03/12/2001 Council Packet - Laserfiche WebLink

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AGENDA ITEM NO. 6A STAFF ORIGINATOR: Rick DeGardner, Public Services Director • COUNCIL MEETING DATE: March 12, 2001 TOPIC: Consideration of Easement Agreement with Qwest Wireless, LLC VOTE REQUIRED: Simple Majority BACKGROUND: In December, 2000 Qwest Wireless LLC submitted a request for the City to rezone City Hall Park to Public Semi - Public (PSP). This was approved at the February 28, 2001 City Council meeting. The City has received a formal application from Qwest Wireless LLC to construct a 135 foot high tower for antennae for wireless telephone service at City Hall Park. The Federal Communications Act of 1996 requires that the City regulations, "shall not prohibit or have the effect of prohibiting the provision of personal wireless services." Gary Lysiak, the city's consulting engineer, presented his analysis at the February 28, 2001 City Council meeting indicating that the proposed monopole at City Hall Park is necessary for Qwest Wireless LLC to provide adequate service to its customers. The Easement Agreement indicates that Qwest Wireless LLC will construct and maintain the 135 foot tower. The tower will be designed and constructed in such a manner to support two additional colocators. Upon completion, the tower will become the City of Lino Lakes' property. In exchange for ownership of the tower, the City will grant Qwest Wireless LLC an easement to access the tower and related equipment. Rent will not be charged. Since the City will maintain ownership, rent can be charged to other wireless telephone companies who wish to colocate on the tower. Annual rents for colocating on similar towers are currently around $16,000. Gary Lysiak, our Consulting Engineer and the City Attorney have reviewed the proposed Easement Agreement. Access to the tower and equipment will be via the Public Works parking lot. Exhibit B, "Description of the Easement Tract and Access Route," will be legally described and included in the Easement Agreement. OPTIONS: 1. Approve Easement Agreement with Qwest Wireless, LLC 2. Do not approve Easement Agreement 3. Return to staff for further review. • RECOMMENDATION: Option 1 3/7/01 RD /Util /monopole /greensheet Qwest