City commissioners approved a plan this week to settle a federal lawsuit by allowing a Tampa company to build a cell phone tower disguised as a flagpole outside a firehouse on Gulf Boulevard.

The 150-foot-tall flagpole is expected to be built by Jan. 1, when it will fly an American flag and provide stronger cell phone service on the western side of Tarpon Springs, Ridan Industries representatives told the commission. Ridan will pay the city at least $30,000 a year for up to 20 years.

"We have avoided potentially a very expensive, time-consuming lawsuit by this settlement," City Attorney John Hubbard told the commissioners at a special session Tuesday night.

The settlement comes nearly a year after the City Commission denied a request by Ridan for a zoning change that would have allowed a tower on a privately owned vacant lot at Gulf Road and Tarpon Drive. Several neighbors complained the tower would undermine property values and create a nuisance. One month later, Ridan sued Tarpon Springs in federal court in Tampa, saying the city had no grounds to deny the request.

This week, commissioners discussed the settlement for about half an hour before voting, 3-1, to accept the agreement. Mayor Beverley Billiris, Commissioners Peter Nehr and Jim Archer voted for the settlement. Peter Dalacos voted against it. David Archie was absent.

Under a 1996 federal law, towns like Tarpon Springs have few options when it comes to fighting cell phone tower expansion in their communities. Communities must allow towers to be built to ensure adequate coverage for emergency calls, Hubbard said.

Ridan contended in court that the city's denial contradicted that law, arguing that a gap in cell phone coverage on the city's western end has existed for years. Without a tower in that area, wireless carriers cannot determine the location of a cell phone user who is calling 911 with the accuracy required by the federal government, the suit said.

To head off a potentially costly legal battle, city officials drafted an ordinance that encourages companies to build towers in nonresidential areas. Under the law, tower companies will preferably lease city-owned land where taxpayers can reap the benefits of monthly fees paid by the companies.

"If we still fight it, not only do we lose tens of thousands of dollars, we would still have to put the pole up," Nehr said.

But Dalacos, who is often a lone ranger on the commission, said he had concerns about the settlement process, which bypassed the usual site plan approval for projects. He also was concerned about a potential health threat.

"Years ago, they said DDT was okay; same with asbestos and other things," Dalacos said, wondering about similar health effects of cell tower radiation.

"Who's to say that in 10 years, they don't find evidence to say, 'Oh, we were wrong, these are factors?' "

Hubbard told him that federal law says he can't consider that, because there is no proof that the electronic transmissions are a health hazard.

"Until we have some scientific evidence that they are a health hazard, we're going to just have to obey federal law," Hubbard said.

"There's no question that the tower will have to be built."

The tower will be constructed on city property at 1025 Gulf Road, home to Tarpon Springs Fire Rescue Station No. 70. According to site plans, the pole will be surrounded by an 8-foot-high chain-link fence. Ridan can use up to 3,000 square feet for the construction of the pole and nearby equipment cabinets.

So far, T-Mobile and Verizon have committed to using the site. Ridan Industries said the tower will be able to accommodate six carriers.

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