05/22/2000 Council Packet - Laserfiche WebLink

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• • AGENDA ITEM 6 F STAFF ORIGINATOR: Jeff Smyser C. C. MEETING DATE: May 22, 2000 TOPIC: Resolution No. 00 -67: Initiating Process for Adopting A Towers Moratorium VOTE REQUIRED: 3/5 BACKGROUND As we discussed at the last two work sessions, federal law requires that cities must not pass regulations that prohibit or have the effect of prohibiting the provision of personal wireless services. As we are on the "front lines" of urban growth in the metropolitan region, it is probable that we will be receiving more tower applications in the foreseeable future. Staff believes it is a good idea to plan ahead rather than just react to numerous individual applications for new towers. Toward that end, staff is recommending that the City initiate a moratorium on new tower construction until we complete a towers location study. This study will inventory existing facilities in the area with the goal of determining where new facilities likely will be needed. To the extent we can do this, we can plan for those locations and minimize the number of towers. With the cooperation of surrounding communities in the planning study, we can minimize the number of new towers in all our communities and still provide for full PCS service in compliance with federal law. Our City Attorney advises us that once the City Council initiates the process by directing staff to prepare a moratorium ordinance, we can forestall approvals of applications for new towers until the study is completed. A moratorium on new tower applications will be treated as an amendment to the zoning ordinance. The public hearing would occur at the June 14 Planning & Zoning Board meeting, as shown in the following schedule: May 22 City Council meeting: initiate process for adopting 90 -day moratorium by directing staff to prepare ordinance and setting public hearing date June 14 public hearing at Planning & Zoning Board meeting June 26 first reading of ordinance at City Council meeting July 10 second reading of ordinance at City Council meeting July 17 ordinance published in newspaper August 16 ordinance effective (30 days after publication) November 14 90 -day moratorium expires