CCP 01-26-2010 - Laserfiche WebLink

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r� 11 11&0f Report Number ON Agenda Section the city that works for you Council Meeting Date REQUEST FOR COUNCIL CONSIDERATION 10-028 VIII -1 January 26, 2010 ITEM DESCRIPTION: Consideration of a Special Use Permit and Lease A reement to allow installation of telecommunications equipment at the city water tower located at 660 5' Street SW. DEPARTMENT HEAD'S APPROVAL: Grant Fernelius, Community Development Director dwzr— Grant Wyffels, Director of Public Works (.%%/ CITY MANAGER'S APPROVAL: No comments to supplement this 15.99 Deadline: December 1, 2009 Comments attached January 30, 2010. Recommendation: Adopt the attached Rt�solution approving the Special Use Permit and authorize the City Manager and Mayor to enter into a Tower Lease Agreement between the City of New Brighton and Clear Wireless LLC, as approved by the City Attorney, for property located at 660 5th ST SW. Legislative History: October 20, 2009: The Planning Commission considered the requested Special Use Permit and held a public hearing. No testimony was given. The Commission voted unanimously to recommend approval of the request subject to the Director of Public Works approving the equipment location within the base of the tower. Since the Planning Commission meeting, Clearwire has satisfied the City's concerns about equipment placement within the base of the tower. Lastly, a 12 month approval period is recommended (normally only 6 months) to allow Clearwire adequate time to install their equipment and start providing wireless broadband service in the metro area. Financial Impact: The lease agreement with Clearwire is for a 20 -year period with an initial 5 -year term and three 5 -year renewal periods. The rent payment is $20,000 annually, prorated for the first partial year of 2010 commencing upon the date Clearwire starts construction or November 1, 2010, whichever occurs first. In subsequence years the rent is due on January 1St and will be annually adjusted upward by the Consumer Price Index or 4%, whichever is greater. Clearwire will pay a penalty for early termination of the lease without cause and will pay for a portion of the cost of intermodulation studies attributable to their transmission frequencies. The intermodulation studies come in to play if we were to lease antenna space to subsequent communication companies on this site. The lease agreement also contains language that the antenna will be operated in conformance with FCC rules and regulations. This agreement is very similar to the water tower lease agreements that we have with a number of other cell phone companies. Explanation: The applicant works for Buell Consulting and is acting on behalf of Clearwire Communications. The Special Use Permit request would allow for construction of three panel antennas and three microwave dishes on the water tower at a height of 100'. Also included in the request is the ability to lease a 10' x 10' ground space area within the water tower to place the necessary equipment to operate the antennas. The antennas would be painted to match the water tower and expected installation would be the summer of 2010. The applicant has been working with City staff regarding numerous potential Clearwire sites within the New Brighton municipal boundary. City staff has been advised that Clearwire is hoping to secure 300 —