Wireless Telecommunication Interim ApplicationTO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Resolution on Interim Application for Wireless Telecommunications
Facilities
DATE: July 17, 2008
The City of Dubuque currently holds 11 lease agreements for wireless
telecommunications facilities (towers and co-located equipment) on City property
throughout the community. The City continues to receive requests from wireless
carriers for new towers and facilities as well as requests for renegotiations of existing
lease agreements for these facilities.
Public Information Officer Randy Gehl is recommending that the City should further
investigate contracting with The Center for Municipal Solutions, a private firm that
specializes in regulating towers and wireless facilities, to handle the permitting process,
application review and construction inspection services for cellular tower leases. He
further recommends that an interim application process with an $8,500 escrow deposit
be adopted.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
'~ ~ _
Mic ael C. Van Milligen
MCVM/jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Randy Gehl, Public Information Officer
THE CITY OF Dubuque
L)UB E AII-AmericaCitY
Masterpiece on the Mississippi
2007
TO: Michael C. Van Milligen, City Manager
FROM: Randy Gehl, Public Information Officer
SUBJECT: Resolution on Interim Application for Wireless Telecommunications Facilities
DATE: July 15, 2008
BACKGROUND
The City of Dubuque currently holds 11 lease agreements for wireless telecommunications
facilities (towers and co-located equipment) on City property throughout the community. The
City continues to receive requests from wireless carriers for new towers and facilities as well
as requests for renegotiations of existing lease agreements for these facilities.
Currently, several City staff are involved in negotiating and maintaining these lease
agreements. The location of the facility determines which staff member is responsible. For
instance, wireless facilities located on the City's water towers are handled by Water
Department Manager Bob Green and facilities on City park property are handled by Leisure
Services Manager Gil Spence. No current City staff members have expertise in this type of
wireless technology and tower construction. In some cases, the City has hired a consultant to
assist with these projects.
Water Department Manager Bob Green has recently been in negotiations with an affiliate of
AT&T wireless for a new lease on one of the City's water towers and is close to finalizing that
agreement.
DISCUSSION
The City has been contacted by The Center for Municipal Solutions, a private firm that
specializes in regulating towers and wireless facilities. The firm provides their clients (cities
and counties) with an ordinance, permitting process, application review, and construction
inspection service. All costs for these services are incurred by the applicant (wireless carrier)
and there are no costs for the municipality. The company lists the following goals and
purposes for this process:
• Assure a rational, reasonable, orderly approach that gives wireless carriers what they
need;
• Assures that any towers or co-located facilities have minimal visual impacts and effects;
• Protects the nature and character of the community from the uncontrolled proliferation
of towers and wireless facilities;
• No new towers unless there is absolutely no alternative and this can be proven; and
• The community will always be in absolute control of the issue.
Leisure Services Manager Gil Spence, City Attorney Barry Lindahl, Public Information Officer
Randy Gehl, and Cable Television Coordinator Craig Nowack recently met with Richard Comi,
co-founder of The Center for Municipal Solutions, and Robert Naumann, chief executive officer
of United Engineering, a subcontractor for The Center for Municipal Solutions. The firm's
services and a potential agreement with the City of Dubuque were discussed and a sample
agreement was provided. Additionally, the representatives offered a sample resolution
adopting an interim application process for wireless telecommunications facilities.
Following that meeting, the attending staff members and Water Department Manager Bob
Green met with City Manager Mike Van Milligen to discuss the possibility of entering into an
agreement with the firm. The City Manager recommended that a resolution for an interim
application process be submitted for City Council consideration while the firm's proposal is
investigated further.
REQUESTED ACTION
I respectfully request that you forward the attached resolution to the City Council for their
consideration.
CC: Barry Lindahl, City Attorney
Preparers Barry A. Lindahl, Esq. Address: Suite 330, Harbor View Place, 300 Main Street,
Dubuque, Iowa 52001-6944 Telephone: (563) 583-4113
RESOLUTION NO. 238--08
ADOPTING AN INTERIM APPLICATION PROCESS FOR WIRELESS
TELECOMMUNICATIONS FACILITIES
WHEREAS, by the enactment of the Telecommunications Act of 1996,
there is anticipated continued substantial growth in the erection of wireless
telecommunications facilities; and
WHEREAS, there has been discussion concerning the construction and
impact of such facilities within the City of Dubuque; and
WHEREAS, there are significant shortcomings with respect to the
Dubuque's current regulatory mechanism regarding wireless facilities, especially
as regards the impact of the facilities on the community and controlling and
minimizing such impact and assuring the safety of towers and wireless facilities;
and
WHEREAS, the City Council wishes to implement, revise or replace such
regulations to more effectively protect the health, safety and welfare of the
community, and to remove or change certain sections pursuant to recent case
law to assure the orderly development of wireless technology in the community,
including but not limited to the development of procedures governing the filing of
an application, for reviewing and analyzing an application, and for granting a
permit to construct, modify and use wireless telecommunications facilities or
other tall structures for the purpose of providing wireless communications
services; and
WHEREAS, a reasonable time for the City to complete its aforementioned
review, and for the City to enact any required legislation resulting therefrom is
deemed to be ninety (90) days from the date such local law enacting said Interim
Application Process is adopted; and
WHEREAS, the City has no pending formal applications for wireless
telecommunications facilities that it has formally accepted; and
WHEREAS, this Interim Application Process is not meant to be prohibitive
or exclusionary in nature, during the pendency of the adoption of the
new/revised/updated regulations, applications for a building permit, special use
permit or site plan approval, or use variance or other necessary City approval for
a monopole, lattice tower or other telecommunications antennae installations,
including, but not limited to cellular/PCS antennae installations, shall be accepted
and processed by the City. However, in initiating an application during the period
of this Interim Application Process any applicant must submit an escrow deposit
of $8,500.00 for consulting costs to assist the City in evaluating the application,
and further, if a permit is issued it will be issued pursuant to any changes in the
City Code and that any unexpended balance of the deposit shall promptly
returned at the conclusion of the application process.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
Section 1. There is hereby enacted a ninety (90) day Interim Application
Process for the issuance of permits by the City of Dubuque on applications for
the construction of wireless telecommunications towers, facilities and related
facilities; and
Section 2. This ordinance law shall take effect upon publication.
Passed, approved and adopted this 21st day of July,
2008.
Roy D. Buol, Mayor
Attest:
Jeanne F. Schneider, City Clerk