HomeMy WebLinkAbout5J Verizon Cedarwood Lease Amend 7 Report
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: DECEMBER 12, 2016
AGENDA #: 5J
PREPARED BY: NICK ZURBEY, PUBLIC WORKS TECHNICIAN
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
WATER TOWER AGREEMENT WITH VERIZON FOR THE
CEDARWOOD STREET WATER TOWER PROPERTY
DISCUSSION: Introduction
The purpose of this agenda item is to consider executing an amendment to
the Water Tower Antenna Agreement with Verizon to grant them a utility
easement for fiber upgrades at the Cedarwood Street water tower.
History
The City and Verizon 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 March 27,
1997.
Current Circumstances
Verizon, along with 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 underground utilities that include
adding fiber connectivity to their shelters at the City’s Cedarwood Street
water tower. The original agreement and subsequent amendments did not
include utility easements; therefore, an amendment was determined to be
appropriate.
Conclusion
The City Attorney reviewed the information and prepared the amendment
to the existing agreement 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 few years, several companies have
been upgrading their antenna and shelter equipment.
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. However, based on the review of the agreement by the City
Attorney, it was determined that an amendment to the original agreement
is needed to grant a nonexclusive utility easement for the installation of a
new underground fiber optic line.
A copy of the partially executed amendment is included with this agenda
report.
FINANCIAL
IMPACT:
A onetime fee was collected for the utility easement.
ALTERNATIVES: 1. Approval of a resolution as part of the consent agenda authorizing the
Mayor and City Manager to execute an amendment to the Verizon
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 VERIZON FOR THE
CEDARWOOD 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 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 (Verizon site ID MINC MYSTIC LAKE); and
WHEREAS, Verizon desires to obtain a utility easement to install fiber optic cable at the
Cedarwood Street water tower property for the sole benefit of it’s customers and
subscribers; and
WHEREAS, Verizon is installing and maintaining the fiber optic cable and additional
equipment will be located on the water tower property, within the proposed 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 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.
C:\Users\aschroeder\Desktop\16-XXX Verizon Cedarwood Lease Amend 7.docx 2
PASSED AND ADOPTED THIS 12th DAY OF DECEMBER 2016.
VOTE Hedberg Keeney McGuire Morton Thompson
Aye ☐ ☐ ☐ ☐ ☐
Nay ☐ ☐ ☐ ☐ ☐
Abstain ☐ ☐ ☐ ☐ ☐
Absent ☐ ☐ ☐ ☐ ☐
______________________________
Frank Boyles, City Manager