08-13-2013 - Laserfiche WebLink

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August 13, 2013 City PlannerGundlachreported AT &T Mobility was 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 Street SW, which was currently zoned Industrial. The total height of the 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 either be mounted on the existing railing located at the top of the tower, or on similar new racks /railings either replacing the old railing or within 2' -3' of the existing railing. As AT &T finalizes their structural analysis, and works with Public Works staff, a decision will be made regarding the method of mounting. From an aesthetic standpoint, the racks /railing in question will not be visible from the ground due to the overall height of the tower, so the method of attachment is not relevant from a land use perspective. Planner Gundlach indicated 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, the City will in the near future mount SCADA (lift station communication) antenna at the top of the tower. Staff explained the Planning Commission discussed this item at their April 16, 2013 meeting and unanimously recommended approval of the Special Use Permit, subject to the following conditions: The applicant enters into a Lease Agreement with the City. Up to nine antenna may be placed on the tower, with the placement to only be allowed as three antennas per sector. Mounting more than six antenna is subject to a future amendment to the City's lease. Public Works Director Wyffels discussed the proposed lease agreement with AT &T noting it was 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 1" and will be annually increased by an amount equal to 4 %. He explained that 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. It was noted the lease agreement also contains language that the antenna will be operated in conformance with FCC rules and regulations. The agreement is very similar to the water tower lease agreement that the City has with a number of other cell phone companies. Public Works Director Wyffels explained there was an existing shelter within the base of the water tower, which AT &T will need to remove to make room for their equipment. The cost for this work will be AT &T's responsibility. Staff recommended the Council authorize the City Manager and Mayor to enter into a Tower Lease Agreement with AT &T for the water tower located at 660 5'h Street SW. Councilmember Bauman asked how damage to the antennas would be handled. Public Works Director Wyffels stated during construction special inspectors would oversee the work that was being performed on the City's water tower. This would assure that the structure was properly welded to the water tower and painted to the City's specifications. In addition, AT &T would cant' insurance on the antennas. City Attorney LeFevere added that any additional upkeep required by the antennas would be the responsibility of the tenant. Councilmember Bauman questioned how many antennas would be placed on the tower. City Planner Gundlach commented six antennas were being requested at this time, but a total of nine could be placed on the tower in the future, through additional negotiations with the City. He explained that as technology continues to change, additional antenna may be needed by AT &T. Steve Truman, AT &T, further discussed the six proposed AT &T antennas. He noted the antenna would be 120 degrees apart around the water tower. Page 3 of 5