Policy Statement

Regarding the Use of City Owned Land for Wireless Telecommunication Antennas and Towers

Approved July 15, 1996

1. Introduction

The City of Bloomington has received requests from wireless telecommunication providers to place wireless telecommunication antennas and towers on City owned property. The Bloomington City Council has determined that a uniform policy for reviewing these requests is desirable.

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:

City of Bloomington;
Public safety agencies, including law enforcement, fire, and ambulance services, which are not part of the City of Bloomington and private entities with a public safety agreement with the City of Bloomington ;
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.

3. Minimum Requirements

The placement of wireless telecommunication antennas or towers on City owned property must comply with the following requirements.

The antennas or tower will not interfere with the purpose for which the City owned property is intended;
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 the 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;
Upon reasonable notice, the antennas or tower may be required to be removed at the user's expense.
The applicant must reimburse the City for any costs which it incurs because of the presence of the applicant's antennas or tower and,
The user must obtain all necessary land use approvals.

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.

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 increases 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;
There is sufficient room on the structure and/or on the grounds to accommodate the applicant's facility;
The presence of the facility will not increase the water tower or reservoir maintenance costs to the City; and,
The presence of the facility will not be harmful to the health of workers maintaining the water tower or reservoir.

B. 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 after the recommendation of the Parks, Recreation, and Arts Commission and approval of the City Council.

Public parks of a sufficient scale and character that are adjacent to an existing commercial or industrial use;
Commercial recreation areas and major playfields; and,
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 a 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 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. Use of Revenue

All revenue generated through the lease of city owned property for wireless telecommunication towers and antennas shall be made payable to the City of Bloomington and transmitted to the City's Department of Finance.

Revenue shall be credited as follows:

To the specific operating activity using the land upon which the wireless telecommunication towers and antennas are located (for example, golf course revenue when located on a golf course, Water Utility Fund when located on water utility property);
To the Park Development Fund if located on park land where there are no organized activities or on open space land;
To the General Fund operating activity when the wireless telecommunication towers and antennas are located on City property serving a General Fund operating program (such as ballfields, public playlot areas, etc.); and,
Any revenues not meeting the above criteria shall be applied as general revenues of the General Fund.

For more information, contact:

Planning and Economic Development
PH: 952-563-8920, FAX: 952-563-8949
E-mail: planning@ci.bloomington.mn.us

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