saw to,r r: '27013 cn atyu FIELD ido -l _ March 25, 2013

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1 1 \ i = V sm.., to,r r: '27013 cn atyu FIELD ido -l _ March 25, 2013 Mr. Daniel F. Ertl, A.I.C.P.,Director of Community Development 1/ Mr. Michael Theis, A.I.C.P. Planning Administrator Department of Community Development 2000 North Calhoun Road Brookfield, Wisconsin Re: Questions from Residents Relating to Verizon Wireless Monopole and Accessory Buildings Dear Messrs. Ertl and Theis: Enclosed are questions from residents of the City of Brookfield relating to the proposed change in zoning from residential to commercial of the North Avenue Water Tower and the proposed construction of a monopole and accessory buildings. We are requesting that you respond to all questions in writing and provide them to Ed Virnig (edvimig@hottnail.com) or Jill Pasqua (pasquajk@earthlink.net) via prior to the meeting on Wednesday, March 27, Any documents that we are requesting should be copied without charge or made available at the meeting for inspection by the residents of the City of Brookfield. If you cannot provide written response to the questions prior to the meeting, we ask that the vote on April 8, 2013 be postponed. The residents of the City of Brookfield were notified of the intentions of the Mayor and the Alderman to reverse their position on cellular towers in residential areas only a few days ago. Also, we believe that an hour meeting is inadequate time for residents of the City of Brookfield to discuss a proposed reversal of the important policy of prohibiting cellular towers in residential areas that has been in place for over a decade. Additional meetings are needed to discuss all of the issues. Sincerely, saw Edward J. Vii

2 Proposed 155 Foot Monopole in Residential Area of Brookfield Issues/Questions from Residents of Brookfield Monday, March 25, 2013 The following are some of the questions that we have regarding the proposed 155 foot monopole in a residential area of Brookfield. We are asking that the City officials respond in writing to each question prior to the public meeting on Wednesday, March 27, 2013, providing detailed answers and documentation for each question. We will have additional questions as the City officials disclose information to its residents. This request may seem unreasonable. However, we, residents of the City of Brookfield, were only informed of this proposal a few days ago. In addition, the handout material on this important matter to all of the residents of the City of Brookfield from City officials is incomplete and vague. The questions were raised by a number of residents, who are engineers, accountants and other skills, of the City of Brookfield as well as others who have had experience with cellular proposals. For over a decade the City of Brookfield has had a policy of prohibiting cellular towers, except on its five water towers. The Mayor and other City officials have spoken out many times over many years expounding this policy that cellular towers will not be placed in residential areas. The City of Brookfield is a city for its residents. Comment- These are not correct, factual statements. The City has approved wireless communication facilities on structures other than city water towers near residents. For example, there are two monopoles at Mound Zion Park located near the intersection of Mound Zion Woods Court and North Avenue, immediately adjacent to Lots 3 and 4 of the relatively new Brookfield Park Place subdivision containing single family homes. There are also monopoles or other similar structures elsewhere in Brookfield not located on water towers. In addition, there are other city water towers that have wireless facilities attached thereto that are adjacent to single family residential areas including the Capitol Drive Water Tower and Barker Road water tower. Now in a matter of a few days, the Mayor and the Aldermen have decided they will reverse this long standing policy of many years. We have no alternative but to ask for complete disclosure for all of the residents of the City of Brookfield by the City officials on a timely basis. Comment- The public hearing has been postponed at least until May 13, Final action by the Common Council would not occur until May 21, 2013 at the earliest. A. Reasons or Need for New Tower 1

3 1. Where in the City of Brookfield does Verizon have towers/antennas either leased or owned currently? Separately list each address and the amount of the 2012 revenue generated by each site if owned by the City of Brookfield. Response : See attached PDF file 2. Where in the City of Brookfield do other cellular carriers (other than Verizon) have towers/antennas either leased or owned currently? Separately list each address and the amount of the 2012 revenue generated by each site if owned by the City of Brookfield. Response : See attached PDF file 3. What are the City of Brookfield's total revenues by each cellular carrier for the year ended December 31, 2012? These totals should agree with the two previous questions. Response: See attached PDF file

4 4. What are the City of Brookfield's projects (separate capitalization versus expense) were funded by the cellular carrier revenues? Response: Wireless carrier lease revenues are directed to 2 separate uses. Any leases from equipment affixed to water utility property (e.g., water towers) are revenues to the water utility that supports water utility operations (in lieu of user rates), per Public Service Commission regulations. Per Common Council resolution, all remaining wireless carrier lease revenues are allocated to a segregated account within the Park Development fund for use in land acquisition and construction activities for the Greenway Corridor trail system throughout the City. 5. Was is the City of Brookfield's fund balance of the revenues in excess of or less than the expenses from inception to December 31, 2012 of all funds paid by the cellular companies to the City of Brookfield? Response: The issue before the Common Council and Plan Commission is a conditional use request, not a budget issue. With respect to the water utility related revenues, there is no balance per se as the rents have been used to support annual operating expenses of the utility. With respect to the Greenway Corridor, the cumulative balance of lease revenues in excess of land acquisition and construction project costs incurred to date is $1,373, What are the estimated annual revenues from Verizon once the monopole is operating? Response: This would be the annual rent amount from our standard lease, which is currently $26,938. The annual rent amount increases by 5% per year per the standard escalator clause. In addition, there is a one-time upfront capital payment of $10, Will T-Mobile and AT&T be transferred to the monopole and what is the estimated increase in revenues from each of these carriers once transferred to the monopole? Response: It is unknown at this time whether any existing carriers on the water tower would transfer their facilities to the monopole. No change in existing lease amounts would be anticipated should such a move occur. 3

5 8. Cell towers that are too close to each other can cause cell phone interference. Has T-Mobile and AT&T expressed concerns about the closeness of the monopole? Has the City had discussions with these two carriers to move them to the monopole? Response: No and no 9..The web site, links to Verizon and shows for the City of Brookfield excellent coverage for Verizon, including 4G Data Coverage. How does this reconcile to the problem areas citied by the Verizon application? see attached response provided by Verizon 10. Is Verizon using Alcatel-Lucent LightRadio Cellular hardware and what effect has it had on planning the North Avenue monopole? Industry projections show that this new technology will be used in 90% of new cellular infrastructure by 2015, making cellular towers too costly to build. see attached response provided by Verizon 11. Provide to us a copy of the "structural analysis" referred to in the Verizon application, including specific names and titles of all City staff that agreed to the conclusions referred to in the application. Also, if not in the structural analysis, provide a copy of the specific OSHA guidelines that would be violated if additional cellular carriers were to use the Water Tower. see attached response provided by Verizon 12. Provide the names and titles of any additional City personnel or elected officials, not included in the immediate previous request, that performed "due diligence" and agreed with Verizon's conclusions as stated in the Verizon application. Response: Mike Theis, Planning Administrator Mike has been project manager in the review of wireless facilities for over 15 years. Mike would not have agreed with conclusions as Mike is not an engineer and passes on the technical information provided by the applicant s engineers. 13. The Water Tower is 103 feet in height and the proposed monopole is 155 feet in height. Why is it necessary to have a monopole higher that the Water Tower when T-Mobile and AT&T have operated at the 103 foot height for years? Response: It is the understanding of city staff from conversations with Verizon that the tree canopy surrounding the stem obstructs signals from lower points on the tower and the 103 foot level has no more capacity due to technical reasons. Also see attached response provided by Verizon 14. Does the City of Brookfield have any other business relationships with Verizon that are in addition to leasing cellular sites to Verizon? If so, describe the relationship and the amounts of payments to or from Verizon for the year Response: The issue before the Common Council and Plan Commission is a 4

6 conditional use request, not an accounting or a contractual issue. That being said, as part of Brookfield participating in the State contract for wireless services, some city staff have cell phones with Verizon service. 15. Is there available capacity for cellular carriers on any of the Water Towers owned by the City of Brookfield, excluding the North Avenue Water Towers? Describe the nature of the available capacity for each Tower. Response: As of this writing, city staff is not aware of other city owned properties located in the vicinity of the Alta Vista tower site that meet the technical needs of the applicant or the provisions of the city wireless policies. The City of Brookfield owns four water towers and one standpipe. There is capacity for cellular carriers on some of the towers and the standpipe. However, this issue is moot as it relates to the request to place cellular equipment on the tower near North Avenue (by Elmbrook Hospital) since the other towers in the City are not geographically located near this tower and would not service this area, which is why Verizon is interested in providing better service to the area by placing equipment at this location. In addition, placing cellular equipment at those towers would not provide the service needed for the area where a current deficiency exists (near Elmbrook Hospital). Finally, some of the other water towers already have Verizon cellular equipment located on them as identified in response to question 1, so adding equipment in those locations would be duplicative and not address the deficient service area. B. Weight of Cables and Antennas on Water Tower 1. The City's Public Notice references the City of Brookfield's 1996 reports, "General Guidelines for PCS Sitting" and the Wireless Study Update-2000 on the Web for citizen viewing? If not, provide copies of these reports. Response: All city related documents are posted on the city s website- see the homepage. 2. What is the number of cables currently in the North Avenue Water Tower stem that connects the equipment in the base to the antennas on top of the Tower? Response:29 cables.how does this compare to the number of cables currently in Capitol Drive Water Tower? Response : Not applicable to this conditional use issue 3. What is the weight of a single one foot long piece of these cables? Response : Not applicable to the conditional use issue 4. What is the width of a single cable? Response : Not applicable to the conditional use issue 5

7 5. Are copper or fiber cables being used? Response Not applicable to the conditional use issue 6. How many antennas are on top of the North Avenue Water Tower and what is the weight of each antenna? Response: There are two antenna arrays affixed to the water tower ATT and T-Mobile. The weight of each antenna is not known by the Community Development Department. 7. Likewise, how many antennas are on the top or around the stem of the Capitol Drive Water Tower and what is the weight of each antenna? Response : Not applicable to this conditional use issue C. Alternative Sites. 1. The Capitol Drive site has two rings of equipment around the stem of the water tower, in addition to equipment on top of the tower. Why isn't this done for the North Avenue site? Response: It is the understanding of city staff from conversations with Verizon that the tree canopy surrounding the stem obstructs signals. 2. Materials from City officials reference other water sites as having separate monopoles? There appears that only one site has a monopole (19125 Janacek Court) and that tower is only 73 feet high. The Janacek Court site is in an industrial area and not much more than a mile away. The Janacek site has a ground elevation of 932 feet; only 26 feet lower than the North Avenue site. How do these facts reconcile to the statements made in the materials from City officials? Response : See comment on page 1. Janacek Court is located in the Town of Brookfield so we have no regulatory authority. 6

8 3. The Verizon application states no other City of Brookfield sites are available for use. Why? Is this due to zoning restrictions of the City of Brookfield, additional costs to Verizon or other reasons? see attached response provided by Verizon. Also see response to question a The Verizon application indicates an emergency generator or generators in the proposed buildings. Such generators could start in the middle of the night. Generators are extremely noisy. What is the noise level of these generators or generator? Also, how often will diesel fuel trucks drive in and out of our backyards to refuel the generators? Where will the fuel tank be located and how large will the fuel tank be? see attached response provided by Verizon 5. Has Verizon or City officials approached the Town of Brookfield (Barker Road Tower) or Time Warner (Janacek Ct. Site) for the use of their facilities? see attached response provided by Verizon 6. Have City officials considered use of the City's Janacek Ct. Site (industrial area) for the Verizon tower? Response: Janacek Court is located in the Town of Brookfield so we have no regulatory authority. 7. Has City officials considered any privately owned sites? If not, why not? Response: City ordinance Telecommunication towers, antennas and related facilities states that telecommunications applicants are directed to the network sites depicted in the adopted guidance document. In the case of this specific Verizon application; no others sites were pursued as Appendix A-2: Brookfield Sites Locations Map and Appendix B3 of The Wireless Study Update Revised 08/14/00 depict Brookfield 13 (the subject site) as one of a network of sites providing telecommunications service to the community. Also see response to question a Have City officials considered the other water tower sites at Capitol Drive and Sunnyslope Road which are more removed from individual residences? Response: City ordinance Telecommunication towers, antennas and related facilities states that telecommunications applicants are directed to the network sites depicted in the adopted guidance document. In the case of this specific Verizon application; no others sites were pursued as Appendix A-2: Brookfield Sites Locations Map and Appendix B3 of The Wireless Study Update Revised 08/14/00 depict Brookfield 13 (the subject site) as one of a network of sites providing telecommunications service to the community. Also see response to question a.15 Application 1. Provide copies of the proposed Verizon Contract? Will City officials draft 7

9 the contract or will Verizon draft and give the contract to City officials for signature? Response: Not applicable to the conditional use issue 2. Why isn't the 20 foot setback considered at the North Avenue site? All residents of the City of Brookfield must abide by this rule regardless of the size of their land. Why is Verizon exempt from the rules that all residents of the City of Brookfield must follow? Response: Per City ordinance Telecommunication towers, antennas and related facilities. L. Setback/Offset Requirements all setbacks/offsets shall be set by the plan commission with consideration given to general zoning requirements and safety considerations. Those are the offsets so established. The only exceptions are for facilities listed in subsection (C)(1) of said section. 3. Why have water drainage issues not been considered? Are City officials not aware of the water drainage problems? Response: The City routinely includes review of drainage in all development proposals. The drainage from this site currently heads south into a wooded area with undefined drainage. Water will accumulate on the surface in this wooded area during rain events or if the water tower overflows. We do not see significant changes to this drainage pattern based on the proposal from Verizon, but will consider information from the public relative to this issue in the formal review assuming this project moves forward. 4. Will the staging area be on City of Brookfield Water Tower property? see attached response provided by Verizon 5. Why has the City of Brookfield failed to follow the written contract for the past two to three years to shield the equipment of T-Mobil with evergreen trees? This was a promise made by the Mayor and Aldermen that has not been kept. Response: At the time of initial approval, landscape screening was selected for compatibility with the environment in which it was installed. None the less, the landscape failed. T-Mobile was notified of the failure and instructed to correct conditions. T-Mobile did not comply. When T-Mobile requested approval of equipment upgrade, city staff imposed a requirement that the ground mounted equipment be screened with a wooden fence and landscape replaced. Both requirements were complied with. 6. Why does the Verizon application not have any evergreen trees to shield the proposed buildings, 8 foot fence and 155 foot monopole? Are City officials setting a precedent that requires private citizens and all residents of the City of Brookfield to shield industrial buildings and equipment on City property? If City officials require Verizon to shield the buildings, how will this be accomplished when Verizon has decided that the buildings will be built on the South property line of the City of Brookfield? Response: The Verizon proposal depicts a monopole screened by a fence and equipment enclosures constructed of field stone with ridge-line roofs. Well-designed 8

10 buildings with attractive materials do not require screening. It has not been determined whether the fence around the monopole will remain as proposed. The existing tree canopy of the site and predation by deer makes establishing an understory landscaping (shrubs, etc.) difficult. 7. Have City officials had the North Avenue Water Tower property surveyed in recent months? The proposed building appears to be on private land or only inches from the property line of the private owner. see attached response provided by Verizon 8. Will the monopole have guide wires? If so, will they extend onto private property? If there will not be any guide wires, what is the level of high winds the monopole will not be safe and may fall on the three homes within a few feet of the proposed monopole. see attached response provided by Verizon T- Mobile has used cabinets for their equipment. Why is Verizon proposing to build 4 (12 feet by 26) feet buildings (1,248 square feet) for carrier equipment? Are buildings technically needed or are the buildings simply "company policy" of Verizon? see attached response provided by Verizon 9. If due to obsolescence of the monopole in a few years as suggested by industry people, will the Verizon contract require the monopole be dismantled if excess capacity is less than 50%? If not 50%, what percent? Response: Per the City of Brookfield License Agreement 22. Security for Removal. Company shall provide to City prior to commencement of the initial term of this Agreement a performance bond, in the amount of Twenty Thousand Dollars ($20,000), with said Performance Bond to be increased by 20% after every five (5) year renewal term herein and which will be renewed as necessary, to ensure that the Communications Facilities will be removed and the Premises restored at termination or expiration of this Agreement. The City will be named as the obligee in the bond and must approve the bonding Company. 10. The Verizon application requires the removal of trees. How many trees will be removed as result of this construction? see attached response provided by Verizon 11. The Verizon application states, "no other site equal to the proposed site". Thus one infers then that all Verizon towers are located in only optimum sites no matter what the cost to the local citizens and community. Can multiple non residential sites be provided by Verizon even though the cost to Verizon may be somewhat greater? see attached response provided by Verizon 9

11 F. Effect on Residents 1. The proposed monopole will result in losses to home owners upon sale, not only to the home owners with adjoining land to the North Avenue Water Tower but to all home owners in Still point and parts of Glen Kerry. Will the Verizon contract compensate all residents of the City of Brookfield for losses upon sale of their homes resulting from the monopole on the North Avenue Water Tower property? see attached response provided by Verizon 2. If the Verizon application is approved to change the zoning to commercial from residential, home values of residents will decline. Response : This application is not a rezoning but a conditional use. o Have City officials considered the reduced values to homeowners in the immediate area? If so, what is the annual projected loss in value? Provide a dollar value. o Have City officials considered the reduction in overall community home value? If so, provide a dollar value. o What plans do City officials have to reduce the assessed values of residents of the City of Brookfield affected by the proposed Verizon application? 3. The proposed monopole may result in residents' homes being damaged if the monopole would fall on their homes. The proposed monopole will increase the cost of liability and property insurance of residents adjoining the property of the North Avenue Water Tower. Will the Verizon contract include annual reimbursement of the increased cost of liability and property insurance for not only buildings and other structures but also automobiles and any deductibles? See pictures attached for closeness of homes to the proposed monopole. see attached response provided by Verizon 4. Cell towers can cause or block the use of wireless transmissions within nearby homes. Wireless networking within these homes may not function normally. How will City officials correct this problem for the residents near the monopole, if it occurs? see attached response provided by Verizon 5. We have often heard the saying, in thunder storm do not stand under a tree. Likewise, will lighting strikes be more likely for residents near the 155 foot monopole, not only to homes but to themselves as well. see attached response provided by Verizon 6. Will the nearby residents, especially children, have to fear for their lives each time there is a thunderstorm? The backyards of three homes are within a few feet of the monopole. Will City officials take responsibility for financial 10

12 damages if lightening does strike and pay in full? Will the Verizon contract carry multi million dollar liability insurance to cover wrongful death or injury if lightening strikes a resident within 300 feet of the monopole? see attached response provided by Verizon 7. The danger to the health (more frequency of leukemia and other disorders) of the residents near monopoles has not been shown; perhaps, due to a lack of studies and the newness of the cellular towers. What responsibility will the City officials take for the health dangers that may arise in future years? Has City officials documented their position on this issue and who are the City officials? Response: See Health report on city s website 11

13 8. The dual use of the Water Tower and the monopole cause disruption of T-Mobile and AT&T cellular services to the residents of the City of Brookfield resulting from cell phone interference from the monopole? How will City officials deal with disruption of T-Mobile and AT&T cellular services? see attached response provided by Verizon

14 If a 155 ft. cell tower, placed as proposed, were to fall in a storm, this is where it would land. John & Sarah Eimerman's home Alta Vista Cir Ed & Patty Virnig's home Alta Vista Cir Kevin & Jill Pasqua's home Alta Vista Cir

15 If a 155 ft. cell tower, placed as proposed, were to fall in a storm, this is where it would land. Elmbrook Hospital Electrical switch equipment box Elmbrook Hospital Transformer box

16 Per Ron Zuckle, representative for Verizon Wireless, at the February 11, 2013 Plan Commission Meeting, "the accessory equipment building would be positioned so as not to be visible by surrounding residential dwellings." View from Pasqua's kitchen window. Two people in background represent the corner locations of proposed out buildings. This is clearly very visible. View from Eimerman's sunroom. Two people in background represent the corner locations of proposed out buildings. Also, clearly visible to neighboring dwellings. Monopole would also be clearly visible here.