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Committee holds over temporary wireless tower permit and lease at 36435 N. Garrick after applicant requests contract changes
Summary
The committee held over the temporary telecommunications tower item at 36435 North Garrick Avenue so staff and the applicant can renegotiate material lease terms including cancellation language tied to FCC authorizations and the monthly rate.
The Waukegan Community Development Committee on Monday held over a proposed temporary wireless telecommunications permit and lease for a site at 36435 North Garrick Avenue after the applicant requested changes to material lease terms.
Staff described the proposal as a temporary use with a five‑year term for both the lease and conditional use permit. The applicant told the committee he must apply to the Federal Communications Commission for a special temporary authorization (STA) every six months to operate the temporary facility. He asked the city to include cancellation language that would allow the lease to terminate if an FCC authorization is not renewed and requested a lower monthly lease rate (he cited roughly $900 a month) than the $1,200 figure in the draft lease.
City legal counsel and committee members said termination language and payment terms are material contract elements that need to be finalized before a vote. One lawyer on the dais advised that if the committee wants to change material lease terms, the revised document should be reviewed before voting. For those reasons the committee agreed to hold items F and G to allow staff and the applicant to renegotiate and return with a revised lease.
No final permit or lease was adopted; staff was directed to work with the applicant and return the revised lease language to the committee for consideration.
