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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 wily„ itywo JNENOlRESOL\W" ItaAm PLYMOUTH CITY COUNCEL Policy Statement Regarding the Use of City Owned Land for Wireless Telecommunication Antennas and Towers Approwd,19% 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. Melnt\pubwka\centeq\nlsc\antennu 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. Maint\pubwks\centeq\misc\antennss 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. Maint\pubwks\centeq\misc\antenm 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. M&;nint\pubwkskenteq\miscluttennas