Agenda - Council - 02/22/2000 - Laserfiche WebLink

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I I I I I Ms. Bocian stated they would like to offer their assistance (fi.om their perspective) to help the City with any ordinance changes being considered. Councilmember Hendriksen stated that he would also like this to go back to the Planning Commission for further discussion and believed a brief moratorium may result. He stated that he does not want to give up his cell phone but also does not want to see a "forest" of towers. He suggested there may be some middle ground that could be found. Councilmember Hendriksen noted that in the northern part of the City, it is difficult to find any commercial location for a tower. Motion by Councilmember Anderson, seconded by Councilmember Connolly, to table the requ. est for a conditional use permit for a personal communication system tower at 17515 St. Francis Boulevard N.W. and refer it back to the Planning Commission for study of the ordinance language and allowing towers on residentially zoned property and to direct Community Development Director Frolik to notify the applicant in writing that the City is evoking a 90 day extension. Further discussion: Attorney Goodrich 'hoted there is a lot of park area which, perhaps, the Planning Commission should consider since the tower is a permitted use within park land. Motion carried. Voting Yes: Mayor Pro tem Zimmerman, Councilmembers Anderson, Connolly, and Hendriksen. Voting No: None. Absent: Mayor Gamec. Mayor Pro tern Zimmerman called for a recess at 9:17 p.m. The meeting was reconvened at 9:30 p.m. Case//8: Adopt Right-of-Way Ordinance City Engineer Jankowski reviewed the proposed ordinance which would regulate the use of right-of-way within the City. He advised the City's ordinance is modeled after an ordinance provided by the League of Minnesota Cities. He noted the questions raised by Council and staff responses as contained in their report. City Engineer Jankowski provided an explanation of the abandonment process, noting it may be difficult to prove abandonment since it could be difficult to document the use of the facility. He recommended that the charges be based on the space occupied, whether used or not used. Upon inquiry, City Attorney Goodrich explained that bankruptcy is handled by the U.S. Bankruptcy Court where property is turned over to them and then parceled out to creditors so the City would have few responsibilities ifa company were to file bankruptcy. Larry Peterson, Connexus Energy, stated that they would like the Council to consider a one month delay because they have some concerns and would like to request modest changes. He City Council/January 25, 2000 Page 20 of 34