Laserfiche WebLink
proposal suggests the City should pay half the costs of these options (specific <br /> costs are outlined in their narrative). As an aside, City staff has communicated <br /> clearly to Clearwire that it is unlikely the Council will agree to bear any costs <br /> related to this matter. <br /> At this point, there is a fundamental disagreement over construction of the <br /> current tower. Clearwire insists they built the tower that was necessary to meet <br /> the conditions of their Special Use Permit and the plans submitted with their <br /> Special Use Permit were only conceptual in nature. Staff insists that a tower <br /> over twice as large in diameter should have been presented to the City for <br /> approval and the plans submitted with the Special Use Permit were never <br /> represented as conceptual. <br /> Staff is seeking Council direction on how to proceed with this matter. The <br /> Council has the following options: <br /> 1. Proceed with one of the options presented by Clearwire (outlined above). <br /> This would still involve resolution to whether or not the City bears any of <br /> these costs. <br /> 2. Declare Clearwire to be in violation of their Special Use Permit and/or <br /> terminate Clearwire's lease at Freedom Park and order them to remove <br /> the tower. The City Attorney will be available to advise the Council on <br /> how best to approach this option. <br /> Clearwire has been notified of this discussion, although it is unclear if they plan to <br /> attend. Portions of the work session may need to be closed if the Council is <br /> discussing any threatened or planned litigation. <br /> Attachments: <br /> (A) Clearwire Written Proposal <br /> (B) Photo example of painted tower <br />