Memorandum

City of Lawrence

City Manager’s Office

TO:	David L. Corliss, City Manager
FROM:	Diane Stoddard, Assistant City Manager
CC:	Cynthia Boecker, Assistant City Manager
Date:	April 22, 2009
RE:	Lawrence Freenet Request for Downtown Installation of Wireless Devices on City Light Poles

Please place the following item on the agenda for the City Commission for consideration:

Approve agreement with Lawrence Freenet to install wireless devices on city light poles in the downtown area, if appropriate. 

Background:

In December 2008, the City received a request from Lawrence Freenet to install wireless data equipment on 10 of the City’s light poles in downtown Lawrence in the locations outlined in Freenet’s letter.  As a result of this installation, Freenet plans to offer free wireless services for downtown businesses to opt to provide their customers via free daily pass cards.  Businesses participation would be voluntary.  Additionally, the installation will reduce five of the existing solar powered newspaper boxes housing wireless equipment in the downtown area. 

At its December 30, 2008 meeting, the City Commission received the request and referred the item to staff for a report. 

Since the request was submitted, City staff has been reviewing the issues involved, sought clarification from Freenet and held a meeting with Freenet officials.  As a result, additional letters with further clarifications were submitted by Freenet on January 19, 2009 and February 4, 2009.  Also, photos of the proposed installation were submitted to provide a visual example of how the installation would appear. 

Several years ago, Freenet requested similar installation in the downtown area at the same time it requested permission of the City to place wireless units on city facilities in other parts of the City.  While the City Commission at that time approved the installation in other areas, it did not approve the installation downtown.  There were concerns about the size of the units and the potential impact downtown.  Freenet reports that the units being proposed at this time are smaller than the units considered several years ago. 

At its meeting on February 17, 2009, the City Commission referred the request to the Historic Resources Commission (HRC) for review and also directed staff to develop an agreement for the use of the downtown light poles. 

The HRC considered the Freenet request at its meeting on March 26.  Attached are materials (Staff Report, Action Summary & Letter, and approval letter) related to the HRC’s actions.  HRC recommends approval of the request with some conditions. 

Agreement:

Attached is a proposed agreement with Freenet regarding the use of the downtown poles.  The agreement takes into account the recommendations submitted by the HRC. 

The agreement contains the following major elements:

• The city would grant Freenet a license to have certain equipment on the poles downtown. 
• The equipment must be installed in as stealth of a manner as possible, including being painted the color of the light poles. 
• The equipment will not interfere with other electronic equipment downtown. 
• The City can terminate the agreement at any time with notice to Freenet.

Recommendation:

City staff recommends approval of the agreement with Lawrence Freenet, as proposed.