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HomeMy WebLinkAbout2006 01 23 Regular Item 308 City Cell Tower Ordinance 678 CITY OF WINTER SPRINGS January 23, 2006 o 12306_COMM_Regular_308_ Cell_ Tower_ Ordinance_Review COMMISSION AGENDA ITEM 308 Regular X January 23, 2006 Regular Meeting Mgr / Dept Authorization REQUEST: City Manager requesting the Commission to consider review of the City's Cell Tower Ordinance Number 678 relative to the capacity of the Ordinance to provide City- wide Cell Service. PURPOSE: This agenda item is needed to evaluate the capacity of the City's Cell Tower Ordinance to reasonably provide for all tower service in the City. CONSIDERATIONS: Vertex Development Inc. has entered into a lease agreement with the Tuscawilla Country Club to construct a I 50-foot telecommunications tower on golf course property. According to Vertex, technical data demonstrates that a large hole in coverage exists in the Tuscawilla area that cannot be filled by any of the tower sites provided in the City's Ordinance. Additionally, Vertex states that the proposed tower would have sufficient location to eliminate any further towers in the City. If Vertex's technical claims are correct it would indicate that the City's Ordinance, as written, is defective in that a reasonable level of all phone service cannot be provided throughout the City. Vertex is requesting that the west tower site located at the west water treatment site be either removed from the City's site list, or changed to be developable as a conditional use. This action would result in Vertex being able to proceed to the Commission with a conditional use permit to locate the tower at the country club site. Staff believes that the City should employ an independent third party consultant to determine if Vertex's claim that the City cannot be adequately served from the four sites approved in the City Ordinance is valid. If the City's consultant finds that the City can be served from the four sites provided for in the Ordinance, then there would be no need for the City to amend the Cell Tower Ordinance. If the City's consultant finds that Vertex's claim is accurate, then the City would need to seriously consider amending the Ordinance in such manner as to allow reasonable cell phone coverage throughout the City. The City has contacted Arthur K. Peters, Consulting Engineer, a company specializing in this type consulting services for governmental agencies. The company could complete this study in approximately 5-days for a price of $3600. FUNDING: This study would require a $3600 supplemental appropriation from the General Fund. RECOMMENDATION: If the Commission desires to evaluate the capacity of its Cell Tower Ordinance to allow for reasonable City wide cell phone service, it is recommended that the Commission authorize the City Manager to enter into a contract with Arthur K. Peters, Consulting Engineer in the amount of $3600 to determine if the Tower Ordinance needs to be amended to provide for reasonable cell phone coverage throughout the City. If the Commission does not desire to validate the efficiency of the current Ordinance then no action is required. However, the Commission would need to be advised that it could be open to legal challenge to its Ordinance. ATT ACHMENTS: 1. Tower Ordinance Review Proposal. 2. Arthur K. Peters Resume 3. Attorney Mary Solik January 13, 2006 letter to City Manager. COMMISSION ACTION: Jan 17 06 04:27p 3523318026 p.2 CONSULTING ENGINEERS ARTHUR K. PETERS RADIO TELEVISION CATV COMMON CARRIER 5422 NW 91 ST BOULEVARD GAINESVILLE, FLORIDA 32653-2872 MEMBER AFCCE (352) 331-0149 FAX; (3152) 331-8026 January 17, 2006 www.akpce.com akpce@cox.net Mr. Randy Stevenson. ASLA Community Development Director City of Winter Springs 1 126 State Road 434 Winter Springs, Florida 32708 Re: Tower Ordinance Review Dear Mr. Stevenson: This is to describe services and costs for an analysis of the City's current Telecommunications Ordinance. It is estimated that the minimum principal time expenditure for this project is 3 days. This Includes an analysis of up to six sites and attendance at two City Commission hearings. It does not include future crafting of a new Ordinance. The anticipated work product will be a written report, including maps and calculation results, that illustrate current coverage conditions and up to three alternative situations. should they be required. The final report can be delivered within 60 days of commencement. Principal hours are billed at $ 150.00 per hour. Assuming 24 hours of principal time, the project should incur a maximum cost of $ 3600.00. Billing will occur at the completion of the project. Attached is a CV. Should you have any questions, please do not hesitate to contact me. Arthur K. Peters, PE Via Fax and US Mail Jan 17 06 04:27p 3523318026 p.3 PROFESSIONAL RESUME OF ARTHUR K. PETERS, CONSULTING ENGINEER Arthur K. Peters is a principal in the firm of Arthur K. Peters, Consulting Engineers, with offices located in Gainesville. Florida. He has been associated with communications and broadcasting engineering since 1956 and has been a principal in his own firm since 1969. Mr. Peters is a member of the Institute of Electrical and Electronics Engineers (IEEE) and a member of the Association of Federal Communications Consulting Engineers. He is a registered Professional Engineer in the State of Florida. He has had over 50 papers published in various technical publications, mainly in the radio common carrier paging and mobile industry. These papers principally discussed the subjects of one-way paging and two-way mobile communications. Mr. Peters was for more than thirteen years a member of the TIA Cellular Radio Technical Committee (TR-45.1). which created and maintained analog cellular radio standards in the United States. He was also a full member of the Cellular Radio Digital Standards Committee (TR-45.3) that designed and is maintaining standards for dual mode analog/digital cellular equipment. The firm has completed designs for more than 90 cellular systems in the United States and Canada and more than 5,000 paging systems, worldwide. The Firm of Arthur K. Peters, Consulting Engineers, has represented a large number of both small and large companies participating in the radio communications industry. These companies provide paging and mobile services in most of the major metropolitan areas and in many smaller cities throughout the United States. The firm has represented equipment manufacturers, radio common carriers, private radio companies, telephone companies and other entities engaged in the communications industry. The firm has represented clients in Venezuela. Argentina, Puerto Rico, Canada, England, Japan, the Caribbean, several countries in Eastern Europe, North Africa, Russia, Australia, Indonesia, Singapore, the Philippines and Thailand. The major responsibility of the firm is to design radio communications facilities for paging and mobile systems, microwave radio systems. television stations, FM broadcast stations and AM broadcast stations. CONSULTING ENGINEERS ARTHUR K. PETERS Jan 17 06 04:28p 3523318026 p.4 Page 2 Resume of Arthur K. Peters Daily activities of the firm include advising clients, including a number of manufacturers, on the best methods and procedures to utilize in achieving each client's objectives. Advice is also given to manufacturers with respect to new product needs. Special projects include circuit design such as a telephone over-dial digit detector, a credit card reader to control airborne telephones and an automated television station controller and switcher. In addition to its normal activities, the firm has completed systems designs of complex specialized mobile radio system (SMRS) designs and wireless distribution of television signals at 28 GHz. Several years ago the firm completed the design of a massive cellular system for the entire country of Argentina. The firm routinely interfaces with federal agencies such as the Federal Aviation Administration and the Federal Communications Commission. Mr. Peters has been a pilot for more than 40 years and holds commercial and instrument ratings. For the last several years Mr. Peters has been a technical participant in county and city efforts to create antenna and tower siting policies and ordinances to control the impact of personal communications systems Mr. Peters, an Electrical Engineering graduate of Purdue University, has testified as an expert witness before various administrative agencies such as the Federal Communications Commission and the International Trade Commission. Additionally, Mr. Peters has been accepted as an expert witness before many state public utilities commissions including, but not limited to, the States of California, Illinois, Indiana, Kentucky, Missouri, New York, Florida, South Carolina and Georgia. Every public utilities commission in the United States has accepted the work product of the firm of Arthur K. Peters. CONSULTING ENGINEERS ARTHUR K. PETERS Jan-13-06 02:54pm From-Foley & Lardner 407 648 1743 T-942 P.002/002 F-643 FOLEY January 13t 2006 FOLEY & LARDNt:R LLP ATTORNEYS At LAW 111 NORTH ORANGIO AVENUE, suIrE 1800 ORLANDO. FL. 32801.2386 P. Q. BOX 2193 ORLANDO, FL 32802.2193 407.423.7656 TEl. 407.648.1743 FAX www.foley.com WRITER'S DIRECT LINE 407.244.3259 msollk@foley.Con'\ EMAIL CLIENT/MATTER NUMBER 055546.0103 VIA FACSIMILE AND U.S. MAIL Ronald W. McLemore City Manager City of Winter Springs 1126 E. SR 434 Whiter Springs, FL 32708 Re: Proposed Telecommunications Tower Dear Mr. McLemore: This firm represents Vertex Development, Inc. and T-Mobile. Vertex bas now entered into a lease agreement with. the Tuscawilla Country Club for the proposed placement of a 150' telecommunications tower on the golf course property. Vertex has already secured the commitments of T-Mobile, Verizon, and Sprint to collocate on this tower. Vertex has also received requests for applications to collocate on the tower from Cingular and Metro PCS. Together, these companies represent the five FCC licensees in this marketplace. A11 of these Companies have indicated to Vertex a lack of cell coverage in the specific area of Tuscawilla and generally in the eastem portion of the City of Winter Springs. Vertex is now prepared to begin the zoning process for approval of this proposed tower. Please advise us as to what the process will be for the processing of zoning approval on this site. Very truly yours, Mary Doty Solik MDS:jlc cc: Anthony Garganese, Esq. Alan Ruiz BOSTON BRUSSELS CHICAGO DETROIT JACKSONVILLE LOS ANGELES MADISON MILWAUKEE NEW YORK ORIANDD SACRAMENTO SAN DIEGO SAN DIEGO/DEl MAR SAN FRANCISCO SILICON VALLEY TALLAHASSEE TAMPA TOKYO WASHINGTON, D.C. WEST PALM BEACH ORLA_3997 44.1