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Renewal of Interim Application for Wireless Telecommunications FacilitiesTHE CITY OF Dubuque -. ~T "~ ~ ~ AN-America ICY L,J ~ Masterpiece on the Mississippi 2007 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Renewal of Resolution on Interim Application for Wireless Telecommunications Facilities DATE: March 9, 2009 At the July 21, 2008 City Council meeting, the Council adopted Resolution No. 238-08 which authorized an interim application process for wireless telecommunications facilities. The interim application process expired on February 1, 2009. City Engineer Gus Psihoyos is recommending this be extended for another 120 days. I concur with the recommendation and respectfully request Mayor and City Council approval. Mic ael C. Van Milligen MCVM:Iw Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Gus Psihoyos, City Engineer THE CITY OF DUB E Masterpiece on the Mississippi TO: Michael C. Van Milligen, City Mana e FROM: Gus Psihoyos, City Engineer DATE: March 6, 2009 SUBJECT: Renewal of Resolution on Interim Application Telecommunications Facilities BACKGROUND Dubuque ~~~ ~ - 2007 for Wireless At the July 21, 2008 City Council meeting the Council adopted Resolution No. 238-08 which authorized an interim application process for wireless telecommunications facilities. Resolution No. 238-08 stated: Whereas, Resolution No. 238-08 established 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 Whereas, the City Council has determined that the Interim Application Process should be extended to allow the review of regulations for the construction of wireless telecommunications towers, facilities and related facilities to be included in the Unified Development Code. At that same meeting, the City Council approved an agreement with The Center for Municipal Solutions (CMS), 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. Since that time, City staff has been in contact with CMS and Planning Services staff has been working to modify the City's existing ordinance and permit process as part of the Unified Development Code. A proposed ordinance will soon be submitted to the Zoning Commission for their consideration. Subsequent to the initial resolution, on November 3, 2008 the Council adopted Resolution No. 389-08 which amended Resolution No. 238-08 by extending the interim application process until February 1, 2009. DISCUSSION Although the City's existing zoning ordinance and permit process for wireless telecommunications facilities still applies, Resolution 238-08 for the interim application process expired on February 1, 2009. ACTION TO BE TAKEN I respectfully request that you recommend the City Council renew Resolution 238-08 for an additional 120 days. Anew ordinance is expected to be proposed within the next 90 days. Once approved, the interim application process will no longer apply. cc: Barry Lindahl, City Attorney Laura Carstens, City Planner Randy Gehl, Public Information Officer Preparers Barry A. Lindahl, Esq. Address: Suite 330 Harbor View Place, 300 Main Street, Dubupue, Iowa 52001-6944 Telephone: (563) 583-4113 RESOLUTION NO. 99-09 AMENDING RESOLUTION NO. 238-08 WHICH ESTABLISHED AN INTERIM APPLICATION PROCESS FOR WIRELESS TELECOMMUNICATIONS UNTIL JUNE 1, 2009 Whereas, Resolution No. 238-08 established 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 Whereas, the City Council has determined that the Interim Application Process should be extended to allow the review of regulations for the construction of wireless telecommunications towers, facilities and related facilities to be included in the Unified Development Code. N®1n/, THEREF®RE, E IT RES®LVE® Y THE CITY C®UNCIL ®F THE CITY ®F ®UUQUE, I®1nlA: Section 1. The 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 is hereby re- established and extended to June 1, 2009. Passed, approved and adopted this 16th day of March 2009. a~ ,. ~ .. `'~ //~(j`//~. 4 '- .,~ ;& Roy D. Buol, Mayor Attest Jeanne F. Schneider, City Clerk Preparers Barry A. Lindahl, Esq. Address: Suite 330. Harbor View Place. 300 Maln Street. Dubuaue. Iowa 52001=6944 Telephone: (5631583-4113 RESOLUTION N0.238--08 ADOPTING AN INTERIM APPLICATION PROCESS FOR WIRELESS TELECOMM UNICATIONS 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 taD 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 newlrevised/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 Preparers Barry A. Llndahl. Esa. Address: Suite 330. Harbor View Place. 300 Main Street. Dubuque. Iowa 52001-6944 Telephone: (5631583-4113 RESOLUTION NO. 389 -08 AMENDING RESOLUTION NO. 238-08 WHICH ADOPTED AN INTERIM APPLICATION PROCESS FOR WIRELESS TELECOMMUNICATIONS FACILITIES BY EXTENDING THE INTERIM APPLICATION PROCESS UNTIL FEBRUARY 1, 2009 Whereas, Resolution No. 238-08 established 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 Whereas, the City .Council has determined that the Interim Application Process should be extended to allow the review of regulations for the construction of wireless telecommunications towers, facilities and related facilities to be included in the Unified Development Code. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The 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 is hereby re- established and extended to February 1, 2009. Passed, approved and adopted this 3rd day of November 2008. D~ Roy D. col, Mayor Attest: Jeanne F. Schneider, City Cferk 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 fake effect upon publication. Passed, approved and adopted this 21st day of July , 2008. .~ ~ ~_ D.~uol, Mayor Attest: eanne F. Schneider, City Clerk