility pole must be used by the owner of the utility pole to support its utility lines (phone lines or electric). A replaced utility pole cannot be used to provide secondary functions to utility poles in the area. 3. The replaced utility pole must have the color and general appearance of the adjacent utility poles. 4. Coax cables limited to one -half C7'2) inch in diameter may be attached directly to a utility pole. Coax cables greater than one -half (44) inch must be placed within the utility pole. The size of the cables is the total size of all coax cables being utilized on the utility pole. 5. The proposal shall not result in a significant change in the pedestrian environment or preclude the City from making pedestrian improvements. If a utility pole is being replaced, consideration must be made to improve the pedestrian environment if necessary 6. Cabinet Equipment. Unless approved by the Director of Public Works, all cabinet equipment and the equipment enclosure must be placed outside of City right of way If located on a parcel that contains a i T) building, the equipment enclosure must be located next to the building. ii 1112 E"'1T�-InL'T rcc Ci n 8 2 rracccv� -c:,_ L'.r .�T`^\ C �B 9/6 /Cwt; e o, 17 The cabinet equipment must be screened from view The screening must be consistent with the existing building in terms of color, style, architectural style, and material. If the cabinet equipment is to be located on the ground, the equipment must be fenced with a six-foot tall fence and materials shall be used to screen the equipment from view Barbwire may be used in the PIS, LI, HI, MIC /L, and bIIC /H zones. 7 Setbacks. Any portion of the wireless communication facilities Located within City right of way does not have to meet setbacks. The City will evaluate setbacks on private property under the setback requirements set forth in TMC Section 18.71.170. 18,71.140 Towers- Specific Development Standards. 1. Height Any proposed tower with antennas shall meet the height standards of the zoning district where the tower will be located. 2. Antenna and Tower Aesthetics. The applicant shall utilize a wireless communication concealed facility The choice of concealing the wireless communication facility must be consistent with the overall use of the site. For example, having a tower appear like a flagpole would not be consistent if there are no buildings on the site. If a flag or other wind device is attached to the pole it must be appropriate in scale to the size and diameter of the tower. 3. Setbacks. The proposed wireless communication facilities must meet the setbacks of the underlying zoning district. If an exception is granted under TMC Section 18.71.180 with regards to height, the setback of the proposed wireless communication facilities will increase two feet for every foot in excess of the maximum permitted height in the zoning district. 4. The color of the tower shall be based on the surrounding land 115P5. 5. Feed Lines and Coaxial Cables. All feed lines and cables must be located within the tower. Feed lines and cables which are not located within the wireless communication facility equipment compound that connect the tower to the equipment enclosure must be located underground. 18.71.150 Request to Use Non concealed Building Attached in Lieu of a Concealed Building Attached. The use of concealed building facilities shall have first priority in all residential and commercial zones. However, an applicant may request to construct a non -concealed building attached wireless communication facility in lieu of a concealed wireless communication facility The following criteria shall be used: 1. Due to the size of the building and the proposed location of the antennas, the visual impact of the exposed antennas will be minimal in relation to the building. 2. Cables are concealed from view and any visible cables are reduced in visibility by sheathing or painting to match the building where they are located. 3. Cabinet equipment is adequately screened from view CD,, °-2226 9/ 6/0;.°; x,18 4. Due to the style or design of the building, the use of a concealed facility would reduce the visual appearance of the building. 5. The building where the antennas are located is at least 200 feet from the Duwamish /Green River. 18.71.160 Landscaping/Screening. The visual impacts of wireless communication facilities may be mitigated and softened through landscaping or other screening materials at the base of the tower, facility equipment compound, equipment enclosures, and ancillary structures, with the exception of wireless communication facilities located on transmission towers or if the antenna is mounted flush on an existing building, or camouflaged as part of the building and other equipment is housed inside an existing structure. The Director, Director of Public Works, or Planning Commission, as appropriate, may reduce or waive the standards for those sides of the wireless communication facility that are not in public view, when a combination of existing vegetation, topography, walls, decorative fences or other features achieve the same degree of screening as the required landscaping; in locations where the visual impact of the tower would be minimal; and, in those locations where large, wooded lots, and natural growth around the property perimeter may be sufficient buffer. Landscaping shall be installed on the outside of fences. Existing vegetation shall be preserved to the maximum extent practicable and may be used as a substitute for or as a supplement to landscaping or screening requirements. The following requirements apply 1. Screening landscaping shall be placed around the perimeter of the equipment cabinet enclosure, except that a maximum ten foot portion of the fence may remain without landscaping in order to provide access to the enclosure. 2. The landscaping area shall be a minimum of five feet in width around the perimeter of the enclosure. 3. The applicant shall utilize evergreens that shall be a minimum of six feet tall at the time of planting. 4. Applicant shall utilize irrigation or an approved maintenance schedule that will insure that the plantings are established after two years from the date of planting. 5. The applicant shall replace any unhealthy or dead plant materials in conformance with the approved landscaping development proposal and shall maintain all landscape materials for the life of the facility In the event that landscaping is not maintained at the required level, the Director, after giving thirty (30) days advance written notice, may maintain or establish the landscaping at the cost of the owner or operator and bill the owner or operator for such costs until such costs are paid in full. 18.71.170 Zoning Setback Exceptions. A. Generally, wireless communication facilities placed on private property must meet setbacks of the underlying zoning. However, in some WIRELE-'1 TPELDI_COAaIL T2, I:20X, 916/068124/-06, 19 circumstances, allowing modifications to setbacks may better achieve the goal of this Chapter of concealing such facilities from view B. The Director or Planning Commission, depending on the type of application, may permit modifications to be made to setbacks when: 1. An applicant for a wireless communication facility can demonstrate that placing the facility on certain portions of a property will provide better screening and aesthetic considerations than provided under the existing setback requirements; or 2. The modification will aid in retaining open space and trees on the site; or 3. The proposed location allows for the wireless communication facility to be located a greater distance from residentially zoned (LDR, MDR, and'HDR) properties. C. This zoning setback modification cannot be used to waive /modify any required setback required under the State Building Code or Fire Code. 18.71.180 Height Waivers. Where the Planning Commission finds that extraordinary hardships, practical difficulties, or unnecessary and unreasonable expense would result from strict compliance with the height limitations of the zoning code, of the purpose of these regulations may be served to a greater extent by an alternative proposal, it may approve a height waiver to these regulations; provided that the applicant demonstrates that the waiverfsl will substantially secure the values. obiectives, standards, and requirements of this Chapter. TIvIC Title 18. the Comprehensive Land Use Plan. and demonstrate the folloxinP:.- 1. The granting of the height waiver will not be detrimental to the public safety, health, or welfare, or injurious to other property, and will promote the public interest, 2. 1 and ,2_.LL-= of these 3—A particular and identifiable hardship exists or a specific circumstance warrants the granting of a waiver. Factors to be considered in determining the existence of a. hardship shall include, but not be limited to: a. Topography and other site features; b. Availability of alternative site Iocations; c. Geographic location of property; and d. Size /magnitude of project being evaluated and availability of collocation. In approving the waiver request, the Planning Commission may impose such conditions as it deems appropriate to substantially secure the objectives of the values. objectives. standards. and requirements of this Chanter. TMC Title 18. and the Comprehensive Land Use Plan#_ WIRELE�1WIR SS_ M ?.^.1 T C-8 9/6 C 20 A petition for any such waiver shall be submitted, in writing, by the applicant with the application for Planning Commission review The petition shall state fully the grounds for the waiver and all of the facts relied upon by the applicant 18.71.190 Expiration. Any application to install or operate a wireless communications facility shall expire exactly one year from the date of issuance of the application unless significant progress has been made to construct the facility The City may extend the expiration period by up to one additional year due to circumstances outside of the control of the applicant. However, the City shall not issue an extension if any code revisions have occurred to the zoning chapter which would affect the wireless communication facility approved application. 18.71.200 Removal of Abandoned Wireless Communication Facilities. Any antenna or tower that, after the initial operation of the facility, is not used for the purpose for which it was intended at the time of filing of the application for a continuous period of twelve (12) months shall be considered abandoned and the owner of such antenna or tower shall remove same within ninety (90) days of receipt of notice from the City notifying the owner of such abandonment. Failure to remove such abandoned tower shall result in declaring the antenna and /or tower a public nuisance. If there are two or more users of a single tower, then this section shall not become effective until all users cease using the tower. Section 2.. TMC 18.104.060, Amended. Tukwila Municipal Code Section 18.104.060 is hereby amended by the addition of a new paragraph "m" following section 18.104.060(4)0) to read as follows: m. Wireless communication facility permits, see Chapter 18.71 TMC. Section 3. 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 4. 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 five days after passage and publication as provided by Taw PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day c f 2006. ATTEST/ AUTHEi TICA Jane E. Cantu, CMC, City Clerk Steven M. Mullet, Mayor Filed with the City Clerk: APPROVED AS TO FORM BY: Passed by the City Council: Published: Effective Date: Shelley M Kerslake, City Attorney Ordinance Number: 1 WWELE -1W4' F S—G .P.£b`\ i 3 C_ 9 /6!0Q /06, 21 Community Affairs and Parks Committee August 29, 2006 5:00 p.m. Present: Joan Hernandez, Chair; Joe Duffle, -and Pam Linder Steve Lancaster, Director of Department of Community Development; Brandon Miles, Assistant Planner; Chris Bacha, Assistant City Attorney; and Diane Jenkins, Administrative Assistant to the Council. Business Agenda: A. Wireless Telecommunications Chapter Briefing Mr Lancaster reminded the committee that a 2006 Budget Goal was the creation of a wireless telecommunications chapter within the city's zoning code. Mr Miles indicated that Planning staff began working on this project and briefed the Community Affairs and Parks (CAP) Committee in March 2006. CAP referred the matter to the Planning Commission. Mr Bache has extensive background and expertise on this subject and has reviewed drafts of the proposed ordinance. The explosion of cellular device usage has triggered the need for the City to examine the process used to review applications for wireless communication facilities. The Planning Commission has held'three public hearings as part of the process of developing the new telecommunications chapter As a result of those hearings and much discussion, the Planning Commission recommended restrictions on how new cell towers are permitted. Mr tvtiles reviewed the draft ordinance and responded to questions. He explained that one of the provisions of the ordinance is that a third party expert review be made of pen applications, for which the applicant would be required to pay Currently, the City pays for a third party review Ms. Linder suggested that this language be incorporated into other ordinances. Discussion of the proposed ordinance language continued. Ms. Linder asked how long it would take to process an application under each category Mr Miles replied that Type 1 would take approximately 28 days; Type 2, 3 months; and Type 4, 4 -5 months. Ms. Hernandez asked what would be classified as a 'Waiver request? Mr Miles noted that that would constitute height variances. Mr Miles continued and noted that there has not been a request for a new tower since 1990. A new tower is typically the last option for companies since it requires a large capital investment and a lengthy application process wherein they must demonstrate that a stand alone monopole is the only way they can provide service in a particular area. Mr Bacha relayed information concerning telecommunications litigation and topics that have or have not been addressed by the courts. Ms. Linder referred to new towers, `The Planning Commission shall be the reviewing body on the application to construct a tower and shall receive evidence demonstrating the following when acting on an application to construct a new tower in the City (although nothing should be construed to infer that meeting one, some, or all of the following shall entitle the applicant to approval) Ms. Linder noted that even if the applicant met all of the requirements, a permit could be denied. Mr Bacha replied that an applicant would have to meet the standard set by the 9 Circuit Court. Ms. Linder asked that this language be reviewed. Mr Duffie expressed concern with height of cellular towers and placement of antennas on buildings with historical significance. Forward to Committee of the Whole. Adjournment: 5:50 p.m. Committee Chair Approval Minutes by DJ. ,K ICA COUNCIL AGENDA SYNOPSIS a y biti,& ITEM NO. MM Date 1 Aunty by 1 maws >e 'iew 1 /Cjzral rr w 1 .a In'-'4 08/28/06 i er;\ j 1 1 Dennis I 1 0(144 :i 1 0_ I 09/11/06 1 Dennis :-4--0� 1 X3 ,,,,9oa_ 1 1 1 3, C 1 ITEM INFORMATION ICAS NUMBER: 0 1 (00 I ORIGINALAGEIDADATE: 8/28/06 AGENDA ram TI Council Goals for 2007 Budget CATEGORY Disassiai p Maya: p Raa'a&ion p Oz&wxe Bid Ava rl P,IiicHe iirg 01z- AftgDae8 /28/C6 lftgDate AfigDate Aftgfve ,:foD e AftgDae AfgDate I SPONSOR Council Mapr AdnSza DCD Fira ce Fite Lega l P&R Polite Pit'/ SPONSOR'S It is appropriate at this time of the year to discuss and establish the Council Goals and SUMMARY Budget for the 2007 Budget Document. The goals were first reviewed at the August 28 Council meeting. REVIEWED BY COW Mt GMT ante F&S CnAte Transportation Crate Utilities Crate Arts Comm. Parks Comm. Planning Comm. DATE: RE COMMENDATIONS: SPONSOR/ADAm Dennis Robertson COMMITTEE COST IMPACT FUND SOURCE EXPE 'NDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED Fund Source: Comments: MTG. DATE I RECORD OF COUNCIL ACTION i I I 1 1 MTG. DATE l ATTACHMENTS 1 8/28/06 2006 Council Program Description, Budget Narrative, 2006 2005 Program Goals 9/11/06 Revised 2007 Council Program Description, 2007 Focus /Goals, 2006 200 Program I Goals and draft of proposed 2007 Legislative Budget I I Department: City Council Program. Legislative Division: N/A Account: 01 -511 -600 Fund 000 General PROGRAM DESCRIPTION: {current program description} The City Council represents citizens by setting overall policy direction for the City The Council also represents the City in regional intergovernmental affairs and meets with state and federal legislators and City lobbyists to strengthen ties through regular contacts and communications. Policy direction is given by the Council through passage of motions and ordinances, and adoption of resolutions and ordinance;. Approving the annual budget with its implied policies is another Council responsibility In addition, the Council also approves comprehensive plans and capital improvement plans. It is the Council Administrative Assistant's duty to accist the Council in it's dutics by providing provide staff support to the City Council 2007 FOCUS or Goals Adopt information technology policies to develop automatic processes for on -line access of Council Packets. Consider options for starting a City telecommunications operations. Continue to evaluate personal technology options for Council members so they can participate in evolving City automation processes. Research current information and effective strategies for City participation in controlling "global warming." Adopt policies to set physical and appearance standards for city-owned property "lead by example." Provide meaningful capabilities to promote traffic enforcement and calming in residential neighborhoods. Continue to adopt zoning and comprehensive plans policies regarding Tukwila Valley South. Adopt policies that address safety (crime) and appearance issues on Tukwila International Boulevard (including Tukwila Village.) Advocate and develop campaign to address perceptions on Tukwila International Boulevard. Develop comprehensive plan for a Neighborhood Resource Center Focus on development of policies to improve housing stock for both single and multi family housing. Work with King County and state agencies to overcome gap on public health issues advocate for teen health center Implement the old "Residential Streets Program." Secure funding for a permanent Neighborhood Resource Center on TIB. 2006 PROGRAM GOALS: Adopt zoning and comprehensive plan policies regarding Tukwila Valley South. In work. Strengthen ties with state and federal legislators through regular contacts and communications. Completed. Adopt comprehensive plan policies for Transit Oriented Development. In work, planned for fall '06 Consider options for starting a City telecommunications operation. Deferred. Provide a counter defense to federal efforts proposing limitations on Cities ability to control its rights -of -way In work. Promote traffic calming in residential neighborhoods. Partially completed, but under funded. Evaluate personal technology options for councilmembers. Completed. Get monthly briefings on Washington, D C. lobbyists' work. Partially completed. 2005 PROGRAM GOALS: Schedule a facilitator to conduct a team building and process exercise for Council. Deferred indefinitely. Continue to refine City ordinances and policies to strengthen the City's residential community Completed. Adopt budget policies and refine Council procedures and schedules to strengthen financial planning in the City Completed. Work with other organizations to ensure that future state and federal policies and processes are beneficial to Tukwila citizens. Completed. Get monthly briefings on Washington, D C lobbyists' work. Completed. Schedule and hold an AWC financial planning workshop in early 2005. Deferred indefinitely. Promote traffic calming in residential neighborhoods. Partially completed. Department Legislative Total 2006 Budget Allocation Total 2007 Budget Allocation Total Budget Increase 2007 Vs. 2006 Account 000.01.511.600.11.00 000.01.511.600.13.00 000.01.511.600.21.00 000.01.511.600.23.00 000.01.511.600.24.00 000.01.511.600.25.00 000.01.511.600.25.97 000.01.511.600.31.00 000.01.511.600.41.00 000.01.511.600.42.00 000.01.511.600.43.00 000.01.511.600.49.00 Description Salaries Overtime Total Salaries FICA PERS Industrial Insurance Medical, Dental, Life, Optical Self- Insured Medical & Dental Total Benefits Supplies Total Supplies Professional Services Communication Travel Miscellaneous Total Services Total Legislative $ 250,388 $ 250,388 2006 2007 Budget Budget Allocation Allocation $ 160,647 $ 147,720 $ 160,647 $ 147,720 $ 12,289 $ 11,301 $ 4,932 $ 9,070 $ 1,773 $ 1,773 $ 17,376 $ 17,664 $ 22,971 $ 19,504 $ 59,341 $ 59,312 $ 2,000 $ 2,956 $ 2,000 $ 2,956 $ 3,000 $ 3,000 $ 400 $ 400 $ 20,000 $ 20,000 $ 5,000 $ 17,000 $ 28,400 $ 40,400 $ 250,388 $ 250,388 Lo0islallvo 01,511.xls 1 9/7/2006 8:50 AM Tentative Agenda Schedule MONTH MEETING 1=- MEETING 2 MEETING 3 MEE11NG 4 REGULAR C.O.W. REGULAR CO AA: September 5 (Tuesday) 11 18 25 Special Presentations: Soedal Issues: Labor Da Update on All Nations Tukwila Urban (Ci offices closed) Sze agenda packet Cup event Center Signal hJ cover sheet for this Interconnect and week's agenda Tukwila Pond concept ITS Project (September 11, 2006 Plan Committee of the Proclamations /Aunts.: Bid award Whole meeting). APpoinbnent of Full-time Lavern Peterson to construction Equity Diversity management Commission services Proclamation supplemental designating 9 -30-06 agreement as Mayor's Day of Part-time on -call Concern for the construction Hungry support services Consent A eon da: Final acceptance of \taule Ave./58th Ave. South /Campbell Hill Waterlines Project completion Public Hearing: Re- enactment of adult entertainment ordinance O ctober 2 9 16 23 30e ci Sneal Presentation: Fifth Monday of the US. Mayors' climate month—no Council protection agreement meeting cheduled (Kim Drury, City of S Seattle, Office of Sustainibility and CO>BUI1E =OFTHE Environment) wHOtE \Lc HNC TO BE FOLOV.TD S SFEcan MEETING November 6 13 20 27 npi— Veterans Day (City offices closed) 23a Thanlcsgivmg. and day after Thanksgiving (City offices do Upcoming Meetings Events SEPY'EiMBER 2006 I1th (Mondav'1 12th (Tuesday) 13th Wednesday) 14th (Thursdav) 15th (Friday) 1 16th (Saturday) Transportation Community FARMERS MARKET Tukwila Rotary Human Senices Chipper Corte, Affairs Nib Corner of .144th St. and Benefit Golf Providers, Day PM Corte, Tukwila Intl Blvd Tournament at 11:30 AM 5 (CR =l) 5:00 PM Every Wednesday Foster Golf Links Tukwila 10:00 AM to CR 4Community 1:00 Pm 3 (now [brooch Sept t 27) ty Civil Service 3:00 to 7:00 PM Center l J Arts Commission, 7 -1 00 PM 5:00 PM Y Commwv y` (CR h3) Cerva) REsCHEDLLED l' mcmatuk wilax-aay Sign up with a City Council FROM SEPT. 5TH t eam or as an Committee of FJUGrmersmarkethtm indhddaaL the Whole Mtg., Highway 99 For more A ction Corte, Sister City Cmte, 7:00 PM information visit (Cowcil 7:00 PM 530 PM www.utilarotary Chamber) (Cornmwn(ty (CR '3) .o>o Censer) 1 E TRAMEE -LNG! 18th (Mondavi" 19th -(Tuesday) 20th (Wednesday) 21st IThiiridayl 22nd (Friday) 1 23rd (Saturday) Finance& Utilities Cmte, /lime Hot Spots Domestic Safety Cmte, 5:00 PM Task Force Mtg., Violence Task 5:00 PM (CR 10:00 AM (CR 43) Force, (CR =3) 12:00 NON FARMERS MARKET (CR 45) City Council Corner of 144th SL and Regular Mtg, Tukwila Int'I. Blvd 7:00 PM Every Wednesday (Council (now through Sept 27) Chambers) 3:00 to 7:00 PM Parks Commission, 5:30 Pat (Community Center) Library Advisory Board, 7:00 PM (Senior Game Room at Community Cm) NOTE SPECL4L MEE THIS MONTH Sister City ante, 5:30 PM (CR #3) Ex7RA MEETNG! Arts Commission: 1st Tues., 5:00 PM, Tukwila Community Center- Conran Kimberly %fatej at 206- 767 -2342. Chipper Daps, sponsored by the Wash. State Dept of Agriculture: 3rd Sat, 10 :00 AM to 1:00 PM, Foster HS main parking. lot. Dispose of pnmings and plant materials from the longhomed beetle quarantine area. Drive your truckload of mArnrials to the lot and betp will be provided to unload, chip, and dispose, of materials free of charge- Be sure to bring ID with quarantine area address. >City Council Committee of Whole (C.O.W.) Meeting: 2nd 4th Mon., 7:00 PM, Council Chambers at City Hall. City Council Regular Meeting: 1st 3rd Mon., 7:00 PM, Council Chambers at City Hall. Civil Service Commission: 2nd Mon., 5:00 PM, Cont Room =3. Contact Bev gridiron at 206 -433 -1844 Community Affairs Parks Committee: 2nd 4th Tues_ 5:00 PM, Con£ Room 41 Agenda items for 911106 muting: (A) WRIA9 interinrnl agreement (B) Initfatn a 933. >COPCAB (Community Oriented Policing Citizens Adv. Board): 4th Wed, 6:30 PM, Conf. Rm 45. .farja 1 fwray (206 433 -7175) Crime Hot Spots Task Force: 3rd Wed, 10:00 AM, Cont Room 45. Contact:Narja Murray at 206433 -7175. Domestic Violence Task Foxe: 3rd Thurs., 12:00 Noon Cent Room -5- Contact Ev(e Boylan or Stacy Hansen m 205- 433 -7780- >Equity Diversity Commission: 1st Thurs., 5:00 PM, Showalter Middle School Library. Conkr_J Diane.Ientins at 206 -433 -1834 Finance Safety Committee: 1st 3rd Mon, 5:00 PM, Conf Room a3. >Highway 99 Action Committee: 2nd Tues., 7:00 PM, Tukwila Community Center. Corat ChiefDave Haynes at 206- 433 -1812 >Human Services Advisory Brd: 2nd Fri. of even months 10:00 1st, Human Services Office. Contact Evte Bay:kan at 206433 -=180 >Human Services Providers: Quarterly, 1130 AM, TCC (2006 3:17, 6'16, 9115, and 1218). Contact Stxy Hansen at 206 -433 -718!. Library Advisory Board: 3rd Wed., 7:00 PM, Foster Library. Contact Bruce Fletcher at 206- 767 -2343 >Parks Commission: 3M Wed, 5:30 P3!, Senior Game Room at Community Center, Contact Kimberly :fate] m 206. 767 -2342 >Planning CommissionBoard of Architectural Review: 4th Thurs.. except god Thursday in Nov. Dec., 7:00 PM. Council Chambers at City Hall. Contact JPyr-tta Bryn at 206431:3670. >Sister City Committee: 1st Wed, 5:30 PM, Conf. Room 43- Context Bev Plillison at 206- 433 -1844. >Transportation Committee: 2nd 4th Mon., 5:00 P3!, Conf. Room ?l. Agenda items for 9/11106 meeting: (A) Tukwila Urban Center Signal Interconnect andllS Project: (I) Bid ai:ard a) Full-time corrzs(nicfon mar„agement Supplemental agreement. (3) Pan -tine on-call construction support services. Utilities Committee: 1st 3rd Tues., 5:00 PM, Conf. Room =I. Court Busy Court and/or Jury Calendar (noted to alert employees and citizens of potential parking difficulty).