Minutes - Council - 05/09/2006 - Laserfiche WebLink

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into good faith discussions and negotiations to decommission and remove their cell site on private property and move their cell site to the proposed water tower assuming four conditions. City Attorney Goodrich noted condition number 2 would need to be subject to any City Code restrictions. He would also like to review condition number 3. Councilmember Strommen questioned condition number 4, noting Cingular is receiving a benefit by currently locating on the site. Councilmember Cook suggested condition number 4 could be prorated according to the number of years the tower has been in place. Councilmember Jeffrey stated by putting their tower in today, Cingular will be able to sell more of a market share in this territory. By making Cingular Wireless whole again in their financial investment when the tower is relocated, the City will be paying for the gain in market share. He expressed concern with Cingular benefiting at the taxpayers' expense. He indicated he would consider this LOU if condition number 4 were to be removed; if Cingular wants to put their tower in early they should pay the price. Councilmember Cook noted this case requires a variance, as there is not enough land for the tower. Community Development Director Trudgeon explained the variance has been approved by the Board of Adjustment. There has been a lot of discussion about reviewing the City's current ordinance in relation to monopole towers, and this will be done. However, at this time they must abide by the ordinance that is currently in place, and Cingular meets the requirements with the variance under the code. Staff reviewed other land in this area, and there was not a viable alternative currently on public land to locate the tower. This LOU could bridge the gap when the tower can be relocated to public land. City Attomey Goodrich advised condition number 2 should include a statement that it is subject to any City Code restrictions. Councilmember Elvig inquired about the rationale for the $200,000 included in condition number 4. City Administrator Norman explained the tower that will be built by Cingular will be at a cost of $200,000. Perhaps the next time Cingular applies for a permit the water tower may be built; the $200,000 could possibly be covered by free rent until it is met. Councilmember Strommen reiterated the concem that Cingular will be realizing the benefit of the tower that will be built on private land until the water tower is built, with the City reimbursing them for that cost. Councilmember Olson stressed the concem that by Cingular building the tower on private property currently they will be making inroads into the market in this area. If the City pays City Council / May 9, 2006 Page 16 of 31