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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 />Councilmember Elvig suggested the possibility of reducing the $200,000 by a reasonable <br />monthly rent amount. He concurred that Cingular will be receiving the value of cornering a <br />market in this area. <br /> <br />Community Development Director Trudgeon explained the water tower at 167th Avenue does not <br />serve the needs of Cingular, and it is full. There are a couple of small pocket parks that are not <br />appropriate locations in the area needed for the tower. <br /> <br />Councilmember Strommen indicated her preference would be to strike condition number 4 from <br />the LOU. <br /> <br />City Administrator Norman advised there is one thing working in the City's favor with this LOU. <br />Although Cingular has no real reason to move the tower after this is approved, at some point they <br />will be coming back to the City for another tower permit. <br /> <br />Councilmember Jeffrey reiterated his concern regarding condition number 4. <br /> <br />City Attorney Goodrich suggested condition number 4 be amended to state "The City, as a part <br />of the lease agreement with Cingular Wireless, will eme~ consider entering into a rent abatement <br />agreement to make Cingular Wireless whole again for their financial investment in the current <br />cell site on private property (estimated total cost of $200,000)." He noted the statement included <br />in the LOU that this is not a binding agreement. He advised in addition to this amendment to <br />condition number 4 should be the amendment to condition number 2 that this be subject to any <br />City Code restrictions. <br /> <br />Motion by Councilmember Elvig, seconded by Councilmember Cook, to enter into the Letter of <br />Understanding with Cingular Wireless, Inc., with the following amendments: <br /> <br />Condition No. 2: The City will provide Cingular Wireless the first choice of mounting position <br />on the water tower if there are any other commercial wireless communication carriers interested <br />in going on the proposed water tower, subject to any City Code restrictions. <br /> <br />Condition No. 4: The City, as a part of the lease agreement with Cingular Wireless, will eme~ <br />consider entering into a rent abatement agreement to make Cingular Wireless whole again for <br />their financial investment in the current cell site on private property (estimated total cost of <br />$200,000). <br /> <br />Motion carried. Voting Yes: Mayor Gamec, Councilmembers Elvig, Cook, Jeffrey, Olson, <br />Pearson, and Strommen. Voting No: None. <br /> <br />City Council / May 9, 2006 <br /> Page 17 of 31 <br /> <br /> <br />