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File #: 990835    Version:
Type: Ordinance Status: Dead
File created: 9/9/1999 In control: ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE
On agenda: Final action: 2/8/2000
Effective date:    
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 ByActionResultTallyAction DetailsMeeting DetailsVideo
2/8/20001 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).
Pass8:7 Action details Meeting details Not available
1/27/20001 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
   Action details Meeting details Not available
1/18/20001 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.
Pass10:7 Action details Meeting details Not available
1/11/20001 ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE RECOMMENDED FOR PLACING ON FILEPass4:0 Action details Meeting details Not available
12/17/19991 ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE RETURNED TO COMMITTEE - SIGNATURES

Minutes note: Ald. Richards, Marlene-Johnson and D'Amato.
   Action details Meeting details Not available
12/14/19991 ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE REFERRED WITHOUT RECOMMENDATION AND ASSIGNED TOFail2:2 Action details Meeting details Not available
12/14/19991 ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE RECOMMENDED FOR ADOPTIONFail2:2 Action details Meeting details Not available
12/14/19991 ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE HELD TO CALL OF THE CHAIRFail2:2 Action details Meeting details Not available
12/14/19991 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
Pass4:0 Action details Meeting details Not available
12/6/19991 ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE HEARING NOTICES SENT   Action details Meeting details Not available
12/3/19991 ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE HEARING NOTICES SENT   Action details Meeting details Not available
11/16/19991 CITY CLERK PUBLISHED

Minutes note: This file is being published 11/19/99 & 11/26/99 for a CPC Mtg. on 12/6/99.
   Action details Meeting details Not available
9/29/19991 ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE REFERRED TO   Action details Meeting details Not available
9/29/19991 CITY CLERK DRAFT SUBMITTED   Action details Meeting details Not available
9/16/19990 ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE REFERRED TO   Action details Meeting details Not available
9/16/19990 ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE REFERRED TO   Action details Meeting details Not available
9/9/19990 COMMON COUNCIL ASSIGNED TO   Action details Meeting details Not available
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 and Common Council of the City of Milwaukee do ordain as follows:
 
Part 1. Section 295-14-17-e and f of the code is renumbered 295-14-17-f and g.
 
Part 2. Section 295-14-17-e of the code is created to read:
 
295-14. Special Conditions.
 
17. TRANSMISSION TOWERS.
 
e. Height Modifications to Existing Television Towers. Notwithstanding any other provisions of this code, the height of any existing transmission tower used for the transmission or reception of television signals as of [city clerk to insert effective date of this ordinance] may be increased without board approval if the amount of the increase does not exceed 15% of the existing tower's height, as measured in accordance with par. a, or 150 feet, whichever is less, provided that under no circumstances shall the height of the tower after modification exceed 1,275 feet. Only one such increase may be permitted to occur without board approval. The zoning status of any tower so modified shall remain the same as it was prior to modification.
LRB:
APPROVED AS TO FORM
 
 
____________________________
Legislative Reference Bureau
Date:  _____________________
CATT:
IT IS OUR OPINION THAT THE ORDINANCE
IS LEGAL AND ENFORCEABLE
 
 
____________________________
Office of the City Attorney
Date:  _____________________
ZDPT:
 
DFTR:
99318-1
JDO
9/27/99