HomeMy WebLinkAbout1996-215 CCR1
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its adoption:
Member Charles Nichols introduced the following resolution and moved
RESOLUTION NO. 96 -21.5.
RESOLUTION ESTABLISHING REGARDING THE USE OF CITY WATER TOWERS
FOR PERSONAL WIRELESS SERVICE FACILITIES
WHEREAS, the Telecommunications Act of 1996 preserves local zoning authority
regarding the siting of "personal wireless service" towers and other facilities but prohibits local
governments from being unreasonably restrictive in the exercise of that authority; and
WHEREAS, the City of Brooklyn Center desires to facilitate the siting of personal
wireless service facilities through the encouragement of co- location and other strategies which
provide reasonable opportunities for competition yet minimize any negative impact on the public
safety and welfare; and
WHEREAS, a number of service providers have contacted the City of Brooklyn
Center expressing a desire to utilize existing City -owned water towers as sites for personal
wireless service facilities; and
WHEREAS, the City Engineer has determined that these water towers would be
suitable locations provided certain engineering standards are met; and
WHEREAS, the Planning Commission has reviewed the use of water towers for
these types of facilities and recommends to the City Council that this use is allowable within the
city's current zoning ordinance provided certain aesthetic standards are met; and
WHEREAS, a Policy Regarding the Use of City Water Towers for Personal
Wireless Service Facilities and a model Site Lease Agreement have been prepared which
satisfactorily address engineering, planning, legal, and other relevant concerns.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center, Minnesota that:
1. The Policy Regarding the Use of City Water Towers for Personal Wireless
Service Facilities is hereby approved.
2. The City Attorney and City Manager are hereby authorized and directed to
enter into negotiations for lease agreements in accordance with the City's
model Site Lease Agreement. Said agreements shall be effective only upon
ratification by the City Council.
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Resolution No. 96 -215
3. There are hereby established the following fees:
Application fee: $2,000, plus $1,000 for sites in addition to the first,
provided application is made concurrently
Lease fee: $1,000 per month per site per provider, minimum
These fees may be amended by the City Council by resolution from time
to time.
October 28, 1996 L 727,441 VG• 1 --ebu 1 -o
Date Mayer
In I
ATTEST: 4
City Clerk
The motion for the adoption of the foregoing resolution was duly seconded by member
Kathleen Carmody and upon vote being taken thereon, the following voted in favor
thereof:
Myrna Kragness, Kathleen Carmody, Debra Hilstrom, Kristen Mann, and Charles Nichols;
and the following voted against the same: none,
whereupon said resolution was declared duly passed and adopted.
RESOLUTION NO. 96-215
This Policy is established as a guide to city staff in the preparation and administration of site
lease agreements which would permit the location of antenna arrays and ancillary equipment
"facilities for personal wireless services on City -owned water towers.
Section I: Policy Objectives
City actions taken with regard to telecommunication activities must comply with a number of
federal parameters established by the Telecommunications Act of 199 For example, local
actions must foster rather than discourage competition, thus the city wi'l not discriminate against
one or a group of providers in favor of another or another group of pros iders or potential
providers. Under the same act, local actions which result in a prohibition on provision of
telecommunication services are invalid. Thus staff is directed to facilitate establishment and
provision of lawful wireless telecommunications services with the following local objectives in
mind.
minimize the overall number of sites through co- location requirements;
insure that facilities will be safe and blend into their environment when possible; and
that they be placed in suitable locations with residential locations being a last resort.
Section II: Policy regarding use of City -owned water towers for personal wireless service
facilities.
1. Introduction
City of Brooklyn Center
Policy Regarding the Use of City Water Towers
For Personal Wireless Service Facilities
The City of Brooklyn Center has received requests from personal wireless service providers to place
antenna arrays and ancillary equipment "facilities on City -owned water towers. The Brooklyn
Center City Council has determined that a uniform policy for reviewing 4hese requests is desirable.
Priority of Users
Priority for the use of City -owned water towers for telecommunication facilities will be given to the
following entities in descending order:
A. City of Brooklyn Center
B. Public safety agencies, including law enforcement, fire, and ambulance services,
which are not part of the City of Brooklyn Center and private entities with a
public safety agreement with the City of Brooklyn Center
C. Other governmental agencies, for uses which are not related to public safety; and
October. 1996 Page 1
RESOLUTION NO. 96-215
City of Brooklyn Center
Policy Regarding Wireless Telecommunication Facilities
D. Entities providing licensed commercial personal wireless services including but
not limited to cellular, personal communication services (PCS), specialized
mobilized radio (SMR), enhanced specialized mobilized radio (ESMR), paging,
and similar services that are marketed to the general public.
3. Minimum Requirements
The placement of personal wireless service facilities on City -owned water towers must comply with
the following requirements:
A. The facilities will not interfere with the purpose for which the water tower is
intended;
B. The facilities will have no adverse impact on surrounding private property;
C. The applicant is willing to obtain adequate liability insurance and commit to a
lease agreement which includes equitable compensation for the use of the water
tower, 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;
D. The applicant will submit a letter of credit, performance bond, cash deposit, or other
security acceptable to the City to cover the costs of the facility's removal;
E. The facilities will not interfere with other users who have a higher priority as
discussed in Section 2;
F. Upon reasonable notice, the facilities may be required to be removed at the user's
expense;
G. The applicant must reimburse the City for any costs which it incurs because of the
presence of the applicant's facilities;
H. The applicant must obtain any necessary land use approvals; and
I. The applicant will cooperate with the City's objective to promote co- locations and
thus limit the number of separate antenna sites requested.
4. Special Requirements
The use of City-owned water tower sites, for personal wireless service facilities brings with it special
concerns due to the unique nature of these sites. The City's water towers represent a considerable
public investment and play a vital role in the operation of the city's water distribution system. For
these reasons, the placement of personal wireless service facilities on water tower sites will be
allowed only when the City is fully satisfied that the following requirements are met:
A. The applicant's use of the facility will not pose a risk to the City's water supply;
B. There is sufficient room on the structure and/or on the grounds to accommodate the
applicant's facilities;
C. The presence of the facilities will not increase the maintenance costs to the City;
D. The presence of the facilities will not be harmful to the health of workers maintaining
the water towers; and
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RESOLUTION NO. 96-215
City of Brooklyn Center
E. The applicant's facilities will conform to the City's standards for appearance.
5. Application Process
All applicants who wish to locate personal wireless service facilities on City -owned water towers
must submit to the City Manager a completed application, the application fee, and detailed plan
that complies with this policy along with other pertinent information requested by the City.
6. Termination
Policy Regarding Wireless Telecommunication Facilities
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 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, the lease agreement, or any
other conditions attached to the City's permission.
Before taking action, the City will provide notice to the user of the in1 ended 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 reasonable cause, the use
of any or all City owned property by any one or all applicants.
8. Effective Date
This policy shall be effective from and after its adoption by the City Council.
Adopted by Resolution No. 96-
Center City Council.
at the meeting of the Brooklyn
October, 1996 Page 3