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