City of Milwaukee - File #: 990835

• File #: 990835
• Version: 1
• Type: Ordinance
• Status: Dead
• File created: 9/9/1999
• In control: ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE
• Final action: 2/8/2000
• Title: A substitute ordinance relating to zoning regulations for existing transmission towers used to transmit or receive television signals.
• Sponsors: ALD. PRATT, ALD. KALWITZ, Fredrick Gordon, ALD. HINES JR., ALD. NARDELLI, ALD. SCHERBERT, ALD. BREIER, James N. Witkowiak, ALD. FRANK
• Indexes: CABLE TELEVISION, COMMUNICATIONS SYSTEMS, PLANNING, VETOES, ZONING

Date	Ver.	Action By	Action	Result	Tally
2/8/2000	1	COMMON COUNCIL	VETO SUSTAINED; Minutes note: The City Clerk read the Mayor's veto message. The Chair presented the question: "Shall the foregoing measure be adopted notwithstanding the objection of the mayor? If you wish to overide the veto you vote 'Aye'; if you wish to sustain the veto you vote 'No'." Ayes: 8 - Ald. Pratt, Henningsen, Gordon, Butler, Scherbert, Witkowiak, Breier and Nardelli Noes: 7 - Ald. D'Amato, Johnson-Odom, Richards, Pawlinski, Murphy, Hines, and Kalwitz Excused: 2 - Ald. Schramm and Frank The foregoing resolution thereupon failed of adoption (sustaining the Mayor's veto) by a 8 - 7 vote. (2/3 vote/12 votes required to overide).	Pass	8:7
1/27/2000	1	MAYOR	VETOED; Minutes note: January 27, 2000 Common Council of the City of Milwaukee City Hall 200 E. Wells Street Milwaukee, Wisconsin 53202 Dear Common Council Members: I am vetoing file number 990835, a substitiute ordinance relating to zoning regulations for existing transmission towers used to transmit or receive television signals. On March 21, 1997 the Common Council adopted a "Transmission Tower Policy Statement" as part of the comprehensive plan of the City of Milwaukee, and subsesquently on July 25, 1997 adopted an ordinance to implement this "Transmission Tower Policy Statement." The intent of the tower ordinance is to stop the proliferation of transmission towers and to promote the consolidation of tower users in the City of Milwaukee. I cannot support the current resolution because it is inconsistent with the ordinance and our policy. The original legislation is logical, fair, and most importantly, it is in the best interests of the citizens of Milwaukee. We should not wilt in the face of the first challenge to our tower ordinance. The Federal Communications Commission mandate that all full service television broadcasters provide digital telvision services by May 1, 2002 should be the impetus for tower consolidation, not a justification for continued proliferation or extensions of towers. In a number of American cities including Salt Lake City, Denver, Chicago, and New York, the mandate fueled cooperation because current technology allows joint transmission. There is no reason Milwaukee should endure anything less. Members of the Council, I urge you to sustain this veto. Sincerely, JOHN O. NORQUIST Mayor
1/18/2000	1	COMMON COUNCIL	ADOPTED; Minutes note: ALD. HENNINGSEN moved to adopt File Number 990835, notwithstanding the Zoning, Neighborhoods and Development recommendations. The motion prevailed by the following vote: Ayes: 10 - Ald. Pratt, Henningsen, Gordon, Frank, Butler, Scherbert, Witkowiak, Breier, Nardelli and President Kalwitz. Noes: 7 - Ald. D'Amato, Schramm, Johnson-Odom, Richards, Pawlinski, Murphy and Hines.	Pass	10:7
1/11/2000	1	ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE	RECOMMENDED FOR PLACING ON FILE	Pass	4:0
12/17/1999	1	ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE	RETURNED TO COMMITTEE - SIGNATURES; Minutes note: Ald. Richards, Marlene-Johnson and D'Amato.
12/14/1999	1	ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE	REFERRED WITHOUT RECOMMENDATION AND ASSIGNED TO	Fail	2:2
12/14/1999	1	ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE	RECOMMENDED FOR ADOPTION	Fail	2:2
12/14/1999	1	ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE	HELD TO CALL OF THE CHAIR	Fail	2:2
12/14/1999	1	ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE	RECOMMENDED FOR PLACING ON FILE; Minutes note: Speakers: Mr. Rick Henry (Channel 12) Attorney John Daniels-Rep. Channel 12 Attorney Matt Flynn-Legal Rep. Channel 12 Mr. Joseph Henderson-Neighborhood Ald. Pratt -supports David Felland Juan Carlos-opposed	Pass	4:0
12/6/1999	1	ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE	HEARING NOTICES SENT
12/3/1999	1	ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE	HEARING NOTICES SENT
11/16/1999	1	CITY CLERK	PUBLISHED; Minutes note: This file is being published 11/19/99 & 11/26/99 for a CPC Mtg. on 12/6/99.
9/29/1999	1	ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE	REFERRED TO
9/29/1999	1	CITY CLERK	DRAFT SUBMITTED
9/16/1999	0	ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE	REFERRED TO
9/16/1999	0	ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE	REFERRED TO
9/9/1999	0	COMMON COUNCIL	ASSIGNED TO

NUMB:
990835
VERS:
SUBSTITUTE 1
REF:
970241
XXBY:
ALD. PRATT, KALWITZ, GORDON, HINES,NARDELLI, SCHERBERT, BREIER, WITKOWIAK AND FRANK
TITL:
A substitute ordinance relating to zoning regulations for existing transmission towers used to transmit or receive television signals.
SECS:
295-14-17-e rn
295-14-17-e cr
295-14-17-f rn
ANLS:
- Analysis -

This ordinance provides that, notwithstanding any other provisions of the zoning code, the height of an existing transmission tower used to transmit or receive television signals may be increased without board of zoning appeals approval if the amount of the increase does not exceed 15% of the tower's height or 150 feet, whichever is less. Only one such increase may be permitted without board approval. The ordinance further provides that under no circumstances may the height of a tower so modified exceed 1,275 feet.


BODY:
Whereas, On March 21, 1997, the Common Council adopted File Number 961537, a resolution approving a "Transmission Tower Policy Statement" as part of the comprehensive plan of the City of Milwaukee; and

Whereas, On July 25, 1997, the Common Council passed File Number 970241, an ordinance which made various zoning code amendments intended to implement the adopted "Transmission Tower Policy Statement"; and

Whereas, In adopting these 2 files, the Common Council did not intend to prevent relatively modest alterations to existing television transmission towers that are necessary to accommodate changing television communications technology, particularly when such technology is needed to provide the best possible service to the citizens of Milwaukee; and

Whereas, At recent meetings of the Board of Zoning Appeals, the Board's application and interpretation of the transmission tower policy with respect to height modification of existing towers have indicated that clarification of the Common Council's policy and intent in this area is necessary; now, therefore

The Mayor ...