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97-291Council File # �,� � � � ` Green Sheet # d� RESOLUTION , , CI�1(�OF SAINT PAUL, MINNESOTA Presented By Referred To Committee: Date 1 2 VJIIEREAS, on October 15, 1996, in council file number 96-ll68, the Mayor of the 3 City of Saint Paul approved an interim zoning ordinance adopted by the council of the City of 4 Saint Paul on October 9, 1996, which placed a moratorium relating to height and setback 5 restrictions for cellulaz telephone antennas for a period of 120 days from the effective date of 6 the ordinance, and 7 8 WHEREAS, Section 3 of the interim ordinance provides for the eactension of the 9 maratorium beyond the 120 day period by resolution in the event such extension is required 10 to complete studies and adopt possible amendments to the zoning code; and 11 12 WHEREAS, it is appazent that the studies of the planning commission and 13 deliberations of the City Council to consider amendments to the zoning code will require 14 additional time; and 15 16 NOW, THEREFORE, BE IT RESOLVED, that the City Council extends the interim 17 ordinance (Council File No. 96-1165) continuing the moratorium relating to height and 18 setback restrictions for cellulaz telephone antennas for a period of 90 days from the effective 19 date of this resolution, ar until completion of studies by the planning commission and 20 deliberations of the City Council and the enactment on new zoning regulation, if deemed 21 appropriate, whichever occurs first. Requested by Department of: By: Form Approved by City Attorney Adopted by Council: Date �� .�, � Adoption Certified by Council Secretary g ���L-�Gyvt�—� 3�'/�' /7 Y� By: Approved by Mayor for Submission to Council Approved by Mayor: Date S/ZL''[� �— sy: �-��.. `�� ay: a�l - ��t l DEP �� o �� C�JCOf1NCIL DATE �q�� GREEN SHEET N° 33490 �� � � � � DEPARTMENT�IRE CRYCAUNCIL . INRIAVDATE � 011IIC �CIII �I IICC H3ifIS � (b8630 A��GN OCRYATTORNEY aG1TYCLERK MUST BE ON CAUNGL AGENDA BY (DATES NUYBER FOH O��� �RECTOFi � FIN. & MGT. SEf1V10ES �IR. ROUi1NG OflDER O MAYOA (pp ASSISTANn � TOTAL # OF SIGNATURE PAGES (CL1P ALl LOCATIONS FOR SIGNATURE) ACiION REQUESTED: A resolution eartending the interim ordinance (C.F. 96-1165) continuing the moratorium relating to height and setback restrictions for cellular telephone antennas for 90 days from ihe effective date of this iesolution. RECqMMENOAnONS: nppcwe (A) or Peject (R) PERSONAL SERVICE COMHACTS MUST ANSW ER TNE FOILOWING QUESTIONS: _ PIANNINCa COMMISSION _ CIVIL SE(iVIGE CAMMISSION 1. Has this personfirm ever worked undsr a co(rcrect for this departmeM? � _ CiB COMMmEE _ YES NO _ STa�F 2. Has this person/firm ever been a city employee? — VES NO _ DISTFiICT COURT _ 3. Does Nis person/Firtn sess a skill not normal pos ry possessetl by any current city employee? SUPPORTS WHICH COUNCIL O&IECTIVE7 YES NO Explain all yes answen on separate sheet and attech to green sheet INITIATING PROBLEM,ISSUE, OPPOATUNITY (Who, What, When, Where, WYry): ADVANTAGES IFAPPROVED. DISADVAN7AGE5 IF APPflOVED: 01SMVANTAGES IF N07 APPROVED: TOTAL AMOUNT OFTRANSACTION $ COST/FiEVENUE BUDGETED (CIRCLE ONE) YES NO FUNDI(dG SOURCE ACTIVITY NUMBER FINANCIALINFORMATION:(E%PLAIN) �l'l - �-�l1 Interdepartmentai Memorandum CITY OF SAINT PAITI. ���� RECEIVED MAR 1 9 1997 MIC� ��LL H� ���S DATE: TO: FROM: March 19, 1997 Council Member Harris Peter Warner, CAO RE: Cellular Telephone Moratorium C.F. 96-1168 Council Member Harris, As you will recall, the Council, in C.F. 96-1168, created an interim ordinance directing the Department of Planning and Economic Development (PED) to undertake a study of the City's present zoning regulation of cellular telephone antennas. During the pendency of the study, C. F. 96-1168 imposed a moratorium on erecting cellular telephone antennas in certain zoning districts. The moratorium is set to expire on March 25, 1997. As part of the directive to PED to prepare a report and any reaommendations to change the City's Comprehensive Plan and Zoning Code regulating cellular telephone antennas, the Saint Paul Planning Commission held public hearings to take testimony on zoning regulation of cellular telephone antennas. At a public hearing on February 27, 1997, the Zoning Committee of tYxe Planning Commission, moved to layover making a decision on recommending changes to the Zoning Code as it pertains to regulating cellular telephone antennas height and setback regulations. The layover was due in part to information obtained from the general public as well as from the cellular telephone industry. The Zoning Committee felt that more time was needed to assimilate all of the information and comments received in order to make a more in£ormed recommendation to the Council. As a result of this layover, the Council, if it desires to maintain �1`l-�9�. the moratorium, must extend the moratorium for an additional period of time beyond the March 25, 1997, expiration date. Accordingly, I have prepared the attached resolution for you to submit to Council today under suspension of the rules. The purpose of the resolution is to continue the moratorium for an additional ninety (90) days. The ninety day continuance was recommended by PED-Zoning staff_ Zoning staff feels that ninety days should be more than adequate to complete the study and to have the Planning Commission present its recommendations to the Council. If the resolution is not passed, the moratorium will expire. Cellular telephone providers will then be able to erect cellular telephone antennas under the present provisions of the zoning code. If you have any questions please do not hesitate to contact me. My direct dial number is 6-8724. Thank you. PWW. cc: Peg Birk, CAO SI+.CJS \ ��w�"2.� — � f l8''��0 RESOLUfION OF SAINT PAttL, M(NNESOTA r��t�a Referred To �t �t - a.� ` Council File # '"i�bc! K� Green Sheet # 3� 3 P O .3�'1'L Committee Date Resolution establishing a moratorium on certaiu locations of cellular telephone antennas 3 WHEREAS, the Saint Paul Legislative Code cunen8y permits ceilulaz telephone anteanas to be placed on poles 4 seventy-five (75) feet high in residenfially wned dishicts and in commercially zoned districts adjacent to single 5 family homes; and 6 WHEREAS, substantial questians have been raised as to whether the impacts of these exceedingly tall cellular 7 towers were fully understood when the current zoning amendments were adopted, and 8 WI�REAS, a study is needed to determine whether or not the City's present comprehensive plan and zoning code 9 properly designate whether cellulaz telephone antennas aze an appropriate use for residentially zoned property and 10 those properties adjacent to residentiaily zoned properry; and i l WHEREAS, the Council of the City of Saint Paul desires to temporarily limit the establishment of cellular telephone 12 antennas within the City of Saint Paul until such time as a study of possible amendments to the City's 13 comprehensive pIan and zoning code relating to cellulu radio antennas has been completed and the Council of the 14 City of Saint Pau1 has taken acrion on the recommendations contained in the study; now, therefore, be it 15 RESOLVED, that under sepazate ordinance, the Council of the City of Saint Paul will direct the Director of the 16 Department of Planning and Economic Development to nnmediately undertake a study of the City's comprehensive 17 plan relating to cellular telephone antennas and submit its report and recommendations to the Councii; and, be it 18 FURIT�R RESOLVED, that pending the adoption of an interim ordinance limiting the establishment of cellulaz 19 telephone antennas in certain narrowly defined azeas, no pernuts shall be issued or granted for the construction of 20 cellulaz telephone antennas exceeding ffie lnnits estabiished by the interun ordinance from this date and until the 21 expiration of twelve months as allowed by Minn. Stat. § 462.355, subd.(4), or until such earlier time as the Council 22 of the City of Saint Paul has taken action on the recommendations contained in the study; and be it ��- ��r S uba�; - � � � � , ct � ��'>^�kt�6-� 1 FINALLY RESOLVED, that the resri�ictions to be contained in this resolution and in the said interim ordinance may 2 be extended by acrion of the City Council for additional periods of time not to exceed an additional eighteen (18) 3 months in the event that such study and recommendations and the deliberarion of the City Council requires 4 extensions of time. Requested by Deparnnent o£ � Form Approv Ciry Attorney B L� �/��.� �-l7 -� U Adoption Certified by Council Secretary Approved by Mayor for Submission to Council n $y� .�a A -� _ �%'�� � � Approved by Mayor. Date ^ J�� �' �' i gy: �� � � .uG.�%� Adopted by Council: Date _Q '� ,q� —T R '� - �- R ..�L.�.\ 4,L S. �C��I� CO11IlC]l� 9/11l96 �REEN SHEE N_ � 3 6 3 8 0� AGT PERSpN d PMONE O OEPAliTMENT OIRE rt' �� A � O GRY CAUNqI �mwro�TE Councilmember Mike Harris (68630) �N � cmr �nonNer � cm c�aK MUST BE ON COUNCLL AGENDA BY iDATE NUYBEP FOR ) qp�� � BUDGET DIRECTOR � flN.6 MGT. SERVICES D10. OROER Q �YOR (OF ASSISTAN� � TOTAL # OF SIGNATURE PAGES (CLIP AlL LOCATIONS FOR SIGNATUAE) ACfiON REQUESTED: Resoluaon prolu'bi6ng the consuuc6on of cellu]ar celephone antrFm?s m cer[ain narrowly defined districts and directing tFizt no pemrits sHall be issued or approved by the City for the construction of any such antennas. RECON�eEr+Da7roNS: nppmva (A) a Fleject (R) pEPSOHAL SEAYICE CONTRACTS YU57 ANSWEFi THE F6LLOWING �UESTIONS: �. PUNNMCi COA/MISSION _ CML SE/iVICE COM1.45SiON 7. Has Mis perso�rm ev0r wotketl Under a coMrae[ fw ihis tlepat4nent? . - _ CiB CAMMITTEE __ YES "NO __ �� 2. Has Mis perwn/firm ever been a eity employee? — YES NO — ����� u � — 3. DoesMis rwMirm pa possess a skilt �rot norma6y possessatl by arcy curteM ciy emplqea? SUPpORiSWHIG4CAUµCy,pgJECTY£7 YES NO Expialn eil yes answsrs on sepsnte shset an0 attach to gresn sheet MRIATINC PqOBLEM, ISSUE. OPPoflTUNITY(W1a, Wne4 W�an. Whxe. NM1+Y): Cellulaz telephone technology has advanced to the point where there will 6e a dramatic increase in the number of cellulaz teleghone towers erected in the City of Saint Paul. Current zoning may not adequately address height remictions for these towers. ADVANTAGES IFAPPqOVE�: I.ocation and heights of cellulaz telephone antennas wili be well planned in have pubiic scrutiny and acceptance of zoning standards.. DISADVANTAGES IFAPPRpVED; Cellulaz telephone indushy will be restricted from erecting 75 foot freestanding antenaas in or near residenual wnes. OISAOVANTAGE$ If NpTAPPROVEO: The City wuid see a proliferation of cellulaz telephone antennas that couid be as tall as 75 feet anywhere in the city. TOTAL AMOUNT OP TpANSACT{Oti 5 COSTJREVENUE HUDGETED (CIRCLE ONE) YES NO FUNDING SWFiCE ACTWITY NUMBER flNANC1AL 7NFOAMATION: �EXPUIN) Council File # �,� � � � ` Green Sheet # d� RESOLUTION , , CI�1(�OF SAINT PAUL, MINNESOTA Presented By Referred To Committee: Date 1 2 VJIIEREAS, on October 15, 1996, in council file number 96-ll68, the Mayor of the 3 City of Saint Paul approved an interim zoning ordinance adopted by the council of the City of 4 Saint Paul on October 9, 1996, which placed a moratorium relating to height and setback 5 restrictions for cellulaz telephone antennas for a period of 120 days from the effective date of 6 the ordinance, and 7 8 WHEREAS, Section 3 of the interim ordinance provides for the eactension of the 9 maratorium beyond the 120 day period by resolution in the event such extension is required 10 to complete studies and adopt possible amendments to the zoning code; and 11 12 WHEREAS, it is appazent that the studies of the planning commission and 13 deliberations of the City Council to consider amendments to the zoning code will require 14 additional time; and 15 16 NOW, THEREFORE, BE IT RESOLVED, that the City Council extends the interim 17 ordinance (Council File No. 96-1165) continuing the moratorium relating to height and 18 setback restrictions for cellulaz telephone antennas for a period of 90 days from the effective 19 date of this resolution, ar until completion of studies by the planning commission and 20 deliberations of the City Council and the enactment on new zoning regulation, if deemed 21 appropriate, whichever occurs first. Requested by Department of: By: Form Approved by City Attorney Adopted by Council: Date �� .�, � Adoption Certified by Council Secretary g ���L-�Gyvt�—� 3�'/�' /7 Y� By: Approved by Mayor for Submission to Council Approved by Mayor: Date S/ZL''[� �— sy: �-��.. `�� ay: a�l - ��t l DEP �� o �� C�JCOf1NCIL DATE �q�� GREEN SHEET N° 33490 �� � � � � DEPARTMENT�IRE CRYCAUNCIL . INRIAVDATE � 011IIC �CIII �I IICC H3ifIS � (b8630 A��GN OCRYATTORNEY aG1TYCLERK MUST BE ON CAUNGL AGENDA BY (DATES NUYBER FOH O��� �RECTOFi � FIN. & MGT. SEf1V10ES �IR. ROUi1NG OflDER O MAYOA (pp ASSISTANn � TOTAL # OF SIGNATURE PAGES (CL1P ALl LOCATIONS FOR SIGNATURE) ACiION REQUESTED: A resolution eartending the interim ordinance (C.F. 96-1165) continuing the moratorium relating to height and setback restrictions for cellular telephone antennas for 90 days from ihe effective date of this iesolution. RECqMMENOAnONS: nppcwe (A) or Peject (R) PERSONAL SERVICE COMHACTS MUST ANSW ER TNE FOILOWING QUESTIONS: _ PIANNINCa COMMISSION _ CIVIL SE(iVIGE CAMMISSION 1. Has this personfirm ever worked undsr a co(rcrect for this departmeM? � _ CiB COMMmEE _ YES NO _ STa�F 2. Has this person/firm ever been a city employee? — VES NO _ DISTFiICT COURT _ 3. Does Nis person/Firtn sess a skill not normal pos ry possessetl by any current city employee? SUPPORTS WHICH COUNCIL O&IECTIVE7 YES NO Explain all yes answen on separate sheet and attech to green sheet INITIATING PROBLEM,ISSUE, OPPOATUNITY (Who, What, When, Where, WYry): ADVANTAGES IFAPPROVED. DISADVAN7AGE5 IF APPflOVED: 01SMVANTAGES IF N07 APPROVED: TOTAL AMOUNT OFTRANSACTION $ COST/FiEVENUE BUDGETED (CIRCLE ONE) YES NO FUNDI(dG SOURCE ACTIVITY NUMBER FINANCIALINFORMATION:(E%PLAIN) �l'l - �-�l1 Interdepartmentai Memorandum CITY OF SAINT PAITI. ���� RECEIVED MAR 1 9 1997 MIC� ��LL H� ���S DATE: TO: FROM: March 19, 1997 Council Member Harris Peter Warner, CAO RE: Cellular Telephone Moratorium C.F. 96-1168 Council Member Harris, As you will recall, the Council, in C.F. 96-1168, created an interim ordinance directing the Department of Planning and Economic Development (PED) to undertake a study of the City's present zoning regulation of cellular telephone antennas. During the pendency of the study, C. F. 96-1168 imposed a moratorium on erecting cellular telephone antennas in certain zoning districts. The moratorium is set to expire on March 25, 1997. As part of the directive to PED to prepare a report and any reaommendations to change the City's Comprehensive Plan and Zoning Code regulating cellular telephone antennas, the Saint Paul Planning Commission held public hearings to take testimony on zoning regulation of cellular telephone antennas. At a public hearing on February 27, 1997, the Zoning Committee of tYxe Planning Commission, moved to layover making a decision on recommending changes to the Zoning Code as it pertains to regulating cellular telephone antennas height and setback regulations. The layover was due in part to information obtained from the general public as well as from the cellular telephone industry. The Zoning Committee felt that more time was needed to assimilate all of the information and comments received in order to make a more in£ormed recommendation to the Council. As a result of this layover, the Council, if it desires to maintain �1`l-�9�. the moratorium, must extend the moratorium for an additional period of time beyond the March 25, 1997, expiration date. Accordingly, I have prepared the attached resolution for you to submit to Council today under suspension of the rules. The purpose of the resolution is to continue the moratorium for an additional ninety (90) days. The ninety day continuance was recommended by PED-Zoning staff_ Zoning staff feels that ninety days should be more than adequate to complete the study and to have the Planning Commission present its recommendations to the Council. If the resolution is not passed, the moratorium will expire. Cellular telephone providers will then be able to erect cellular telephone antennas under the present provisions of the zoning code. If you have any questions please do not hesitate to contact me. My direct dial number is 6-8724. Thank you. PWW. cc: Peg Birk, CAO SI+.CJS \ ��w�"2.� — � f l8''��0 RESOLUfION OF SAINT PAttL, M(NNESOTA r��t�a Referred To �t �t - a.� ` Council File # '"i�bc! K� Green Sheet # 3� 3 P O .3�'1'L Committee Date Resolution establishing a moratorium on certaiu locations of cellular telephone antennas 3 WHEREAS, the Saint Paul Legislative Code cunen8y permits ceilulaz telephone anteanas to be placed on poles 4 seventy-five (75) feet high in residenfially wned dishicts and in commercially zoned districts adjacent to single 5 family homes; and 6 WHEREAS, substantial questians have been raised as to whether the impacts of these exceedingly tall cellular 7 towers were fully understood when the current zoning amendments were adopted, and 8 WI�REAS, a study is needed to determine whether or not the City's present comprehensive plan and zoning code 9 properly designate whether cellulaz telephone antennas aze an appropriate use for residentially zoned property and 10 those properties adjacent to residentiaily zoned properry; and i l WHEREAS, the Council of the City of Saint Paul desires to temporarily limit the establishment of cellular telephone 12 antennas within the City of Saint Paul until such time as a study of possible amendments to the City's 13 comprehensive pIan and zoning code relating to cellulu radio antennas has been completed and the Council of the 14 City of Saint Pau1 has taken acrion on the recommendations contained in the study; now, therefore, be it 15 RESOLVED, that under sepazate ordinance, the Council of the City of Saint Paul will direct the Director of the 16 Department of Planning and Economic Development to nnmediately undertake a study of the City's comprehensive 17 plan relating to cellular telephone antennas and submit its report and recommendations to the Councii; and, be it 18 FURIT�R RESOLVED, that pending the adoption of an interim ordinance limiting the establishment of cellulaz 19 telephone antennas in certain narrowly defined azeas, no pernuts shall be issued or granted for the construction of 20 cellulaz telephone antennas exceeding ffie lnnits estabiished by the interun ordinance from this date and until the 21 expiration of twelve months as allowed by Minn. Stat. § 462.355, subd.(4), or until such earlier time as the Council 22 of the City of Saint Paul has taken action on the recommendations contained in the study; and be it ��- ��r S uba�; - � � � � , ct � ��'>^�kt�6-� 1 FINALLY RESOLVED, that the resri�ictions to be contained in this resolution and in the said interim ordinance may 2 be extended by acrion of the City Council for additional periods of time not to exceed an additional eighteen (18) 3 months in the event that such study and recommendations and the deliberarion of the City Council requires 4 extensions of time. Requested by Deparnnent o£ � Form Approv Ciry Attorney B L� �/��.� �-l7 -� U Adoption Certified by Council Secretary Approved by Mayor for Submission to Council n $y� .�a A -� _ �%'�� � � Approved by Mayor. Date ^ J�� �' �' i gy: �� � � .uG.�%� Adopted by Council: Date _Q '� ,q� —T R '� - �- R ..�L.�.\ 4,L S. �C��I� CO11IlC]l� 9/11l96 �REEN SHEE N_ � 3 6 3 8 0� AGT PERSpN d PMONE O OEPAliTMENT OIRE rt' �� A � O GRY CAUNqI �mwro�TE Councilmember Mike Harris (68630) �N � cmr �nonNer � cm c�aK MUST BE ON COUNCLL AGENDA BY iDATE NUYBEP FOR ) qp�� � BUDGET DIRECTOR � flN.6 MGT. SERVICES D10. OROER Q �YOR (OF ASSISTAN� � TOTAL # OF SIGNATURE PAGES (CLIP AlL LOCATIONS FOR SIGNATUAE) ACfiON REQUESTED: Resoluaon prolu'bi6ng the consuuc6on of cellu]ar celephone antrFm?s m cer[ain narrowly defined districts and directing tFizt no pemrits sHall be issued or approved by the City for the construction of any such antennas. RECON�eEr+Da7roNS: nppmva (A) a Fleject (R) pEPSOHAL SEAYICE CONTRACTS YU57 ANSWEFi THE F6LLOWING �UESTIONS: �. PUNNMCi COA/MISSION _ CML SE/iVICE COM1.45SiON 7. Has Mis perso�rm ev0r wotketl Under a coMrae[ fw ihis tlepat4nent? . - _ CiB CAMMITTEE __ YES "NO __ �� 2. Has Mis perwn/firm ever been a eity employee? — YES NO — ����� u � — 3. DoesMis rwMirm pa possess a skilt �rot norma6y possessatl by arcy curteM ciy emplqea? SUPpORiSWHIG4CAUµCy,pgJECTY£7 YES NO Expialn eil yes answsrs on sepsnte shset an0 attach to gresn sheet MRIATINC PqOBLEM, ISSUE. OPPoflTUNITY(W1a, Wne4 W�an. Whxe. NM1+Y): Cellulaz telephone technology has advanced to the point where there will 6e a dramatic increase in the number of cellulaz teleghone towers erected in the City of Saint Paul. Current zoning may not adequately address height remictions for these towers. ADVANTAGES IFAPPqOVE�: I.ocation and heights of cellulaz telephone antennas wili be well planned in have pubiic scrutiny and acceptance of zoning standards.. DISADVANTAGES IFAPPRpVED; Cellulaz telephone indushy will be restricted from erecting 75 foot freestanding antenaas in or near residenual wnes. OISAOVANTAGE$ If NpTAPPROVEO: The City wuid see a proliferation of cellulaz telephone antennas that couid be as tall as 75 feet anywhere in the city. TOTAL AMOUNT OP TpANSACT{Oti 5 COSTJREVENUE HUDGETED (CIRCLE ONE) YES NO FUNDING SWFiCE ACTWITY NUMBER flNANC1AL 7NFOAMATION: �EXPUIN) Council File # �,� � � � ` Green Sheet # d� RESOLUTION , , CI�1(�OF SAINT PAUL, MINNESOTA Presented By Referred To Committee: Date 1 2 VJIIEREAS, on October 15, 1996, in council file number 96-ll68, the Mayor of the 3 City of Saint Paul approved an interim zoning ordinance adopted by the council of the City of 4 Saint Paul on October 9, 1996, which placed a moratorium relating to height and setback 5 restrictions for cellulaz telephone antennas for a period of 120 days from the effective date of 6 the ordinance, and 7 8 WHEREAS, Section 3 of the interim ordinance provides for the eactension of the 9 maratorium beyond the 120 day period by resolution in the event such extension is required 10 to complete studies and adopt possible amendments to the zoning code; and 11 12 WHEREAS, it is appazent that the studies of the planning commission and 13 deliberations of the City Council to consider amendments to the zoning code will require 14 additional time; and 15 16 NOW, THEREFORE, BE IT RESOLVED, that the City Council extends the interim 17 ordinance (Council File No. 96-1165) continuing the moratorium relating to height and 18 setback restrictions for cellulaz telephone antennas for a period of 90 days from the effective 19 date of this resolution, ar until completion of studies by the planning commission and 20 deliberations of the City Council and the enactment on new zoning regulation, if deemed 21 appropriate, whichever occurs first. Requested by Department of: By: Form Approved by City Attorney Adopted by Council: Date �� .�, � Adoption Certified by Council Secretary g ���L-�Gyvt�—� 3�'/�' /7 Y� By: Approved by Mayor for Submission to Council Approved by Mayor: Date S/ZL''[� �— sy: �-��.. `�� ay: a�l - ��t l DEP �� o �� C�JCOf1NCIL DATE �q�� GREEN SHEET N° 33490 �� � � � � DEPARTMENT�IRE CRYCAUNCIL . INRIAVDATE � 011IIC �CIII �I IICC H3ifIS � (b8630 A��GN OCRYATTORNEY aG1TYCLERK MUST BE ON CAUNGL AGENDA BY (DATES NUYBER FOH O��� �RECTOFi � FIN. & MGT. SEf1V10ES �IR. ROUi1NG OflDER O MAYOA (pp ASSISTANn � TOTAL # OF SIGNATURE PAGES (CL1P ALl LOCATIONS FOR SIGNATURE) ACiION REQUESTED: A resolution eartending the interim ordinance (C.F. 96-1165) continuing the moratorium relating to height and setback restrictions for cellular telephone antennas for 90 days from ihe effective date of this iesolution. RECqMMENOAnONS: nppcwe (A) or Peject (R) PERSONAL SERVICE COMHACTS MUST ANSW ER TNE FOILOWING QUESTIONS: _ PIANNINCa COMMISSION _ CIVIL SE(iVIGE CAMMISSION 1. Has this personfirm ever worked undsr a co(rcrect for this departmeM? � _ CiB COMMmEE _ YES NO _ STa�F 2. Has this person/firm ever been a city employee? — VES NO _ DISTFiICT COURT _ 3. Does Nis person/Firtn sess a skill not normal pos ry possessetl by any current city employee? SUPPORTS WHICH COUNCIL O&IECTIVE7 YES NO Explain all yes answen on separate sheet and attech to green sheet INITIATING PROBLEM,ISSUE, OPPOATUNITY (Who, What, When, Where, WYry): ADVANTAGES IFAPPROVED. DISADVAN7AGE5 IF APPflOVED: 01SMVANTAGES IF N07 APPROVED: TOTAL AMOUNT OFTRANSACTION $ COST/FiEVENUE BUDGETED (CIRCLE ONE) YES NO FUNDI(dG SOURCE ACTIVITY NUMBER FINANCIALINFORMATION:(E%PLAIN) �l'l - �-�l1 Interdepartmentai Memorandum CITY OF SAINT PAITI. ���� RECEIVED MAR 1 9 1997 MIC� ��LL H� ���S DATE: TO: FROM: March 19, 1997 Council Member Harris Peter Warner, CAO RE: Cellular Telephone Moratorium C.F. 96-1168 Council Member Harris, As you will recall, the Council, in C.F. 96-1168, created an interim ordinance directing the Department of Planning and Economic Development (PED) to undertake a study of the City's present zoning regulation of cellular telephone antennas. During the pendency of the study, C. F. 96-1168 imposed a moratorium on erecting cellular telephone antennas in certain zoning districts. The moratorium is set to expire on March 25, 1997. As part of the directive to PED to prepare a report and any reaommendations to change the City's Comprehensive Plan and Zoning Code regulating cellular telephone antennas, the Saint Paul Planning Commission held public hearings to take testimony on zoning regulation of cellular telephone antennas. At a public hearing on February 27, 1997, the Zoning Committee of tYxe Planning Commission, moved to layover making a decision on recommending changes to the Zoning Code as it pertains to regulating cellular telephone antennas height and setback regulations. The layover was due in part to information obtained from the general public as well as from the cellular telephone industry. The Zoning Committee felt that more time was needed to assimilate all of the information and comments received in order to make a more in£ormed recommendation to the Council. As a result of this layover, the Council, if it desires to maintain �1`l-�9�. the moratorium, must extend the moratorium for an additional period of time beyond the March 25, 1997, expiration date. Accordingly, I have prepared the attached resolution for you to submit to Council today under suspension of the rules. The purpose of the resolution is to continue the moratorium for an additional ninety (90) days. The ninety day continuance was recommended by PED-Zoning staff_ Zoning staff feels that ninety days should be more than adequate to complete the study and to have the Planning Commission present its recommendations to the Council. If the resolution is not passed, the moratorium will expire. Cellular telephone providers will then be able to erect cellular telephone antennas under the present provisions of the zoning code. If you have any questions please do not hesitate to contact me. My direct dial number is 6-8724. Thank you. PWW. cc: Peg Birk, CAO SI+.CJS \ ��w�"2.� — � f l8''��0 RESOLUfION OF SAINT PAttL, M(NNESOTA r��t�a Referred To �t �t - a.� ` Council File # '"i�bc! K� Green Sheet # 3� 3 P O .3�'1'L Committee Date Resolution establishing a moratorium on certaiu locations of cellular telephone antennas 3 WHEREAS, the Saint Paul Legislative Code cunen8y permits ceilulaz telephone anteanas to be placed on poles 4 seventy-five (75) feet high in residenfially wned dishicts and in commercially zoned districts adjacent to single 5 family homes; and 6 WHEREAS, substantial questians have been raised as to whether the impacts of these exceedingly tall cellular 7 towers were fully understood when the current zoning amendments were adopted, and 8 WI�REAS, a study is needed to determine whether or not the City's present comprehensive plan and zoning code 9 properly designate whether cellulaz telephone antennas aze an appropriate use for residentially zoned property and 10 those properties adjacent to residentiaily zoned properry; and i l WHEREAS, the Council of the City of Saint Paul desires to temporarily limit the establishment of cellular telephone 12 antennas within the City of Saint Paul until such time as a study of possible amendments to the City's 13 comprehensive pIan and zoning code relating to cellulu radio antennas has been completed and the Council of the 14 City of Saint Pau1 has taken acrion on the recommendations contained in the study; now, therefore, be it 15 RESOLVED, that under sepazate ordinance, the Council of the City of Saint Paul will direct the Director of the 16 Department of Planning and Economic Development to nnmediately undertake a study of the City's comprehensive 17 plan relating to cellular telephone antennas and submit its report and recommendations to the Councii; and, be it 18 FURIT�R RESOLVED, that pending the adoption of an interim ordinance limiting the establishment of cellulaz 19 telephone antennas in certain narrowly defined azeas, no pernuts shall be issued or granted for the construction of 20 cellulaz telephone antennas exceeding ffie lnnits estabiished by the interun ordinance from this date and until the 21 expiration of twelve months as allowed by Minn. Stat. § 462.355, subd.(4), or until such earlier time as the Council 22 of the City of Saint Paul has taken action on the recommendations contained in the study; and be it ��- ��r S uba�; - � � � � , ct � ��'>^�kt�6-� 1 FINALLY RESOLVED, that the resri�ictions to be contained in this resolution and in the said interim ordinance may 2 be extended by acrion of the City Council for additional periods of time not to exceed an additional eighteen (18) 3 months in the event that such study and recommendations and the deliberarion of the City Council requires 4 extensions of time. Requested by Deparnnent o£ � Form Approv Ciry Attorney B L� �/��.� �-l7 -� U Adoption Certified by Council Secretary Approved by Mayor for Submission to Council n $y� .�a A -� _ �%'�� � � Approved by Mayor. Date ^ J�� �' �' i gy: �� � � .uG.�%� Adopted by Council: Date _Q '� ,q� —T R '� - �- R ..�L.�.\ 4,L S. �C��I� CO11IlC]l� 9/11l96 �REEN SHEE N_ � 3 6 3 8 0� AGT PERSpN d PMONE O OEPAliTMENT OIRE rt' �� A � O GRY CAUNqI �mwro�TE Councilmember Mike Harris (68630) �N � cmr �nonNer � cm c�aK MUST BE ON COUNCLL AGENDA BY iDATE NUYBEP FOR ) qp�� � BUDGET DIRECTOR � flN.6 MGT. SERVICES D10. OROER Q �YOR (OF ASSISTAN� � TOTAL # OF SIGNATURE PAGES (CLIP AlL LOCATIONS FOR SIGNATUAE) ACfiON REQUESTED: Resoluaon prolu'bi6ng the consuuc6on of cellu]ar celephone antrFm?s m cer[ain narrowly defined districts and directing tFizt no pemrits sHall be issued or approved by the City for the construction of any such antennas. RECON�eEr+Da7roNS: nppmva (A) a Fleject (R) pEPSOHAL SEAYICE CONTRACTS YU57 ANSWEFi THE F6LLOWING �UESTIONS: �. PUNNMCi COA/MISSION _ CML SE/iVICE COM1.45SiON 7. Has Mis perso�rm ev0r wotketl Under a coMrae[ fw ihis tlepat4nent? . - _ CiB CAMMITTEE __ YES "NO __ �� 2. Has Mis perwn/firm ever been a eity employee? — YES NO — ����� u � — 3. DoesMis rwMirm pa possess a skilt �rot norma6y possessatl by arcy curteM ciy emplqea? SUPpORiSWHIG4CAUµCy,pgJECTY£7 YES NO Expialn eil yes answsrs on sepsnte shset an0 attach to gresn sheet MRIATINC PqOBLEM, ISSUE. OPPoflTUNITY(W1a, Wne4 W�an. Whxe. NM1+Y): Cellulaz telephone technology has advanced to the point where there will 6e a dramatic increase in the number of cellulaz teleghone towers erected in the City of Saint Paul. Current zoning may not adequately address height remictions for these towers. ADVANTAGES IFAPPqOVE�: I.ocation and heights of cellulaz telephone antennas wili be well planned in have pubiic scrutiny and acceptance of zoning standards.. DISADVANTAGES IFAPPRpVED; Cellulaz telephone indushy will be restricted from erecting 75 foot freestanding antenaas in or near residenual wnes. OISAOVANTAGE$ If NpTAPPROVEO: The City wuid see a proliferation of cellulaz telephone antennas that couid be as tall as 75 feet anywhere in the city. TOTAL AMOUNT OP TpANSACT{Oti 5 COSTJREVENUE HUDGETED (CIRCLE ONE) YES NO FUNDING SWFiCE ACTWITY NUMBER flNANC1AL 7NFOAMATION: �EXPUIN)