Memo- Cellular Tower Policy for City-Owned PropertiesCITY OF HOPKINS
MEMORANDUM
DATE:, July 9, 1998
TO: Honorable Mayor and rfty Council
FROM: Kersten Elveru
SUBJECT: Cellular Tower Policy for City -owned Properties
Purpose of memo
The purpose of this memo is to introduce the draft policy statement regarding wireless
telecommunication antennas and towers on City -owned properties. The draft will serve
as the basis for discussion at the July 14, 1998, City Council work session.
Overview
The Council asked staff to prepare a policy regarding the use of City -owned property for
wireless telecommunication antennas and towers. The draft policy is based on the
League of Minnesota Cities model policy on wireless towers, modified from a City of
Bloomington policy. The purpose of the policy is to serve as a guide when reviewing
proposals and preparing leases.
Staff is asking for feedback on the draft policy in order to identify the issues that are key
to the Council so that the policy can be further refined.
Analysis of Issues
The Telecommunications Act of 1996 limits the restrictions that cities can place on
telecommunication providers. Under the Act, local actions must foster rather than
discourage competition and local actions which prohibit telecommunication services are
invalid. However, the Act does preserve local government authority to manage the use of
public rights -of -way and to enforce zoning requirements that protect public safety, public
and private property, and community aesthetics.
Additional considerations include the need to subject potential leases of City -owned
property to the same close scrutiny of site and structural plans that it expects of outside
applicants and to be aware that federal law makes the tower owner, not just the wireless
service provider, responsible for safety and compliance with FCC and FAA rules. The
term tower includes any structure to which an antenna is attached, including buildings.
The proposed policy will serve as a reference tool when reviewing proposals for leasing
City -owned property and establishes the following:
• Local objectives
• Priority of users
• Minimum requirements
• Special requirements
• Application process
• Provisions for the termination of leases
Towers or antennas on City - owned properties must be an allowable use under the City's
Zoning Ordinance and applicants must also follow submittal requirements outlined in the
Ordinance. The Ordinance addresses broader issues such as requirements for location,
construction, height, etc... As part of the review of the draft policy, the Council may
wish to review the Zoning Ordinance, as concerns about the location of towers and
antennas on City -owned property may be concerns applicable to all towers and therefore
more appropriately addressed through the City Ordinance.
The draft policy does not include a fee schedule. It is recommended that fees for leasing
City -owned space be negotiated at the time the lease is prepared due to a significant
variation in value based on factors such as location and competition.
Conclusion
The growth of cellular communication technology combined with the deregulation of the
industry will result in increased demand for cellular towers and antennas. The proposed
policy is intended to provide the City with a foundation for the consistent review of
applications. It is not intended to address every situation, and has no binding effect.
The discussion on this draft policy is intended to provide staff with additional
information so that a comprehensive policy can be brought to the Council for
consideration.
Attachments
The following items are attached for your review:
• Draft policy statement regarding wireless telecommunication antennas and
towers
• Excerpts from the City of Hopkins Zoning Ordinance relating to transmission
towers
HOPKINS CITY COUNCIL POLICY STATEMENT
REGARDING WIRELESS TELECOMMUNICATION ANTENNAS & TOWERS
The policy is established as a guide to City staff in preparing zoning and other regulatory
ordinances and in the preparation of site lease agreements which would permit the location of
antenna arrays and towers on City -owned or controlled real estate. To the extent that a specific
inconsistent zoning or other regulatory ordinance is enacted or a site lease adopted or approved
by the Council, the ordinance or lease shall control and this policy shall have no binding effect,
however, paragraph 2 of Article I, "Priority of Users," and any subsequent amendment thereto
shall control over subsequent inconsistent language in individual site leases.
Article I: Regulation Under City Police Power
City actions taken with regard to telecommunication activities must comply with a number of
federal parameters established by the Telecommunications Act of 1996. For example, local
actions must foster rather than discourage competition, thus the City will not discriminate against
one or a group of providers in favor of another or another group of providers 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:
Article II: Policy Regarding use of City -owned Land for Wireless Telecommunication
Antennas and Towers
1. Introduction
The City of Hopkins has received requests from wireless telecommunication providers to
place wireless telecommunication antennas and towers on City -owned
property. The City of Hopkins City Council has determined that a uniform policy for
reviewing these requests is desirable.
Minimize the overall number of towers through co- location requirements
Ensure that new towers will be safe and blend into their environment when possible
That they be placed in suitable locations with residential locations being a last resort
That zoning ordinances and other municipal police power regulations be defensible in light of
federal and state laws with special attention paid to the new federal requirements
That revenue from the site leases of City - controlled lands and structures be maximized
consistent with achievement of the four preceding goals
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:
JK/towers
A. City of Hopkins;
B. Public safety agencies, including law enforcement, fire, and ambulance services,
which are not part of the City of Hopkins and private entities with a public safety
agreement with the City of Hopkins;
Other governmental agencies, for uses which are not related to public safety; and
Entities providing licensed commercial wireless telecommunication services
including 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.
D.
3. Minimum Requirements
The placement of wireless telecommunication antennas or towers on City -owned
property must comply with the following requirements:
A. The antennas or tower will not interfere with the purpose for which the City -
owned property is intended;
B. The antennas or tower 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 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;
The applicant will submit a letter of credit, performance bond, or other security
acceptable to the City to cover the costs of antenna or tower's removal;
The antennas or tower will not interfere with other users who have a higher
priority as discussed in Section 2;
F. Upon reasonable notice, the antennas or tower 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 antennas or tower;
H. The user must obtain all 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.
E.
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:
Jwcowers
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 increased is the potential for contamination of the public water supply.
For these reasons, the placement of wireless telecommunication antennas or
towers on water tower or reservoir sites will be allowed only when the City is
fully satisfied that the following requirements are met:
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.
Parks- -The presence of certain wireless telecommunication antennas or towers
represents a potential conflict with the purpose of some City -owned parks. In no
case shall towers be allowed in designated conservation areas. Wireless
telecommunication antennas or towers will be considered only in the following
parks upon 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 areas and major play fields; 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 City manager a completed application and
detailed plan 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 higher
priority, regardless of whether or not this interference was adequately predicted in
the technical analysis; or,
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.
8. Effective Date
This policy shall be effective from and after its adoption by the City Council.
Adopted by Resolution Number
At the City of Hopkins City Council meeting of , 1998.
JK/towers
Hopkins City Code (Zoning) 560.01
(Revised 5- 06 -91)
Section 560 - Zoning: additional requirements
560.01. Additional requirements. Subdivision 1. Height. Height limitations as set
forth in all zoning districts may be increased by 50% when applied to the following:
a) antennas in residential districts (Amended Ord.91 -672)
b) belfries
c) church spire and steeples
d) cooling towers
e) elevator penthouse
f) flag poles
g) smoke stacks
h) water towers
Subd. 2. Excess. Heights in excess thereof for such purposes may be permitted
only by a conditional use permit. (Amended Ord. 91-672)
5E0.02. Transmission Tower - Commercial. Commercial transmission towers shall be
permitted with a conditional use permit in the industrial districts subject to the
following conditions:
a) commercial transmission towers shall be in compliance with all city
building and electrical code requirements;
b) verification that the structural design has been approved by
professional engineer;
c) verification that the mounting system and installation have been
approved by a professional engineer;
d) submission of written authorization from the property owner;
e) no advertising message shall be on the tower structure;
f) shall comply with setback requirements for principal structures and
in no event shall be located between the principal structure and the front lot
line;
g) transmission towers that are not self- supporting shall be supported
by objects within the property lines but not in any front -yard areas;
h) the base of transmission towers, including guy wires, supporting and
accessory structures shall be screened to the greatest extent practicable to
minimize visual impacts on surrounding properties. Screening shall include
landscape materials or architectural features that harmonize with the elements
and characteristics of the property for ground mounted towers and materials
compatible with those utilized on the exterior of the building for roof mounted
antennas;
Hopkins City Code (Zoning) 560.02 i
(Revised 11- 18 -94)
i) towers located closer to a property line than the height of the
tower shall be designed and engineered to collapse progressively within the
distance between the tower and the property line except if there is a use that
the City Council indicates will not be affected by a tower collapse; (i.e.
railroad right -of -way, lake, creek, unbuildable land);
tower shall be in compliance with all applicable federal
communications commission (FCC) requirements;
j )
k) towers shall be in compliance with all applicable federal aviation
administration (FAA) requirements;
1) towers shall require security fencing of 10 feet in height around
the base;
m) towers shall not be artificially lighted unless required by the FAA
or state aeronautics division;
n) at least two off - street parking spaces and one additional space for
each two on -site personnel will be provided;
o) all transmission towers shall be built to structurally accommodate
the maximum number of foreseeable uses technically practicable;
p) no conditional use permit will be granted for a transmission tower
until the existing transmission tower is fully utilized;
q)
that one commercial transmission tower is allowed per site;
r) that the maximum height of a commercial transmission tower is 75
feet. (Amended Ord. No. 91 -672)
560.03. Antennas. Antennas used for a commercial use may be attached to existing
structures in residential, business and industrial districts providing no antenna is
20 feet taller than the existing structure. Only two antennas may be allowed on an
existing structure.(Ord. 91 -672)
560.04. Front yard variance. In any R district, wherever a platted block or
otherwise subdivided area has dwellings located on 50% or more of the parcels located
between two streets, the front yard set -back line may be reduced below the minimum
which would be therein required, but shall in no case be less than either the average
front set -back lines already established by the dwellings located in such block or
area or '15 feet which ever is greater.
560.05. Frontage. No residence shall hereafter be erected upon any lot unless such
lot abuts upon an improved public right -of -way for at least 35 feet and provides
access to the lot from this right -of -way unless it is located within an approved
P.U.D. The access to a lot may be only 20 feet in width from a public right -of -way.
(amended Ord. No. 94 -742)
560.07. Farming operations. All farms in existence on August 11, 1966 may continue
operation subject to the following conditions:
a) Agriculture, except commercial animal farms, fur farms, kennels and
poultry farms, but including truck gardening and other horticultural uses is a
permitted use in any district in which such existing operation is located.
Section 560 Page 2