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OF NLV IN Ur city that wrrks hr yrr! Memo Date: May 7, 2008 To: City Manager Dean Lotter Mayor and Council From: Grant Femelius, Community Development Director 6c - Grant Wyffels, Public Works Director Co AW Sandy Breuer, Director of Parks & RecreationS'9 Janice Gundlach, City Planner Subject: May 13th Worksession on Telecommunication Towers on Public Land The purpose of this memo is to outline the issues staff would like to discuss on May 13th. The goals for the discussion are as follows: 1) a general policy discussion on tower requests on public lands; 2) a more specific discussion on how to proceed with the Hidden Oaks Park cell tower request by T -Mobile. Staff anticipates that it will take additional time beyond the work session to have a substantive policy discussion. As such, we believe it is important for the Council to give • direction on whether the City should consider leasing the property to T -Mobile as a business deal. This information would be helpful for the applicant in determining whether to pursue the land use application. Background As the Council is already aware, T -Mobile approached City staff in December of 2007 on placement of an 80 foot cellular tower at Hidden Oaks Park. Initially, city staff viewed this request similar to requests for antenna on top of water towers. As such, the applicant commenced lease negotiations and submitted an application for a Special Use Permit. Like all Special Use Permits, the neighbors within 350 feet of the park boundaries were notified of a public hearing before the Planning Commission in March. This notification sparked numerous objections and thus apprehension with City staff in moving forward without verification that the City would enter into a lease with T -Mobile, or in other words, be a willing landlord to the use. Further complicating the issue is that the City is involved in 1) a land use decision and 2) a business decision. These two issues some times conflict with each other in terms of protecting the public health, safety and welfare and economic considerations. Current Code Standards The current requirement for erection of a telecommunications tower involves review and approval of a Special Use Permit in all zoning districts. The main criteria is a setback equal to the tower height with the ability to increase the tower height by 33 percent if the • tower is engineered to collapse upon itself. Staff has attached all zoning standards for reference. Also, like all Special Use Permits the general health, safety and welfare standards of Section 8-130 must be considered (also attached). It is important to C:\bcmeMsv S,nmgsygumffkWp%cell mwa policy wmlae xm memo(5-13-09).&c