← Back to City Council Digest

Planning Policy Commission Auto captions

Thursday, January 24, 2019

6:30 PM · 1h 46m · Council Chambers, 135 E. Sunset Way, Issaquah WA
Topics tracked across meetings:
Comprehensive Plan Amendments AB 9202 4/20
2019 Docket of Comprehensive Plan Amendments AB 7726 1/3
Section
1. CALL TO ORDER
1a
Commission Membership
packet pp.3
Staff report:
Planning Policy Commission About Staff Liaison Created in 1983, this commission serves as a Trish Heinonen, Planning Manager policy advisory body to the Mayor and provides Email guidance and direction for Issaquah’s future growth through continued review and improvement to the Regular Members City’s Comprehensive Land Use Plan and related 2019 – Joan Probala land use documents. 2020 – Ron Faul 2020 – Troy Rahmig Membership 2022 – Joy Lewis The Planning Policy Commission is comprised of 2022 – Vacant seven regular members, with four-year terms; and 2022 – Bill Rinehart several alternates, with two-year terms. All 2022 – Lindsey Walsh members are appointed by the Mayor and subject to confirmation by the City Council. Terms expire Alternate Members April 30 of the year listed. For more information, 2020 – AJ McGauley see IMC 18.03. 2020 – Vacant 2020 – Jason Voiss 2020 – Vacant
3. APPROVAL OF MINUTES
3a
Minutes of December 13, 2018 9 - 16 2019 Docket of Issaquah's a) Comprehensive Plan Amendments, (D)
Trish Heinonen, Planning Policy Manager Christen Leeson, Senior Planner Emily Arteche, Senior Planner · packet pp.5–8
Topics: Land Use
Staff report:
could be brought back to PPC for more
3b
Proposed Amendments to IMC 18.22 Wireless Communication Facilities, (D)
Keith Niven, Development Services Director · packet pp.17–38
Topics: Land Use
Staff report:
The proposed amendments to IMC 18.22 Wireless Communication Facilities are intended to comply with an order issued by the US Federal Communications Commission related to deployment of small cells and other wireless infrastructure within the City.
5. REGULAR BUSINESS
5a
Presentation - Issaquah Sign Code Update: Scope, Process and Public Outreach, (I)
Emily Arteche, Senior Planner · packet pp.39
Staff report:
2015 United States Supreme Court case (Reed v. Town of Gilbert) provided direction to all cities, towns and counties regarding sign regulations, particularly for temporary signs, including content and freedom of speech. Issaquah is required to comply with the Supreme Court ruling and is undergoing a sign code update in 2019. While amending the code to comply with the Supreme Court case, this update will also consolidate the City’s various sign codes into one document for ease of use by the business community, the public and City staff. The consolidation includes sign regulations found in the Issaquah Municipal Code, Olde Town Design Standards and the Central Issaquah Development and Design Standards.
6. OTHER BUSINESS / ANNOUNCEMENTS
6a
Upcoming Schedule
packet pp.41
0:13 okay good evening welcome to the policy
0:16 and planning commission meeting today
0:18 for January 24th 2019
0:22 today we have three agenda items who are
0:27 going to be public hearings with
0:29 recommendations and then the third is
0:31 going to be a proposal and those
0:34 subjects are the first one is going to
0:36 be the 2019 docket a proposed
0:39 comprehensive plans and amendments
0:43 second line item here is going to be
0:47 proposed amendments to the IMC 18 dot 22
0:51 wireless communications facilities and
0:54 then the third agenda item tonight is
0:56 going to be the sign code update project
0:59 and that is informational first order of
1:03 business today is to go ahead and
1:04 approve the meeting minutes from
1:07 December 13th 2018 I'd like to move to
1:11 approve the minutes from December 13th a
1:13 second second big all in favor aye
1:17 okay motion carries
1:20 or night motion carries minutes are
1:23 approved and we will go ahead and go to
1:25 our first agenda item and tris Happy New
1:31 Year it's the docket time again
1:36 comprehensive plan amendments I know you
1:38 think you just finished with last year's
1:41 and you did and now it's time for the
1:44 2019 and so the processes you recommend
1:49 the established list to council they
1:51 establish the list and then we start
1:53 working on all the amendments and we
1:55 bring them to you at the end of the year
1:57 and you make a recommendation to Council
1:59 and then we start over next year so you
2:02 guys are good at this we do this every
2:04 year it's a smaller docket this year you
2:07 may have noticed because we have a lot
2:09 of other projects in the pipeline for
2:11 you all so we tried to scale back if
2:16 that's possible with you all four of
2:19 them are annual amendments the
2:21 Transportation
2:23 six year plan that you do every year the
2:26 population and household projections
2:29 update that we get from the state the
2:31 update to the job targets all those
2:33 annual pieces that we do and there's a
2:35 couple of new ones as you recall from
2:39 the parks strategic plan last year they
2:41 had on their work plan that they're
2:43 going to be updating the tree canopy and
2:45 when they get the information back from
2:47 their work on the tree canopy it will
2:50 come to you to see if we need any
2:51 different policies or different targets
2:54 for the comprehensive plan policies that
2:56 we have on the tree canopy that's going
2:58 to be a fun one
2:59 also the mountains to Sound Greenway we
3:02 have some real general policy direction
3:06 in that and we want to strengthen that a
3:08 little bit so it's it speaks more to our
3:10 support for that area so that's listed
3:13 it's also in the land-use element so far
3:17 we have one community facility parcel
3:21 that needs redesignate in this year but
3:23 so far we've only we only have one so
3:25 we'll keep you posted on that if we're
3:28 we have questions out to the Parks
3:30 Department public works engineering and
3:33 ops to see if they purchased any that
3:37 that we need to change the zoning for so
3:38 we'll keep you apprised of that the
3:42 centralized co-op plan you've probably
3:45 heard that we're updating we call it
3:47 overhaul title 18 which is the land use
3:50 code and if there's any pieces that fall
3:52 out of that that have to be cleaned up
3:54 in the central plan we're putting this
3:57 on as a placeholder just so we're able
3:58 to do that when we need to our work on
4:02 the water plan last year that you so
4:05 diligently looked at all the new
4:07 policies we're thinking of combining
4:09 part of the utilities and public
4:12 services plan element with the capital
4:15 facilities element of the comp plan
4:17 because there's a lot of overlap on how
4:19 they talk about provisions that the city
4:21 provides so we're thinking that the comp
4:24 plan could be more efficient if we
4:25 actually merge some of those sections
4:28 and only say them once in the plan so
4:30 we're gonna we're hoping to do that this
4:32 year we're going to talk about the
4:34 treasurer's you all had mentioned
4:36 you want to talk about the treasures
4:38 we're not sure exactly what that's gonna
4:40 look like so we're gonna have you help
4:42 us with that and then again the capital
4:45 facilities element update the level of
4:47 service which should be farther along
4:49 with the fire impact fees police general
4:52 government rate studies and maybe even
4:54 parks by the end of the year so we can
4:56 amend that element and the top nine
5:00 those are the ones the administration is
5:02 recommending we do yes sir the sort of
5:10 the treasures those aren't currently in
5:12 planters are currently and they've been
5:14 in since 1993 okay so what would the
5:18 update be just um we're gonna look at
5:20 them again and see do we still need the
5:21 treasures how do you feel about the
5:23 treasures how do you want to use the
5:24 treasures it's sort of it's gonna be
5:26 sort of a philosophical conversation
5:28 with you all first they are fabulous so
5:32 it's a fabulous list if you haven't
5:33 looked at him recently I've seen the
5:35 list but I was it says it said knew him
5:37 in there for a second I thought it was
5:39 because they weren't yeah we haven't
5:40 done we haven't touched him since 1993
5:43 what would be an example of a treasure
5:45 oh there's 35 of them the Salmon
5:48 Hatchery Pickering farm the mist in the
5:51 mountains they're natural and physical I
5:56 mean they're there they're a plethora of
5:58 items that the community felt in 1993
6:01 were valuable pieces of our community
6:04 that when we grew in 20 years it was the
6:07 first thing we did for growth management
6:09 they wanted to be sure we still had
6:12 those when we grew in 20 years so that
6:14 was sort of move on to see what made us
6:16 special so that was the first step makes
6:18 is the clock is a clock yeah it's pretty
6:21 fun less it puts the claw and it's a
6:23 claw it's the church I have a few
6:26 questions I know the green necklace plan
6:29 has some elements that would kind of fit
6:32 into the transportation element around
6:35 you know paths and things like that do
6:38 we need to call that out in proposed
6:41 amendment one transportation element or
6:43 I think we're thinking most of the green
6:46 necklace piece is going to be in the
6:48 land-use code update
6:49 because it'll be it'll probably be
6:51 Street standards trail segments we might
6:54 need a new trail segment or two new
6:56 trail segments but we're thinking all of
6:58 that is mostly implementation since the
7:01 the bulk of the policy direction went
7:04 into the strategic plan of parks when
7:06 you guys help with that
7:07 so we're thinking now we just need to
7:09 get it in code to implement it okay and
7:11 then I know we're going to talk about
7:13 sign code this year yeah that need to be
7:16 listed um that's not really a
7:19 comprehensive plan piece that's
7:20 certainly in the land use code then a
7:23 right perhaps a plan okay right got it
7:24 but yeah that's gonna be some fun to
7:26 have a question also yes for her point
7:29 what's the difference between
7:30 non-motorized routes route maps updated
7:34 reflective da's and other potential
7:36 citywide changes compared to the green
7:40 necklace because it isn't the green
7:42 necklace a non-motorized route
7:44 non-motorized routes generally are those
7:48 that you would use not as recreation you
7:51 could use them for recreation but
7:53 they're there to get from point A to
7:54 point B they're not necessarily
7:59 recreational and so this set of
8:01 improvements some of them are on
8:03 development agreement Maps now that
8:06 we've talked to the applicant that you
8:08 know the master builder and said you
8:10 know your community has to have this
8:11 this and this and then they connect back
8:13 out to the city plan so they have to
8:17 connect and so we want to be sure that
8:18 once we're like with talus and
8:21 Highland's those were switched last year
8:25 those were not route the apps that have
8:27 renewed we got rid of those two
8:29 development agreements and now we have
8:30 code we want to be sure that all the
8:32 development agreements and all those
8:34 non-motorized pieces that are in them
8:36 and fit to ours are actually all in the
8:39 Comprehensive Plan not just our part of
8:41 it so that anyone looking at our plan
8:43 could see the continuum of the non
8:46 motorized route that we're wanting some
8:48 of it would be our provision some would
8:50 be the applicants provision that makes
8:52 sense yeah thanks for the clarification
8:54 because right now they're in two places
8:55 and we would like it all in one any
9:00 other questions on the nine that we're
9:02 proposing
9:03 and there's just one the tenth one that
9:06 is sort of perennial e on there someday
9:08 we want to get back to the standards for
9:11 sustaining places but but not this year
9:15 tonight is your public hearing and
9:17 discussion on the nine all on the ten
9:19 and then if you're comfortable to make a
9:22 recommendation to council that would be
9:24 great any other questions so we're just
9:26 recommending that this is the stuff that
9:28 we should cover right because the state
9:30 only allows us to amend the comp plan
9:33 once a year so we established the list
9:35 so that let's say in July some one comes
9:38 up and says hey we got a comp plan
9:40 amendment we want you to do that would
9:42 have to go on next year's any other
9:46 questions before we open it up there you
9:51 are
9:51 did you want to
10:09 [Music]
10:15 okay I will close public hearing then
10:18 and then do we but uh let Mariupol you
10:23 speak what if you do you feel
10:25 comfortable that you can finish this one
10:26 or do you want to take a little break
10:28 from the docket and hear the mayor and
10:30 then go back to the docket it's up to
10:31 you gonna speak on the docket well maybe
10:41 we should just wrap with the docket
10:42 where well well Ron it's on it we'll
10:44 wrap up with the doctor okay good I
10:50 don't have any comments I think I think
10:52 yeah I think we I think we just peppered
10:53 you with our questions I would like to
11:04 move to approve the 2019 docket for the
11:07 proposed comprehensive plan amendment a
11:10 second second no sorry yeah sorry I did
11:16 think of one question can you briefly
11:18 speak to for item number one how does
11:21 how did sighs how does that relate to
11:23 the work that the new transportation I
11:26 call the Commission but that the
11:29 advisory board is the work they're gonna
11:31 do going to impact this iteration of the
11:35 tip or they more looking forward towards
11:37 next year I'm just curious by later I'm
11:40 not sure I know you're gonna be working
11:41 on the master mobility plan but I'm not
11:43 sure what other pieces you're going to
11:45 be working on I'll tell you the truth
11:46 all right okay I'm sure we've covered
11:50 whatever it is in the gonna plant piece
11:54 hopefully all rights a little backtrack
11:56 do I hear a second second Hey all in
12:00 favor aye
12:01 oh do we need to say just one through
12:05 nine or was that it would be helpful
12:07 just okay make it on the record I would
12:10 like to amend my motion to clarify
12:14 amendments one through nine will be
12:16 covered in 2019 does our second degree
12:20 what
12:22 all in favor aye
12:24 motion carries for the 2019 docket of
12:28 proposed comprehensive plan amendments
12:30 perfect I'd like to invite the mayor up
12:33 to to just say some wonderful things and
12:36 get out of the docket so it doesn't
12:42 Thank You Trish my name is Mary de Polly
12:45 I'm the mayor of the city of Issaquah
12:48 and I want to thank Trish for my
12:49 patience there are a lot of things going
12:51 on in town tonight there is some
12:53 strategic plan deep dive meetings going
12:56 on and I'm trying to run between the
12:58 different buildings so I apologize that
13:00 I'm late I just wanted to come tonight
13:02 and say thank you to all of you for
13:04 volunteering for the city and the
13:06 Planning Policy Commission I think we
13:08 don't come out often enough and face to
13:10 face to talk with you and say thank you
13:12 for the work that you do the Commission
13:14 is actually 35 years old this planning
13:18 policy advisory board it advises both
13:22 the mayor and the council providing
13:23 guidance and direction for Itzik West
13:25 future growth most of the work that you
13:27 do has to do deal with the city city's
13:30 comprehensive plan and any other rate
13:32 related land-use documents so you are a
13:36 bit of our research in fact-finding
13:38 group that helps us constantly think
13:40 about how we're growing if we're growing
13:43 in the right way and how we'd like to
13:44 change it and I'm not sure if the public
13:46 realizes that you are volunteers that
13:49 you are unpaid that you have given up
13:51 your private time your family time
13:53 social activities to spend evenings with
13:58 our staff listening to the information
14:00 and having thoughtful conversations
14:01 about how we want to grow how we want to
14:03 grow I think it's also probably not
14:07 apparent to many members of the public
14:08 that while you're sitting here and and
14:10 being thoughtful and having
14:11 conversations tonight you had to do your
14:13 homework beforehand and so one of the
14:15 things I really appreciate is the amount
14:17 of time that you spend in reading the
14:18 materials that staff prepares asking
14:21 follow-up questions and really being
14:22 ready when you come tonight to have a
14:24 great debate so on behalf of our
14:27 community I want to thank you for all of
14:29 your service and all that you do we have
14:32 in the past done
14:33 boarding commission hospitality events
14:35 and we're hoping to do one this year as
14:37 well it's really fun when we get members
14:39 from different boards and commissions
14:40 interacting because you just sort of
14:42 play off each other and the energy in
14:44 the room is absolutely astounding so I
14:46 don't have any details but we are hoping
14:48 to do that this year so thank you thank
14:50 you for volunteering and thank you for
14:52 all the hard work you do for our
14:53 community it's appreciated thank you
14:56 Mary Ellen polygon thank you
15:05 yeah next order of business is a public
15:09 hearing for proposed amendments to the
15:10 imc 1822 wireless communications
15:13 facility and take it away
15:27 excuse me I good evening commissioners
15:29 Keith Niven director of economic
15:31 development and development services so
15:34 I'm gonna start by just griping a little
15:38 bit so you know when we enact a new code
15:41 a new chapter for the city's land use
15:45 code my hope is that we don't have to
15:47 come back and change it within a year
15:49 but here we are so I had to get that off
15:52 my chest
15:54 the second thing is I I really take
15:58 pride in working hard to make sure that
15:59 what we bring you makes our community
16:01 better I'm not sure this is that but
16:05 what this is is basically us responding
16:09 to an order by the Federal
16:11 Communications Commission to facilitate
16:14 the implementation of 5g
16:16 telecommunications and in so doing there
16:21 was an order that localities do some
16:25 things with their codes to make sure
16:27 that happens and so the amendments that
16:32 are being proposed at this time are in
16:34 response to the FCC order I included
16:38 this in my presentation I'm not going to
16:40 read it you you're welcome to if you
16:42 want it's an op-ed from the mayor of San
16:44 Jose and it addresses why localities are
16:48 unhappy about what the FCC did because
16:52 it really takes away a lot of our local
16:53 authority and I think we're not super
16:57 excited about that so this was published
16:58 in The New York Times and I just thought
17:01 it was a good summary of what's going on
17:03 so so I'm gonna take a break for a
17:06 second and just say I think what the
17:09 administration is gonna recommend for
17:10 this evening is that you open the public
17:12 hearing
17:13 you take public testimony from anyone
17:15 who would like to give it but that we
17:17 leave it open and continue the public
17:19 hearing until February 14th because we
17:23 received a number of comments from the
17:26 wireless carriers late this afternoon as
17:29 late as 450 I believe was the latest one
17:32 we got so obviously staff haven't had
17:35 time to evaluate those and as you
17:38 remember hopefully from the last
17:39 we did this dance we really tried to
17:42 work through most of those language and
17:45 nuanced issues with the carriers so that
17:48 what ultimately came to the Commission
17:50 for recommendation there was as few
17:52 discrepant
17:54 parity as possible and I think we'd like
17:56 to take the same philosophic approach
17:59 this time and because we haven't had a
18:03 chance to really digest those comments
18:04 and and address them
18:06 my recommendation is I'm going to go
18:08 through a couple of the bigger changes
18:10 and then open the public hearing I'll
18:16 answer any questions you guys might have
18:18 tonight but I think we really should
18:20 continue this till the 14th so the major
18:23 changes one of the one of the biggest
18:26 changes coming from the FCC order was we
18:30 cannot prohibit the installation of
18:35 facilities to complete the networks that
18:38 they're trying to build and as you
18:41 remember what we did in our siting
18:42 criteria is we created encourage
18:45 locations discourage locations and then
18:48 prohibited locations and so and Daniel
18:52 Kenny from Ogden Murphy Wallace is here
18:53 too if we have any legal questions to
18:56 answer and so what we've done is we've
18:59 added a deviation section and what that
19:04 allows is so if if they need to install
19:08 a new facility and the encouraged
19:13 locations aren't won't work for them
19:16 from a technical reason and the
19:17 discouraged won't and the only place
19:20 that will is a prohibited location now
19:23 there's a process where they can go
19:25 through to say here's why we have to go
19:26 here an example would be if you remember
19:30 four new macro towers we prohibited them
19:33 in single-family zones if they came back
19:37 and said the only way we can provide
19:39 coverage is to place a new macro tower
19:42 in a single-family zone our new code
19:46 would allow that to potentially happen
19:51 the second piece is the sorry Keith um
19:54 yes sir so where's the where is the new
19:56 language that walks through that process
19:58 are you gonna walk I knew you were gonna
20:00 ask that it is section 90 I believe it's
20:05 so the deviation I think is 90 see doing
20:11 that from memory
20:13 my lawyers nodding it might get my
20:15 clothes Laura yeah you can wait look at
20:18 that so that's the news so there's
20:20 criteria and we're gonna and one of the
20:22 comments we got was to massage that
20:26 criteria language least intrusive which
20:29 you'll see under number two that's a
20:32 that's a phraseology that we can't use
20:35 it's because of litigation so so we've
20:40 working on a different way to say the
20:42 same thing so think about it this way
20:44 what we're trying to do is let's assume
20:46 let's assume that a carrier wants to put
20:51 a macro tower or even a small cell tower
20:54 or small wireless facility in a
20:57 residential area let's let's say it's a
20:59 private street so it's going to have
21:01 residential zoning and they say we need
21:05 to do it there because otherwise we
21:06 can't get coverage to those back Lots
21:08 okay great I would like to have a
21:10 conversation with the carrier about can
21:12 we put that pole like not right across
21:15 from the bedroom windows of the guy
21:17 across the street right so that he wakes
21:19 up everyday and looks at that thing if
21:21 we could move it ten feet to the north
21:22 maybe it's behind a tree and and that
21:25 would be a great thing to do so that
21:27 least intrusive thing in my mind gives
21:30 us still a little bit of a ability to
21:34 move it around on the property to try
21:37 and minimize the nuisance effect if it
21:40 goes in somewhere where we otherwise
21:42 thought it shouldn't go so we're working
21:45 on that language the second piece on
21:48 here three six four ten that's oh did I
21:51 not answer your question no what you did
21:53 but then I read it so then I have
21:54 another question so it's not allowed so
22:00 of course kidding the so then you so two
22:04 questions one do you think that the city
22:06 staff has or will have the necessary
22:09 resources to be able to have that
22:11 technical conversation can you speak to
22:12 that so so the code right now allows us
22:16 to hire a consultant so if so to get
22:20 through the first two pieces which is
22:22 they couldn't put it in the in the
22:25 encouraged location and they couldn't
22:27 put it in the discourage location the
22:29 carrier is gonna have to provide a
22:30 technical report okay and so I don't
22:34 know anything about radio frequencies
22:36 well I kind of do but not not to where I
22:38 could like read a report on it and
22:39 understand what it's saying so we're
22:41 gonna have to hire somebody to say look
22:42 is this legitimate and assuming the
22:44 answer is yes then we go down that next
22:48 rung on the ladder so so I think the
22:51 city will be able to access the
22:53 technical expertise we need to be smart
22:56 about implementation of the code and
22:57 then who pays for that reporting they
23:00 did well they pay for the report and
23:01 they pay for our review of the report
23:03 okay so there's okay so there's no
23:05 financial burden on the city we're gonna
23:07 get to that in so three six four oh one
23:09 o the second line so the next thing the
23:14 FCC said is so cities you can't extract
23:19 extract a huge permit fee for these
23:23 applications you know here's here's what
23:27 you should charge but what they also
23:29 said is you know I'm these are like the
23:33 standard fees unless you can demonstrate
23:35 it costs you something else and so what
23:40 we are and this and so we've already
23:42 been to Infrastructure Committee as an
23:44 informational conversation so I floated
23:46 this to them as well I think where the
23:48 council is pointing right now and this
23:50 is some fodder for you guys to think
23:52 about for our next discussion is the
23:55 administration right now has kind of
23:57 changed what we think we want to do
24:00 we're actually going to recommend going
24:02 to time and materials for these specific
24:04 applications so we will track our time
24:06 to make sure that the city recovers full
24:09 burdened cost of reviewing
24:11 these permits so they were gonna get to
24:14 sit in ones because for most this is
24:16 hopefully a relatively straightforward
24:17 but there's one where you do get into
24:19 some sort of technical dispute and all
24:22 of a sudden it requires hours of time to
24:25 move something ten feet that would be
24:27 covered the next one so these all feed
24:30 on each other the next one so we had
24:32 said in the initial code that they could
24:35 they could consolidate ten new
24:39 facilities in one permit right we
24:41 figured okay you know Street you can get
24:43 ten new antennas that can be one permit
24:45 and we'll review that for the fee that
24:47 we had in the code FCC said now they
24:52 could they could do the whole city in
24:54 one permit okay so now we're talking
24:58 about a lot more time to review that
25:00 permit because it just got a lot more
25:01 complicated right and so so a lot of it
25:04 has to do with how they choose to apply
25:07 for permits but the way that the FCC
25:11 order was written it kind of opens the
25:14 gates for it to be something that could
25:17 be really time-consuming from a city
25:19 standpoint so so what we're suggesting
25:22 in the new red line of the code which
25:27 you guys don't have yet would be to go
25:29 to time and materials where they would
25:31 basically post a two thousand dollar
25:33 deposit that we would then charge
25:36 against and it's clear that if we run
25:38 out they would have to then post another
25:40 deposit until we get the permit issued
25:43 is well there'll be a mechanism if they
25:46 do they've like a full city application
25:48 or they do all that and then we do the
25:50 analysis and there's maybe two or three
25:51 that we want to dispute but the rest are
25:54 just fine is there way to break that
25:55 apart or they if they handle the whole
25:57 permit all at once a super great
25:59 question i I'm not ready to answer that
26:03 question since it's dealing with
26:06 disputes there yeah we might want to
26:09 talk to my lawyer about that before I
26:10 provide answer TV but just because I
26:15 won't get that at the next meeting it'll
26:17 be good to do something is I can see how
26:19 neither could easily be one or two
26:21 antennas that
26:22 then become a sticking point right and
26:24 the rest are just fine and you don't
26:25 want to see be yeah it seems better to
26:28 be able to bifurcate those and then to
26:31 get in some sort of technical dispute
26:32 around one specific spot but then kind
26:34 of let the rest move forward with no
26:37 unnecessary delays my hope would be that
26:39 the applicant in the city could
26:41 negotiate that as an outcome right yeah
26:44 because I think it's that's in both best
26:46 interest but I don't I don't want to be
26:49 in a position where they're speaking out
26:53 of death so I I don't have a lawyer that
26:55 I can call is that is that I don't want
26:58 to be a musician where like they've got
26:59 weather oh we have a thousand antennas
27:01 and you're holding it up because of just
27:02 one right well no those are those are
27:04 different disc rights that we have the
27:06 permanent language that allows us to do
27:09 that I'll think about that as I rego
27:14 through this with their comments so the
27:17 next one is the shot clock so shot clock
27:20 is it's a term that was coined by the
27:24 FCC it's it relates to how long we get
27:28 to issue the permit and so the shot
27:31 clocks have been reduced as you can see
27:33 from the numbers that are up on the
27:37 screen and the shot clocks also kind of
27:41 start earlier so so you know worst case
27:44 scenario the permits got a lot more
27:47 complicated because now they're more
27:48 than 10 and our time that we have to
27:52 issue them has gotten shorter so you
27:55 know we'll we haven't had any
27:58 applications yet so you know we adopted
28:00 this code like 10 months ago or so and
28:04 not yet Verizon and AT&T just got
28:09 franchise agreements approved in the
28:11 city so the next step for them would be
28:14 to make applications for at the actual
28:19 antennas yes sir
28:20 do do we have an on-call contract or
28:22 anything that we're gonna have stood up
28:23 to do the technical work needed since
28:25 work might all of a sudden just show up
28:27 real quick not at the moment you know
28:30 any people that do like RF fruit
28:33 reviews.i I do not um that is something
28:36 we should start working on I'm gonna I'm
28:39 gonna ask Emily to take the lead on that
28:41 okay yeah I mean I don't wanna do you
28:45 guys this job but I know it's a good
28:46 it's a great suggest you don't want a
28:48 given given Tedder shot clock you don't
28:49 wanna burn half your clock just going
28:51 through procurement yeah absolutely
28:52 contract or whatever and then the last
28:57 item is remember we talked about all the
29:00 cabinetry and equipment that goes with
29:02 it that the size of what's allowed
29:05 increased from 17 cubic feet to 28 cubic
29:09 feet I have a question how let's just
29:18 take Old Town for an example yes there
29:20 how many of these small towers or small
29:23 cells do we expect to see we don't know
29:28 the answer to that and a lot of it and
29:31 maybe some of the carriers will want to
29:33 address that my understanding is it's a
29:36 capacity issue right so so they're gonna
29:39 put up antennas and the antennas are
29:42 intended to stream more data to users
29:45 right and so it's it's its demand driven
29:49 so if if let's say Old Town becomes a
29:53 hub for people streaming Netflix you
29:57 know you're gonna see a lot more
29:59 antennas per you know block than you
30:03 would in another part of town where
30:05 maybe people aren't on their wireless
30:08 devices or their mobile devices
30:10 streaming data it's it's it's demand
30:14 driven I think is my understanding so
30:16 let's assume everyone in Old Town likes
30:18 to stream prime and netflix at the same
30:21 time it's the worst case scenario we
30:26 based on how many carriers we have we
30:28 have t-mobile Sprint Verizon Wireless
30:30 and AT&T so for carriers there's and
30:32 Comcast in code yeah Comcast yeah and
30:39 they don't share you know right so they
30:42 don't share so we could be seen
30:44 potentially a
30:46 five boxes on every single telephone
30:51 pole in all town I mean a guide so we're
30:57 talking about some of these restrictions
30:58 and it's only like 12 in Old Town this
31:00 yeah be it's not such a big deal but if
31:02 we're seeing you know on every stone on
31:05 every telephone pole then all sudden
31:07 this is a really big deal that the
31:10 public has no clue about so so yes you
31:19 know we have put some design standards
31:22 in code now I think that you know when
31:28 we start to see the deployment it may
31:33 very well be that we want to come back
31:34 and redress the design pieces of the
31:38 boxes because the boxes are you know we
31:43 don't have the ability to say you can't
31:45 put that 28 qubit that three by three by
31:47 three cube you know out there at the
31:50 base of a light pole it's right here
31:55 twenty-eight cubic feet is kind of three
31:57 by three by three more or less a little
31:59 bit last but so but you know as we if
32:05 you remember from last time the carriers
32:08 need a certain amount of vertical
32:10 separation between antennas and so
32:13 you're not going to get five carriers on
32:16 one pole what's going to happen is
32:19 because we still have a certain maximum
32:22 that the pole can be above what's there
32:25 now so replacement pole can be 15
32:28 percent bigger than the one that's there
32:30 now right up to a certain height and so
32:32 you may end up with two carriers that
32:34 would be on one pole so that's two
32:36 antennas and two boxes to two beer
32:40 fridges down at the bottom you know but
32:43 then the third carrier who wants to go
32:46 there is either gonna have to be across
32:48 the street or they may have to put their
32:49 own pole in because there's not enough
32:52 vertical separation for them to also be
32:55 on that same pole so so to answer your
33:00 question if you're wanting to know what
33:02 this is gonna look like 10 years from
33:03 now I have no idea you know we can't use
33:08 last year and say well nothing's happen
33:09 so in ten years nothing's gonna be
33:11 changed there will be new facilities new
33:14 boxes new antennas I just don't know how
33:17 many I don't think anybody does I don't
33:18 think they can answer that question
33:19 either if you're if you want to pose it
33:21 to them when they come and speak I think
33:25 we're gonna have to kind of keep track
33:27 of this and as stuff gets put in if we
33:31 need to come back and revisit code then
33:33 that's what we'll do so a question here
33:37 is do we have the ability to say we want
33:41 to hold off on deployment or issuing
33:45 permits until we see samples from other
33:48 cities so that we don't make mistakes so
33:52 the FCC order went into effect this
33:54 month so so if if t-mobile came in then
34:02 correct me if I'm wrong but if t-mobile
34:03 came in tomorrow and wanted to deploy
34:06 and we said yeah now we're not ready or
34:09 no you got to comply with our code that
34:12 we enacted before the FCC rules they
34:15 would have grounds to litigate against I
34:20 assume against our non-compliance with
34:23 the FCC order so even during pending
34:26 litigation that the city is involved in
34:28 so a stay was not granted so the the
34:34 localities made a motion for a stay
34:37 which are like an injunction to hold off
34:40 on implementation of the order that was
34:43 denied by the 10th court but it got sent
34:46 to the 9th court do you want to do this
34:47 this is not my world do you want to talk
34:49 about the all right because I was just
34:54 making stuff up Daniel Kenny with Ogden
34:58 Murphy so our firms actually not
35:00 representing the city on that litigation
35:01 they joined a larger group so I am not
35:04 like totally versed on that but the stay
35:06 was requested both at the FCC and in
35:09 that piece of litigation and it was
35:10 denied so we have
35:13 the order is in place as of earlier this
35:15 month and the city needs to comply with
35:18 that and needs to address the code I
35:21 think maybe we're speaking more to kind
35:23 of like a moratorium which we cannot do
35:25 so I would say that for better or worse
35:29 industry has been slow to make a permit
35:33 application that's probably been good so
35:36 that everybody can work through the
35:37 FCC's order because that came out before
35:40 the new year but then also as Keith said
35:42 earlier tonight would have been nice to
35:44 get one to see how it all works right to
35:46 work through it to some extent that sets
35:50 the table for what can be done later for
35:52 competitive equity issues so like I said
35:55 it's kind of good and bad but should
35:57 they come in it would be processed
36:00 consistent with the FCC order and
36:02 consistent with code to the extent that
36:04 it can so on those ideas we're not
36:13 obviously not the only city that's going
36:15 to be dealing with this and we're
36:18 probably one of the later stages for
36:22 where they're gonna want to be like
36:24 they're gonna want to do this in Seattle
36:27 first because there's going to be more
36:28 people and more density do we have any
36:31 sense of whether or not those
36:33 applications have come in to other
36:35 cities whether there's a timetable
36:40 anything so small Wireless facilities
36:46 have been installed in other cities I
36:49 think a lot of the photos we shared with
36:52 you guys last time we're from the Bay
36:53 Area you know I think I think you know
37:00 the difficult thing is so are they
37:05 installing them in other cities locally
37:08 now I assume they are looking at my
37:11 friends out in the audience they're all
37:13 looking blank so you know I think I mean
37:16 I don't know where the questions going
37:18 Lindsey I think you know every cities
37:22 every cities codes a little
37:23 friend ours we spent a lot of time on
37:27 pole Heights and on whether or not you
37:32 can you can they can put their in their
37:34 facilities on municipally-owned poles we
37:37 are I can say pretty much an outlier in
37:41 how we responded to like that particular
37:44 issue most other cities yet put them on
37:46 city poles now a lot of it has to do
37:49 with the city and some cities see this
37:53 technology as a boost to their economic
37:56 development and so you you've got places
37:59 that you know would you know invite the
38:02 carrier's to you know deploy away
38:04 because we would love to have broadband
38:07 because we don't have it now like I'm
38:08 talking maybe places in the Midwest or
38:10 something where maybe they're less
38:12 technologically advanced than we are and
38:15 I don't mean that in a bad way that's
38:16 really came out bad so you know I'm not
38:19 judging so quietly quiet at some point
38:25 so I don't I don't know I mean I'm
38:28 surprised we didn't get any so Verizon
38:31 seemed really poised to and they did
38:34 actually put a small cell or a few up on
38:38 his Kuala Falls City Road so some of the
38:40 pse power poles going from here to
38:43 Sammamish on his Kuala Falls City Road
38:45 they did put some small cells on that
38:47 but it's been crickets since and I would
38:51 have expected we would have gotten
38:52 something else because it seemed like
38:54 the carriers were closer to wanting to
38:57 deploy than maybe they were
38:59 I was just wondering basically when
39:03 we're gonna see something host FCC
39:06 rolling particularly when we're looking
39:09 around like the equipment size yeah and
39:11 things like that so that was one of the
39:13 questions from infrastructure committee
39:16 they wanted some photos of you know can
39:20 we see some photos of 17 you know cubic
39:22 feet versus 28 cubic feet just to get a
39:24 sense for like what this is going to
39:26 look like not that we can do anything
39:28 about it because we have to live with
39:30 the 28 but there was that question asked
39:33 my friend on my left volunteered to try
39:36 and find some of those photo
39:37 so we are gonna try and hopefully get
39:40 some so that you guys can see these you
39:42 mobile someone shrouds they email oh I
39:49 didn't know I didn't deceive nning that
39:53 looks like yeah my ready to talk about
39:55 those tonight I'm really fearful of what
39:59 this is going to look like deployed into
40:03 our city and I'm sure that I'm speaking
40:06 on behalf of a lot of people because we
40:07 don't it's not that we're I thought it's
40:11 a risk it's that I'm fearful of what the
40:14 impact will be visually and then on the
40:18 other hand you have the health concerns
40:20 of what is all as Wireless magnetic
40:27 radio frequencies thank you it's going
40:31 to do our potential health because we're
40:33 gonna have these things but maybe in our
40:35 backyards so so I'm I hear all that and
40:40 and I want to try and ask the Commission
40:44 to focus the conversation that we're
40:48 gonna have on the proposed changes and
40:50 and to some extent Ron you know I I can
40:55 say well you know we said we were gonna
40:57 prohibit them in single-family and now
41:01 we can't do that so you're right it
41:03 could end up closer to your bedroom
41:04 window then it could prior but if there
41:09 are issues that the Commission want
41:11 staff to address as it relates to the
41:16 FCC responsiveness to the FCC order and
41:19 how we have to change our code so for
41:22 example if we need to relook at the
41:24 design piece of the code and see if we
41:27 thought we got it right now the problem
41:29 is as both Daniel and I said we haven't
41:32 had any go in so it's hard to know
41:35 whether the the parameters that we set
41:39 initially were set in the right space
41:43 but we can really look at that you know
41:46 at the end of the day we're gonna have
41:50 to see some of these deployed and see
41:54 how our code reacts to them before I
41:56 think we're gonna know whether we got it
41:57 right or not but I think we're willing
41:59 to look at if there's sections of code
42:01 that you want us to go back and look at
42:03 in terms of like the design piece of
42:06 this just let us know we'll do that I've
42:10 got a design question so we spoke a lot
42:12 about height and bulk and density is not
42:15 the right word but how close they are to
42:16 each other
42:17 come are we allowed to prescribe things
42:19 like color yeah we did okay can you can
42:24 sorry can you refresh me of what where
42:25 we landed on that there's a design
42:31 section it's coming through and I
42:33 couldn't I'm gonna say it's a hundred
42:35 again back to section 100 and it says
42:39 basically because so I'm in a refresh
42:41 your memory hopefully the problem is we
42:44 have a ton of different poles in the
42:46 city right we've got orange poles it
42:49 kind of orange downtown we've got green
42:52 poles in town in Highlands we've got
42:55 black poles in Dallas and so part of
42:58 when we were drafting the code what we
43:00 wanted to do was to say okay if you're
43:03 gonna put a new poll in we wanted to
43:05 kind of match the street furniture of
43:08 the area that you're gonna locate right
43:11 and so color I think was written to
43:15 match nearby like pole elements and then
43:20 so I guess my question is in those types
43:22 of prescriptions those aren't under
43:23 dispute with the order those are still
43:25 they are not so part of some thing about
43:26 it this way the what the order wanted to
43:29 do and Daniel if you want to add some
43:31 feel free to push me aside with the
43:34 order said is localities you can't
43:36 prohibit them and you can't make a
43:39 arbitrary set of guidelines for them to
43:43 follow you in other words you can't make
43:44 it so impossible to navigate the permit
43:47 process that they can't get permitted
43:49 and so we can be as long as we're
43:52 explicit in our requirements and they're
43:57 they have to be reasonable you can't say
43:58 you know they all have to be stainless
44:00 steel and that may
44:01 be reasonable I don't know but you have
44:03 to you have to have a reason and a
44:04 rationale and as long as it's clear I
44:06 think we're within our bounds now my
44:10 lawyer is going to talk yes so the
44:13 aesthetic standards have to be published
44:15 and made generally available that
44:18 doesn't necessarily need to be in the
44:20 code but we've put them in the code so
44:22 as long as those are out there and they
44:23 know kind of what the rules of the game
44:26 are those are fine and then the new
44:28 standard that was basically put out is a
44:31 materially inhibit effective prohibition
44:34 so when they're going to look at things
44:36 like the aesthetic standards or that
44:38 encouraged discouraged and prohibit the
44:42 argument that they're gonna make and
44:43 you'll see it in some of the comments is
44:45 that is something that if you put that
44:48 regulation upon us or that restriction
44:50 upon us it will materially inhibit our
44:52 ability to provide this service we would
44:57 likely disagree with some of those
45:00 assertions though if there's something
45:02 in here that does that we've tried to
45:05 change some of that and that's one of
45:07 the reasons why the deviation was put in
45:10 there so that you can never say that
45:12 you're materially inhibiting our
45:14 opportunity to provide service to 14
45:18 houses at the end of a private drive
45:19 because you now have an opportunity to
45:22 do that the language like Keith was
45:24 saying we're gonna fine tune that a
45:25 little bit to make sure that those
45:27 trigger words aren't in there but the
45:28 whole idea is we're not going to do that
45:31 now whether or not you know an aesthetic
45:33 standard that says that it should be
45:34 colored similar to the pole that it's
45:37 replacing or the poles in the area in my
45:40 view would never be materially
45:42 inhibiting their ability to provide
45:43 their service so really what's the
45:45 argument now if you said that it had to
45:47 be a certain type of paint that's ten
45:49 thousand dollars per gallon
45:50 they might say listen we can't do that
45:53 for all of our poles and that's
45:54 obviously on the absurd side if if we
45:57 get to a back and forth we've you know
46:01 both parties have made arguments and
46:03 then and we're in an impasse is this
46:05 handled at arbitration or could we can
46:07 we how do we can we how do we legally
46:11 move forward or continue to fight it so
46:13 so we can adopt we can adopt whatever
46:16 code we want right we have the local
46:18 authority to do that if there is a
46:22 legitimate conflict with the FCC order
46:25 obviously we're gonna be at risk for
46:27 future litigation and so obviously we're
46:31 not going to want to do that if at all
46:33 possible so so that's why my
46:35 recommendation was to open the hearing
46:37 take public comment and then let staff
46:40 and the providers try to work through as
46:42 many issues as we can it would be great
46:44 to only have a couple that were maybe
46:46 not on the same page over and then we'll
46:48 talk about what they want and what we
46:52 think is right and why maybe we didn't
46:54 agree on that issue
46:55 and then you guys get to ultimately make
46:57 a recommendation to the council you may
46:58 say you know what I think staff were not
47:00 right I think you should agree with the
47:03 providers on this one because it makes
47:04 sense or you might say no we agree with
47:06 staff and here's our recommendation
47:08 council and the council makes that
47:09 decision is every proposed amendment
47:12 here based on the FCC notification or or
47:17 their this new order yes
47:21 because we didn't again we didn't have
47:23 anything to to test the code with to say
47:26 oh and hey here's some other things we'd
47:28 like to fix because they didn't work
47:30 very well with the first application so
47:32 all of what's in red in red line is
47:37 based on the FCC order and NASA yes in
47:40 the other direction if there's stuff
47:42 that we landed on when we did this last
47:44 year and it's not being changed we
47:46 should feel confident that that's all
47:47 I'm good with the order from what we've
47:49 seen so far I'm relying on Ogden Murphy
47:53 to tell us if we had some other sections
47:55 that should have been addressed and I'm
47:56 sure the the carriers will let us know
47:59 if they think there's some areas that we
48:02 missed okay yeah well yeah and I think
48:04 you'll see in the comments
48:05 two things one an attempt to rehash old
48:09 conversations for the purposes of
48:11 changing the structure of how we did it
48:14 before and so I would encourage focusing
48:18 on the FCC related stuff and then also I
48:22 mean obviously industry is
48:23 have their own perspective and opinion
48:26 on what would materially inhibit their
48:28 service and there's gonna be a selection
48:31 of those that they're gonna make that
48:33 argument on and there's a few of those
48:36 that in theory could change every single
48:38 time they change the design of their
48:40 device so I mean in my opinion how do
48:43 you keep up with that from a city's
48:45 perspective if the box needs to look a
48:47 certain way and something about the
48:49 regulation changes so clearly they will
48:52 have their own opinions on what sections
48:55 in the code should be changed or need to
48:57 be changed for the FCC order we had ours
49:00 we'll talk about those and we'll hash
49:02 those out as best we can for the next
49:04 time it comes to you so that you have a
49:06 clearer understanding of really what you
49:09 need to be looking at and then of course
49:11 if the the ones that we've hashed out
49:12 you have opinions on then okay you know
49:14 any remaining gaps you'll just you'll
49:15 walk us through those yeah and and we'll
49:18 do you know what I can envision for next
49:20 time will be kind of like a matrix which
49:22 will be here's their comment and either
49:24 if we and either we agreed with it and
49:26 made the change and here's the change or
49:28 we disagreed with it and here's why we
49:31 disagree with it and that way that'll be
49:32 a good tool for you guys to use as a
49:34 conversation point for next time so it
49:37 was every proposed amendment where where
49:39 the city is agreed with the FCC ruling
49:42 well no no nobody said that we haven't
49:48 agreed with the FCC order we are we are
49:52 proposing to change our ordinance to
49:54 come in compliance with the FCC order
49:57 because we feel like that's our dutiful
50:00 responsibility now if ultimately the
50:02 localities win in their lawsuit and part
50:05 of the order gets reversed we would be
50:08 back to deal with this code again
50:09 probably because like I said at the
50:12 beginning I'm not sure these are
50:13 community benefiting changes these were
50:16 to come in compliance with the order to
50:18 reduce our exposure to litigation so
50:21 this is an intermediate solution until
50:22 the lawsuit is finalized if yeah if it
50:26 changes yes so Keith you said that our
50:30 city's approach was kind of an outlier
50:33 in regards to our focus on
50:36 away and city-owned poles and all of
50:38 that does that suggest that you've
50:40 looked at other cities code and is there
50:44 anything that we should learn from that
50:46 that we might also want to add in while
50:50 we're doing the FCC review so my
50:54 suggestion would be no because I think
50:55 we I think we did so think about it in
50:59 terms of a spectrum right on one end of
51:01 the spectrum is I think high design
51:06 aesthetic controls very regulated on the
51:11 other side of the spectrum is none of
51:13 that and there are cities that are over
51:15 here that you know the right away is is
51:17 is you know they don't care what color
51:19 their poles are they don't care if their
51:22 poles match you know they don't care if
51:24 there's a new macro tower you know going
51:26 in on the street corner that's not us
51:29 we're closer to this end of the spectrum
51:31 and I think we have probably a lot more
51:35 regulations if you remember we started
51:39 our code started as a bit of a mirror of
51:42 Redmond because after looking it I
51:45 probably looked at like three dozen
51:47 codes that was the one that resonated
51:49 the most with me so we started there and
51:52 then we it started to unpack from that
51:55 and you know Redmon's allows antennas on
51:59 municipal poles we don't because that
52:01 was a big deal for this community and
52:03 our public works operations department
52:05 so so ours is very different and you
52:09 know I think it's it's it's fairly tight
52:12 and you know I I think it's it was a
52:16 good code so pretty Keith I think when
52:21 we start rolling this thing out we're
52:23 gonna have a I don't know if we'd be a
52:26 public outcry but I think there's gonna
52:28 be a lot of very passionate concerns
52:31 about how we roll us out and what it
52:33 looks like because we are very we are
52:36 very protective of our visual
52:42 landscape yep and there's a city have a
52:48 program or a campaign that they're
52:50 thinking about engaging the public to
52:52 help inform some of these potential
52:55 changes that could be coming well so you
53:04 know I don't know and I just asked you
53:08 to put together a giant committee to
53:10 engage the public yes so you know that
53:13 part of it is again I don't know that
53:18 any of us have a good sense for what
53:20 this is gonna look like you know if if
53:22 if the first application came in where
53:26 their recommendation was to install 20
53:29 new polls on Gillman Boulevard because
53:31 the existing polls don't work and they
53:35 can't go on municipal polls that would
53:38 be a big deal the community would notice
53:40 that you know my guess is it's not gonna
53:43 unfold that way
53:45 now it could I could be completely wrong
53:47 my guess is there'll be some deployment
53:49 in little clusters maybe and then
53:52 they'll they'll add to that but I don't
53:55 know I don't know the answer to that so
53:57 I will think about that and maybe we can
54:00 talk about that again in a couple weeks
54:01 okay okay it's not just me but I think
54:10 ya know people coming in your front door
54:13 and they're gonna be really upset yeah I
54:15 could be definitely different
54:19 neighborhoods would react differently so
54:22 I'm gonna step aside and maybe we let in
54:25 this public public okay so we'll go
54:27 ahead and open this to public comment
54:29 and we have a sign-up sheet
54:36 are you just anyone anyone anyone signed
54:41 it okay so if we go ahead and come on up
54:48 and then let us know who you are thank
54:53 you for coming good evening my name is
54:56 Linda Adkins I'm an attorney with Davis
54:59 Wright Tremaine and I'm here tonight
55:00 representing t-mobile I wanted to call
55:03 your attention to a letter that I
55:05 submitted to the Planning Policy
55:07 Commission in which I think you're Trish
55:10 routed to all of you and in response to
55:14 some of the questions about what will he
55:16 look like when they're actually
55:18 constructed there is one picture in the
55:22 attachment to my letter of an
55:23 installation on a light pole in Las
55:26 Vegas so each each one of the providers
55:29 has a different different types of
55:33 equipment that are optimized for their
55:35 particular networks for t-mobile this
55:39 enclosure here so we we call this a
55:42 unified enclosure and in in that
55:47 enclosure the antennas and the radios
55:50 all of the equipment are concealed
55:52 inside that that box it's roughly three
55:55 cubic feet and in this light pole
55:58 installation all of the cabling is
56:00 inside the pole and t-mobile is working
56:06 to use this particular unified enclosure
56:08 pretty much uniformly as its rolling
56:11 facilities out so you know just in terms
56:15 of the t-mobile form factor you could
56:17 expect something similar to this my
56:22 letter really hits three points about
56:26 the ordinance that's in front of you
56:29 today and I guess I'd like to preface my
56:31 remarks by noting that when this your
56:37 amendments to your code your ordinance
56:39 that was designed to address small
56:41 Wyler's facilities so that was completed
56:44 in May
56:45 of 2018 so we didn't have this FCC order
56:49 at that time and some of the comments
56:53 that I'm making in my letter really
56:55 relate to decisions that the FCC made
57:00 when it issued its order and regulations
57:02 that it's adopted since May so that
57:05 would be one of the reasons why you'll
57:07 see me commenting in part that that I
57:10 think that there's at least one section
57:12 of what was adopted in May that probably
57:14 does need to be revisited it in order to
57:18 be in compliance with the order so to
57:21 just briefly call your attention to the
57:23 comments in my letter the first one is
57:26 it's more of a technical comment but it
57:29 does have a substantive component it has
57:31 to do with the antenna definition so the
57:36 one that's in this proposed amendment
57:38 the the first paragraph of that
57:40 definition is it's exactly tracking the
57:44 FCC regulations and that's what we as
57:47 t-mobile would recommend there are three
57:49 sub sections that have to do with
57:53 identifying some additional volumetric
57:56 standards for WIPP antennas and Omni
57:59 antennas and we would recommend that
58:01 those be deleted because they're a
58:04 little bit across purposes with the
58:06 definition of a small wireless facility
58:08 that the FCC adopted so the FCC's
58:12 definition of a small wireless facility
58:15 says that each antenna is limited to
58:20 three cubic feet in volume and then
58:23 there's a total 28 cubic feet which
58:26 applies to antennas and equipment and so
58:30 I mean I we think it's not necessary to
58:33 have these additional volumetric
58:35 standards and they're I think they're a
58:37 little bit at cross-purposes because
58:38 that 28 cubic feet is cumulative and it
58:41 gives the provider the flexibility to
58:45 design and deploy equipment that fits
58:48 within that total volumetric limitation
58:50 without having to deal with so many
58:54 individual limitations on different
58:57 pieces of the
58:58 and you know which sometimes can
59:01 complicate the facility design so my my
59:04 second comment relates to the definition
59:07 of a completely concealed facility in
59:11 this draft and the comment really is
59:15 just to ask that the Commission clarify
59:20 that definitions so that we don't have
59:23 any doubt that t-mobile's unified
59:26 enclosure would be considered to be a
59:29 concealed facility and my third comment
59:34 so this has to do with 18 2009 zero and
59:42 that's a section that establishes siting
59:46 criteria the first part is citing
59:48 criteria for macro facilities and then
59:51 the second part and subsection B is a
59:54 list of criteria citing criteria for
59:57 small wireless facilities and that the
1:00:00 issue here so the the FCC has said that
1:00:05 whatever regulations you adopt cannot
1:00:09 materially inhibit the provision of
1:00:13 wireless service and part of that is its
1:00:16 addressing the issue of establishing a
1:00:19 level playing field so that wireless
1:00:23 providers who are attempting to improve
1:00:26 the service that they provide to the
1:00:28 community are not being forced to comply
1:00:32 with a host of regulations that other
1:00:37 utility providers don't have to comply
1:00:39 with and and in particular so B
1:00:43 subsections 1 2 3 4 & 5 so this is like
1:00:47 a hierarchy that you you have to go
1:00:50 through for every every small cell node
1:00:54 so small cells typically are deployed in
1:00:57 a group called a polygon and that the
1:01:01 purpose of that group of small cells
1:01:04 they all communicate back to a macro
1:01:08 tower and they help to handle all the
1:01:11 data traffic
1:01:12 that is going to and from that macro
1:01:14 tower and when the engineers design and
1:01:18 layout these polygons they're looking at
1:01:21 how how to optimize the locations of the
1:01:25 individual nodes and the polygons so
1:01:27 that it most efficiently and effectively
1:01:30 handles that traffic and every every one
1:01:37 of the providers of course has their own
1:01:38 FCC license frequencies and all the
1:01:43 networks are they're designed
1:01:44 differently the if they're going to have
1:01:46 capacity issues they're going to be in
1:01:48 different areas so that's a partial
1:01:53 answer to the question that some of you
1:01:55 have about well are we going to see a
1:01:57 whole bunch of these boxes on the same
1:01:59 pole or a whole bunch of these boxes in
1:02:01 the same place you know each each
1:02:05 network is individually designed and
1:02:08 engineers that are operating that
1:02:10 network are looking to optimize their
1:02:13 particular network so you know there may
1:02:15 be some overlap but maybe not as much as
1:02:19 we might all be concerned about so that
1:02:23 the issue here is so we've got kind of a
1:02:26 complicated network design project when
1:02:30 the engineers are laying out these
1:02:32 polygons and to require a provider to
1:02:37 essentially analyze five different types
1:02:41 of locations within 150 feet of the
1:02:44 proposed location for each node and the
1:02:47 polygon so there might be you know
1:02:49 everywhere maybe between five and twenty
1:02:51 nodes in a polygon it is it becomes very
1:02:57 impracticable and and it it also you
1:03:03 know is imposing I think enough burden
1:03:09 that we have a concern that this may run
1:03:15 afoul of the materially inhibit
1:03:17 prohibition and I mean the last thing
1:03:20 that t-mobile or any other provider
1:03:22 wants to do is to get in some
1:03:24 of illegal argument with the city we
1:03:26 really don't want to do that what we're
1:03:28 trying to do is to improve the service
1:03:30 that we provide to the community and we
1:03:32 want to try to you know walk down that
1:03:37 path together with you and not be
1:03:39 arguing about it and so our request is
1:03:43 with respect to this this hierarchy
1:03:48 which was established before the FCC
1:03:52 order came out so none of us had the
1:03:55 benefit of that language that maybe we
1:03:57 revisit that together and see if there's
1:04:00 a way to fine-tune the design guidelines
1:04:03 in the ordinance so that it it's giving
1:04:07 you the comfort that you're seeking that
1:04:09 if we're asking to locate on a
1:04:12 particular type of pole or in a
1:04:14 particular area of the city that the
1:04:17 design guidelines that are appropriate
1:04:20 to that pole type or that area of the
1:04:22 city are tailored to give you the
1:04:25 comfort that you're seeking about
1:04:27 aesthetic effects I think that concludes
1:04:34 my comments and I really appreciate the
1:04:36 opportunity and I'm happy to take any
1:04:38 questions if you have them either now or
1:04:39 later thank you very much appreciate
1:05:01 good evening my name is Greg Busch I'm a
1:05:04 program manager a wireless policy group
1:05:06 and I'm here tonight on behalf of AT&T I
1:05:09 understand that our comments were
1:05:11 submitted fairly late and our red lines
1:05:13 were as well so what I did was I printed
1:05:15 out the letter that we emailed may not
1:05:18 have time to forward to everyone so who
1:05:20 would be the so to sum up what's in the
1:05:34 letter AT&T is concerns fall under two
1:05:37 categories first is that we still have
1:05:43 the same concerns from last year when
1:05:44 the code was adopted that with regards
1:05:48 to the prohibition of co-locating on
1:05:52 municipality own poles and decorative
1:05:54 poles and the prohibition of going in
1:05:59 the front Street right-of-way at all
1:06:01 that does make it more difficult to
1:06:03 adequately serve the area and it's also
1:06:05 a business decision of how difficult it
1:06:08 is to sites in Issaquah period as my
1:06:12 colleagues said it does become difficult
1:06:14 when the application requirements are
1:06:17 more burdensome than other jurisdictions
1:06:20 it becomes essentially more difficult
1:06:22 not only for AT&T but for our site
1:06:25 acquisition teams takes longer to get
1:06:27 approved we have to do a lot more
1:06:29 groundwork to evaluate alternatives so
1:06:32 that makes deployments slower as well
1:06:34 and the second concern we have is
1:06:37 compliance with the FCC order which is
1:06:41 in light of the more difficult nature of
1:06:48 essentially we have only ability to go
1:06:51 on utility poles or to try and place new
1:06:53 poles that makes it harder to comply
1:06:57 with the order and with the siting
1:07:03 criteria in the code there's a
1:07:06 deviations that allows us to say okay
1:07:09 staff we understand this doesn't fully
1:07:11 comply with the code but with the
1:07:13 deviations in section 18
1:07:15 2290 see there are some criteria that
1:07:19 say okay here are some guidance for
1:07:20 staff and if we follow these we can fit
1:07:23 these sites in this location 18t
1:07:27 understands what staff and council are
1:07:30 going for with the criteria as in what
1:07:34 our red lines proposed was oh just
1:07:37 comply with the FCC order and use the
1:07:39 language in the order but to give
1:07:41 guidance to staff it's harder to prove a
1:07:47 negative than to say okay here are the
1:07:49 positive points like if you follow these
1:07:50 three things then that's okay to have a
1:07:53 deviation that we would like to work
1:07:56 with staff and council over the next few
1:07:58 weeks to have a few better points for
1:08:02 the deviation guidelines so to sum up
1:08:04 AT&T still has concerns over the
1:08:08 difficulty and prohibition of going on
1:08:11 Front Street and the inability to go on
1:08:15 municipality on poles and we'd like to
1:08:17 provide additional comments in the red
1:08:20 lines to ensure compliance with the FCC
1:08:24 order thank you thank you very much
1:08:29 appreciate
1:08:41 good evening my name is Devendra Maharaj
1:08:43 with Verizon Wireless Thank You
1:08:45 commissioners and city staff for the
1:08:47 opportunity to speak with you today
1:08:49 Mariah appreciates the city taking the
1:08:52 time to address the each of the
1:08:54 technical changes listed on our comment
1:08:56 letter which was sent to you earlier
1:08:57 today if we can just breeze through them
1:09:01 really quickly there's only six of them
1:09:03 and I will keep them very short the
1:09:07 first one is about the shot clock
1:09:10 restarting it's just to address that
1:09:12 that only applies to small wireless
1:09:14 facilities number two would be that
1:09:21 could be read to prohibit that small
1:09:23 wireless facilities in the right-of-way
1:09:25 from single-family residence we wanted
1:09:27 to just clarify that we are not placing
1:09:29 them on single-family residence but they
1:09:32 can be in the right-of-way in a
1:09:34 residential zone number three is just a
1:09:38 relief from standard for the deviation
1:09:44 standards and adjustment processes
1:09:46 number four addresses the 30-foot
1:09:50 language for a new poll where the FCC
1:09:54 calls out 50 given the topography of
1:09:58 Issaquah 30 feet for a new poll would be
1:10:01 quite restrictive for the technologies
1:10:04 we're trying to deploy to meet that
1:10:06 coverage demand number five refers to
1:10:10 the aesthetic requirements 5g will not
1:10:13 work under those design restrictions the
1:10:16 antennas need to be outside they can be
1:10:19 no more burdensome than the utility
1:10:21 poles that are currently out there
1:10:23 they're not currently held to those
1:10:25 standards those items are far bulkier
1:10:30 and more burdensome than what we are
1:10:32 proposing and the last one is us
1:10:35 addresses the substantial change it's
1:10:38 just a misstatement the code limits to
1:10:40 one CAD before it's substantial cabinet
1:10:44 excuse me for substantial change we're
1:10:46 sixty four nine that limit would be for
1:10:49 cabinets before it's considered
1:10:50 substantial change
1:10:52 and everything we've talked about today
1:10:53 is really just to align with the federal
1:10:55 law with that Verizon is also very
1:10:59 grateful for the opportunity to bring
1:11:01 small cell technology to the city of
1:11:04 Vista qua thank you thank you is there
1:11:09 anyone else from the public that would
1:11:11 like to speak Oh
1:11:14 going once going twice and we'll go
1:11:18 ahead and close public I'll leave it
1:11:20 open we're gonna leave it open well
1:11:23 we're gonna go ahead and continue public
1:11:26 comment until February 15 14 our next
1:11:32 meeting okay any other questions or
1:11:40 dialogue this evening I'd be more than
1:11:42 happy to sit down I just had a quick
1:11:44 question like as far as the technology
1:11:46 is it's going going
1:11:48 are these shrouds are these capabilities
1:11:51 getting smaller did any of you want to
1:11:56 answer that question
1:12:01 oh Linda does
1:12:08 I'll try to answer it I mean that the
1:12:12 the truth is that the technology is
1:12:15 still very much in the evolving stage
1:12:18 and a lot of the questions that you have
1:12:21 are questions that we as industry
1:12:24 representatives also have is the
1:12:27 equipment is the technology getting
1:12:30 smaller I guess part part of the answer
1:12:34 I can give is if you look at for example
1:12:36 t-mobile's design that certainly is much
1:12:40 smaller than you would see on your
1:12:43 typical macro tower with you know a
1:12:45 large panel antennas it's difficult to
1:12:51 answer the question completely because
1:12:54 we don't know exactly where the
1:12:57 technology is going in right now or
1:13:00 smoke more focused on rolling out small
1:13:03 cells there 5g is coming down the road
1:13:07 and the term 5g gets bandied about all
1:13:11 the time but I don't think that any of
1:13:14 us is that clear on exactly what it's
1:13:17 going to look like exactly what the
1:13:20 equipment that will power the Internet
1:13:22 of Things is going to look like it
1:13:26 that's not a great answer but it that's
1:13:28 all the information I have right now I
1:13:29 don't know if my colleagues have
1:13:31 anything better than that but
1:13:39 I just want to quickly chime in that I
1:13:41 appreciate Linda saying that because I
1:13:43 think that's an important thing to keep
1:13:45 in mind and I think we talked about this
1:13:46 before that there's the short term and
1:13:48 then there's the long term the short
1:13:50 term they're doing all of these rollouts
1:13:52 on existing technology and for their
1:13:56 existing networks and when all of this
1:13:58 switches over to spitting out 5g which
1:14:00 as you heard that that's not happening
1:14:02 right now these facilities could change
1:14:04 and could look different I think the
1:14:06 idea is that they're generally going to
1:14:07 still be these same types of things but
1:14:10 what that looks like they don't have
1:14:11 those there are some cities that they
1:14:13 say is we rolling out 5g and that term
1:14:16 is being used
1:14:17 I think AT&T s got like a 5g next or so
1:14:20 so there's some term I don't know if you
1:14:21 get yeah there's there something and
1:14:24 from the article I read it's not real 5g
1:14:27 but I guess my point is there's the
1:14:30 there's the what you're gonna see in the
1:14:31 next few years and you're what you're
1:14:33 gonna see down the line the franchise's
1:14:35 that are being authorized are gonna
1:14:37 cover probably both of those the codes
1:14:40 certainly will cover both of those so I
1:14:42 think that there's there's that unknown
1:14:45 that I think everybody can acknowledge
1:14:48 and appreciate we're working with as we
1:15:01 here's what I can't answer so you might
1:15:03 have been referring to 5g E which is 5g
1:15:07 evolution it's not true 5g it may
1:15:11 remember three G edge how all the
1:15:14 technologies different generations have
1:15:17 different rungs up the ladder before
1:15:19 they make the leap so we have four G and
1:15:21 then in between 4G and 5g there's five
1:15:25 GE v GE is a form of carrier aggregation
1:15:27 so it can only be deployed in a place
1:15:30 where there's four carriers already
1:15:32 there and they're on 4G so I don't know
1:15:35 the full details because this is a very
1:15:37 nice and cool program but when it does
1:15:41 get deployed we have speeds of if I
1:15:44 remember my training rights it's about
1:15:47 200 to 400 megabits per second and that
1:15:52 was that was with v GE actual true 5g in
1:15:59 the lab they can get up to 8 gigabits
1:16:01 which is crazy that's faster than fiber
1:16:05 you have in your home but that's in a
1:16:08 lab and in the field we'll see what it
1:16:11 turns out to be so we're still rolling
1:16:14 this out and like I said or like
1:16:16 industry said this is we're still trying
1:16:19 to figure out what this is going to look
1:16:20 like and whenever I hear anyone say oh
1:16:23 10 years from now who knows what it's
1:16:25 going to look like 10 years from now
1:16:26 where they're worried about what could
1:16:28 happen I say well I'm I'm confused as to
1:16:30 what's going to happen three years from
1:16:31 now things are moving so fast so
1:16:33 technology is changing extremely quickly
1:16:35 and it for me it's very difficult to
1:16:38 judge what's going to happen even five
1:16:39 years from now so so all of this
1:16:41 infrastructure you're putting in right
1:16:43 now these small cells this is all for
1:16:45 the 5g upcoming actually no this is
1:16:48 currently the small cells are for 4G LTE
1:16:52 equipments for five g 5g will actually
1:16:56 be rolled out for 1880s equipment I
1:16:57 can't speak for my colleagues but it'll
1:16:59 be rolled out first on the big macro
1:17:01 sites and the small cells for 5g
1:17:04 operates on a different spectrum a
1:17:05 higher
1:17:06 frequency sorry higher web higher
1:17:10 frequency and this is currently being
1:17:13 auctioned off by the FCC yeah this is
1:17:16 there are currently auctions going on to
1:17:18 use that frequency for the small cells
1:17:20 for 5g yeah it would be deployed on
1:17:24 existing frequencies that we already
1:17:25 have and it would be on the big towers
1:17:28 first
1:17:37 I think from a technology standpoint
1:17:40 we're all looking forward to the
1:17:42 benefits of 5g or make customer
1:17:48 experience standpoint we're different
1:17:51 than maybe South Seattle like what Keith
1:17:53 was saying where they want you guys to
1:17:57 come out and deploy and they don't
1:17:58 really care what the polls look like
1:18:00 here Ivor a much more picky customer and
1:18:03 so I think like delivering a better
1:18:07 customer experience to us to meets our
1:18:10 needs such as like design standards
1:18:12 would be a benefit to the carriers
1:18:16 because your customer base would be much
1:18:18 happier with you Oh
1:18:21 to be continued we continued yes all
1:18:25 right
1:18:25 so are we ready to move forward to the
1:18:28 next topic it's all right so let's go
1:18:34 ahead and we'll continue this on
1:18:38 everywhere a 14th and now we're gonna go
1:18:41 ahead and change over to the next thing
1:18:44 on the doctor which is sign code update
1:18:46 projects go ahead and if the public
1:18:48 wants to adjourn that's fine
1:18:54 and Emily is that the mic thank you
1:18:58 hello good evening commissioners my name
1:19:01 is Emily art at a Senior Planner with
1:19:03 development services here to present let
1:19:08 me just get the sign presentation going
1:19:11 with here
1:19:15 oh wait I am you can use the bottom
1:19:24 right bottom right slide show the slide
1:19:28 show on the top of spine Oh on the
1:19:31 bottom and keep going to the right okay
1:19:36 thanks yeah so my name is Emily are
1:19:39 today I'm senior planner with
1:19:40 development services and I'm here to
1:19:41 present a new project that we are
1:19:44 embarking on this year in 2019 it's the
1:19:47 sine code update and I'm also here with
1:19:51 a small team of our staff to assist me
1:19:54 in this project so we've got Lucy here
1:19:56 tonight and also Daniel Kenny from Ogden
1:19:59 Murphy who's been working with many
1:20:02 jurisdictions including ours on sine
1:20:04 code update this first slide is very
1:20:07 interesting I don't know if any of you
1:20:10 have tried this but if you type in to
1:20:12 Google pictures you get a lot of google
1:20:17 pictures it's a if you could type in
1:20:19 google pictures and then you type in the
1:20:22 phrase it's a qua this is what you get
1:20:25 you get a lot of really sine big signs
1:20:29 colorful signs of Issaquah so it said to
1:20:32 me that signs are a big thing people
1:20:33 have association with these particular
1:20:36 signs when they think of Issaquah and so
1:20:38 this is a it's a big deal anyway that's
1:20:43 why i put that sign up there the purpose
1:20:47 of this project is to legalise
1:20:49 streamline and simplify the city's sign
1:20:52 code and that's why we're here today
1:20:54 because there's several different layers
1:20:56 to work at it's somewhat complicated and
1:21:00 let me explain if you take a look at the
1:21:06 city sign code right now this is just a
1:21:07 funny pictorial but you may get a little
1:21:09 bit puzzled about how to try and
1:21:11 maneuver through the sign code there are
1:21:14 more than one there's more than one code
1:21:17 and when you look at it you really have
1:21:19 to know exactly where you're at and
1:21:22 what code to apply and then go figure it
1:21:25 out we do have lots of talented staff
1:21:28 and we've had a lot of sign permits
1:21:31 issued so it is moving along but it's
1:21:34 complicated and so part of the this
1:21:36 project would be to simplify this
1:21:37 process and make it more streamlined so
1:21:41 you didn't necessarily need to look
1:21:43 through three sign codes to find your
1:21:47 sign code permitting questions so that's
1:21:51 a big part of this project this slide
1:21:56 demonstrates just how many sign codes we
1:22:00 have we're working with the Issaquah
1:22:01 municipal code the old town design
1:22:04 standards and central Issaquah and so
1:22:07 the goal would be to merge those
1:22:09 together as best we can to come up with
1:22:12 one sign code another part of this
1:22:19 project is to legalize the sign code not
1:22:24 too recently back in 2015 there was a
1:22:27 Supreme Court decision that came down
1:22:30 with regards to regulating signs in
1:22:34 particular temporary signs this
1:22:37 particular case you may have heard of
1:22:38 its called Reed versus Gilbert and in
1:22:41 that the town of Gilbert Arizona was
1:22:47 basically put through to Supreme Court
1:22:50 on a decision of regarding this
1:22:52 particular sign from good news community
1:22:54 good news community didn't feel that it
1:22:56 was fair for their sign to be regulated
1:22:59 different than other stick signs
1:23:02 temporary signs that had more or greater
1:23:06 allowances and so what happened is that
1:23:09 a Supreme Court decision came down that
1:23:12 said hey you can't take a sign and
1:23:15 regulate it by trying to read what's on
1:23:19 the sign essentially if you have to read
1:23:22 the sign to know if your sign code if
1:23:25 you're that sign is in compliance with
1:23:27 your sign code then you're not you're
1:23:32 not compliant you're you're
1:23:35 you have to change your sign code I
1:23:37 guess that's the best way I can describe
1:23:39 it because of that this whole idea of
1:23:43 content-neutral evolved requiring cities
1:23:47 to go back and take a look at their sign
1:23:49 codes and determine where in their sign
1:23:51 codes you would need to make changes or
1:23:54 amendments in order to make the
1:23:57 standards content-neutral not regulating
1:24:03 what it says but regulating more on size
1:24:08 number location that kind of thing any
1:24:13 questions so far
1:24:20 what's going on here so this is a church
1:24:23 right and the church wanted a sign out
1:24:25 on the right away and so if your
1:24:28 jurisdiction says you can't have a sign
1:24:32 in the right away but you allow
1:24:36 political signs in the right away or
1:24:38 real estate signs in the right away
1:24:39 you're now allowing signs based on
1:24:43 content and you know First Amendment and
1:24:46 the Supreme Court said you can't
1:24:48 regulate based on what it says because
1:24:52 that's a freedom of speech issue and so
1:24:54 this is this is the crux of why we're
1:24:57 starting this but our of course because
1:25:00 we're complicated we have multiple
1:25:02 layers right I think the city is a long
1:25:06 dreamed to have one sign code and it
1:25:09 took I took a read Gilbert Supreme Court
1:25:12 decision to really lend the hand to
1:25:15 figure out you know the urgency of
1:25:17 taking a look at the sign code and I
1:25:19 think the city also didn't really have
1:25:21 enough many other projects were coming
1:25:24 up and extremely busy and low staff but
1:25:27 now that read Gilbert is here there's an
1:25:30 opportunity for us to take a look at all
1:25:32 the things that we've wanted to do and
1:25:34 haven't had to haven't had the time to
1:25:35 do but really we are now in a place
1:25:38 where we need to update the sign code
1:25:41 especially for read Gilbert so a
1:25:45 question on that then with that Supreme
1:25:47 Court rule
1:25:48 are we allowed to have different
1:25:52 different sets of code or different
1:25:55 stipulations for something that's a
1:25:57 temporary sign versus a permanent sign
1:25:59 yeah we'll get into a little bit more
1:26:02 detail but time place and manner
1:26:04 definitely and how we choose to define
1:26:08 these kinds of signs so currently for
1:26:10 example we would say you know there's
1:26:13 Garage Sale signs or political signs or
1:26:16 directional signs that all have
1:26:18 standards relate related to what you can
1:26:22 put on your sign you know and for how
1:26:24 long you can put it up so we're taking a
1:26:27 look at redefining what those signs
1:26:31 should be called and how to regulate
1:26:33 them perhaps we regulate them based on
1:26:35 the material they use something flimsy
1:26:37 something lightweight something that
1:26:39 could be stuck in the ground with a
1:26:41 sticker or a small piece of wood that
1:26:44 kind of thing we're getting creative but
1:26:45 we're not the first so thankfully lots
1:26:48 of other cities have gone through their
1:26:50 sign code update successfully and Ogden
1:26:53 Murphy has helped them and they've done
1:26:55 it in a way that they've the outcomes
1:26:57 been very pleasing so Ogden Murphy has
1:27:00 been dreaming of sign code I don't think
1:27:03 anybody dreams of sign codes and if you
1:27:05 are then I know comment but this is a
1:27:14 fun project for for the reasons of all
1:27:16 the complexities that it has not just
1:27:18 the read Gilbert so trying to keep it
1:27:21 interesting and I'm trying to keep
1:27:23 excited about it in lots of ways so just
1:27:28 keeping along with a little bit of humor
1:27:29 about time place and manner you know if
1:27:31 you've got Snoopy up there talking about
1:27:33 this you know the place is the night and
1:27:36 it's in its stormy outside we we can
1:27:39 regulate on time place and matter
1:27:42 we can't regulate on content so that's
1:27:45 it's going to be it's are going to
1:27:47 require a fine you know set of a lot of
1:27:51 refining of what we currently have to
1:27:53 get to time place and manner and get
1:27:55 away from content but I think we'll be
1:27:57 successful how do we define manner of
1:28:00 signs
1:28:01 I looked that word up that's a really
1:28:02 interesting question that you had it's
1:28:05 it's really quite broad it's often a
1:28:09 description you know or or mechanism it
1:28:13 could be both so it has a fairly vague
1:28:17 definition to it I didn't put it in my
1:28:20 slide presentation but maybe Lucy has an
1:28:22 explanation sneaked up here for a minute
1:28:25 so I think you know time could be a
1:28:29 permanent sign versus a temporary sign
1:28:31 place could be can it be on a building
1:28:34 can it be in the right-of-way can it be
1:28:37 on a window and and I'm going to
1:28:40 springboard off your broad point to say
1:28:44 that the manner you know its materials
1:28:47 its color its how it's attached its
1:28:54 broad broad its colors so I think it's
1:28:57 all those other sort of aesthetic and
1:29:00 design characteristics and content I
1:29:06 think the important thing about content
1:29:08 which I think Emily has really described
1:29:11 but just since we're kind of summarizing
1:29:13 here it's both we can't say we used to
1:29:17 say you can't have telephone numbers on
1:29:19 signs we don't say that anymore
1:29:22 and we can't say that anymore but the
1:29:24 other piece is that we can't know what
1:29:27 the regulations are for a sign based on
1:29:31 the type of sign it is so we can have a
1:29:35 primary sign we can have a window sign
1:29:37 we can have a secondary sign but it's
1:29:40 all those signs that Emily was listening
1:29:42 like garage sale for sale political
1:29:47 signs those are all based the
1:29:50 regulations are based on the type of
1:29:52 sign and and its content yeah the
1:29:58 simplest way to think about it is that
1:30:00 if you have to read the sign if you're
1:30:02 the code compliance officer and you had
1:30:04 to read the sign to determine the
1:30:07 applicable standards that the city is
1:30:09 adopted then then that's a no-no
1:30:12 that doesn't work and you haven't you
1:30:14 haven't been successful in getting to
1:30:17 content-neutral
1:30:19 we have so do we have codes in place
1:30:22 today that address content specifically
1:30:24 yes most of the sign code is
1:30:28 content-based such as can give me an
1:30:31 example
1:30:35 magenta listing your name and your phone
1:30:39 number you know the time the days those
1:30:43 kinds of things that you could you could
1:30:44 put you know you could put on your sign
1:30:47 so there's specific regulations for
1:30:51 garage sale signs and yard sell signs
1:30:53 about what you can put on there so in
1:30:57 other words what you're saying when you
1:30:58 say content neutral is you're basically
1:31:01 approving a blank sign you're approving
1:31:05 customer can put on anything they want
1:31:07 any kind of message right yeah and you
1:31:09 can't there's no control yeah you're
1:31:12 right we we laughed at that in my former
1:31:14 jurisdiction where there's a banner that
1:31:16 it goes across the street and we
1:31:20 wondered if someone was going to use the
1:31:23 read Gilbert decision to put something
1:31:25 up there that was profane so true we can
1:31:29 we objected in things against obscenity
1:31:33 is there at least I know I don't know
1:31:36 that's going down a hypothetical and we
1:31:41 could go down and evaluate all kinds of
1:31:43 options right now we just want to take a
1:31:44 look at what we have okay and convert
1:31:46 those into content neutral and deal with
1:31:48 whatever circumstances we need to at the
1:31:51 time we need to deal with them but not
1:31:52 before that yeah I think yeah I mean I
1:31:55 have a big concern with like hate speech
1:31:57 like I'm thinking it can't be the flavor
1:32:00 of this supreme Supreme Court ruling to
1:32:02 allow each speech on signs post around I
1:32:07 think we've got a comment here from our
1:32:08 lawyer like West Baptist Church yeah so
1:32:13 so there are limitations under the First
1:32:16 Amendment for what would be protected
1:32:18 under the First Amendment and I think
1:32:20 like you said you know we won't get into
1:32:22 the details of those
1:32:24 I would just encourage you to it's
1:32:28 probably farther away from what you're
1:32:31 comfortable with than you think it is so
1:32:34 it's it's not just our community doesn't
1:32:37 want that up there it's gonna have to
1:32:39 pass a pretty tough test under the First
1:32:41 Amendment
1:32:43 and that's why you see things in
1:32:45 protests at particular stores or
1:32:48 businesses or on the news that you you
1:32:51 may feel is uncomfortable or disgusting
1:32:54 or however you want to phrase it but is
1:32:56 allowed so I just wanted to caution that
1:33:00 yes you're gonna protect against hate
1:33:03 speech and profanity and inciting riots
1:33:05 things like that but it's not going to
1:33:08 be as easy as our community just doesn't
1:33:11 really feel that way oh I'd like to ask
1:33:14 how kind of a this is a hypothetical but
1:33:17 I think kind of addresses some of the
1:33:20 concerns that we were talking about here
1:33:23 let's say that we looking out maybe 10
1:33:26 years from now with this new sign policy
1:33:29 we have a vape shop that wants to
1:33:32 advertise smoking pot and date products
1:33:38 and they want to put it on these real
1:33:40 estate like signs they want to put them
1:33:43 in front of a school or put them in
1:33:45 right away is that something that we're
1:33:49 saying we have to allow because we can't
1:33:53 control the content just like a person
1:33:56 can put a real estate sign in a
1:33:57 neighborhood now we can have vape shops
1:34:00 or other merchants put signs in
1:34:03 different neighborhoods to advertise
1:34:05 their businesses that's a good question
1:34:09 I don't have a specific answer we do
1:34:11 have policies and procedures in place
1:34:14 right now for what we would call mobile
1:34:17 a-frame signs and permitting
1:34:19 requirements for them and place where
1:34:21 they can place them especially in
1:34:23 commercial zones but it may it may raise
1:34:27 a larger question about mobile a-frame
1:34:31 signs used previously used by real
1:34:35 estate agents for open houses and
1:34:37 what we would want to do with trying to
1:34:40 prevent I suppose or limit you know
1:34:44 someone else taking advantage of that
1:34:47 open spot if we don't call it an open
1:34:49 house sign with content-based
1:34:51 regulations yeah we definitely you can
1:34:57 if you can put a sign there you can
1:34:59 whatever you want to well so and maybe
1:35:01 this is a question I don't know the
1:35:02 answer and maybe Emily and Daniel do I
1:35:04 mean so right now an off premise sign is
1:35:08 not allowed for a business so that would
1:35:12 address your concern that the vape shop
1:35:14 or the pot shop the cannabis shop has a
1:35:18 sign in front of the school because
1:35:20 that's off premise the question is is
1:35:23 off premise for businesses a Content
1:35:27 issue is for something else
1:35:29 this isn't that the same thing as a real
1:35:32 estate site yeah no it's not I mean cuz
1:35:35 the real estate sign is not is not
1:35:38 advertising the Realtors office right
1:35:40 it's it's a property that's for sale I'm
1:35:42 gonna go sit down because I don't know
1:35:43 what I'm talking about I'm not I'm not
1:35:46 sure I know exactly but what you're
1:35:49 bringing up is the kinds of issues that
1:35:52 we're going to have to deal with so if
1:35:54 it if they tried to place it on the
1:35:56 school property they would the school
1:36:00 would have control over I'm sorry my
1:36:02 earrings have Tom my scarf and it's
1:36:04 driving me crazy
1:36:06 thank you I have my help yes so a piece
1:36:14 of property gets to control what is on
1:36:17 that property and so a school could say
1:36:21 we are not going to allow any signs from
1:36:25 someone else on that property the
1:36:29 right-of-way is going to be a big
1:36:30 question that we think we're gonna end
1:36:32 up talking about because if you you know
1:36:37 ownership and who we allow into the
1:36:42 right-of-way once we allow certain
1:36:44 things into the right-of-way then we
1:36:46 have to thank you allow everything into
1:36:49 the right-of-way
1:36:50 and so that you know I think that's why
1:36:53 we're trying to introduce this topic
1:36:55 tonight is to make sure that we know the
1:36:58 issues that that you guys are
1:37:00 particularly concerned about we don't
1:37:02 have the answers we are just starting
1:37:04 down this road and we're trying to test
1:37:09 some of these you know in help educate
1:37:11 you on the things that we're trying to
1:37:13 accomplish and that we see as challenges
1:37:16 get some initial feedback from you and
1:37:19 then we're going to go dig into these
1:37:21 because we know that for instance
1:37:23 opening up the right-of-way to everyone
1:37:25 being able to put any sign they want
1:37:28 anywhere would not be consistent with
1:37:30 the way the community is handled signs
1:37:32 and so we know that that's already one
1:37:38 area in which we're going to have to
1:37:40 invest some time okay the reason why I
1:37:43 brought that up I just envisioned guard
1:37:46 work signs tree trimming signs nail
1:37:51 salon signs and all of a sudden our
1:37:54 community is going to be sign infested
1:37:57 with really cheap chintzy signs and all
1:38:01 of a sudden we've got a dilemma because
1:38:04 a real estate sign is a legitimate sign
1:38:06 you're trying to sell someone's real
1:38:08 estate and that sign directs people to a
1:38:10 location but now we're saying that we
1:38:12 can't control the content so if we don't
1:38:16 allow the salon signs of the yard work
1:38:18 signs then we're gonna also eliminate
1:38:21 the real estate science which is going
1:38:23 to negatively impact rural state
1:38:26 companies and customers which would be
1:38:28 the homeowners yes I don't think we have
1:38:35 the answer yet yeah there's some risk
1:38:37 for sure and things will change and
1:38:40 other cities have survived so I would
1:38:44 ask you to refrain from doom and gloom
1:38:46 and know that we can be successful and
1:38:51 we're gonna have to open ourselves up to
1:38:53 more risk for sure and we will come back
1:38:57 with recommendations for you to review
1:39:00 as the year goes on when we address
1:39:03 these
1:39:03 is okay I have a different direction
1:39:08 question then when you say we can't
1:39:12 address content does that limit our
1:39:17 ability to basically the idea of a blank
1:39:21 sign does that limit our ability to
1:39:23 address designs such as color or the
1:39:27 lighting on the sign yeah yeah in fact
1:39:32 we've we've got some ideas about design
1:39:35 guidelines coming in and playing a more
1:39:38 significant role in the city's sign code
1:39:42 they they have a very minor role right
1:39:44 now with very they're more like
1:39:46 suggestions as opposed to guidelines
1:39:49 that we could adhere to so it's also an
1:39:53 opportunity to beef up our look in our
1:39:55 feel with something more concrete for
1:39:57 for planners to use as they administer
1:40:00 the code so if I understand this right -
1:40:03 we can still impose certain criteria
1:40:07 like denying something like the
1:40:09 right-of-way we just it just can't be on
1:40:11 content even if you were we could say
1:40:14 the right-of-way is not open for anybody
1:40:15 right we could if we wanted to he's
1:40:20 saying you know we can't do that I mean
1:40:22 I suppose you you could you could
1:40:24 regulate place let's just say that you
1:40:26 could regulate place but the
1:40:28 right-of-way has been the traditional
1:40:30 place for political signage and yard
1:40:33 sale signs and free speech and things
1:40:35 like that what kind of like to daniel's
1:40:37 point if you do it for one you do it for
1:40:39 all and it's like you said it's going to
1:40:42 be probably not in our comfort zone we
1:40:50 will figure it out we will figure it out
1:40:51 other places have been successful at a
1:40:53 legal question I don't know if this is
1:40:57 going to get me in hot water or not but
1:40:58 when it comes to enforcement can we
1:41:02 choose to enforce and if the problem
1:41:04 becomes in other words if we say it's
1:41:07 illegal to do this we just don't enforce
1:41:10 it because it hasn't been an
1:41:12 and all sudden it's an issue can we turn
1:41:14 on it and force it you can enforce it if
1:41:18 it's against the law you can enforce it
1:41:21 do you want to I'm not sure how you can
1:41:26 say that you should enforce your code
1:41:28 uniformly for everybody at all times
1:41:37 exercising their certain rights - so
1:41:40 what's the next step then oh let me get
1:41:45 through some other slides so just I
1:41:47 think we've talked about these a bit
1:41:49 more but you know we've talked about
1:41:50 lighting and and and not lighting these
1:41:53 are things that you can continue to
1:41:57 regulate you can create standards for
1:42:00 them so we've got a lot of room to work
1:42:04 with it's it's it's not all off the
1:42:08 table and we've talked about these -
1:42:11 some of the issues that we know are
1:42:13 going to be complicated
1:42:15 right off the bat or temporary signs you
1:42:18 know definitions redefining what
1:42:20 political sign really means now for
1:42:22 example and looking at our exceptions or
1:42:25 exemptions and and finding out how to
1:42:28 simplify those how to reword them making
1:42:32 sure they tie back in to the definitions
1:42:35 that we're reworking that there's good
1:42:37 there's good continuity but when it
1:42:42 comes right down to it we want to take
1:42:43 the maze and we want to have a straight
1:42:45 line through it so we get to easier
1:42:48 permitting easier applications and
1:42:50 standardized compliance public
1:42:55 involvement will be a big part of this
1:42:57 project we're gonna be leading off this
1:43:01 first quarter with some stakeholder
1:43:03 presentations designing a webpage which
1:43:06 is actually up right now
1:43:08 some comment forms for people to submit
1:43:10 online and at public meetings there's an
1:43:14 opportunity for using the notify me part
1:43:17 of the city's webpage where if they
1:43:19 wanted to get updates that get email
1:43:21 news flashes sent directly to their
1:43:23 emails
1:43:24 we're gonna have to work with the city's
1:43:26 council committees in particular Lyndon
1:43:29 Shore and then the City Council and then
1:43:33 the next steps project presentation and
1:43:36 discussion continued public meeting and
1:43:39 outreach continued meetings with you
1:43:42 Commission reviews and public hearings
1:43:44 committee review counselor decision and
1:43:46 implementation and there's the location
1:43:50 for the city's webpage on signs right
1:43:53 now at the bottom any other questions at
1:44:05 this moment I have one more announcement
1:44:12 for you all remember the parks
1:44:15 department is up redoing or updating or
1:44:19 we looking at reimagining the policies
1:44:22 in the strategic the parks strategic
1:44:24 plan that you asked them to do last year
1:44:27 they're forming an ad hoc committee to
1:44:30 look at these goals and policies and
1:44:32 they wanted to know if anyone from PPC
1:44:34 would want to join them in that endeavor
1:44:37 so I told Jen think that I would ask you
1:44:40 all tonight if you think about that and
1:44:42 you want to be involved let me know you
1:44:44 can email me and say I think I've got
1:44:47 the time to do this and I will let her
1:44:49 know do they have a proposed frequency
1:44:51 for meetings no I asked that she just
1:44:53 spoke to them I think their meeting was
1:44:55 this Monday so and I haven't seen her
1:44:58 since to see if they decided if they're
1:45:00 meeting once a month or if they're how
1:45:02 they're gonna do it they chosen today
1:45:04 you know I asked all these questions as
1:45:06 I said my folks are gonna want to know
1:45:08 like specifically it's Tuesday at
1:45:10 whenever but she didn't know yet but I
1:45:12 could ask her again and then send that
1:45:14 out to see if that would help anybody
1:45:15 make a decision and if they'd want to do
1:45:17 that it'd be great I can't do that do we
1:45:19 need to open this up for public comment
1:45:21 the sign code not was just a
1:45:24 presentation well thank you very much we
1:45:27 appreciate it awesome presentation we
1:45:29 had a lot of questions thank you we're
1:45:33 all set in the next meeting hopefully
1:45:35 are you for available for February 14th
1:45:38 because it's getting now that AJ is on
1:45:40 the transportation committee it's going
1:45:41 to be harder to get a quorum
1:45:43 oh and what a day to choose to have yeah
1:45:48 do we what are we doing about the
1:45:51 vacancy on this commission do we have to
1:45:53 wait at some point to or yeah that'll
1:45:55 come when we when they advertised all
1:45:57 the open positions okay but that we
1:46:00 would fill that and 2019 we can't wait
1:46:03 we're knee we can't appoint something
1:46:05 early okay right we would do that in May
1:46:07 okay all right so I'm gonna go ahead and
1:46:13 call the meeting here at 8:16 and we are
1:46:17 adjourned thank you very much Ron

Attendance

Council / Members (8)
Administration/Staff: Ron Faul
Trish Heinonen
Planning Policy Manager Bill Rinehart Emily Arteche
Senior Planner Lindsey Walsh Keith Niven
Development Svc. Director AJ McGauley
Alt. (Voting as Regular Member) Jason Voiss
Alt. (Voting as Regular Member) Commissioners Not Present (Excused): Joan Probala
Joy Lewis Troy Rahmig