HomeMy WebLinkAboutResolution No. 237RESOLUTION NO. 237
A resolution of the City Council of the City of Medina,
Washington, relating to Resolution 236 which imposed a
moratorium upon issuance of special use permits for
communications facilities, adopting findings of fact and
approving continuation of the moratorium for its original term.
WHEREAS, the Medina City Council adopted Resolution No. 236
on February 13, 1996, imposing a moratorium upon the issuance of
special use permits for communications facilities for a period
of six (6) months, and
WHEREAS, Washington State Law, RCW 35.63.200, requires a
public hearing be held on the moratorium within sixty (60) days
after its adoption and that findings of fact be adopted
justifying the moratorium, and
WHEREAS, a public hearing on the issue of imposing a
moratorium on the issuance of special use permits for
communications facilities was conducted on April 8, 1996,
following appropriate notice, now, therefore,
THE CITY COUNCIL OF THE CITY OF MEDINA, WASHINGTON does
adopt the following findings of fact:
1. The City of Medina is a small residential community
with approximately three thousand citizens. The City is nearly
fully developed for residential use. The only non-residential
uses existing within the City are an automobile service station,
a church, a grocery, a nursery, a post office, schools, utility
substations and Overlake Golf & Country Club. All non-
residential uses are surrounded by residential properties or
parks.
2. The City has a very limited number of potential sites
which would be acceptable for the installation of wireless
communication facilities.
3. The Federal Telecommunications Act was signed into law
in February of 1995. The affects of this act upon the City's
ability to regulate wireless communication facilities require
study by the City.
4. Changes in wireless telecommunications technology,
additional licenses granted by the Federal Communications
Commission and the increased demand for wireless communication
services have lead to a significant increase in the demand for
wireless communication facilities within the City. Five
wireless communications providers have expressed desire to
locate one or more facilities within the City. Additional
requests are expected.
5. The citizens of Medina have expressed significant
concern relating to the location of wireless communication
facilities within the City. The primary concerns relate to
potential health hazards and the aesthetic affects of such
facilities on neighboring properties and the community as a
whole.
6. The citizens of Medina have also expressed a desire
that the City receive adequate wireless telecommunication
services provided that the facilities are designed and located
to minimize health and aesthetic concerns.
7. Information received from the industry and from other
governmental agencies that have studied current technology
establishes that wireless communication facilities can be
designed and installed in ways that will minimize health and
esthetics concerns.
8. The City requires time to study the feasibility of
requiring co -location of wireless communications facilities
within the limited number of acceptable sites within the City.
All efforts of the City to date to encourage co -location have
been rejected by wireless providers.
9. Processing applications for wireless communications
facilities at the present time without the information to
determine the need for or the ability to design such facilities
to allow for co -location or nearby siting of additional
facilities may result in the inability to allow adequate sites
for competing providers. Beneficial services may not be able to
be provided without careful allocation of existing sites.
10. The Federal Communications Commission is currently
developing rules regarding the environmental effects of radio
frequency emissions which may impact the placement or
configuration of wireless communications facilities.
11. With the assistance of current and future wireless
communication providers, the City has made significant progress
in the first two months of the moratorium in learning about
necessary technical issues relating to facility siting.
THE CITY COUNCIL OF THE CITY OF MEDINA, WASHINGTON, does
declare that an emergency exists in that the issuance of special
use permits for communication facilities without adequate study
of the requirements of the entire spectrum of wireless providers
and without study of the ability of wireless providers to
eliminate or minimize health and esthetics concerns is likely to
result in adverse effects on the health and safety of the
citizens of Medina, now, therefore,
THE CITY COUNCIL OF THE CITY OF MEDINA, WASHINGTON, does
resolve as follows:
RESOLVED that the moratorium upon the issuance of special
use permits contained in Resolution No. 236 shall continue for
the period of time set forth in Resolution No. 236.
PASSED BY THE CITY COUNCIL ON THIS 8th DAY OF
APRIL, 1996 AND SIGNED IN AUTHENTICATION OF ITS PASSAGE THE
Attest:
Har ood T. Edva son, City Clerk
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