01/19/2000 Meeting Minutes - Laserfiche WebLink

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Public Hearing, Ord. 9&131 January 19, 2000 problems 20 years from now. Council President Beringer reiterated that there currently aze no plans far a tower, this ordinance simply sets us the district. Councilman Gazeau agreed that it is ridiculous that health issues cannot be taken into consideration. However, we have tp abide by the federal law. There have been communities sued over this issue. He noted that there is no proposal pending. Council is simply acting to address a future potential issue. It is proactive. We know the day is going to come that someone will want to build a tower, so we want to be sure that a proc~iure is in place. Mr. O'Grady reiterated that legally, under the federal law, the city cannot take the health issues into account. He noted that Council is considering a proposal to push the azea back beyond at least two of the CEI power lines so it will be a considerable distance from homes and the power lines. Law Director Gareau explained that, if Council does not designate an area for these towers, they could be placed anywhere. That is why the city is taking this proactive step and looking to the future to make sure that we regulate these types of uses and have reasonable regulations that can withstand the scrutiny of federal law. Mayor Musial said, on behalf of the administration, he wanted to assure the residems that there is no knowledge of a proposal for a tower at this time. Tom Hatfield, 6114 Wild Oak Drive • Expressed concern that a tower could be built across the street from the recreational area on Bradley Road. He had hoped the land could be developed for recreational use. Mr. O'Grady noted that Mr. Thomas had put together a proposal to take the overlay district and push it back to the CEI lines. If that proposal is accepted, then the recreational azeas will no longer be in the overlay district. We need to be careful of getting too restricted. Legally we are not permitted to keep a tower from going up. What we aze trying to do with the overlay district is find an azea that has the least impact upon the residents. Mr. Gareau and Mr. Limpert both noted that the city must allow enough azea for towers to go in or risk a lawsuit. Sandy LaCorte, 6039 Brook Circle • She has her house up for sale and a potential buyer found out about this and may withdraw the offer to purchase because of this legislation. This has an economic impact on residents. Dan Butkiewicz, 6033 Brook Circle • Thanked the Law Director for explaining the reason why this has to be done. However, he noted that the initial drawing showed that the land being set aside for the towers was actually abutting the property lines of residents who live on Wild Oak. He believes that the proposal to push the area back to the CEI lines would help the residenrts considerably-not only in peace of mind but also in the property vah~es. He asked whether companies would be required to co-locate. Mr. Hunt said that co-location is the first option that has to be exhausted when a company files an application to build a tower. The legislation is set up in a tiering system with co- location being the first option and then to the CEI easement and other azeas where it will be permissible. That would not require going in from of the Planning ~ ~ .,rs ...