Travis County Commissioners Court
October 28, 2008
Item 30
30. Consider and take appropriate action on a proposed lease agreement for construction of a t-mobile telecommunications tower in allen park, located along balcones drive in precinct 2.
>> yes, this is a t mobile approached us by leasing a corner of allen park to eject -- erect a 100-foot tower for communications. Really today we are trying to test the will of the court to see if you have any interest in doing this. Because it is a park we would have to post a 30 day notice and conduct a chapter 26 public hearing before we are able to use the park for any other purpose than a park. But we're just kind of laying out what t mobile has asked us to do. The footprint is about 750 square feet. It's right on balcones drive. Probably not that far away from loop 1. So it's in a fairly busy corridor. And a portion of the park that isn't really used for recreational purpose. Most of the park is on the other side of the 10 acres parcel. But it is not a park use that's being proposed here. The rent is about a thousand dollars a month. $12,000 a year. The propose -- they are proposing a long-term 30 year lease. If we entered into that over the length of the contract it would be about $670,000. To the general fund.
>> with the right to terminate in what circumstances?
>> well, they would -- the tenant has a right to renewal. It would be a five year lease with five five-year renewal options.
>> what if they are there two years, everything is fine, all of a sudden things are not fine, we would like to get out of it.
>> that could be negotiated but that's not part of the proposal submitted to the county.
>> on a 30 year lease I would think that we would want to do that. Who knows what the future holds. 30 years is a long time. That's my thought.
>> that will be a tall task I mean because they are going to go in there with the infrastructure costs they're --
>> is that a pun a tall task.
>> you can ask. I have never seen one where they are willing to enter into that kind of a deal. On the front end there's no opposition from anybody around for this cell tower?
>> we don't know that.
>> we don't know that yet. That hasn't gone to the community at all. There have been other proposals for use of this same strip, that's as a -- as a park, this particular strip the eastern edge is practically on the frontage road of mopac below a bluff. And we have had other offers to utilize that in other ways that had been met with considerable opposition by the neighbors. Including the possibility of some low income teach her housing at some point. So I mean there will be a desire for input by the neighbors to this use.
>> yeah.
>> okay.
>> that's my concern so far. 30 years is a long time and I don't know -- I would think that we would want the right to get out of it, you know, with notice. Something like this wouldn't take place overnight, we may decide one year hey it's a whole lot residential development is a whole lot more dense than it was back in 2008 now it's not a good idea, maybe give them a year's notice and say -- I just think that you want that right. The other thing is that at some point we would have to have a public hearing out there near the site. In my view it would be foolish not to do that. I would, you know, they'll want to know what's the deal, how intrusive would it be. How do we get out of it, don't you think?
>> it's a require -- we're required to have the public hearings.
>> the chapter 26 standards are fairly high. What I would like to see us get out of this, even if we don't enter into the lease, I think it would be a good exercise for us to go through because it is true that is a lovely pocket park with the eastern edge very underutilized and probably not utilize I don't believe as a park. If we could use this public input process to start a conversation about that, what can we as a community envision for that eastern edge which frankly cannot be utilized for recreational purposes. It's just a rocky bluff down to the access road. Which could have a much better use that is productive for the community. I think that we could use this public input process basically ride coat tails on this proposal to get that conversation started. If it's -- if it's the highest and best use for that particular portion is a cell tower, fine. But I think that we could have the conversation. With the community.
>> does the rule that you cited say where the public hearing should be?
>> no.
>> okay.
>> let us let you finish your presentation.
>> that's it. Very simple.
>> it was simple.
>> [laughter]
>> our next step I think is to have the public hearing. Let them know what's proposed. I would have the t mobile person out there. The other thing is that it may be a good idea to find out where one of those are located take a good look at it, it's impact on the immediate area. Something like this came up before, right? I think we were -- we had --
>> [multiple voices]
>> not this park. Tower, the towers for emergency communication, didn't we?
>> you're talking about the 800 trunking tower up on that piece of property up off of nameless road that was dedicated as parkland years and years ago. Is that the one you are talking about it?
>> sounds like it. I'm thinking about these towers they could impact it differently. Some can be there you never notice them. Some of these towers that the airport guidance towers would be a layman's descript that supposedly direct airplanes to the airport. Some of them are so obvious that they offend you. Others you don't know that they are there until somehow or another you just kind of notice them after years. But I would me some pictures of one or two this size somewhere and see how it looks. I bet t mobile probably has hundreds of them. If we don't want to go out and take our own.
>> they are all over the city. At this point. Every -- every one -- every one has them.
>> maybe some in parks. Maybe city parks or other Austin parks or other city parks, it would help me to see one of them or several.
>> there's one right next to matthews on enfield and west lynn.
>> that big -- that's been there --
>> sound --
>> gigantic.
>> you may not even have to have the 26 on this deal. I think that you ask the first question to these guys, are you going to allow us an exit clause out of these things just because we want out of it. They will probably tell you real quickly that's not negotiatable.
>> tell them Commissioner Daugherty wants to know if five years after the agreement the court decides that this is not a good project after all and wishes to get out, what would be your response.
>> I will ask them.
>> we'll talk to them.
>> if they are --
>> you know what you are doing is asking one party to back -- they have asked for a lease where they have the automatic right to renew so there's no reason that can't be discussed and investigated with them and we'll do it.
>> well, let's just track the language that we have in our other automatic renewal contracts. It renews automatically unless no action is taken. The action taken may be not to renew. Now, if these things are easy to locate, it would be a hard sell. If they are difficult to locate getting five years use may be important to them.
>> they did indicate to us this was a -- an underserved area and this was kind of -- they had pinpointed had as an ideal location for them. They didn't hone in on the property because of the ownership of the county or anything that nature. It was a locational driven site selection process. So we'll see where we go.
>> you will have somebody from new hampshire want to weigh in on this. I mean a resident. I mean I've never seen a cell tower yet unless you just take one and put it where there's absolutely no one --
>> there's a park there, then there's mopac. Then there are businesses. Then on the other side it can really quite a distance away before you get to the homes, right?
>> uh-huh.
>> I'm visualizing the park there. So I don't know, I think it's doable. But at the same time if there is public outcry against it, it may not be worth a thousand dollars a month. But the concerns may well be dealt with. The concern before we couldn't deal with because people didn't want traffic I think as I recall. Another time we were talking about doing away with this park.
>> selling a portion of it.
>> yeah.
>> for commercial.
>> that's a lot different than just installing a cell tower in one little spot on it. What percentage is this spot of the whole park?
>> oh, 750 feet out of 10 acres. Not a very big piece.
>> small percentage.
>> it's the vertical issue.
>> 100-foot tower.
>> there's that picture. I'm visualizing a beautiful park with a beautiful cell tower right there on the edge of it.
>> except for most of the uses are really at a distance away from this tower. The tower is impacted by balcones and loop 1. We'll see. We'll go out and have our meeting and find out what -- after we talk with t mobile. T mobile in fact may just say we have a capital investment here we can't make it work in five years
>> [multiple voices]
>> that is your answer. I have got one of these.
>> if there's no opposition maybe that doesn't matter.
>> again, I want to reiterate my desire to ride coat tail on this. Because it's true. There is an unutilized of that park that cannot be utilized for recreational purposes it would be good to hear from the neighbors how they would like to see that utilized to buffer the park frankly from mopac.
>> did you hear enough.
>> enough, thank you.
>> thank you for the opportunity to engage with you on this item. Let us know when to put it back on, I take it. Now we have one more item before executive session, right? That's 45.
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Last Modified:
Tuesday, October 28, 2008 1:38 PM