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Home My WebLink About5C - Verizon Water Tower Antenna Agreements O* FRI() ti U 4646 Dakota Street SE Prior Lake, MN 55372 �jNNE50�P .. . CITY COUNCIL AGENDA REPORT MEETING DATE: DECEMBER 8, 2014 AGENDA#: 5C PREPARED BY: KATY GEHLER, PUBLIC WORKS & NATURAL RESOURCES DIRECTOR PRESENTED BY: KATY GEHLER AGENDA ITEM: CONSIDER APPROVAL OF RESOLUTIONS AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE AMENDMENTS TO THE VERIZON WATER TOWER ANTENNA AGREEMENTS DISCUSSION: Introduction The purpose of this agenda item is to consider executing an amendment to the Water Tower Antenna Agreements with Verizon to allow them to install additional equipment on both the Cedarwood and Tower Street water towers and the civil defense tower on Wilds Parkway. History The City and Verizon Wireless (VAW) LLC d/b/a Verizon Wireless are parties to two Water Tower Antenna Agreements relating to installation of communications antennas on both the Cedarwood and Tower Street water towers and the Civil Defense Tower Antennae Agreement. The original agreements were entered into on March 1, 1999, May 30, 2000, and November 15, 2004 respectively. Current Circumstances Verizon, along with several other communications companies, are in the process of upgrading technology for cellular service around the nation. As part of this process they would like to upgrade their antennaes that include adding additional equipment on the City's water towers and a civil defense tower. The original agreements did not anticipate the new equipement, therefore an amendment was determined to be appropriate. Conclusion The City Attorney reviewed the information and prepared the amendments to the existing agreements with Verizon. ISSUES: The City holds several lease agreements with Communication Companies to allow use of the City's Water Towers to mount antenna with ground equipment shelters. Over the last year, several companies have been working with the City to upgrade their antenna to what is commonly referred to as 4G. The newer technologies also require the mounting of additional equipment near the antenna with cabled connections. �� Phone 952.447.9800 / Fax 952.447.4245/www.cityofpriorlake.com Most of the antenna leases have similar provisions that address the use of the site for mounting of antenna and storage of equipment in ground shelters. They do not anticipate the new equipment on the towers. Based on review of the agreements by the City Attorney, it was determined that an amendment to the original agreements would be appropriate. A copy of the partially executed addendum is included with this agenda report. FINANCIAL New increased rent amounts for the two Water Tower Antennae Agreements IMPACT: and the Civil Defense Tower Antennae Agreement have been agreed upon. Additionally, an annual rent escalator of 3% will be implemented instead of the current 15% increase every five years. Rent increases for Verizon per site are as follows: oil Immw Cedarwood Street Water Tower $24,796.88 $3,703.12 $28,500.00 Tower Street Water Tower $15,430.94 $1,569.06 $17,000.00 Wilds Parkway Civil Defense $6,900.00 $1,035.00 $7,935.00 Tower TOTAL $47,127.82 $6,307.18 $53,435.00 ALTERNATIVES: 1. Approval as part of the consent agenda three resolutions to authorize the Mayor and City Manager to execute amendments to the Verizon Water Tower Antennae Agreements and Civil Defense Tower Antennae Agreement. 2. Deny this agenda item for a specific reason and provide staff with direction. 3. Table this item to a certain date in the future. RECOMMENDED Alternative #1 MOTION: O� FRIO UU 4646 Dakota Street SE '�Ilzsot' Prior Lake,MN 55372 RESOLUTION 14.xxx A RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE AN ADDENDUM TO THE WATER TOWER ANTENNA AGREEMENT WITH VERIZON WIRELESS (VAW) LLC D/B/A VERIZON WIRELESS FOR THE CREST AVENUE WATER TOWER PROPERTY Motion By: Second By: WHEREAS, Various cellular companies have located their antennae equipment on City property and water towers; and WHEREAS, The public safety, health and welfare is served when cell phone coverage is uniform and unbroken; and WHEREAS, The City and Verizon Wireless (VAW) LLC d/b/a Verizon Wireless are parties to a Water Tower Antenna Agreement relating to City property and the Crest Avenue water tower located at 5560 Cedarwood Street, Prior Lake Minnesota, 55372 (Verizon site ID MIN Mystic Lake); and WHEREAS, Verizon Wireless (VAW) LLC d/b/a Verizon Wireless desires to upgrade antenna and install additional equipment at the Crest Avenue Water Tower property for the sole benefit of it's customers and subscribers; and WHEREAS, Verizon Wireless (VAW) LLC d/b/a Verizon Wireless is installing and maintaining the antenna and additional equipment which will be located on/in the water tower, within an existing utility easement and in Verizon's Equipment Shelter; and WHEREAS, The City Attorney and City Staff have developed an "Amendment" to the existing antenna agreement; and WHEREAS, Verizon Wireless (VAW) LLC d/b/a Verizon Wireless has executed said Agreement. NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, MINNESOTA as follows: 1. The recitals set forth above are incorporated herein. 2. The City Council hereby approves the"Fourth Amendment to Water Tower Agreement" prepared by the City Attorney and City Staff. 3. The Mayor and City Manager are hereby authorized to execute the"Fourrth Amendment to Water Tower Agreement"on behalf of the City. PASSED AND ADOPTED THIS 8th DAY OF DECEMBER 2014. VOTE Hedberg Keeney McGuire Morton Soukup_ Aye ❑ ❑ ❑ ❑ ❑ Nay ❑ ❑ ❑ ❑ ❑ Abstain ❑ ❑ ❑ ❑ ❑ Absent ❑ ❑ ❑ ❑ ❑ Frank Boyles, City Manager 2 O� FR 01P ti U 4646 Dakota Street SE '�NIVE501Prior Lake,MN 55372 RESOLUTION 14-xxx A RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE AN ADDENDUM TO THE WATER TOWER ANTENNA AGREEMENT WITH VERIZON WIRELESS (VAW) LLC D/B/A VERIZON WIRELESS FOR THE TOWER STREET WATER TOWER PROPERTY Motion By: Second By: WHEREAS, Various cellular companies have located their antennae equipment on City property and water towers; and WHEREAS, The public safety, health and welfare is served when cell phone coverage is uniform and unbroken; and WHEREAS, The City and Verizon Wireless (VAW) LLC d/b/a Verizon Wireless are parties to a Water Tower Antenna Agreement relating to City property and the Tower Street water tower located at 4741 Tower Street, Prior Lake Minnesota, 55372 (Verizon site ID MIN Prior Lake); and WHEREAS, Verizon Wireless (VAW) LLC d/b/a Verizon Wireless desires to upgrade antenna and install additional equipment at the Tower Street Water Tower property for the sole benefit of it's customers and subscribers; and WHEREAS, Verizon Wireless(VAW) LLC d/b/a Verizon Wireless is installing and maintaining the antenna and additional equipment will be located on/in the water tower, within an existing utility easement and in Verizon's Equipment Shelter; and WHEREAS, The City Attorney and City Staff have developed an "Amendment" to the existing antenna agreement; and WHEREAS, Verizon Wireless (VAW) LLC d/b/a Verizon Wireless has executed said Agreement. NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, MINNESOTA as follows: 1. The recitals set forth above are incorporated herein. 2. The City Council hereby approves the "Third Amendment to Water Tower Agreement" prepared by the City Attorney and City Staff. 3. The Mayor and City Manager are hereby authorized to execute the "Third Amendment to Water Tower Agreement"on behalf of the City. PASSED AND ADOPTED THIS 8th DAY OF DECEMBER 2014. VOTE Hedberg Keeney McGuire Morton Soukup Aye ❑ ❑ ❑ ❑ ❑ Nay ❑ ❑ ❑ ❑ ❑ Abstain ❑ ❑ ❑ ❑ ❑ Absent ❑ ❑ ❑ ❑ ❑ Frank Boyles, City Manager 2 O� PRION U 4646 Dakota Street SE '�NNB50�P Prior Lake,MN 55372 RESOLUTION 14-xxx A RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE AN ADDENDUM TO THE CIVIL DEFENSE TOWER ANTENNA AGREEMENT WITH VERIZON WIRELESS (VAW) LLC D/B/A VERIZON WIRELESS FOR THE WILDS PARKWAY CIVIL DEFENSE TOWER PROPERTY Motion By: Second By: WHEREAS, Various cellular companies have located their antennae equipment on City property and water towers; and WHEREAS, The public safety, health and welfare is served when cell phone coverage is uniform and unbroken; and WHEREAS, The City and Verizon Wireless(VAW) LLC d/b/a Verizon Wireless are parties to a Civil Defense Tower Antenna Agreement relating to City property and the Wilds Parkway civil defense tower located at 14998 Wilds Parkway NW, Prior Lake Minnesota, 55372 (Verizon site ID MIN Blackjack); and WHEREAS, Verizon Wireless (VAW) LLC d/b/a Verizon Wireless desires to upgrade antenna and install additional equipment at the Wilds Parkway Civil Defense Tower property for the sole benefit of it's customers and subscribers; and WHEREAS, Verizon Wireless (VAW) LLC d/b/a Verizon Wireless is installing and maintaining the antenna and additional equipment will be located on/in the civil defense tower, within an existing utility easement and in Verizon's Equipment Shelter; and WHEREAS, The City Attorney and City Staff have developed an "Amendment" to the existing antenna agreement; and WHEREAS, Verizon Wireless (VAW) LLC d/b/a Verizon Wireless has executed said Agreement, NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, MINNESOTA as follows: 1. The recitals set forth above are incorporated herein. 2. The City Council hereby approves the"Amendment No. 1 to Civil Defense Tower Antennae Agreement" prepared by the City Attorney and City Staff. 3. The Mayor and City Manager are hereby authorized to execute the "Amendment No. 1 to Civil Defense Tower Antennae Agreement"on behalf of the City. PASSED AND ADOPTED THIS 8th DAY OF DECEMBER 2014. VOTE Hedberq Keeney McGuire Morton Soukup Aye ❑ ❑ ❑ ❑ ❑ Nay ❑ ❑ ❑ ❑ ❑ Abstain ❑ ❑ ❑ ❑ ❑ Absent ❑ ❑ ❑ ❑ ❑ Frank Boyles, City Manager 2