HomeMy WebLinkAboutCity Council Resolution 1996-544•
CITY OF PLYMOUTH
RESOLUTION NO. % - 544
ADOPTING POLICY STATEMENT REGARDING THE USE OF
CITY OWNED LAND FOR WIRELESS TELECOMMUNCIATIONS,
ANTENNAS, AND TOWERS
WHEREAS, as a result of Federal deregulation of the telecommunication industry and
advancements in this field; and
WHEREAS, in order to reduce the necessity for free standing telecommunications towers;
and
WHEREAS, a policy has been prepared by staff recommending the adopting of a policy;
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE
CITY OF PLYMOUTH, MINNESOTA: That the attached policy statement regarding the
use of City owned land for wireless telecommunications, antennas, and towers is hereby
adopted.
Adopted by the City Council on October 2, 1996.
STATE OF MINNESOTA)
COUNTY OF HENNEPIN) SS.
The undersigned, being the duly qualified and appointed City Clerk of the City of
Plymouth, Minnesota, certifies that I compared le foregoing resolution adopted at a
meeting of the Plymouth City Council on , with the original
thereof on file in my office, and the same is a correct transcription thereof.
WITNESS my hand officially as such City Clerk and the Corporate seal of the City this
day of
City Cltxk
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PLYMOUTH CITY COUNCEL
Policy Statement Regarding the Use of City Owned Land for
Wireless Telecommunication Antennas and Towers
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1. Introduction
The City of Plymouth has received requests from wireless telecommunication
providers to place wireless telecommunication antennas and towers on City owned
property. The Plymouth City Council has determined that a uniform policy for
reviewing and or approving these requests is desirable.
2. Priority of Users
Priority for the use of City owned land for wireless telecommunication antennas and
towers will be given to the following entities in descending order.
A. City of Plymouth
B. Public safety agencies, including law enforcement, fire, and ambulance services,
which are not part of the City of Plymouth and private entities with a public safety
agreement with the City of Plymouth.
C. Other governmental agencies, for uses which are not related to public safety; and,
D. Entities pmoNiding licensed commercial wireless telecommunication services
including cellular, personal communication services (PCS), specialized mobilized
radio (SMR), enhanced specialized mobilized radio (ESNIR), paging and similar
services that are marketed to the general public.
3. Minimum Requirements
The placement of wireless telecommunication antennas or towers on City owned
propurty must comply with all zoning ordinances and the following requirements.
A. The antennas or tower will not interfere with the purpose for which the City
owned property is intended;
B. The applicant is willing to obtain adequate liability insurance and commit to a
lease agreement which includes equitable compensation for the use of public land
and other necessary provisions and safeguards. The fees shall be established by
the City Council after considering comparable rates in other cities, potential
expenses, risks to the City, and other appropriate factors;
C. The applicant will submit a letter of credit, performance bond, or other security
acceptable to the City to cover the costs of the antenna or tower's removal;
D. The antennas or •ower will not interfere with other users who have a higher
priority as discussed in Section 2. A certificate of Non Interference' maybe
required.
E. Upon reasonable notice, the antennas or tower may be required to be removed at
the user's expense.
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F. The applicant must reimburse the City for any costs which the City incurs because
of the presence of the applicant's antennas or tower and, the applicant must
reimburse the City for any cost that the City incurs for testing and analysis. An
example would be structural analysis of the City's buildings, towers or other
structures.
0. The user must obtain all necessary land use approvals.
H. Depending on the site location the City may require a building to house the
applicants equipment, concrete slab, a security fence, and plantings to screen the
equipment and to enhance the aesthetics of the area.
I. The applicant may be required to supply a computer image of proposed location
with equipment mounted or installed and will usually be required to camouflage
some or all equipment to match existing city property.
J. Multiple users of a city site will coordinate their efforts to minimize space needs.
Subsequent applicants may be required to modify items covered in 3H.
K. The applicant will be responsible for the security of it's own equipment.
4. Special Requirements
The use of certain City owned property, such as water tower sites and parks, for
wireless telecommunication antennas or towers brings with it special concerns due to
the unique nature of these sites. The placement of wireless telecommunication
antennas or towers on these special City owned sites will be allowed only when the
following additional requirements are met.
A. Water Tower or Reservoir Sites - The City's water towers and reservoirs
represent a large public investment in water pressure stabilization and peak
capacity reserves. Protection of the quality of the City's water supply is of prime
importance to the City. As access to the City's water storage systems increases,
so too increases the potential for contamination of the public water supply. For
these reasons, the placement of wireless telecommunication antennas or towers on
watertower or reservoir sites will be allowed only when the City is fully satisfied
that the following requirements are met.
1. The applicant's access to the facility will not increase the risks of
contamination to the City's water supply;
2. There is sufficient room on the structure and/or on the grounds to
accommodate the applicant's facility;
3. The presence of the facility will not increase the water tower or reservoir
maintenance cost to the City; and
4. The presence of the facility will not be harmful to the health of workers
maintaining the water tower or reservoir.
5. Applicants will assume responsibility to temporarily relocate their equipment
if necessary when water towers or reservoirs need maintenance work done. An
example would be painting.
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6. The city owned structure must be fully capable of supporting the applicants
equipment. A certificate of structural soundness will be required from a
structural engineer.
B. Parti -The presence of certain wireless telecommunication antennas or towers
represents a potential conflict with the purpose of some City owned parks. In no
can shall towers be allowed in designated conservation areas. Wireless
telecommunication antennas or towers will be considered only in the following
parks after the recommendation of the Parks and Recreation Commission and
approval of the City Council.
1. Public parks of a sufficient scale and character that are adjacent to an existing
commercial or industrial use;
2. • Commercial recreation area and major playfields, and;
3. Park maintenance facilities.
5. Application Process
All applicants who wish to locate a wireless telecommunication antenna or tower on
City owned property must submit to the Director of Public Works a completed
application and detailed plan. Also, an application must be submitted to the
Community Development Department that complies with the submittal requirements
of the Zoning Ordinance along with other pertinent information requested by the City.
6. Termination
The City Council may terminate any lease if it determines that any one of the
following conditions exist:
A. A potential user with a higher priority cannot find another adequate location and
the potential use would be incompatible with the existing use;
B. A user's frequency broadcast unreasonably interferes with other users of a higher
priority, regardless of whether or not this interference was adequately predicted in
the technical analysis; or,
C. A user violates any of the standards in this policy or the conditions attached to the
City's permission.
Before taking action, the City will provide notice to the user of the intended
termination and the reasons for it, and provide an opportunity for the user to address
the City Council regarding the proposed action. This procedure need not be followed
in emergency situations.
7. Reservation of Right
Notwithstanding the above, the City Council reserves the right to deny, for any
reason, the use of any or all City owned property by any one or all applicants.
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S. Use of Revenue
All revenue generated through the lean of City owned property for wireless
telecommunication towers and antennas shall be made payable to the City of
Plymouth and transmitted to the City's Department of Finance.
Revenue shall be credited as follows:
A. Owhalf to the Water Operation Fond and one-half to the General Fund when
located on water utility property.
B. All to the General Fund when the wireless telecommunication towers and
antennas are located on any other City property.
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