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Councilmember Strommen questioned condition number 4, noting Cingular is receiving a benefit <br />by currently locating on the site. <br /> <br />Councilmember Cook suggested condition number 4 could be prorated according to the number <br />of years the tower has been in place. <br /> <br />Councilmember Jeffrey stated by putting their tower in today, Cingular will be able to sell more <br />of a market share in th/s territory. By making Cingular Wireless whole again in their financial <br />investment when the tower is relocated, the City will be paying for the gain in market share. He <br />expressed concern with Cingular benefiting at the taxpayers' expense. He indicated he would <br />consider this LOU if condition number 4 were to be removed; if Cingular wants to put their <br />tower in early they should pay the price. <br /> <br />Councilmember Cook noted this case requires a variance, as there is not enough land for the <br />tower. <br /> <br />Community Development Director Trudgeon explained the variance has been approved by the <br />Board of Adjustment. There has been a lot of discussion about reviewing the City's current <br />ordinance in relation to monopole towers, and this will be done. However, at this time they must <br />abide by the ordinance that is currently in place, and Cingular meets the requirements with the <br />variance under the code. Staff reviewed other land in this area, and there was not a viable <br />alternative currently on public land to locate the tower. This LOU could bridge the gap when the <br />tower can be relocated to public land. <br /> <br />City Attorney Goodrich advised condition number 2 should include a statement that it is subject <br />to any City Code restrictions. <br /> <br />Councilmember Elvig inquired about the rationale for the $200,000 included in condition <br />number 4. <br /> <br />City Administrator Norman explained the tower that will be built by Cingular will be at a cost of <br />$200,000. Perhaps the next time Cingular applies for a permit the water tower may be built; the <br />$200,000 could possibly be covered by free rent until it is met. <br /> <br />Councilmember Strommen reiterated the concern that Cingular will be realizing the benefit of <br />the tower that will be built on private land until the water tower is built, with the City <br />reimbursing them for that cost. <br /> <br />Councilmember Olson stressed the concern that by Cingular building the tower on private <br />property currently they will be making inroads into the market in this area. If the City pays <br />Cingular back for the cost of their tower, the City is in effect subsidizing a private company who <br />is in competition with other private companies that the City is not subsidizing. <br /> <br />City Administrator Norman indicated he understands the concern; however there is not a viable <br />alternate location for the tower at this time. <br /> <br /> City Council / May 9, 2006 <br /> Page 16 of 30 <br />-62- <br /> <br /> <br />