MAY 3, 2005 AUTHORIZATION FOR T-MOBILE TO FILE A CONDITIONAL USE PERMIT APPLICATION TO INSTALL A WIRELESS TELEPHONE FACILITY AT RYAN PARK MAY 3, 2005 AUTHORIZATION FOR T-MOBILE TO FILE A CONDITIONAL USE PERMIT APPLICATION TO INSTALL A WIRELESS TELEPHONE FACILITY AT RYAN PARK

TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL

FROM: ASSISTANT CITY MANAGER/CITY CLERK

DATE: MAY 3, 2005

SUBJECT: AUTHORIZATION FOR T-MOBILE TO FILE A CONDITIONAL USE PERMIT APPLICATION TO INSTALL A WIRELESS TELEPHONE FACILITY AT RYAN PARK

RECOMMENDATION

Authorize the City Manager to sign the Conditional Use Permit application to allow T-Mobile to seek approval for a wireless telephone facility at Robert E. Ryan Park.

BACKGROUND

On April 6, 2004, City Council granted permission to Cingular to file a Conditional Use Permit to install a wireless telephone facility in the parking lot at Ryan Park. The CUP application was filed on April 8, 2004 and deemed incomplete in May 2004; however, Cingular did not proceed with completing the application. On January 5, 2005, Cingular transferred its business interests in this area to T-Mobile (see attached letter) and now T-Mobile is seeking permission to proceed with the CUP application for Ryan Park.

PROJECT DESCRIPTION

The proposed project would involve installing a new 35-foot high light pole adjacent to the upper parking lot at Ryan Park and mounting a wireless telephone service antenna at the top of the light pole. The antenna would also require ground mounted equipment housed in four cabinets to be installed adjacent to the light pole.

DISCUSSION

Although the City has a separate policy for telecommunications facilities that are placed in the public-right-of-way, the Municipal Code requires a Conditional Use Permit (CUP) for installations on all other types of property, including those placed on property owned by the City. One of the requirements for filing a complete CUP application is the landowner’s signature on the application. In cases where the City is the property owner, the City Manager needs City Council authorization to sign the CUP application.

In order for T-Mobile to proceed through the required Conditional Use Permit application process, the City must first agree to sign the application forms as the landowner. The application would then be subject to a noticed public hearing before the Planning Commission, with the possibility of appeal to the City Council. Notice of the public hearing would be mailed to all property owners within a 500-foot radius of the exterior boundary of the Ryan Park property. If the City ultimately approves the Conditional Use Permit request, staff would then return to the Council with the necessary lease agreement.

FISCAL IMPACT

There is no fiscal impact associated with allowing the Conditional Use Permit application to be filed and processed. However, if the application is eventually approved, the City will then negotiate lease agreements with T-Mobile. Any lease payments would result in new General fund revenue to the City; however, the amount of the payments would be subject to negotiation only after a final decision has been made on the CUP application.

Respectfully submitted:

Carolynn Petru

Assistant City Manager/City Clerk

Reviewed,

Les Evans

City Manager

Attachment:

Letter from T-Mobile dated January 6, 2005