06/03/1997 Meeting Minutes - Laserfiche WebLink

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Council Minutes of 6/3/97 s:~ will fall. Mr. McGrath said that in the worse case scenario, the towers bend--this is ~,, engineered into the tower. i. Mrs. Saringer asked whether AT&T had contacted Westlake in order to locate the tower in their larger Claque Park. Mr. McGrath said he knew that AT&T was attempting to locate sites in Westlake, but he was not familiar with the negotiations. Mayor Boyle said Westlake's Claque Park was outside of the search ring. The administration did look at that possibility when negotiating with AT&T. They researched other sites, and he is convinced that the park is the best place for the tower. Mrs. Saringer suggested the new fire station and the water tower as possible sites. It was explained that both those locations were out of the search ring for this site. However, the city is pursuing the water tower with the City of Cleveland as a possibility for a site in that area. j. Mr. Musial asked a hypothetical question: What if Claque Park were not there, then what would AT&T propose? Mr. McGrath said they would have to find a willing landowner. However, it would still be up to the city to decide through zoning whether in fact they would allow AT&T to be there. Mayor Boyle said that he did not believe AT&T would force the issue, but other companies might do so. He believes that there will be an antenna in that area under the federal communications act. The city has the ability and it is our duty to our residents to reduce the number of antennas and to reduce the adverse impact of the antennas. He does not like having an antenna in Claque Park, but it is better than having it in a resident's backyard or the corner of LeBern and Claque Road where everybody is going to look at it. Also, as Mr. Limpert said last week, if it goes on a private parcel two houses away, what is achieved? It is still there, and the city cannot regulate it. Mr. Limpert commented that locating the tower on private property would not allow the city to participate in the revenues. Since we cannot prevent the tower from locating in that area, the residents may as well enjoy the improved recreation and improved economic development from the funds generated by the lease. Mayor Boyle agreed and said it was an extremely valid point to bring up. He also noted that, in the 1940's, people were against the building of the water tower. Today it is considered a landmark and is on our city flag. k. Mr. Musial asked if the federal legislation allowed a municipality to limit the height of the antenna. Mayor Boyle said the height depends on topography. Mr. McGrath said that the FAA would also have some say in the height. Mayor Boyle commented that AT&T had originally come in with a proposed 100 foot antenna. However, 120 feet gives us the ability to eliminate another antenna by adding platforms to this one. We could limit the height, but that would mean there would be the potential for more antennas. We are trying to limit the number of antennas in the city. REPORTS (continued) Law Director Gareau: 1) Referring back to the discussion of the guardrail that had been removed by ODOT, this incident brings up the issue of governmental immunity. The latest tort reform act modified the liability of municipal corporations. Under the prior law, municipalities were required to keep the right-of--way free and clear of nuisance. The right- of-way included the entire right-of--way. Under the new tort reform act, the obligation is solely within the traveled portion of the highway. Consequently, although ODOT 4