City Council Minutes 2002 02 05 - Laserfiche WebLink

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Louisville City Council Meeting February 5, 2002 Page 5 20-feet in height per provider. He stated that the Planning Commission recommended approval of the ordinance changes. He noted that during the month of October 2001, Staff sent Ordinance No. 1374 to seven telecommunications industry representatives and asked for comments, however, to date, no comments have been received. Davidson opened the public hearing and asked if anyone wished to speak in favor or against Ordinance No. 1374, Series 2001. COUNCIL COMMENTS Mayer asked Wood for the CRMS Facility criteria for judging permissibility. Wood stated that the criteria within the ordinance relates to the review process for ATS facilities. He stated that if there is an existing use and element of the building, or minor modification that does not substantially alter the exterior appearance of the building, the Planning Director may move forward with administrative Special Review Use. If the placement of a modification or an ATS has any impact that substantially alters the appearance or context, than a Special Review Use hearing would be required. Mayer addressed the other portions of the ordinance, and asked under what conditions would a freestanding CRMS be allowed within the City. Wood stated that under the definition of freestanding, it is prohibited in any zone district in the City. Mayer stated that in the previous Qwest SRU request, it appeared that they thought the City was restricting their right to provide antenna services within the City.. He stated that in evaluating proposals it is difficult to determine if an arduous burden of cost and expense is being placed on the applicant. Mayer voiced concern that cellular telephone companies come in and complain that the City is restricting the ability to provide services, as prescribed by federal law. He voiced his preference for a mechanism to judge whether an arduous burden is being placed on the applicant. Wood stated that while freestanding towers are excluded, the ordinance recognizes the technology of a community locator pole, where the antenna is actually inside the circumference of the pole. He stated that the ordinance also provides a second option to hire a third party consultant to evaluate the information relative to the optimal reception and transmission. He explained that there is the ability to split cost three ways or between the parties. Mayer stated that would be useful to find some objective way to address that issue. He voiced concern with the Qwest proposal and the lack of an evaluation process. Davidson closed and reopened the public hearing. Charles Kirk, 182 Cherrywood Lane, Louisville, CO, stated that he is a Qwest employee, and aware that for a number of years there has been very poor reception in the vicinity of the Post Office. He asked if the restriction is for a structural tower. He noted the number 5