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05-13-2008
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05-13-2008
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understand that the level of discretion with Special Use Permits is limited, however the <br />• Council has unlimited discretion with regard to the decision to be a landlord to such uses. <br />League of Minnesota Cities Recommendation <br />In July of 1996 the League provided area cities with model ordinances and suggested <br />policies for regulation of wireless telecommunications towers. This was in response to <br />the Federal Telecommunication Act of 1996. The League recommended that policies be <br />adopted to ensure "the views of the city council on priorities to be considered in drafting <br />personal communications services (PCS) antenna site leases for facilities to be located on <br />land or structures which the city owns or controls". The memo prepared by the League is <br />attached as well as a model policy on wireless towers. Also attached is the "outline of <br />zoning regulations" the League prepared to aid cities is establishing code standards for <br />regulation of such towers. <br />What are other cities doing? <br />City staff contacted the following area cities: St. Anthony, Arden Hills, Columbia <br />Heights, Fridley, Roseville, and Mounds View. With the exception of the Cities of <br />Fridley and Roseville, none of the cities have free-standing towers erected on public land <br />such as parks. In most cases, this is simply because they have not been approached rather <br />than an outright prohibition. City staff has compiled zoning standards for all these cities <br />should the Council wish to review them. What is clear is that the standards in place for <br />New Brighton are minimal when compared to these other communities. This may or may <br />not be relevant should the Council wish to consider amendments to the Zoning Code, in <br />terms of additional special use standards. <br />Staff also contacted these cities to determine if additional policies are in place with regard <br />to these structures being erected on public lands. A summary of this research and general <br />code standards is attached. <br />Formal or Informal Policies <br />Many of the cities contacted had either informal or formal policies in place. In the <br />instances where informal policies are in place, the Council typically approves the site <br />location prior to any land use applications. Many of the cities contacted have formal <br />policies in place, which essentially consists of extensive criteria made part of the code, <br />such as: <br />• Must prove co -location on an existing tower is not an option <br />• May only erect a co -locatable tower <br />• Require coverage maps or other technical information to exercise "good faith in <br />collocating" <br />• City may hire a 3`d party technical advisor at the expense of the applicant <br />• Require a certain type of tower, like a monopole, stealth design, or camouflaging (bell <br />tower, clock tower, flag pole, light pole, tree, etc.) <br />• Must place free-standing towers within mature tree growth to the maximum extent <br />possible and preservation of mature tree growth <br />• Provisions for removal of inactive towers <br />• • Topography of surrounding area, preservation of sight lines, not located in front yard <br />• Locate near existing structures that serve as visual distractions, like high power <br />transmission poles, billboards, etc. <br />• Setbacks to residential dwellings and/or residential property boundaries <br />C., Dann sand Sar gs.jgtmff skrop'<ell mwm policy w rksession memo (5-13-OB)dac <br />
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