Dubuque Cellular Telephone Co. Lease of W. 3rd Street•
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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.
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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
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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.
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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
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Mary A. Davis CMC
City Clerk
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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