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HomeMy WebLinkAbout05(G) - Resolution Approving Lease Agreement with AT&T at the Tower Street Water Tower ReportITEM: 5GCITYCOUNCILAGENDAREPORT MEETING DATE: August 25, 2026 PREPARED BY: Nick Zurbey, GIS Coordinator PRESENTED BY: Nick Monserud, Public Works Director/City Engineer AGENDA ITEM: Resolution Approving Lease Agreement with AT&T at the Tower Street Water Tower RECOMMENDED ACTION: Adopt aresolution authorizing the Mayor and City Manager to execute aCommunication Facilities Lease Agreement with AT&T at the Tower Street Water Tower. BACKGROUND: The purpose of this agenda item is to consider executing a Communication Facilities Lease Agreement with AT&Tfor use of the Tower Street Water Tower for a term of 5years with the option for AT&T to renew for two additional 5-year terms (15 years total). The City and AT&T are parties to a Water Tower Antennae Agreement relating to the installation of communications antennas on the Tower Street Water Tower and leased space for a ground shelter on the property located at 4741 Tower Street SE. An original agreement was entered into October 30, 2006 and amended February 8, 2016 (Amendment 1), December 4, 2017 Amendment 2), January 22, 2017 (Amendment 3), July 20, 2020 (Amendment 4), January 3, 2022 (Amendment 5), August 1, 2022 (Amendment 6), June 25, 2024 (Amendment 7), January 28, 2025 (Amendment 8) and April 14, 2026 (Amendment 9). Due to the changing nature oftechnology in the field of wireless communications, the language and terms of the expiring agreement needed to be changed to address today’s current technology and be open to meeting potential future changes. Inthe past, leases allowed for a specific number of antennas. However, with changes in technology and the rise of data services, there is now a significant amount of non-antenna equipment being mounted on the towers. As a result, communications companies will now be leased for the current configuration of equipment mounted. Any changes will need tobe reviewed to determine whether an amendment isneeded and ifchanges are significant enough to warrant a rent increase for any additional weight or space being occupied by the tenant. The City Attorney and Staff have negotiated the terms of the new lease agreement with AT&T, and AT&T has executed said agreement. FINANCIAL IMPACT: The annual rent will be $45,957.45 with a 3% annual escalator. ALTERNATIVES: 1. Motion and second as part of the consent agenda to adopt a resolution authorizing the Mayor and City Manager to execute a Communication Facilities Lease Agreement with AT&T for the Tower Street Water Tower. City ofPrior Lake | 4646 Dakota Street SE | Prior Lake MN 55372 Item 5G Page | 2 2. Motion and second to remove this item from the consent agenda for additional discussion. ATTACHMENTS: 1. Resolution 2. AT&T Tower St Lease Agreement - Partial 4646 Dakota Street SE Prior Lake, MN 55372 RESOLUTION 26- A RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE A COMMUNICATION FACILITIES LEASE AGREEMENT WITH AT&T FOR THE TOWER STREET WATER TOWER PROPERTY Motion By: Second By: WHEREAS, various cellular companies have located their antenna 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, a Delaware limited liability company (“AT&T”) are parties to a Water Tower Antennae Agreement relating to City property and the Tower St Water Tower located at 4741 Tower Street SE, Prior Lake, Minnesota 55372 (AT&T site ID 10111975); and WHEREAS, AT&T’s current lease expires on August 31, 2026; and WHEREAS, AT&Tdesires tocontinue to lease sapce at the water tower property, which includes attaching antenna and other equipment on the water tower, leased ground space for an equipment shelter and generator, and easements for access and utilities; and WHEREAS, the City Attorney and City Staff have negotiated and prepared a new lease agreement with AT&T; and WHEREAS, AT&Thas 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 “Communication Facilities Lease Agreement” prepared by the City Attorney and City Staff. 3. The Mayor and City Manager are hereby authorized to execute the “Communication Facilities Lease Agreement” on behalf of the City. Passed and adopted by the Prior Lake City Council this 25th day ofAugust 2026. VOTE Briggs Braid Churchill Lake Hellier Aye Nay Abstain Absent Jason Wedel, City Manager C:\\Users\\hsimon\\AppData\\Local\\Temp\\20260825 ATT Tower St Lease Renew - RES_678569\\20260825 ATT Tower St Lease Renew - RES.docx 2