Memorandum

City of Lawrence

Legal Services Department

 

TO:

David L. Corliss, Interim City Manager

 

FROM:

Toni Ramirez Wheeler, Staff Attorney

 

CC:

Debbie Van Saun, Assistant City Manager

Chris Stewart, Assistant Utilities Director

Mark Bradford, Lawrence-Douglas County Fire & Medical Dept.

Sandra Day, Planner

Date:

May 4, 2006

 

RE:

Use of Harper Water Tower Property for Wireless Communications Facilities

 

The City’s property at 2100 Harper Street is currently of interest to three wireless communications companies.  Sprint PCS proposes to install antennas on the top of the water tower, with supporting equipment located at the base of the water tower.  Sprint PCS has obtained the requisite land-use approval from the Lawrence-Douglas County Metropolitan Planning Department.  (A memorandum regarding Sprint PCS may be accessed at the end of this memorandum.)   T-Mobile has expressed an interest in leasing property at the site to construct, install, and operate a wireless communications facility (new 120-foot monopole) at this site adjacent to the existing water tower.  Earlier this year, the City Commission received the request from T-Mobile and referred the request to staff for a report.  (A report regarding T-Mobile’s proposal may be accessed at the end of this memorandum.)  Finally, Lawrence Freenet proposes to install equipment on the existing water tower to provide internet service in the community.  Lawrence Freenet has not yet received Planning Department approval, but an application is pending. 

 

As property owner, the City Commission decides which, if any, companies are authorized to install equipment on the premises.  The City Commission also decides the terms of such approval.  When a company contacts the City with an interest to lease City property, they are generally directed to first obtain the appropriate land use approvals from the Lawrence-Douglas County Metropolitan Planning Department.  Once the land use approvals are obtained, a draft lease agreement is forwarded to the City Commission, with a request to authorize the City Manager to enter into a lease agreement with the company. 

 

Staff requests the City Commission, as land-owner, decide whether it will make the City property on Harper Street available to wireless communications companies.  Mr. Stan Zaremba, with Zaroco Inc., contacted the City regarding T-Mobile’s proposal to construct a monopole at the Harper Water Tower location.  Mr. Zaremba owns a wireless communication tower located at 1548 East 23rd Street, Lawrence, Kansas.  It currently has capacity to accommodate two additional carriers.  Mr. Zaremba believes communications companies should be directed to privately owned communications towers like his.  Zaremba Letter

 

Background

The City has leased property on other water towers and other City facilities to communication companies for several years to accommodate the public’s need for the communications services.  A table identifying communications equipment on City property is attached.      

 

The City’s Zoning Regulations encourage the placement of communications equipment on existing towers, structures, and building roofs.  “Co-locations,” or proposals to install communications equipment on existing towers, structures and roofs, can be, in most instances, administratively reviewed by the Planning Department.  Proposals for new towers are subject to the full public hearing process as a UPR, Use Permitted Upon Review. 

 

Prior to submission of a site plan, an applicant identifies the coverage needs for a particular geographic area.  The applicant then identifies structures within the geographic area upon which it can co-locate its equipment.  The applicant analyzes the suitability of the co-location site for its coverage needs and frequently consults the Planning Office.  For instance, if there is an existing tower or tall structure in the area, but there is no space for its antennas or the available space is not the desired height, or the structure cannot support the proposed equipment, that co-location site is identified by the applicant as unsatisfactory.  The applicant then identifies other co-location sites.  If all co-location sites are exhausted, an applicant may propose a new tower, having satisfied the Code’s requirement in 20-14B03. 

 

While the City’s primary focus is to provide excellent City services (including water and fire and medical services), the City also wants to be effective stewards of City resources, and be sensitive to the community’s demand for wireless communications services.  Before recommending a lease for the installation of telecommunications equipment on City water towers, the City contracts with an engineering firm for review of the applicant’s engineering plans to ensure, among other things, that the structure can support the proposed equipment and the equipment will not cause damage or increased maintenance for the structure.  If there are other carriers on the City facility, an analysis to ensure there will be no interference with the existing tenants’ operations is also conducted.  The applicant reimburses the City for this cost.  The City also paid for an independent real estate appraiser familiar with telecommunications leases to appraise a City facility to ensure its requested rental amounts were fair and reasonable. 

    

Staff requests direction regarding the use of the City property on Harper Street.

 

1.      Will the Commission authorize Sprint PCS to lease space to install equipment on top, and at the base of the existing Harper Street water tower?  A memorandum addressing the Sprint PCS proposal is attached.

 

2.      Will the Commission authorize T-Mobile to proceed with plans to construct a telecommunications tower on the property, subject to T-Mobile obtaining the appropriate land use approval?  A staff report is attached. 

 

3.      Does the Commission wish to continue to make City properties available to Lawrence Freenet, subject to Lawrence Freenet obtaining the appropriate land use approval?