City Council Minutes 1997 08 19 - Laserfiche WebLink

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ORDINANCE NO. 1264, SERIES 1997 - AMENDING TITLE 17 OF THE LOUISVILLE MUNICIPAL CODE AND ADDING A NEW CHAPTER 17.42 TO REGULATE THE PLACEMENT, CONSTRUCTION AND MODIFICATION OF COMMERCIAL MOBILE RADIO SERVICES AND COMMERCIAL SATELLITE DISH ANTENNAE WITHIN THE CITY OF LOUISVILLE, AND TO MAKE OTHER AMENDMENTS TO TITLE 17 OF THE CONNECTION THEREWITH - 2ND READING - PUBLIC HEARING Tanoue read by title only Ordinance No. 1264, Series 1997, "An ordinance amending Title 17 of the Louisville Municipal Code and adding a new Chapter 17.42 to regulate the placement, construction and modification of commercial mobile radio services and commercial satellite dish antennae within the City of Louisville, and to make other amendments to Title 17 in connection therewith." Paul Wood, Planning Director, introduced Ken Johnstone, Planner II, who was responsible for this effort. Johnstone stated that there had only been minor changes to the document since the previous reading, such as the definition of an ATS had been slightly reworded for clarity and other minor non- substantive changes. Regarding the expense of the third party review, the document had been clarified that it would be the intention that the money would be deposited with the City in the amount of 125% of the estimated cost of the third party review, but only the actual cost would be charged to the provider. Three sets of written comments (available in Central File, main floor, City Hall) were included in Council's packets from members of the industry: Fred Fox, Planning Consultant to AT&T Wireless Services, Lawrence L. Levin, Attorney for AT&T Wireless Services, and Ann S. Closser, representing U.S. West NewVector Group, Inc. Johnstone's responded to a few of their comments: The restriction on free-standing towers did not necessarily mean that the actual support structure for an ATS could not utilize monopole design. On the maximum projection of 12" for a wall mounted panel antennae, that was a change occurring at the staff level to minimize the impact of building mounted antennas. It could be up to a maximum of 24", if it could be demonstrated that there was a technical need to do that. Regarding noise generation, no noise shall be generated at the property line. Concerning the requirement for information about existing and proposed system design within a seven mile radius of a site that is applying to the City, that had been modified on several occasions in response to some of the concerns of the industry. The wording in the document gives the Planning Director quite a bit of discretion in terms of what they would require and how much of that might need to be in writing and be a formal part of the record. Davidson opened the public hearing. Jill Jelinek, representing Sprint PCS, 4700 South Syracuse Street, Suite 600, Denver, Colorado 80237, stated that Sprint agrees and supports the letters that had been submitted on behalf of the other wireless task force members. They were extremely discouraged at what was still in this ordinance, such as maintenance being limited to the hours of 7:30 a.m. to 5:30 p.m. They require a 24 hour/day, seven days/week access, before they negotiate a lease with the property owner. They requested that item be removed from the document.