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Ilirof NEW Report Number 13-193 �1 Agenda Section VIII-1 the city that works for you Council Meeting Date August 13,2013 REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: Consideration of a Special Use Permit and Lease Agreement to allow installation of telecommunications antenna on top of the City water tower located at 660 5th Street SW. DEPARTMENT HEAD'S APPROVAL: Grant Fernelius, Community Development Director Gif- Grant Wyffels, Director of Public Works (h'4 CITY MANAGER'S APPROVAL: No comments to supplement this report 1 Comments attached 15.99 Deadline: May 7, 2013, extended tcffy 7, 2013, extended by the applicant to August 13, 2013 Recommendation: Adopt the attached Resolution approving the Special Use Permit, subject to conditions, and to authorize the City Manager and Mayor to enter into a Tower Lease Agreement between the City of New Brighton and New Cingular Wireless PCS, LLC (AT&T), as approved by the City Attorney, for the water tower site located at 660 5th Street SW. Legislative History: April 16, 2013: The Planning Commission considered the request and held a public hearing. No public testimony was given. The Commission voted unanimously to approve the request consistent with the staff recommended conditions. AT&T has since submitted updated and revised plans, which satisfactorily address the Commission's recommended conditions. Financial Impact: The lease agreement with AT&T is for a 20-year period with an initial 5-year term and three 5-year renewal periods. The rent payment is $28,000 annually, prorated for the first partial year of 2013 commencing on September 1, 2013. In subsequent years the rent is due on January 1st and will be annually increased by an amount equal to 4%. AT&T 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. There is also an existing shelter within the base of the water tower, which AT&T will need to remove to make room for their equipment. This cost will be AT&T's responsibility. Explanation: AT&T Mobility is requesting a Special Use Permit to allow installation of six telecommunications antenna, but up to nine antennas, on the top of the City's south water tower located at 660 5th ST SW. The total existing height of the water tower is 188'. In addition to the antennas, AT&T would place control equipment in the interior of the base of the tower. No equipment will be located outside. The antennas would be mounted to the existing railing on top of the water tower, which will be modified to carry the weight of AT&T's antennas. AT&T has finalized their structural analysis and all plans have been approved by Public Works staff and the City's water tower consultant (updated plans are attached). From an aesthetic standpoint, the antenna will not be visible from the ground due to the overall height of the tower. Currently, only one XM Sirius Satellite antenna is located on the top of the water tower. Several other carriers have antenna mounted around the stem/shaft of the tower, which are painted to match the tower and blend in. AT&T would be the first cellular carrier to be located on the top of the tower. Also, in the near future, the City will mount SCADA (lift station communication) antenna at the top of the tower.