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HomeMy WebLinkAbout5F Amend Sprint Tower St Lease - REP 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: JUNE 3, 2019 AGENDA #: 5F PREPARED BY: NICK ZURBEY, PUBLIC WORKS TECHNICIAN PRESENTED BY: ANDY BROTZLER, PUBLIC WORKS DIRECTOR/CITY ENGINEER AGENDA ITEM: CONSIDER APPROVAL OF A RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE AN AMENDMENT TO THE WATER TOWER ANTENNAE AGREEMENT WITH SPRINT FOR THE TOWER STREET WATER TOWER PROPERTY DISCUSSION: Introduction The purpose of this agenda item is to consider executing an amendment to the Water Tower Antennae Agreement with Sprint Spectrum Realty Company, LLC, a Delaware limited liability company (“Sprint”) to allow them to install additional equipment on the Tower St Water Tower located at 4741 Tower Street, Prior Lake, Minnesota 55372 (Sprint site ID MS14XC883). History The City and Sprint are parties to a Water Tower Antennae Agreement relating to installation of communications antennas on the Tower Street W ater Tower and leased space for a ground shelter. The original agreement was entered into July 27, 2000, as amended by the Amendment to Water Tower Antennae Agreement dated April 28, 2014 and by the Second Amendment to Water Tower Antennae Agreement dated August 24, 2015. Current Circumstances Sprint, along with the other communications companies, require upgrades to their antenna and equipment as technology for cellular services around the nation improve. They would like to upgrade their equipment at the Tower St Water Tower which includes adding additional equipment on the City’s water tower. The agreement requires an amendment for any additions or non like kind changes to the equipment mounted on the water tower. 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 leases have provisions to 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 agreement 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 $1,560. 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 Sprint Water Tower Antennae 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 19-___ A RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE AN AMENDMENT TO THE WATER TOWER ANTENNAE AGREEMENT WITH SPRINT 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 Sprint Spectrum Realty Company, LLC, a Delaware limited liability company (“Sprint”) are parties to a Water Tower Antennae Agreement relating to City property and the Tower St W ater Tower located at 4741 Tower Street, Prior Lake, Minnesota 55372 (Sprint site ID MS14XC883); and WHEREAS, Sprint desires to install additional equipment at the Tower Street Water Tower property for the sole benefit of its customers and subscribers; and WHEREAS, Sprint is installing additional equipment which will be located on the water tower and in the Sprint Equipment Shelter; and WHEREAS, The City Attorney and City Staff have developed an “Amendment” to the existing lease agreement; and WHEREAS, Sprint 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 Antennae 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 Antennae Agreement” on behalf of the City. http://splash/teams/am/October 4 2010/06 03 2019/Amend Sprint Tower St Lease - RES.docx 2 Passed and adopted by the Prior Lake City Council this 3rd day of May 2019 VOTE Briggs Thompson Burkart Braid Erickson Aye ☐ ☐ ☐ ☐ ☐ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ ______________________________ Michael Plante, City Manager