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HomeMy WebLinkAbout_2005 03 07 City Commission Workshop Minutes CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION WORKSHOP MARCH 7, 2005 CALL TO ORDER The Workshop of Monday, March 7, 2005 of the City Commission was called to order by Mayor John F. Bush at 6:31 p.m. in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). The Pledge of Allegiance followed a Moment of Silence. ROLL CALL: Mayor John F. Bush, present Deputy Mayor Michael S. Blake, present Commissioner Robert S. Miller, absent Commissioner Donald A. Gilmore, present Commissioner Sally McGinnis, present Commissioner Joanne M. Krebs, present City Manager Ronald W. McLemore, arrived at 6:32 p.m. City Attorney Anthony A. Garganese, present INFORMATIONAL AGENDA INFORMATIONAL 300. Community Development Department Overview Of "Cell Towers". City Manager Ronald W McLemore arrived at 6: 32 p.m. Manager McLemore introduced this Agenda Item and Ms. Eloise Sahlstrom. Ms. Eloise Sahlstrom, AICP, ASLA, Senior Planner, Community Development Department gave an opening Presentation and while showing different Cell Tower sites, Ms. Sahlstrom stated, "In a case where someone does want to put in a stealth Tower or a Tower that also works in replacement of a power pole, how does that work according to our current Code or does our Code need to be revised?" Discussion ensued on Non-Conforming Use. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION WORKSHOP - MARCH 7,2005 PAGE 2 OF 5 Commissioner Donald A. Gilmore stated, "I want to hear why we have to have so many Towers, in such an area - so there is a technical aspect. 1 would like to hear the technical aspect of this." With brief discussion on Technical Consultants, Manager McLemore said, "We do not have those experts on our Staff, but we can get those experts that represent us, so that we have a real dialogue with the experts representing the various Vendors. " Mr. Brian G. Alter, RF Engineer IIL Nextel Communications, Inc., 851 Trafalgar Court, Suite 300E, Maitland, Florida: representing Nextel, Mr. Alter addressed the City Commission. With discussion, Commissioner Gilmore said, "What about sharing Towers?" Mr. Alter stated, "Absolutely. We go into our site locations, hoping to go with - other carriers; because it has been proven the fact in the past that it's easier." With discussion on cell Towers related to Lake Mary, Commissioner Gilmore said, "I would suggest that the first place to start is that we co-locate on all these Towers as much as humanly possible." Discussion. Ms. Laura B. Bellflower, P.A., Post Office Box 47451, Tampa, Florida: representing Verizon Wireless, Ms. Bellflower spoke on co-locating. Discussion ensued on a map that Mr. Alter showed the City Commission. Mr. Alter stated, "Nextel, at this time, is waiting for a site in here so we can lower a 250 foot self-supporting Tower which has been part of the skyline." Further discussion. Tape 1/Side B Much discussion. Mr. Tom Pawlicki, Lease Consultant, 224 Birdiewood Court, Debary, Florida: addressed the City Commission on behalf of Wireless Capital Partners. Several types of stealth Towers were discussed next. Mr. Glen M. Bailey, SBA Network Services, Inc., 5900 Broken Sound Parkway, NW, Boca Raton, Florida: showed a flush Tower from Miami, Florida. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION WORKSHOP - MARCH 7, 2005 PAGE30F5 Manager McLemore suggested that "The proposition that I have placed here on the table with the antennae that is in question that is in the County at Barrington Estates is - who is it that wants to second mount there? If Sprint would go to the flush mount and talk Nextel into revising theirs to a flush mount, then we may have a deal that would work here; at least that's certainly something that is an attractive alternative." Ms. Mary D. Solik, Foley & Lardner LLP, 111 North Orange Avenue, Suite 1800, Orlando, Florida: stated, "I am here on behalf of Spectra Site who is the - owner of the Tower - next to Barrington Estates. I cannot speak for Sprint in whether they would agree to a flush mount antennae tonight, but I will tell you that Nextel is a tenant on the Spectra Site Tower and we have a binding Lease Agreement with Nextel." Manager McLemore added, "My understanding was, could the two (2) companies get together and come out with something that maybe this Commission could support?" Ms. Solik stated, "I hear what you're saying, and we'll pursue it." Discussion. Ms. Kathy Winkler, Manager, Network Real Estate, Verizon Wireless, 100 Tampa Oaks Boulevard, Suite 450, Tampa, Florida: addressed the City Commission on behalf of Verizon Wireless and spoke on mini-cells. Discussion ensued on the reasons this Workshop was scheduled. City Attorney Anthony A. Garganese spoke on Special Exceptions, County regulations and height extensions. Deputy Mayor Michael S. Blake said to Attorney Garganese, "Is that a Vested Right that the Applicant would have in perpetuity?" Deputy Mayor Blake added, "I would be real interested to know because that is not typically the way Special Exceptions or rights are granted." Attorney Garganese stated, "Okay." Tape 2/Side A Further discussion ensued on Special Exceptions, County Ordinances, height extensions, and ground equipment. Attorney Garganese noted, "The County's Zoning Codes apply, the County's subdivision regulations apply, the County's Comprehensive Plan designation applies - that doesn't mean that other City Codes may now apply - in certain situations." Deputy Mayor Blake remarked, "I would like to hear more about that." Attorney Garganese added, "That's one issue that I think we need to take a look at." With discussion, Deputy Mayor Blake commented that "If it were just our City Codes, I think we would all be comfortable in how we would review that Application, comment on it, and either pass it, approve it, or don't. Under the County's Codes, I could tell you that I am not clear on what the standards are by which we would evaluate such a request; in addition to all the other Federal and State issues that you have mentioned." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION WORKSHOP - MARCH 7, 2005 PAGE 4 OF 5 Ms. Solik stated, "I have had some discussions, very late today with Attorney Garganese and I would like to continue those discussions." Ms. Solik added, "I'd like the opportunity to try to work that out with Mr. - I think these are - legal issues that I'd like to work out with him." Discussion. Commissioner Gilmore stated, "I would like to see personally the industry come back - looking at this down the road, coming back and telling us why they can't go onto the high tension Towers that are running through the City." Commissioner Gilmore added, "I think they need to go back and come back and - recognize our concerns and really they need to investigate that other than just saying - the Utility doesn't like that and walk off from it." Commissioner Sally McGinnis remarked, "I would also encourage Anthony [Garganese] and - the two (2) Attorneys [Ms. Solik] to continue their dialogue." Further, Commissioner McGinnis noted, "I would like more information on the equipment building - what details." Commissioner Joanne M. Krebs commented that "What I want to know is - keep informed on is any kind of new technology that comes up or ways that enable a company to broadcast their distance without increasing sizes or, I do want to hear about the stealth - the monopoles as well as the ones that are architectural. I was looking on line while we were talking about the different stealths and there is also a stealth that goes on top of buildings - actually are part of the architecture of buildings and I think that is something we should look into also." Commissioner Krebs added, "I would like to be given information. " Mayor Bush noted, "I think the Commission is looking for alternatives - other than just a Tower." Manager McLemore said, "I think in terms of alternatives, we've given you all that we know that's out there, that we can find out about." Furthermore, Manager McLemore remarked, "In this case, we are going to be required to bring this Application back to you right away, on this pole in what was the County." Manager McLemore then said to the City Commission, "This is going to require you to deal with that issue and that's going to require you to deal with it soon. So, whatever work needs to go on between these two (2) Attorneys that's fine. As I understand it at this point in time, we do have regulatory authority over - the site itself." With discussion ensued on related legislation, Deputy Mayor Blake stated, "If folks want more information they can look at House Bill 305 or Senate Bill 620. They can review what the analysts said at the [Florida] League of Cities - what their position is." CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION WORKSHOP - MARCH 7, 2005 PAGE 5 OF 5 Manager McLemore distributed a document entitled "Regulating Towers & Wireless Facilities" . Tape 2/Side B With further discussion, Ms. Bellflower stated, "Your Ordinance for example does not even address placing antennae's on existing structures, or using the power poles. Even if Florida Power & Light would allow us on the ones that they have and certainly Progress Energy's poles, we're not allowed under the Ordinance to even propose putting it on an existing pole, much less replacing the pole, which in most cases, you would have to do. So, we would ask that as you move forward, that you do give some consideration, if you want to have design standards and the stealth requirements and etceteras, we'll be glad to work with you in doing those." Commissioner Gilmore noted, "I would like to see - when the industry comes back and says we want to put a Tower in this spot here, I would certainly like to see - altogether say we as a group need these facilities in this location and this location and this, and do as much consolidation as a group rather than stringing this thing out." Commissioner Gilmore added, "You need to do your homework, and instead of five (5) Towers, tell us how you can get by with one." ADJOURNMENT Mayor Bush adjourned the Workshop at approximately 8:04 p.m. R.!!~fEcrFULLY SUBMITTED: \ ' i \ ' \ \ \,1,\ ,"_'___ ,_ ! ,;l ~:_---..--.-- '-A1'-l1JiA LORENZO-LUACES, CMC CITY" CLERK / /"