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HomeMy WebLinkAbout5J Amend ATT Tower St Lease Phone 952.447.9800 / Fax 952.447.4245 / www.cityofpriorlake.com 4646 Dakota Street SE Prior Lake, MN 55372 CITY COUNCIL AGENDA REPORT MEETING DATE: JULY 25, 2016 AGENDA #: 5J PREPARED BY: KATY GEHLER, PUBLIC WORKS & NATURAL RESOURCES DIRECTOR PRESENTED BY: KATY GEHLER AGENDA ITEM: CONSIDER APPROVAL OF A RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE AN AMENDMENT TO THE AT&T WATER TOWER ANTENNA AGREEMENT AT THE CEDARWOOD STREET WATER TOWER DISCUSSION: Introduction The purpose of this agenda item is to consider executing an amendment to the Water Tower Antenna Agreement with New Cingular Wireless PCS, LLC (AT&T) to allow them to install additional equipment on the Cedarwood Street water tower. History The City and AT&T are parties to a Water Tower Antenna Agreement relating to installation of communications antennas on the Cedarwood Street water tower. The original agreement was entered into on May 1, 2002. Current Circumstances AT&T, 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. The original agreement did not anticipate the new equipement, therefore an amendment was determined to be appropriate. Conclusion The City Attorney reviewed the information and prepared the amendment to the existing agreement with AT&T. 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. Newer technologies require the mounting of additional equipment near the antenna on the water tower with cabled connections. 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 agreement would be appropriate. A copy of the partially executed amendment is included with this agenda report. FINANCIAL IMPACT: The current annual rent amount will be raised by $2,000 to $22,364.52. ALTERNATIVES: 1. Approval of a resolution as part of the consent agenda authorizing the Mayor and City Manager to execute an amendment to the AT&T Water Tower Antenna Agreement. 2. Remove this item from the consent agenda for additional discussion.. RECOMMENDED MOTION: Alternative #1 4646 Dakota Street SE Prior Lake, MN 55372 RESOLUTION 16-xxx A RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE AN AMENDMENT TO THE WATER TOWER ANTENNA AGREEMENT WITH AT&T FOR THE CEDARWOOD ST. 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 New Cingular Wireless PCS, LLC (AT&T) are parties to a Water Tower Antenna Agreement relating to City property and the Cedarwood Street water tower located at 5560 Cedarwood Street, Prior Lake Minnesota, 55372 (AT&T site ID FA# 10081745); and WHEREAS, AT&T desires to upgrade antenna and install additional equipment at the Cedarwood Street Water Tower property for the sole benefit of it’s customers and subscribers; and WHEREAS, AT&T is installing antenna and additional equipment which will be located on/in the water tower and in the AT&T Equipment Shelter; and WHEREAS, The City Attorney and City Staff have developed an ”Amendment” to the existing antenna agreement; and WHEREAS, AT&T 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 to Water Tower Agreement” prepared by the City Attorney and City Staff. 3. The Mayor and City Manager are hereby authorized to execute the “Amendment to Water Tower Agreement” on behalf of the City. N:\City Council\Resolutions\2016\Amend ATT Tower St Lease - RES.docx 2 PASSED AND ADOPTED THIS 25th DAY OF JULY 2016. ______________________________ Frank Boyles, City Manager VOTE Hedberg Keeney McGuire Morton Thompson Aye ☐ ☐ ☐ ☐ ☐ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐