Item 7B, T-Mobile Cell Antennas - Laserfiche WebLink

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Ground Structure The Zoning Code currently states that the City wiII construct a ground structure to house the equipment for all future applicants and that applicants wiIllease this space from the City (Section 1325.09 Subd 6.2.B.2.b). However, this means that the City is responsible for maintenance and other long-term costs for the building. In order to be in compliance with this zoning regulation, T-Mobile did initiaIly propose to construct the building and give it to the City upon completion. In return, T-Mobile would request a credit for the cost of the construction against their lease rate. Requiring the City to own and maintain the ground equipment structure is an uncommon zoning requirement. Upon review ofthis requirement, the Public Works Director, City Attorney, and City Planner determined that it is not in the best interest of the City to own and maintain this structure due to potential liability and cost. While the likely purpose of the requirement is to consolidate ground equipment, this goal can be achieved through different means. Therefore, Staff is recommending that the Zoning Code be amended to eliminate the requirement for City ownership and that T-Mobile maintain ownership of the structure. Staff is preparing a Zoning Code amendment for the June Planning Commission meeting that would address the issues (location, design, etc) related to placing additional ground equipment on City property but aIlow ownership and maintenance to remain with the user. T-Mobile is aware and supportive of the potential Zoning Code change. The CUP and lease can be approved contingent upon approval ofthe forthcoming Zoning Code amendment. The applicant has submitted a letter addressing the zoning code requirements, a site plan, landscaping plan, and elevations of the site with the proposed changes (Attachment D). Lease Al!reement The City is currently leasing space on the two water towers to four ceIlular providers, and each of the leases contains different terms and requirements. In order to provide more consistency and standard requirements for future requests, the City Attorney prepared a standard lease. The standard lease is intended to be used as a template for future requests and likely lead to a faster review process. City Staff and the City Attorney have been reviewing the standard lease with T -Mobile, and the City Attorney is supportive of the current draft (Attachment C). In summary, the lease makes T- Mobile responsible for the foIlowing: . Any additional costs associated with maintenance to the water tower due to the ceIlular equipment; . Restoring any damage to the grass or road from their equipment and use; . Completing an interference study prior to the issuance of building permits to ensure compatibility with existing equipment; . Submitting a $5,000 financial surety to the City for future removal of the equipment in case the equipment is abandoned by T -Mobile. \\Metro~inet.us\ardenhills\Planning\Planning Cases\2008\08-007 T~Mobile CUP (PC Approved) \052708 ~ CC Report - T-mobile CUP.doc Page 2 of6