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HomeMy WebLinkAbout1991-11-18 Regular MinutesNovember 18 1991 7:00 p.m. CALL TO ORDER ROLL CALL OFFICIALS CITIZENS COMMENTS CONSENT AGENDA Res.# 1196 Ord.# 1161 Ord.# 1162 Res.# 1197 PUBLIC HEARINGS Appeal of Issuance of C.U.P. for US West Cellular Tower by Normed Shaw Partnership TUKWILA CITY COUNCIL Mayor VanDusen called the Regular Meeting of the Tukwila City Council to order and led the audience in the Pledge of Allegiance. JOE DUFFIE; JOAN HERNANDEZ; DENNIS ROBERTSON, Council President; CLARENCE MORIWAKI; ALLAN EKBERG; STEVE LAWRENCE, JOHN RANTS. MIKE KENYON, City Attorney; JOHN McFARLAND, City Administrator; BOB McQUEEN, Assistant Chief of Police; RON CAMERON, City Engineer; RICK BEELER, DCD Director; ROSS EARNST, Public Works Director; ANN SIEGENTHALER, Assistant Planner; DENNI SHEFRIN, Associate Planner; DON WILLIAMS, Parks Recreation Director. None MINUTES *MOTION CARRIED. (Vouchers withdrawn). Tukwila City Hall Council Chambers a. Approval of Minutes: October 21 28 b. Approval of Vouchers General Fund $457,319.62 City Street 253,250.56 Arterial Street 242,740.10 Land Acq., Building, Dev. 304,934.05 Facility Replacement (302) 13,952.39 Water Fund 45,522.40 Sewer Fund 77,471.71 Foster Golf Course 18,361.70 Surface Water (412) 2,197.85 Equipment Rental 35,557.60 Firemen's Pension 2.943.90 TOTAL $1,454,251.88 c. A resolution approving an interlocal agreement providing for law enforcement mutual aid. d. An ordinance increasing the City/METRO rate for sanitary sewer, increasing the disposable income criterian, and repealing Ord. 1605. e. An ordinance raising the maximum limit on income necessary for senior citizens and disabled citizens to qualify for reduced water and sewer rates (amends Ord. Nos. 1540 and 1407). f. A resolution approving the use of vehicle registration tax revenues to fund traffic safety and capacity projects as identified in the Annual TIP Update. MOVED BY ROBERTSON, SECONDED BY HERNANDEZ, TO APPROVE THE CONSENT AGENDA AS SUBMITTED.* Councilmember Duffle requested the vouchers be withdraw from the Consent Agenda and discussed under New Business, Item 8b As this was a quasi judicial hearing, Mayor VanDusen opened the hearing at 7:06 p.m. and conducted a joint swearing in of those who would testify during the proceedings. Larry Shaw, NorMed Shaw Partnership, appellant, explained he had requested the appeal based on the particular location for the tower. He believes it is an inappropriate location as it is right next to a major exit /entrance to the City of Tukwila. Specifically, Mr. Shaw's property Tukwila City Council Regular Meeting November 18, 1991 Page 2 Public Hearines (con't Appeal of Issuance of C.U.P. for US West Cellular Tower by Normed Shaw Partnership Proponent is directly across the road from the subject property. His business is one block from the tower site. Mr. Shaw believes this area to be a key gateway to Tukwila as it is located directly at the end of the exit /entrance ramp to the freeway. It is a highly visible location. Mr. Shaw believes if the C.U.P. is upheld, there will be less incentive for quality businesses to develop in the area. Mr. Shaw questions the necessity to put a 120 foot tower on such low ground and questions the developer's ability to landscape the tower. At this particular location, Shaw feels the tower will be detrimental to the overall quality of the area. John Hunt, Planning Consultant, 1218 34th Ave., Seattle, was retained by US West Cellular. Mr. Hunt stated he would try to explain why the tower has be 120 feet high and why it has to be at this particular location. He gave a brief explanation on the efficiency and broad use of cellular telephones. Tukwila received service from the "Tukwila antennae" which is located near the water tower on 164th and Military Road (SeaTac). It is a tall tower at a high location, it pumps out a higher signal and covers the area from Burien to South Seattle, down into Kent, and across into Renton. To serve the growing number of cellular users in the Tukwila and valley area, the capacity has to be increased. To increase that capacity, the old high hilltop cells had to be replaced with cells based on antennas at lower locations, such as the valley, using natural topography to isolate their signal in a restricted area. Using a prepared map, Mr. Hunt pointed out the location of cells in the area, noting the need for an East Andover cell (which was approved by the Planning Commission in August). This cell will be placed in the East Andover Industrial Park. North of the hill a location was need to serve Martin Luther King Way, I -5, I -599, Highway 99, and Military Road. A critical coverage limitation is the attempt to get the signal up as far as Military Road where the last ridge provides a barrier to the signal that will come from the other side near Burien and the SeaTac area. The cells require line sight transmission. Currently, the Tukwila area is served by the 'Tukwila antennae" on 164th. The cell is overloaded and the entire system has been redesigned and subdivided around it. Most likely there will be 8 to 12 cells serving the area that was formerly served by the one cell. That cell will be turned down in power, directionalized, and will probably serve only the SeaTac area. The channels cannot be reallocated until the Riverton cell is approved and constructed. Mr. Hunt explained that alternative sites were considered, however, due to site requirements they were forced to look for a site within the height exception area. The subject site is not within the height exception area but very close to it. It has the large elevated structure of Highway 599 and tall light poles next to it. Three tall gasoline stations are just across the highway. The process has taken a year and a half during which time the company, in good faith, has moved its site search several times and has abandoned options for other areas. The process is subject to FCC and FAA review and approval. Moving to another site at this time would take another six months to a year and would put the sub division of the cell system up to two years behind schedule. Cellular customers of US West would suffer a lack of capacity and lack of ability to make calls in the Tukwila area due to the inability of the company to reallocate cell design and reorient the existing Tukwila antennae. Hunt distributed topographical maps and explained that the area which showed a gradual slope between Highway 99 and Military Road dictated that to serve both areas from this particular area on a line of site transmission would require a 120 foot tall tower. It was suggested at the Planning Commission hearing that the tower be moved away from the interchange towards the back of the light industrial zone. There's only a short distance before you get into residential zone, and at that point, the line of site across SR99 and Military Road is approximately 150 feet tall from grade and reaches 160 feet tall from grade when you get to the base of the hill. Actual tests of signal strength confirmed that at 120 feet, a margin of acceptable signal was reached. Regarding Mr. Shaw's concerns that the area maintain a high level of appearance in quality, Mr. Hunt stated he also hoped the area would develop in the manner the City Tukwila City Council Regular Meeting November 18, 1991 Page 3 Public Hearines (con't) Appeal of Issuance of C.U.P. for US West Cellular Tower by Normed Shaw Partnership Rebuttal Hearing Closed 8:13 p.m. 7l 1 -7 intends; however, cellular has limitations as to what it is and what it can look like. Because of the topography, the primary service area is in the industrial area. The users in the industrial area are on I -5, SR99, Highway 99 and Military Road. Again, because of the topography, to serve the area from one site rather than two, three, or four means the tower must be placed in the middle of the area and be high enough to serve the edges of the service area with a clear signal. Mr. Hunt added that in order to satisfy the Planning Commission and the City staff, his firm produced seven design alternatives involving building placement, constructing of earth berms, and the planting of the tallest and most dense trees that would reflect the same growth of trees as in the interchange area; however, the tower will always be visible above the top of the trees. Mr. Hunt stated he felt the landscaping at this location was the best of any of the cellular service sites. Councilmember Hernandez inquired how wide the tower would be and what material it be constructed of. Mr. Hunt responded the tower would be made of steel and be three and one half feet wide at the base tapering to approximately 16 inches at the top. It would be earthquake proof, wind proof, and immovable. According to DCD Director Rick Beeler, during the last three years the City has been deluged with requests for cellular towers and there are not many locations where the towers can be built. Denni Shefrin, Associate Planner, gave a brief overview of the Planning Commissions findings during meetings in August and September, which resulted in the Commission granting a CUP (Conditional Use Permit) to US West for a 120 foot cellular phone tower at the subject site. In rebuttal, Mr. Shaw restated that this area was a crucial gateway for the City. He asked why another less visible site couldn't be found. Councilmember Lawrence asked if Mr. Shaw believed the appearance of this tower would devalue his property or buildings. Mr. Shaw responded he was genuinely concerned that the area continue to develop with the quality he's seen in the area. He is concerned that once a CUP is granted for an area, it may encourage development of lesser quality. Councilmember Duffie asked how many sites the proponent considered prior to the site on 44th Ave. So. Mr. Hunt responded that at the time the initial site search was conducted, there were four optional sites. Three sites were in Allentown; however, Tukwila staff made it clear that policies in the zoning code would probably result in the denial of those sites. The subject site was the only one left to proceed on. Councilmember Robertson asked for the dimensions of the base of the tower. Mr. Hunt responded it is an auger cast drilled hole approximately eight feet in diameter and 40 feet deep. MOVED BY MORIWAKI, SECONDED BY ROBERTSON, THAT THE CONSIDERATION OF THE APPEAL OF A CONDITIONAL USE PERMIT FOR US WEST CELLULAR BE DEFERRED UNTIL THE DECEMBER 2ND REGULAR MEETING.* Council President Robertson noted the agenda on December 2nd was extremely full. Councilmember Lawrence suggested the issue be decided at this time. It seems unlikely there would be more pertinent information generated in the next two weeks. Councilmember withdrew his motion. Council President withdrew his second to the motion. MOVED BY MORIWAKI, SECONDED BY DUFFIE, TO CALL SPECIAL MEETING PRIOR TO THE COW ON NOVEMBER 25TH.* Tukwila City Council Regular Meeting November 18, 1991 Page 4 Public Hearings (con't) Appeal of Issuance of C.U.P. for US West Cellular Tower by Normed Shaw Partnership OLD BUSINESS Sign Code Revisions Council President Robertson commented that the agenda for the November 25th COW was also full. ROLL CALL VOTE: DUFFIE HERNANDEZ ROBERTSON MORIWAKI EKBERG LAWRENCE RANTS *MOTION FAILS 4 -3. NO NO YES YES YES NO NO MOVED BY ROBERTSON, SECONDED BY LAWRENCE TO DENY THE APPEAL BASED UPON THE FACTS AS PRESENTED IN THE AGENDA AND BY THE PLANNING COMMISSION.* Robertson stated he was in favor of the motion because of the site location difficulties and the limitations involving a variety of issues. In his opinion, the tower will not be noticeable after a short time. Councilmember Moriwaki spoke against the motion because he felt it was difficult to visualize the impacts of the tower without visiting the site. Councilmember Lawrence stated the proponent meets the general review criteria. There is no outstanding feature upon which to reasonably deny the CUP. The Planning Commission did a good job of mitigating the impacts of the tower. He agreed with Robertson that eventually the tower will blend in. In his opinion, the impacts at this location is minimal compared to other possibilities, i.e., on a hillside. *MOTION CARRIED WITH MORIWAKI AND DUFFIE VOTING NO. THE APPEAL IS DENIED. Council President Robertson noted that in the draft ordinance there was no mention of non illuminated signs. Ann Siegenthaler, Assistant Planner, explained that this issue, along with four others, were addressed by the Planning Commission. In their last hearing, the Planning Commission recommended that size, height, and setback should be changed. They did not recommend any other changes to the sign code requirements for high school signs. There is currently a provision in the sign code that restricts illumination of signs in general and prohibits "undue glare In the specific zones to which this would apply, residential zones and commercial zones where signs would face residential zones, there are specified some additional restrictions on illumination, i.e., foot candle, lamberts, indirect illumination, bare bulbs, etc. In addition, for those types of provisions already in the sign code, each of these signs in these situations is reviewed by the Planning Commission. In their discretionary review, there would be some review of the illumination and impacts of a particular sign. Council President Robertson asked if it were possible for someone to put up a sign that would not be non -light emitting. Ms. Siegenthaler repeated that there is currently a provision in the ordinance that restricts illumination to a certain level of lamberts, foot candles; it does prohibit "undue glare The Planning Commission would have some latitude in interpreting what is considered "undue glare What may be considered "bright" in one situation may not be considered "bright" in another situation depending on the impact and who is affected. A discussion on the distinction between all schools and other public uses followed. It was the decision of the Council to limit the classification to "publicly funded" facilities to cover schools, fire stations, libraries, etc., since these are funded by tax dollars and benefit the community as a whole. Tukwila City Council Regular Meeting November 18, 1991 Page 5 NEW BUSINESS City Engineer Ron Cameron introduced Chuck Crandall, CH2M Hill, Functional Arterial Street who gave an overview of the Functional Street Classification Study Classifications noting recommended changes to the classifications. A public hearing has been scheduled for this issue on December 2, 1991. Interlocal Agreement Growth Council President reported that staff has recommended this issue Management Council of King not be accepted. It was the consensus of the Council to accept staff's County recommendation and not accept the terms of the Interlocal until the composition issue and others have been resolved or clarified. Ross Earnst, Public Works Director, serves on the Liason Committee and will keep the administration and Council advised. Council President Robertson listed two issues the City would be sensitive to: 1) macro level analysis of alternatives, which addresses land use and sufficiency of population in each center, and 2) policies for joint county and city planning with interurban growth areas. Councilmember Rants added that the main conflict between the county and the cities comes from the fact that the county does not determine zoning or land use policies within the cities. This is the responsibility of each city. Council President Robertson suggested the Council discuss this issue at their council retreat in January. Approval of Vouchers (from Councilmember Duffle explained he had removed the vouchers from Consent Agenda the Consent Agenda because he did not approve of the $10,000 payment to the Bender firm for their work on the city attorney issue. MOVED BY ROBERTSON, SECONDED BY MORIWAKI, THE VOUCHER BE PAID AS PRESENTED.* REPORTS Mayor's Office '1 Councilmember Hernandez stated council had agreed to hire an attorney and to pay for their services. Councilmember Duffie responded he realized the payment had to be made but he disagreed with the whole thing. Councilmember Rants added he had voted against spending the money from the beginning; however, because it was a council action, it was done with Council agreement. *MOTION CARRIED WITH DUFFIE VOTING NO. MOVED BY ROBERTSON, SECONDED BY RANTS, TO APPROVE THE REMAINING VOUCHERS. MOTION CARRIED. John McFarland reported the new TIA applications are due November 25. Under the existing CIP plans the East Marginal Way project is listed as a viable project. Council is now considering removal or deferral of the project for future CIP's. Staff is requesting Council approve this project and include it as part of the City's TIA project to preserve the possibility of receiving a grant. If Council decides to remove the project, the City would withdraw from the process; but if Council decides not to withdraw and application is not made, the City will lose an opportunity for grant monies. Staff is requesting an opportunity to preserve options regarding this project. MOVED BY RANTS, SECONDED BY DUFFIE, THAT STAFF SUBMIT THE PROSPECTUS AND MAKE A DETERMINATION ON THE PROJECT AT A LATER DATE.* Earnst explained that even if Council determined not to do anything with the project now, there would still be some cost involved to maintain it. Council President Robertson stated Council would need a more thorough discussion of the issue and possibly send it back to the Transportation Committee to make sure that all associated costs are understood. Council discussed the options available to them and the effect on the CIP. Ross Earnst explained that if the prospectus is not submitted, the money will go back into the "pot" and the City will have to reapply at a future date. The CIP shows $2 5 million of state money. If the City Tukwila City Council Regular Meeting November 18, 1991 Page 6 Renorts (con't) City Council EXECUTIVE SESSION 10:05 p.m. 11:00 p.m. ADJOURNMENT 11:00 p.m. chooses not to match those funds, we will be not be eligible to receive TIA money. *MOTION CARRIED WITH MORIWAKI VOTING NO. Councilmember Moriwaki reminded Council of the timeliness of the issue. The prospectus must be submitted by November 25th. MOVED BY RANTS, SECONDED BY DUFFIE, TO FUND THE PROJECT AT A RATE OF $2.5 MILLION. Following further discussion, Council determined this issued would be addressed again during the budget review next week. *MOTION CARRIED WITH MORIWAKI VOTING NO. Resident Wendy Morgan, 15144 65th So., #404, commented she would charge the Council with two activities in 1992 which she considered critical to this project and similar ones in the future. 1) Set a policy that requires the administration to submit all plans for submitting grants and, 2) Set a policy on how developer's agreements are made. Councilmember Hernandez reported on the Hotel/Motel tax discussed at the Suburban Cities Association meeting. Currently, the excess tax goes back to the county instead of to the originating city. If there is an excess, Tukwila may want to look into tapping into that resource. Hernandez suggested lobbying with the City of SeaTac on this issue as the latter has an abundance of hotels /motels within their boundaries. On another issue, Hernandez reported the SCA had written a letter to King County Animal Control urging them not to cut their services and try to keep the services at the current level. Councilmembers Hernandez and Moriwaki both attended the opening of the Endeavor House for which the City assigned $25,000 of CDBG monies for the purchase of the building. It is a transition foster shelter for children and adolescents with emotional and mental problems. Council President Robertson stated he was interested in replacing Councilmember Moriwaki as the Council's representative on the Human Services Roundtable. MOVED BY MORIWAKI, SECONDED BY LAWRENCE, THAT COUNCILMEMBER ROBERTSON SERVE AT THE COUNCIL'S REPRESENTATIVE ON THE HUMAN SERVICES ROUNDTABLE. MOTION CARRIED. MOVED BY DUFFIE, SECONDED BY LAWRENCE, TO RECESS FOR FIVE MINUTES AND ADJOURN TO EXECUTIVE SESSION TO DISCUSS LABOR MATTERS AND OPEN SPACE LAND PURCHASES. MOTION CARRIED. The meeting was called back to order at 11:00 p.m. MOVED BY DUFFIE, SECONDED BY RANTS, THAT THE MEETING BE ADJOURNED. TION CARRIED. an usen,` M or C .Jaffe E. Cantu, City Clerk