Agenda - Planning Commission - 02/04/1997

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Mr. Thomas Alexander, Attorney with Larkin, Hoffman, Daly & Lindgren, Ltd., stated that his firm represents the American Portable Telecom (APT) company on tower site issues. A letter has been written to the City regarding APT license rights to construct a wireless communications franchise in the Twin Cities (copy of letter attached to these minutes). The letter details substantive changes to be considered before an ordinance is adopted. Special requirements for locations on residential and City-owned properties are outlined in the letter, and he would like to see them incorporated into the ordinance. Assuming antennas and antenna towers are authorized uses, he would request that the ordnance dearly state what needs to be done in order for APT to proceed. At this time it is not clear whether PCS towers are a conditional use or a permitted use. Another big issue is the number of times the ordinance refers to radio frequency interference. The frequency for wireless communications is part of the FCC licensing regulations. Authorization is granted for a specific fi~equency. If any interference occurs, APT would be required to fix the problem. APT would prefer not to have to go through a number of steps and produce studies to show that interference will not happen. The system is designed so that interference will not occur. Chairperson Bawden stated that his concern is if the antenna tower interferes with a leaky Cable TV that the wireless communication company cannot resolve because it is the problem of the other party. Mr. Alexander responded that after the problem arises, APT will be able to locate the problem and fix it if it is part of their equipment. Wireless communications are under federal control, and there is some question about City authority to regulate them by requiring interference study reports in advance of operation. Commissioner Holland noted that the City would have to review the recommendations in the letter before any action could be taken. Commissioner Jensen asked if effects fi-om radiation or magnetic fields are addressed. Mr. Alexander responded that the Telecommunication Act of 1996 prevents local authorities from regulating personal communication systems based on environmental concerns and emissions. The federal government has determined that these systems are safe. Commissioner Jensen asked if there are periodic inspections to make sure the site is safe. Mr. Alexander stated that site safety issues can be regulated by zoning. APT has engineers on staff who visit the site monthly to make sure the equipment is working correctly. Some cities are requiring periodic inspections with a report submitted to the City. Commissioner Jensen asked if periodic inspections are in the proposed ordinance. Planning Intern Skoog answered that they are not included but can be added. Zoning Administrator Frolik noted that the moratorium exempted permits previously issued for towers. The APT tower can go forward as proposed and be constructed without being affected by the moratorium or this ordinance. Commissioner Deemer stated that the tower would then be non-conforming. Planning Commission/January 7, 1997 Page 6 of 9