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MINUTES <br />City Council <br />Jan. 25, 1989 <br />Cellular One <br />(Cont.) <br />or~ the tenant have the right to cancel. <br />The Council discussed the fact that the lease pr•ovides that the amount <br />of rent is based on the Consumer Pr•ice Index, with the Council feeling <br />that the amount of r•ent, which would be negotiated at the 5 year~ renewal <br />options, should be based. on competitive rates. <br />Fahey suggested that the City Attorney work out the details of the <br />lease with Cellular One and bring it back to the Council. <br />Blesener pointed out that the City would like to be paid an equitable <br />amount for~ the lease, and also have the option that if ther•e are any <br />serious problems, the City could terminate the lease. <br />Scalze agreed. <br />LaValle pointed out that if ther•e are ser~ious problems with interference <br />with TV reception or emergency broadcasting, the FCC will address these. <br />Mr. Fahey introduced the following r~esolution and moved its adoption: <br />RESOLUTION N0. 89-1-28 - APPROVING THE CONDITIONAL <br />USE PERMIT REQUESTED BY CELLULAR ONE FOR USE OF <br />THE CITY'S WATER TOWER AS A TRANSMISSION FACILITY <br />AT A RENT OF $600.00 PER MONTH AUTHORIZING THE <br />CITY ATTORNEY TO IdORK OUT A SATISFACTORY LEASE <br />AGREEMENT WITH CELLULAR ONE AND SUBJGCT TO <br />APPROPRIATE LANDSCAP~NG AMD SCREENING OF THE <br />EQUIPMEPlT SHELTER, IdITH FINAL APPROVAL FOR THE <br />LOCATION OF TNAT BUILDING TO BE APPROVED BY THE <br />BUILDING INSPECTOR AND PU~LIC IdORKS SUPERINTENDENT <br />Char•les <br />Weber <br />Rezoning <br />Agenda <br />Item No. 6 <br />> <br />Nays (0). <br />Resolution declared ad.opted. <br />This r•esolution appears in Resolution Book No. 21, Pages 29 and 30. <br />The foreqoing r~esolution was duly seconded by Mr~. Blesener•. <br />Ayes (5) Fahey Blesener, Scalze, Collova, LaValle. <br />Fahey op~ned the Public Hear•ing to consider the Charles Weber request <br />to rezone his property at 2962 Rice Str~eet from Q-3 to I-1. Fahey <br />repor•ted that the Planning Commission denied the r•ezoning r•equest <br />taking the position that the Weber pr•oper~ty was a legally-conforming <br />lot and could be developed as B-3 pr•operty. Fahey pointed out that <br />Mr•. Weber's attorney had commented at the Planning Commission that this <br />alternative was acceptable as long as the City took the position that <br />the proper•ty was a legally-conforming lot. The bleber lot has 71 feet <br />of frontage on Rice Str~eet, while City Code requires 100 feet of <br />fr•ontage. <br />Weber stated that he was not opposed to the property remaining zoned <br />B-3 as long as the City made the statement that the lot was conforming <br />and could be developed. <br />Page -8- <br />