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Dubuque Cellular Telephone Co. Lease of W. 3rd Street• • RESOLUTION NO. 40 - 99 A RESOLUTION ADVISING OF THE CITY'S INTENT TO DISPOSE OF INTEREST IN THE PROPERTY DESCRIBED IN A LEASE BETWEEN THE CITY OF DUBUQUE, IOWA, AND DUBUQUE CELLULAR TELEPHONE, L.P. FOR THE INSTALLATION AND OPERATION OF A WIRELESS COMMUNICATION 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, Dubuque Cellular Telephone, L.P. (d/b/a United States Cellular Wireless Communications) is the holder of a current Federal Communications Commission license to provide certain telecommunications services for sale in and around the city of Dubuque, and WHEREAS, Dubuque Cellular Telephone desires to upgrade and enhance the quality of its services and the capacity of its technical infrastructure by installing and operating a wireless telecommunication antenna facility on or near a water tower owned by the City of Dubuque, identified as site W-2, and located at 1575 West Third Street in Dubuque, and WHEREAS, the City of Dubuque desires to lease to Dubuque Cellular Telephone certain space on the water tower site W-2 catwalk, along with adjacent ground space, for the purpose of installation and operation of a wireless telecommunication facility, and WHEREAS, representatives of Dubuque Cellular Telephone and of the City of Dubuque have negotiated terms for such a lease. 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 interest in the property described in the proposed lease agreement with Dubuque Cellular Telephone, L.P. under the conditions stipulated in the lease agreement. 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 18th day of January Attest: MAA. DAVIS City Jerk , 1999. • • CITY OF DUBUQUE, IOWA MEMORANDUM January 13, 1999 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Proposed Lease of Space for Telecommunication Antenna Facility on West Third Street Water Tower Cable Franchise Administrator Merrill Crawford is recommending that a public hearing be set for February 1, 1999, for the City Council to consider leasing space on the West Third Street water tower and adjacent ground space, to Dubuque Cellular Telephone, ., to support a wireless telecommunication antenna facility. I concur with the recommendation and respectfully request Mayor and City Council approval. ichael C. Van Milligen MCVM/j Attachment cc: Barry Lindahl, Corporation Counsel Tim Moerman, Assistant City Manager Merrill Crawford, Cable Franchise Administrator vmol '3nononu )N310 X110 SIMM'v ),A1Viti 11S OT 1,J9 NY 66. • • CITY OF DUBUQUE, IOWA MEMORANDUM January 12, 1999 MEMO TO: Michael C. Van Milligen, City Manager FROM: Merrill Crawford, Cable Franchise Administrator SUBJECT: Proposed Lease of Space for Telecommunication Antenna Facility On West Third Street Water Tower INTRODUCTION: The purpose of this memorandum is to request that a public hearing be set for the February 1, 1999 City Council meeting to consider leasing space on the West 3rd St. Water tower, and adjacent ground space, to Dubuque Cellular Telephone, L.P. to support a wireless telecommunication antenna facility. BACKGROUND: Recent changes in technology and telecommunication law have rapidly accelerated the development of new wireless telecommunication services which are in heavy demand by business, industry, government, education, and individual consumers. Many of these services require networks of transmitting and receiving antennas communicating from specific locations at varying heights above the ground, mounted on towers, rooftops, tall structures or natural high ground. These antenna arrays are usually accompanied by small buildings or other enclosures housing electronic equipment and served by power and other utilities. Dubuque Cellular Telephone, L.P. (d.b.a. United States Cellular Wireless Communications) and Alltel are the two established cellular telephone service providers holding FCC licenses to serve the Dubuque area. To increase signal quality and capacity to carry telecommunications traffic, and to meet anticipated competition from a variety of new service providers, both companies are upgrading technology and installing additional wireless transmission facilities in and near Dubuque. The City of Dubuque is also preparing for the coming of new wireless telecommuni- cations service providers and both the positive and negative elements of tower and antenna site needs within the City limits. On January 4, 1999, the City Council enacted Ordinance No. 3-99 adding Section 4-9 to the Zoning Ordinance to establish regulations for the placement of towers and antennas within the City. The new ordinance encourages location of antennas on existing towers and structures, accommodates towers in industrial zones, and promotes antenna siting solutions which do not result in new towers in residential and other more sensitive zones. In addition to reasonable land -use regulation, the City has implemented additional strategies for encouraging the introduction of new wireless telecommunication services and service providers while minimizing the negative impact of new towers and mono- poles. For example, with the assistance of various City staff and with outside advice, have also surveyed existing City -owned properties and structures and have cataloged those which may be suitable for mounting of wireless telecommunication antenna facilities through lease agreements. Such suitable properties may include water towers, communication towers, light poles, City building rooftops, and land parcels. In late October, 1998, representatives of Land Acquisition, Inc. contacted the City on behalf of their client, Dubuque Cellular Telephone, L.P. (U.S. Cellular), looking for a site to install antennas and support equipment for digital cellular telephone service. It was determined that the City's water tower at 1575 W. 3rd Street would be an ideal location for this purpose. Over a period of months, Water Department Manager Bob Green, Assistant City Attorney Tim O'Brien and I negotiated with representatives of LAI and U.S. Cellular, and have reached terms for a proposed lease that we believe will be mutually -beneficial. That proposal is under final review by attorneys for both parties. Highlights of the Proposed Lease Dubuque Cellular Telephone would be permitted to attach up to 12 panel -type antennas (each panel approximately 6 ft. tall by no more than 12 inches wide) on the circumference catwalk around the water tank, and extend transmission cables down a support leg of the tower to the ground. They would also construct and maintain a 12 ft. by 20 ft. building on the ground to house transmission equipment. They would pay all utility costs associated with the operation. Term of the lease would be 20 years, with two optional 5 -year extensions. Payments by Dubuque Cellular Telephone to the City would include an initial nonrefundable payment of $10,000, then an annual rent beginning at $12,000 and escalated annually by the greater of 3 percent or the percentage increase of the CPI. In the unlikely event of an early termination of the lease, the Lessee would pay an additional amount equal to 50 percent of the rent due for the year in which early termination occurred. Also, any cellular telephone services the City chose to purchase from United States Cellular would be at the most favorable rate given any of the company's customers. Antennas would be painted to match the water tower, and any future changes would be subject to City approval. RECOMMENDED ACTION: The Recommended Action is that a Public Hearing regarding the proposed lease be set for the agenda of the February 1, 1999 City • Council meeting. • CITY OF DUBUQUE, IOWA OFFICIAL NOTICE NOTICE is hereby given that the Dubuque City Council will conduct a public hearing on Monday, February 1, 1999 at a meeting to commence at 7:00 P.M. in the Public Library Auditorium for the purpose to consider disposing of City's interest in the property described in a Lease between the City of Dubuque and Dubuque Cellular Telephone L.P. for the installation and operation of a wireless communication facility. (Copy of supporting documents are on file in the City Clerk's Office and may be viewed during normal working hours.) Written comments regarding above disposal may be submitted to the City Clerk's Office on or before time of public hearing. At said time and place of public hearing, all interested citizens and parties will be given an opportunity to be heard for or against said disposal. Any visual or hearing impaired persons needing special assistance or persons with special accessibility needs should contact the City Clerk's Office at (319) 589-4120 or • TDD (319) 589-4193 in the Human Rights Department at least 48 hours prior to the meeting. Published by order of the City Council given on the 18th day of January, 1999. 1t 1/22 • Mary A. Davis CMC City Clerk • • • JAN -19-99 TUE 03:30 PCI TELEGRAPH HERALD FAX NO. 3195885782 P. 01/01 CAW OF aupuQUE, IOWA OFFICIAL NOTICE NOTICE Is hereby given that the Dubuque City Council will conducl a public hearing on Monday, February 1, 1999 at a meeting to commence at 7:00 P.M. in the Public Library Auditorium for the purpose to consider disposing of City's Interest In the property do - scribed in a Lease between the City of Dubuque and Du- buque Cellular Telephone L.P. for the installelion and opera- tion of a wireless communica- tion facility. (Copy of iopeeed- Or It ace -le -on file in the City Clerk's Office and may be viewed during normal working hours.) Written comments regarding above disposal may be sub- mitted to the City Clerk on or before time of public hearing. Al said time and place of publio hearing, all Interested citizens and parties will be pivon an opportunity to be heard for or against said dis- posal. Any visual or hearing Im- paired persons needing spe- cial assistance or persons with special accessibility needs should contact the City Clerk's Office at (319) 589- 4120 or TOD (319) 589.1193 in the Human flights Department at least 48 hours prior to the mooting. Publishod by order of the City Council given on the 18th day of January, 1999. Mary A. Davis CMC 1t 1/22 City Clerk CITY OF DUBLMIN“ IOWA OFFICIAL NOT'ICEE NOTICE is hereby given that the Dubuque City Council will conduct a public hearing on Monday, February 1, 1999 at a meeting to commence at 7:00 P.M. in the Public Library Audconsideum, for sin purpose 's- consider disposing of Citdye interest in property scribed in a Lease between the City of Dubuque „and Dubuque Cellular Telephone L.P. for the installation and operation of a wireless com- munication facility. (Copy of supporting documents are on file in the City Clerk's Office and may be viewed during, normal working hours.). Written comments regarding above disposal may be sub- mitted to the City Clerk on or before time of public hearing. At said time and place of public hearing, all interested citizens and parties will be given an opportunity to be heard for or against said' disposal. My visual or hearing im- paired persons needing spe- cial assistance or persons with special accessibility needs should contact the City Clerk's Office at (319)589- 4120 or TDP {319) 58193 in the Human Rights Department at least 48 hours prior to the— meeting. Published by order of the City Council given on the 18th day of January, 1999. Mary A. Davis CMC City Clerk 1t 1/22 �. STATE OF IOWA {SS: DUBUQUE COUNTY CERTIFICATION OF PUBLICATION I, Kathy Hefei, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher of the Telegraph Herald, a newspaper of general circu- lation published in the City of Dubuque, County of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper on the following dates jc‘ A tk_cVr 4� , 19 91 , and for which the charge is $ / Subscribed to before this day of Notary Public in and for Dubuque County, Iowa, Notary Pub l c in and for Dubuque County, I wa MARY K. WESTERMEYER MYCOMMISSION EXPIRES February 1, 1999