Ordinance 16-53 CityScape Issue RFP for Lot 11 Homer Spit Subdivision No. 5 for Tower Lease

CITY OF HOMER

HOMER, ALASKA

City Manager

ORDINANCE 16-53

AN ORDINANCE OF THE CITY COUNCIL OF HOMER, ALASKA, AUTHORIZING THE CITY MANAGER TO ISSUE A REQUEST FOR PROPOSAL FOR LOT 11, HOMER SPIT SUBDIVISION NO. 5, FOR A LONG-TERM COMMUNICATIONS TOWER LEASE AND AMENDING THE FY 2016 OPERATING BUDGET BY APPROPRIATING FUNDS IN THE AMOUNT OF $12,500.00 FROM PORT AND HARBOR DEPRECIATION RESERVES TO FUND TOWER CONSULTANT SERVICES WITH CITYSCAPE CONSULTANTS, INC.

               WHEREAS, Resolution 15-030(A) authorized the City Manager to issue a request for proposal (RFP) for Homer Spit No. 5 Lot 11 for a long term cell tower lease; and

               WHEREAS, On June 29, 2015, Resolution 15-049 awarded a twenty year lease with two five-year options on a portion of Lot 11, Homer Spit Subdivision, No. 5 to SpitwSpots Inc. of Homer, Alaska, and authorized the City Manager to execute the appropriate documents; and

               WHEREAS, On August 3, 2016 negotiations with SpitwSpots were terminated after failure to come to an agreement that both parties found mutually beneficial; and

WHEREAS, Since August 2016, the City has received letters of interest from four different companies interested in constructing a tower on Homer Spit No. 5 Lot 11; and

WHEREAS, It is the policy of the City of Homer for a letter of interest to trigger Council to consider authorizing a request for proposal; and

WHEREAS, Moving forward without additional delay on this project is important so that a tower can be up by the next construction season to serve the great demand for increased communications capacity in Homer; and

WHEREAS, Due to the complexity of tower regulations and requirements, staff recommends hiring a professional wireless communications firm to facilitate the request for proposal process and subsequent negotiations; and

WHEREAS, Hiring a third party will allow for an expert and objective analysis of all RFPs which will be both beneficial to the City of Homer and the businesses submitting proposals; and

WHEREAS, CityScape Consultants, Inc. has extensive experience in Alaska handling tower negotiations with municipalities such as Juneau and the MatSu Borough and is qualified to facilitate the process for the City of Homer.

               NOW, THEREFORE, THE CITY OF HOMER ORDAINS:

Section 1. The City Council of Homer, Alaska, authorizes the City Manager to issue a request for proposal for a long-term tower lease on a portion of Lot 11, Homer Spit Subdivision No. 5.

Section 2. The Homer City Council hereby amends the FY 2016 Operating Budget by appropriating $12,500.00 from Port and Harbor Depreciation Reserves to hire CityScape Consultants, Inc. to facilitate the lease negotiations, including request for proposal, selection process, and siting of the tower and equipment.

Expenditure:

Account                                   Description                                                                  Amount 

456-380                                    Consultant services for                                           $12,500.00                                                                                   communications tower                                        

Section 3. This is a budget amendment ordinance only, is not permanent in nature, and shall not be codified.

ENACTED BY THE CITY COUNCIL OF HOMER, ALASKA, this ______ day of _____________, 2016.

CITY OF HOMER

                                                                                          _______________________________

                                                                                          BRYAN ZAK, MAYOR

ATTEST:

___________________________

JO JOHNSON, MMC, CITY CLERK

YES:

NO:

ABSTAIN:

ABSENT:      

First Reading:

Public Hearing:

Second Reading:

Effective Date:

Reviewed and approved as to form:

________________________________                                        _____________________________

Mary K. Koester, City Manager                                                          Holly C. Wells, City Attorney

Date: ___________________________                                         Date: ________________________ 

Fiscal Note: $12,500.00 from Port and Harbor Depreciation Reserves (456-380).