01/14/1998 P&Z Minutes - Laserfiche WebLink

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Planning & Zoning Board January 14, 1998 Page 2 V. ACTION ITEMS A. Continuation of Public Hearing, Telecommunication Ordinance Chair Schaps opened the continuation of this public hearing at 6:36 p.m. Mr. Brixius explained that development of this ordinance has been ongoing for approximately five months. He indicated that his hope was to present enough information at this time to close the public hearing. Prior to reviewing the current draft of the ordinance, Mr. Brixius directed the Board's attention to the November 19, 1997 opinion of the City Attorney's office. This opinion was based upon a previous draft of the ordinance, and expresses clearly that the Telecommunications Act gives Lino Lakes the authority, through zoning, to regulate the placement, construction and modification of personal wireless service facilities. However, the opinion went on to caution that IN GENERAL. No state or local statute or regulation, or other state or local legal requirement, may prohibit or have the effect of prohibiting the ability of any entity to provide any interstate or intrastate telecommunications services. Mr. Brixius stated that the draft ordinance upon which this opinion was based incorporated placement of telecommunication antennas and towers in various zoning designations, including commercial, industrial and semi - public. The opinion expresses agreement with the appropriateness of placing them within these zones, providing the City is not limiting tower or service ability to the community and that the ordinance cannot be interpreted to be so restrictive as to prevent adequate provision of this utility. The first draft ordinance was more lenient. Concerns addressed were placement of towers and/or antennas with respect to aesthetic and environmental impact on the community. The December 4 draft, which was forwarded to the Planning Commission in December, includes a number of changes. Mr. Brixius mentioned that a meeting had taken place with MnDOT and U.S. West at which two issues were discussed: (1) Placement of a personal wireless service antenna for use by U.S. West, and (2) location of an emergency public safety tower for MnDOT which would serve State patrol, Anoka County including the local correctional facility, and some local police band radio communications. In review of the 12/4/97 draft ordinance, Mr. Brixius directed the Board's attention first to Section 1, which consists of pertinent definitions. Section 1.1. through 1.6. refer to the various types of antennas and their distinctly separate treatment. Mr. Brixius reviewed certain additional definitions of particular note, such as Secondary Use. He pointed out • • •