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Telecorp Lease - Murhpy Park AnCITY OF DUBUQUE, IOWA MEMORANDUM June 22, 2001 TO: FROM: SUBJECT: The Honorable Mayor and City Council Members Michael C. Van Milligen, City Manager Telecorp Lease - Murphy Park Antenna Cable Franchise Administrator Merrill Crawford is recommending that a public hearing be set for July 16, 2001, to consider the lease with Telecorp to construct a cellular antenna monopole at Mdrphy Park. I concur with the recommendation and respectfully request Mayor and City Council approval. MCVM/jh Attachment cc: Barry Lindah!, Corporation Counsel Cindy Steinhauser, Assistant City Manager Merrill Crawford, Cable Franchise Administrator Preparer: Merrill Crawford, Cable Franchise Administrator Address: City Hall Annex, 1300 Main Street, Dubuque, IA 52001-4732 Telephone: (563) 589-4181 RESOLUTION NO. 300-01 A RESOLUTION OF THE CITY'S INTENT TO DISPOSE OF INTEREST IN PROPERTY DESCRIBED IN A LEASE BETWEEN THE CITY OF DUBUQUE, IOWA AND TELECORP REALTY, LLC FOR THE INSTALLATION AND OPERATION OF A WIRELESS TELECOMMUNICATION FACILITY Whereas, the City Council of the City of Dubuque, Iowa encourages the expansion of wireless telecommunications services to its citizens, businesses, and institutions, while at the same time minimizing safety and aesthetic concerns posed by the construction of new towers and monopoles in residential areas; and Whereas, Telecorp Realty, LLC is the holder of a current Federal Communications Commission license to provide certain wireless telecommunication services for sale in and around the City of Dubuque; and Whereas, Telecorp Realty, LLC desires to expand its signal coverage area and enhance the quality and capacity of its technical infrastructure by installing and operating a wireless telecommunication antennae facility on land owned by the City of Dubuque, identified as site L-8, and located within Louis Murphy Park at 1700 South Grandview Avenue in Dubuque; and Whereas, The City of Dubuque desires to lease to Telecorp Realty, LLC certain space at site L-8 within Louis Murphy Park for the purpose of installation and operation of a wireless telecommunication antenna facility which includes a monopole tower, conditioned upon the terms of a lease agreement, a copy of which is attached hereto, and which the City Council finds beneficial to the community. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque, Iowa, intends to dispose of an interest in the property described in the proposed lease agreement with Telecorp Realty, LLC, under the conditions stipulated in the lease agreement; and Section 2. That the City Clerk is hereby authorized and directed to cause a notice to be published of the proposed lease agreement in the manner prescribed by law. Passed, approved and adopted this 2nd day of July, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk F:\USERS\ Cable Television Division City Hall Annex, 1300 Main Sheet Dubuque, Iowa 52001 (319) 5894181 June 21, 2001 MEMO TO: Michael C. Van Milligen, City Manager FROM: Merrill Crawford, Cable Franchise Administrator SUBJECT: Proposed Telecorp Lease for a Wireless Facility in Murphy Park INTRODUCTION: The purpose of this memorandum is to recommend that the City Council set a July 16 public hearing to consider leasing land in Louis Murphy Park to Telecorp Realty LLC, who would construct and operate a wireless telecommunication antenna facility mounted on a monopole tower. BACKGROUND: Telecorp Realty, LLC is an affiliate of AT&T who constructs and operates wireless telecommunication antenna facilities and networks across the United States. They serve the general public, business and industry with cellular telephone service and related wireless services. Telecorp is one of at least seven such companies currently building or considering wireless networks in and around Dubuque. On April 2, 2001, the City Council approved a lease to Telecorp of space on and adjacent to the City's water tower at 1525 West Third Street for a wireless telecommunication antenna facility. Constmctinn is currently underway in accordance with that lease. Last winter, Telecorp representatives also began looking for a site within a search ring on high ground rOughly between Mtl Carmel and Dodge Street to provide reliable wireless signals over the southern part of the City, and particularly along US Highway 61 in the Kerrigan Hill ravine rutming north and south from South Grandview Avenue. They considered private property for potential tower sites and for potential rooftop sites. They also approached the City regarding the possibility of erecting a monopole tower, with antennae and equipment cabinets, within and near the western border of Louis Murphy Park, north of the tennis courts. As Telecorp investigated its options, City staff also considered the relative merits of various sites, particularly potential tower sites, along the scenic and view-sensitive bluffs in the southern portion of the City. We compared the potential visual impact of the proposed Murphy Park site to other possible locations along the ridge, looked at signal coverage and the potential for co-location, and considered the degree of control the City could maintain over the site as landlord, versus a similar site on private property. We reached the conclusion that, if a communication tower needs to be placed somewhere within the search ring along South Grandview, the proposed Murphy Park location would clearly be the best site and a monopole would be the preferred style. Service People Integrity Responsibility Innovation Teamwork Over a period of months, and dealing with a variety of company representatives, we negotiated the terms of a proposed lease for a wireless telecommunication antenna facility in Murphy Park. Highlights of the Proposed Lease Term: Ten years, with up to three optional 5-year extensions Base Rent: $9,600/year (initially), payable at the beginning of each rent year Additional Rent: $2,700/year (initially) per co-locator. Each proposed co-locator subject to City approval Annual Escalator: the greater of 3 percent or the CPI, applicable both to the Base Rent and to the Additional Rent Performance Bond: $10,000 Tower: monopole, of the maximum height permitted without requiring lights or hazard markings, but not to exceed 190 ft. Tower and antennas painted to match the nearby power pylons in the park. Support equipment: in secure weathertight cabinets mounted on the ground within security fence perimeter, with the fence and compound screened by natural shrubbery and trees approved by the City. Leased premises: 100' x 100' parcel, plus access and utility easements If the lease is approved by the City Council, the proposed project would be subject to review and approval of the Zoning Board of Adjustment. RECOMMENDED ACTION: The Recommended Action is that the City Council, at their July 2, 2001 meeting, set a Public Hearing for their July 16, 2001 for the purpose of considering and acting upon the proposed lease. cc: Barry Lindahl, Corporation Counsel Tim O'Brien, Assistant City Attorney Gil Spence, Leisure Services Manager Jokn Hail, Park Division Manager