HomeMy WebLinkAbout5I Amend ATT Tower St Lease 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 4, 2017
AGENDA #: 5I
PREPARED BY: NICK ZURBEY, PUBLIC WORKS TECHNICIAN
PRESENTED BY: JASON WEDEL
AGENDA ITEM: CONSIDER APPROVAL OF A RESOLUTION AUTHORIZING THE
MAYOR AND CITY MANAGER TO EXECUTE AN AMENDMENT TO THE
NEW CINGULAR WIRELESS PCS, LLC (“AT&T”) WATER TOWER
ANTENNA AGREEMENT AT THE TOWER STREET WATER TOWER
DISCUSSION: Introduction
The purpose of this agenda item is to consider executing an amendment to
the Water Tower Antenna Agreement with AT&T to grant them utility
easements and access easements at the Tower 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 Tower Street
water tower. The original agreement was entered into on October 30, 2006
as amended by Amendment 1 to Water Tower Antennae Agreement dated
February 8, 2016 “Antennae Agreement”.
Current Circumstances
AT&T submitted plans for installing fiber through existing conduit this
summer but a review of the plans revealed that their claimed easements
did not match the easements granted in the original lease and the existing
underground utilities, including the existing conduit, were not actually
installed in the easements.
To remedy the situation and clarify AT&T’s easement rights to the property,
the best course of action was determined to be to amend the lease to
replace the lease area for the equipment shelter and the easements
granted in the Antennae Agreement with the lease area and easement
described on Exhibit B and depicted in Exhibit C of the proposed
Amendment.
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. The increase in data services and newer technologies
have required cellular networks to utilize fiber optic cable or microwave to
facilitate the increased transmission of data.
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 clarify AT&T’s easement rights for the Tower Street Water
Tower property prior to the installation of a new underground fiber optic
line.
A copy of the partially executed amendment is included with this agenda
report.
FINANCIAL
IMPACT:
Onetime fee of $1,125.12 for utility easements
ALTERNATIVES: 1. Motion and second to approve 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. Motion and second to remove this item from the consent agenda for
additional discussion.
RECOMMENDED
MOTION:
Alternative #1
4646 Dakota Street SE
Prior Lake, MN 55372
RESOLUTION 17-___
A RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE AN
AMENDMENT TO THE WATER TOWER ANTENNA AGREEMENT WITH AT&T 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 New Cingular Wireless PCS, LLC (“AT&T”) 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 (AT&T site ID
10111975); and
WHEREAS, AT&T desires to obtain a utility easement to install fiber optic able at the Tower
Street Water Tower property for the sole benefit of it’s customers and
subscribers; and
WHEREAS, AT&T is installing and maintaining the fiber optic cable and additional equipment
will be located on the water tower property, within the proposed utility easements
and in AT&T’s 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 2 to Water Tower Antennae Agreement”
prepared by the City Attorney and City Staff.
3. The Mayor and City Manager are hereby authorized to execute the “Amendment 2 to Water
Tower Antennae Agreement” on behalf of the City.
2
PASSED AND ADOPTED THIS 4th DAY OF DECEMBER 2017
______________________________
Frank Boyles, City Manager
VOTE Briggs Braid McGuire Burkart Thompson
Aye ☐ ☐ ☐ ☐ ☐
Nay ☐ ☐ ☐ ☐ ☐
Abstain ☐☐ ☐ ☐ ☐
Absent ☐☐ ☐ ☐ ☐