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HomeMy WebLinkAboutpf_02882 EXTRACT OF MINUTES OF MEETING OF CITY COUNCIL CITY OF ROSEVILLE RAMSEY COUNTY, MINNESOTA Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Roseville, County of Ramsey, Minnesota, was duly held in the City Hall at 2660 Civic Center Drive, Roseville, Minnesota, on Monday, the 14th day of April, 1997, at 6:30 p.m. The following members were present: Wiski, Goedeke, Mastel, Maschka, Wall and the following were absent: None. Member Mastel introduced the following resolution and moved its adoption: RESOLUTION NO. 9402 A RESOLUTION APPROVING A CONDITIONAL USE PERMIT TO ALLOW CONSTRUCTION OF ONE CELLULAR TELEPHONE TOWER BY APT WHEREAS, pursuant to Minnesota Statutes 462.357, the City of Roseville has adopted zoning regulations to control land uses throughout the City; and WHEREAS, said regulations provided that a cellular tower be allowed within the confines of a City owned or controlled parcel as a condition use; and WHEREAS, approval of a conditional use permit for construction of one cellular telephone tower has been requested by APT Communications for a site located in the property commonly known as the St. Paul Water Authority property; and WHEREAS, the Roseville Planning Commission recommended approval of such conditional use permit subject to certain conditions on March 12, 1997; and WHEREAS, the Roseville City Council considered such conditional use permit at a meeting held on April 14, 1997. WHEREAS, State law requires this permit be issued by virtue of the 60 day rule contained in State Statute Section 1519 adopted by the State Legislature. NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Roseville, Minnesota, Ramsey County, Minnesota, that a conditional use permit for an R-1 zoning district on property owned or controlled be approved subject to the conditions within Exhibit "A", and subject to City ownership of the St. Paul Water Authority property. The motion for the adoption of the foregoing resolution was duly seconded by Maschka and upon vote being taken thereon, the following voted in favor thereof: Wiski, Goedeke, Mastel, Maschka, Wall and the following voted against same: None. Whereupon said resolution was declared duly passed and adopted. STATE OF MINNESOTA ) COUNTY OF RAMSEY ) SS CITY OF ROSEVILLE ) I, the undersigned, being the duly qualified City Manager of the City of Roseville, County of Ramsey, State of Minnesota, do hereby certify that I have carefully compared the attached and foregoing extract of minutes of a regular meeting of said City Council held on the 14th day of April, 1997 with the original thereof on file in my office. Adopted by the Council this 14th day of April, 1997. . q.EA L:' - EXHIBIT "A" 04/14/97 PF2882 Conditions to be attached to Conditional Use Permit Resolution This conditional use permit (CUP) shall be for one communications tower consisting of a 150 foot steel, self supporting telephone tower and equipment cabinets on the southwestern corner of property commonly known as the St. Paul Water Authority Reservoir site with conditions as follows: 1. The maximum height above grade at the tower base shall be 150 feet. Up t012 radio/antenna at a size specified in the application, may be installed on the tower. 2. The applicant shall apply for and receive a license/tower permit from the City of Roseville prior to applying for a building permit. 3. All CUP application materials shall be considered part of the permit. The applicant shall apply for and receive a building permit prior to commencing construction. Supporting documents for the building permit shall include a Minnesota registered engineers calculations and certification of structural strength and stability. 4. Approvals in writing from the Water Authority for access over, under, or on the surface of Water Authority property by machinery technicians, and underground wires shall be included in the building permit application. 5. The base of the tower shall be located in an area at least 150 feet from any occupiable structure. 6. All utility wires or lines leading to the equipment panel site shall be buried. 7. The applicant shall adhere to provisions of City Code Section 1012.10, subp. 5 through 7 and 9 through 12, except that paved driveways and parking spaces shall be at the discretion of the City. 8. The proposed steel tower shall be self supporting - no wires or guys are necessary to anchor it. The cellular phone antennas on the tower (up to twelve - 4 companies/ 3 antennas each) shall be a maximum size of 6.6 feet long, 6 inches wide, and 1.5 feet thick. These antennas will operate in the 1.9 Ghz to 2.2 Ghz radio frequency range, transmitting and receiving a low power wireless radio signal to a service cell primarily in eastern and central Roseville. No sewer or water service shall be installed. 9. A prefabricated set of equipment panels may be installed near the base of the tower. They will be connected to the tower by one cable to each antenna. 10. A 30 foot by 40 foot equipment panel area with security fencing (up to 8 feet high and topped with barbed wire) shall be located adjacent to the site and approved by the Community Development Director. The equipment area shall be screened by landscape plantings to reduce at-grade visibility of the equipment. The Community Development Director shall review and approve the landscape screening and fencing plan and location. 11. The tower shall not be lighted. Electric and phone wires serving the equipment and tower shall be buried. Security lighting on the site shall be downcast on the equipment areas only. 12. The City may place additional emergency services whip antenna for fire, police, and public works on the same tower. The City may own the tower. 13. The 150 foot tower and supporting equipment shall be completely removed from the site by the applicant after operations cease, equipment is damaged or unsafe as determined by the City Building Official, or the CUP elapses, or the CUP is violated. The City may require posting of a bond to assure removal of the tower and or equipment by the applicant in a timely manner. 14. After approval by the City Council, one temporary tower may be installed on the site for up to 120 days with a possible extension of up to an additional 120 day by the City Council. The tower and supporting equipment shall be completely removed from the site by the applicant after operations cease, equipment is damaged or unsafe as determined by the City Building Official, or the temporary permit elapses. The City may require posting of a bond to assure removal of the tower and or equipment by the applicant in a timely manner. REQUEST FOR COUNCIL ACTION DATE: 04/14/97 ITEM: 1-4 Manager Approved: Agenda Section: LANDUSE Item Description: APT request for conditional use permit to erect non- lighted 150 ft. steel self supporting telephone tower and equipment cabinets ,(PF2882) 1.0 Background 1.1 APT, a subsidiary of Telephone and Data Systems, Inc., requests approval of a conditional use permit to construct a 150 foot steel, self supporting telephone tower and equipment cabinets on a remote southwestern corner of property commonly known as the St. Paul Water Authority - Reservoir site. See the attached map. 1.2 Roseville's City Code, Section 1012.10 A, states that commercial towers must be located on city controlled or owned sites. In this case, the Water Authority property is currently being purchased by the city, or the city will obtain control of the needed tower site through an easement or other agreement. The City must designate the site as a "tower site". The City Council has previously given APT the authority to act as the applicant for a tower site that the city will designate on the Water Authority site. 1.3 Because the Water Authority site was not a city controlled or owned site at the time of adoption of the ordinance, and because the site is zoned "R-1", APT, as the designated city applicant, must apply for a conditional use permit. A public hearing is required and has been scheduled for the Planning Commission meeting on March 12, 1997. 2.Jl Consistency with Comprehensive Plan and Policy: 2.1 The installation of essential public communications equipment is recognized as a necessity of the community. It may enhance public and police/fire emergency communications. In the past the Commission and Council have referred to Vista 2000 and Comprehensive Plan policies which state that the city should attempt to reduce clutter and improve aesthetics; placing one multi-user pole on some of the highest ground in the community reduces the need to place tall towers and wires in other locations. As this new technology becomes more popular, it may be possible to use 1 existing tall buildings and other structures for more "phone cells". The proposed use has no impact upon the comprehensive plan designation for the area, which is currently designated as semi public Water Works land use. 2.2 It is anticipated that the City will soon purchase portions of the Water Authority property and retain it primarily for public purposes including open space and park use. Placing a communications utility tower on public land allows the city to control the number of towers and uses of the site. ~ Description of the Current Request 3.1 The applicants note that the site is currently owned and being used as a public utility site for the storage and flow control of drinking water. A tower user, water utility, and park/open space can coexist on the same site without placing additional public service demands on the site. 3.2 The site is well screened by mature 50 to 60 foot trees and is bordered by a cemetery on the west and southwest side. The first 50 to 60 feet of the tower would not be directly visible from many residences because of the topography and thick vegetation. 3.3 The site is accessible by existing roads within the Water Authority site. Because this site is part of an eventual open space, the City will maintain the existing gravel roads for use by utility providers such as the telephone tower leasers. No additional parking spaces are necessary. 3.4 Studies have shown no health, noise or harmful radio waves are emitted by this tower user. If the tower were to collapse, it would buckle and fall within the 150 foot radius or less of the tower foundation. Ice and snow from the tower will also fall within the radius. 3.5 The proposed steel tower would be approximately 150 feet in height and would be self supporting - no wires or guys are necessary to anchor it. The maximum height is established by a condition of the conditional use permit. The cellular phone antennas on the tower (up to nine) are 6.6 feet long, 6 inches wide, and 1.5 feet thick. These antennas will operate in the 1.9 Ghz to 2.2 Ghz radio frequency range, transmitting and receiving a low power wireless radio signal to a service cell primarily in eastern and 2 central Roseville. No sewer or water service is necessary. Screening of the security fencing (up to 8 feet high and topped with barbed wire) by landscape plantings will be required to reduce at grade visibility of the equipment. 3.6 A prefabricated set of equipment panels will be needed near the base of the tower. They will be connected to the tower by one cable to each antenna. 3.7 The towers are not required to be lighted. Electric and phone wires to the site will be buried. Security lighting on the site must be downcast on the equipment areas only. 3.8 It is possible that the city may place additional emergency services whip antenna for fire, police, and public works on the same tower. Over the long term, the city may wish to own the tower. 4.0 Staff Summary and Recommendation: 4.1 The staff has reviewed the information in the application and finds it to be consistent with the intent of public/semi public uses on city owned or controlled sites. No safety hazard has been identified. The use will be screened from view by mature trees and topography. The use could reduce the need for other such towers by allowing for up to nine antenna on one tower. The tower can also enhance public emergency communications systems. Equipment areas at grade will be screened with plantings and wires into the site will be buried. Building permits, including engineering calculations for structural stability will be required. 4.2 Staff recommends approval of the conditional use permit to allow for the construction of one permanent cellular telephone tower on property commonly known as the Water Authority site. 4.3 As part of the City Council conditional use permit resolution, the staff recommends that a series of operational conditions be included in the permit. (See attachment "A".) ~ Planning Commission Recommendation After the March 12,1997 Planning Commission public hearing, the Commission recommended approval of one cellular tower placed on the west side of the Water 3 Authority site, and with staff conditions, recommended that the Council approve the lattice design and that no trees be removed except after approval by City staff. Motion carried 5-0. fJl Suggested Council Action 6.1 It is the City Council policy to accept comments as time permits. 2. By resolution, approve a conditional use permit for one communications tower consisting of a 150 foot lattice work steel, self supporting telephone tower and equipment cabinets on the southwestern edge of property commonly known as the St. Paul Water Authority - Reservoir site with conditions as provided in attachment "A". Date of Application: February 18, 1997 Decision Deadline: April 19, 1997 Attached: Location Map and .applications materials Attachment "A" (Conditions) Report by: Dennis Welsch, 490-2232 M:\RCA\PF2882.RCA 4 Attachment "A" 04/14/97 PF 2882 Conditions to be attached to be attached to Conditional Use Permit Resolution. This conditional use permit (CUP) shall be for one communications tower consisting of a 150 foot steel, self supporting telephone tower and equipment cabinets on the southwestern corner of property commonly known as the St. Paul Water Authority - Reservoir site with conditions as follows: 1. The maximum height above grade at the tower base shall be 150 feet. Up to 9 radio/antenna at a size specified in the application, may be installed on the tower. 2. The applicant shall apply for and receive a license/tower permit from the City of Roseville prior to applying for a building permit. 3. All CUP application materials shall be considered part of the permit. The applicant shall apply for and receive a building permit prior to commencing construction. Supporting documents for the building permit shall include a Minnesota registered engineers calculations and certification of structural strength and stability. 4. Approvals in writing from the Water Authority for access over, under, or on the surface of Water Authority property by machinery technicians, and underground wires shall be included in the building permit application. 5. The base of the tower shall be located in an area at least 150 feet from any occupiable structure. 6. All utility wires or lines leading to the equipment panel site shall be buried. 7. The applicant shall adhere to provisions of City Code Section 1012.10, subp. 5 through 7 and 9 through 12, except that paved driveways and parking spaces shall be at the discretion of the City. 8. The proposed steel tower shall be self supporting - no wires or guys are necessary to anchor it. The cellular phone antennas on the tower (up to nine) shall be a 5 maximum size of 6.6 feet long, 6 inches wide, and 1.5 feet thick. These antennas will operate in the 1.9 Ghz to 2.2 Ghz radio frequency range, transmitting and receiving a low power wireless radio signal to a service cell primarily in eastern and central Roseville. No sewer or water service shall be installed . 9. A prefabricated set of equipment panels may be installed near the base of the tower. They will be connected to the tower by one cable to each antenna. 10. A 30 foot by 40 foot equipment panel area with security fencing (up to 8 feet high and topped with barbed wire) shall be located adjacent to the site and approved by the Community Development Director. The equipment area shall be screened by landscape plantings to reduce at-grade visibility of the equipment. The Community Development Director shall review and approve the landscape screening and fencing plan and location. 11. The tower shall not be lighted. Electric and phone wires serving the equipment and tower shall be buried. Security lighting on the site shall be downcast on the equipment areas only. 12. The city may place additional emergency services whip antenna for fire, police, and public works on the same tower. The city may own the tower. 13. The 150 foot tower and supporting equipment shall be completely removed from the site by the applicant after operations cease, equipment is damaged or unsafe as determined by the City Building Official, or the CUP elapses, or the CUP is violated. The City may require posting of a bond to assure removal of the tower and or equipment by the applicant in a timely manner. 14. After approval by the City Council, one temporary tower may be installed on the site for up to 120 days with a possible extension of up to an additional 120 day by the City Council. The tower and supporting equipment shall be completely removed from the site by the applicant after operations cease, equipment is damaged or unsafe as determined by the City Building Official, or the temporary permit elapses. The City may require posting of a bond to assure removal of the tower and or equipment by the applicant in a timely manner. 6 EXTRACT OF MINUTES OF MEETING OF CITY COUNCIL CITY OF ROSEVILLE RAMSEY COUNTY, MINNESOTA Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Roseville, County of Ramsey, Minnesota, was duly held in the City Hall at 2660 Civic Center Drive, Roseville, Minnesota, on Monday, the 14th day of April, 1997, at 6:30 p.m. The following members were present: Wiski, Goedeke, Mastel, Maschka, Wall and the following were absent: None. Member introduced the following resolution and moved its adoption: RESOLUTION NO. A RESOLUTION APPROVING A CONDITIONAL USE PERMIT TO ALLOW CONSTRUCTION OF ONE CELLULAR TELEPHONE TOWER BY APT WHEREAS, pursuant to Minnesota Statutes 462.357, the City of Roseville has adopted zoning regulations to control land uses throughout the City; and WHEREAS, said regulations provided that a cellular tower be allowed within the confines of a City owned or controlled parcel as a condition use; and WHEREAS, approval of a conditional use permit for construction of one cellular telephone tower has been requested by APT Communications for a site located in the property commonly known as the St. Paul Water Authority property; and WHEREAS, the Roseville Planning Commission recommended approval of such conditional use permit subject to certain conditions on March 12, 1997; and WHEREAS, the Roseville City Council considered such conditional use permit at a meeting' held on April 14, 1997. WHEREAS, State law requires this permit be issued by virtue of the 60 day rule contained in State Statute Section 1519 adopted by the State Legislature. NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Roseville, Minnesota, Ramsey County, Minnesota, that a conditional use permit for an R-1 zoning district on property owned or controlled be approved subject to the conditions within Exhibit "A". The motion for the adoption of the foregoing resolution was duly seconded by and upon vote being taken thereon, the following voted in favor thereof: Wiski, Goedeke, Mastel, Maschka, Wall and the following voted against same: None. Whereupon said resolution was declared duly passed and adopted. STATE OF MINNESOTA) COUNTY OF RAMSEY ) SS CITY OF ROSEVILLE ) I, the undersigned, being the duly qualified City Manager of the City of Roseville, County of Ramsey, State of Minnesota, do hereby certify that I have carefully compared the attached and foregoing extract of minutes of a regular meeting of said City Council held on the 14th day of April, 1997 with the original thereof on file in my office. Adopted by the Council this 14th day of April, 1997. SEAL Steven R. Sarkozy, City Manager ....11" ~"... 'i~~~_'.' 'Y~~'0~- , ;/ " i i 1 '<:::::. />/ .. ~\!. /:.' )\, <lil!'~ i , s '," ~ ' 'tl~ ~ fi . . .. :! ""'. 't- ' -' 't-.. fI'C/':'-_":'--uum_:.:' ~ /. #/1 ,.::\~~,.-::~-:::': ~ _ __ ~/ ~~1\ -t ~ _;u~ , ! j .&>. / ~::-' - j l ill II' f! ' -:.~!~ Ii I JC. -.-J. I~J!:1 , --:-. -.\ :: --~i! // -<'*::UL* i.. ill 1\\ ~..-:" cu... 1iI'-....II:: -''''Ii': ':;...J!iL, ! ... \ . w. . CD .. iI:!!' '... i' ~ ~,!, # '\ 'r!l'll! 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"fu i p" . t i j ::t ill i,_____~__um) i___m~_~_____.! L= "'~ l___u__~___________.__::::....----m::::::::~::m-:---): -Ii" -.:- i i& ,,! j ~ ~. r~FI~rf ~ ~~;;Jrl--~~.~~ '" , - :"* i -=. -j-=ri ~~ Ii J ~ ;;. i'f Ii ~ q E3 . ~ :; i:' , i ~.. :=Xii . " >> '. -' Ii " ~ i'f 111-0 =- I I- ..1 "'! i..LJ , I ---=--11 111 i~ _ ~ [it- [Om ,,_"~ ~-:~* ~ ~: 1 ~11I11\\~1 ~ .) i" . 01 fu , ;" I I . . " J* l · '"' Q. E ~ ~ i ~ ~ o ~~ II <lz;.. ~ ~ -ag ~N o -a $:I o ~ .-= <n .... = "'Q...c= "'Q (.) < !3 -a~ .-= ~ $:I.... ~u o ~ ~ : ~ : ~ ~ ~~ ,-..~ ~ ~ I~ ~ g: lau 0 ,::) i~ ~ ~ icc ~ 6: <0 ~ ~ ~ I ~ 0 Qr- rIJ iJ8: ~ ~~ c... ~~ ~~ o I ::I: sti J J- March 20, 1997 Mr. Herman Hinrichs 696 Shryer Av W. Roseville, Mn 55113 Dear Mr. Hinrichs Enclosed are a number of copies of the letter that APT was willing to provide to back up their recent public statements. This letter puts in writing, that interference problems, should they occur, must be eliminated as required by the licensing rules of the FCC. Thank you very much for your concern. Please contact me should you or your neighbors have any further questions or concerns. Sincerely ?~~ Edward L. Burrell Finance Director '-" ,:1VIC '~TEE DfUVE . ROSEVILLE . \fI-:\'-:E50TA . ::;::: I} - -.:c.c 612-4QO-2200 · TDD 612-490-220:::; ~ ~(lg/C;7 fJ 676 SlTyer Avenue West Roseville, MN 55113 16 M..ch 1997 City Planner 2660 Civic Center Drive Roseville, MN 55113 D.-Sr: I am in fav<< of erecting a 150 steel telephone tower at the St. Paul Water Utility SIte. m<<e specifically where the C8"etaker's residence was located. but only provided that the income gained by allowing this tow.- is used to ptl'chase the excess undeveloped property decI..ed by the Water Utility, to be desi~ated as open or pat space. Sincerely YOll'S, ~V.~4 ~a~es V. Groth APT \' i 1\ ,. \"..1 j'. I I \ II I I 'I I I 4 ) " !"PS (01041',\1111 t 7111 l. 7!t1h StnM!l Suit., 1':1 Millll&!itl,uli., MN H4 U; b 12-l1Slt.{)I)()() . Ilk h I.HI'> !-'Hlli Thursday, March 20. 1997 Mr. Edward Burrell City of Roaeville 2660 Civic C.enter Drive RoscviUc. MN 5511 J VIA: Facsimile (612) 490-2292 Dear Mr. Sundl. You recently received a caU uom a concerned neiahbor to our propo&ed antenna facility at the Water Works property in Roseville. The a>ncem wu around eJec&riCII interference to television and telephone in the vicinity of the tower J will addreas these concerns for the City of Roseville as well as the neishbor. APT is a federal Communication Commission (FCC) liccnacd carrier. Whon the FCC iillsuos a license to a carrier, the carrier is obligated to not interfere with any olher carrier, of which television, radio and telephone arc included. APT will aJso extend to the City ofRouviUe that we will not create an)' elecUicaJ interference to the city or to the public fram our antenna equipment on the W.or Worb pruperty. If we were tl1 cause irierfcrencc. we wuuld rectifY the pwblem within 30 dlYs or stop using the site We certainly take this oonunitment very seriously and we feel confident that no interferOllCC will occur. cc: Peter Hcimdahl NOS J File APR-14-1997 14:18 SCIENCE MUSEUM OF MN 612 221 4777 P.01/01 Mr. Jeffrey J. Wraspir 1877 Alta Vista Dr. Roseville MN 55113 w: 221-2526 h. 488-9576 4/14/97 City Planner City of Roseville Hello - I will be unable to attend the City Council meeting tonight and wish to have this letter shared with the council in regards to the conditional use petroit on the St Paul Water Utility Site. After attending and teStifying at the Planning Commission hearing recently I wish to stale that I am not opposed to the tower with the following condition. 1) Tower to be positioned on the west/southwest comer of properly (site). The tower will have a significantly less visual impact in the neighborhood if positioned in this location. I have a preference for the lattice design if that is less obtrusive. 1 also understand that expansion to the tower will be easier and again less obtrusive with a lattice design. I just wanted to share my thoughts on this maller and say that it has been a positive learning experience for me to take part at both the City Council and Planning Commission public hearings. I know that everyone on the Council has been Laking an aeti ve interest in this project I also know the council is aware of many of the long tcnn ramifications this project will have both on the neighborhood and the community at large. To summarize, I am not opposed to the tower if it can be positioned in the southwest corner of the property that was idenw1ed at the Planning Commission public hearing. To place the tower where a house used to be on the site would cause more of an eyesore for the neighborhood. Originally I understand this was to be the site for the tower. Sincerely. ;-?~ o/Iy/tj-1- TOTAL P.01 CITY OF ROSEVILLE PUBLIC MEETING NOTICE REVISED MEETING DATE: MONDAY. APRIL 14.1997 TO: APPLICANT: PURPOSE: L.OCA TION OF PROPERTY AND LEGAL DESCRIPTION: TIME OF HEARING: ADDITIONAL PUBLIC COMMENT: PLACE OF HEARING: HOW TO PARTICIPA TE: ANY QUESTIONS: Property owners within 350' of proposal APT Request for conditional use permit to erect a non-lighted 150 foot steel self supporting telephone tower and equipment cabinets on property commonly known as the St. Paul Water Utility Site. Plat. 03953 Section 14, Township 29, Range 23. S 652 5/10 FT of E 700 FT of SW 1/4 ofNE 1/4 and S 652 5/101 FT ofW 400 FT of SE 1/4 of NE 1/4 and N 377 5/10 FT of E 400 FT of NW 1/4 of SE 1/4 of Section 14, TN 29, RN 23. Planning Commission Meeting: Wednesday, March 12, 1997 at 6:30 p.m. City Council REVISED MEETING DATE: Monday, April 14, 1997 at 6:30 p.m. City Hall Council Chambers, 2660 Civic Center Drive 1. You may attend hearings and testify. 2. You may send a letter before the hearing to the City Planner, 2660 Civic Center Drive., Roseville, MN 55113 or fax to 490-2931. Call the Community Development Office at 490-2279 with the following information: Planning File #2882, Project Name: APT Telephone Tower Mailing Date: March 20, 1997 J:\CHAR\WP51 CH\NOTICES\2882MAR. NOT ~. .~':I l~-"<~ II , ~vf~;.;~~,@lJ ..........~..... /.' ,,'.if ~N .. .......-.1'- "'./'\'0'.'" ~~"-;;::c:::::':-;" / , '..... \" ...'..-.... ~ ~,,):~~ t'/ . /\\;:v::: """" ,~ ~'l ':;' >- ,-- - ~;,:.: QI !~\03.;~I---- t7 V',i. . >~-'- : =\..,....:......; i ~' '\'-J .... ::---I.~ J/ ~ :=-+.! - \ ~.' _ Iti .. \ - '71. ..-'". :r:~" ! 1S:! 'kv.::~ '7." ~~ J;-=-~i'f-;;- ~ ,: -" \ \ ~. h, 0 I \:-~Y ~ i: k-'-~!jt:~:: ' :=: f--, '-" ; .....J....'-_ ./ . , ........ f--' · -;:-"~. ;'" ~ ~ 0 ~:~ : ~l/II;lI/III;~'1 //~fIA~ : ~i i ~ ~~~ !~~ O' "IV :",- : IIII/;I /1/'/1//11//1, ;e c: .~ ~ ~. ,1~ i~ ~. ~~;~:~;il r ! ~;,.~ ~ ~ ..~tc~~>"-~ :T,'~~j?~{~...m:mm.l. 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'f~ w! ~ - Ii 1 ,I ~. .1 ~ili . '.' ;11;' , " 'II i I '1 I,. I ) I i~~ ~_~ ~jll c! o iCD UU .25i CD- iii~ E= .- c:: >C._ oas ...,C Q,u ~o o C\I ,C ~ as :E a; en .tij .~ Q. Q, c( CD en E CD e a: LL !J ... i c:: '0 '0 CD .~ c:: CD CD 0 c:: c:: E '0 '0 'iij .tij CD CD fa Qj :I en ~ Qj CD ~ a: a: w a: C ~ Z ~ n ~ '77 / ."/ w /~ C!3 ........ LJ w w ~ -._.-.,"".r;. C\I ::t:t:: a. <( ~ z~ r-. en en ~ t' 4-01-96 LEASE AGREEMENT This Lease Agreement ("Lease") is entered into this _ day of by and between The City of Roseville, a municipal corporation, ("Owner") and Sprint Spectrum LP ("Lessee"). In consideration of the terms and conditions of this agreement, the parties agree as follows: 1. Leased Premises Owner hereby leases to Lessee certain space located at and on the Owners tower at 2501 Fairview Avenue North, Roseville, Minnesota 55113, and legally described as shown on Exhibit A. The tower and the City's land upon which the tower is situated are collectively called "Owner's Property" or "the property" The property interest leased and granted by the owner are the following: . Ground space comprised of approximately 850 usable square feet. Structure exterior space for attachment of antennas Space required for cable runs to connect equipment and antennas Non-exclusive easements required to run utility lines and cables Non-exclusive easement across Owner's Property for access No other space or property interests are being leased to the Lessee except as described as above and as described on Exhibit A. 2. Term/Renewals a) The term of this lease shall be five years, commencing on _ (the "Commencement Date") and ending b) Lessee shall have the right to extend this lease for four additional five- year renewal terms subject to (c) below; c) This Lease shall automatically be renewed for each successive renewal term unless; (a) Lessee sends notice of intention not to renew not less than 90 days prior to the end of any initial or renewal term; or (b) Lessee is in default of any of the terms or conditions of the Lease. 1 3. Rent a) Upon the Commencement Date, the Lessee shall pay Owner, as rent, the sum of Fourteen Thousand Four Hundred dollars ($15,500.00) per year based upon Lessee's installation as shown on Exhibit B. The first year's rent shall be pro-rated to the end of 1996. The entire annual rent shall be 'paid on the Commencement Date and within the first ten (10) days of January of each succeeding year. b) The rent shall be increased annually (commencing January 1, 1997) by four percent (4 %). c) Lessee may not add additional equipment andlor antennas from that shown in Exhibit B without approval of owner and an addendum agreement for additional rent. d) If the lease is tenninated, rent shall be pro-rated to the tennination date. 4. Property Use Lessee may use the property for the installation, operation, and maintenance of facilities for the transmission and reception of radio communication signals in such frequencies as may be assigned to Lessee by the Federal Communications Commission (the "FCC") and for the storage of related equipment in accordance with the tenns of this Lease. This use shall be non-exclusive. Lessee shall use the property in compliance with all federal, state, and local laws and regulations. Owner agrees to reasonably cooperate with Lessee in obtaining, at Lessee's expense, including Owner's reasonable attorney and administrative fees, any federal licenses and permits required for Lessees use of the property. 5. Installation of Equipment and Leasehold Improvements a) Lessee shall have the right, at it's sole cost and expense, to install, operate, and maintain in accordance with good engineering practices, with all applicable FCC rules and regulations, on the property, all necessary equipment, personal property, and facilities which include radio transmitting and receiving antennas not to exceed that designated in Exhibit B (the "Antenna Facilities"). b) Lessee's installation of all such Antenna Facilities shall be done according to plans approved by Owner, which approval shall not be unreasonably withheld. Owner shall approve or object to such plans within thirty (30) days of receipt, and failure to make any objection within said thirty (30) day period shall be deemed approval by Owner. Any damage done to Owner's property during installation or operations itself during installation and operations shall be repaired or replaced at Lessee's expense and to Owners's reasonable satisfaction. 2 c) Lessee shall provide Owner with a Site Plan consisting of CAD drawings and diagrams of the Antenna Facilities and the improvements installed on the Property, which show the actual location of all equipment and improvements. Said drawings shall be accompanied by a complete and detailed inventory of all equipment, personal property, and Antenna Facilities, and shall be attached hereto as Exhibit B when installation is 'completed. (d) The manner in which the lessee's facilities are attached to the tower shall be subject to prior approval by Owner. Owner shall approve or object to the manner of attachment within thirty (30) days of receipt of such plans, and failure to make any objection within said thirty (30) day period shall be deemed approval by Owner. ' 6. Equipment Up2rade Lessee may update or replace the Antenna Facilities from time to time with prior written approval of Owner which approval shall not be unreasonably withheld provided that the replacement facilities are not greater in number, weight, size or volume than the existing facilities and that any change in their location on the leased premises is satisfactory to Owner. Lessee shall submit to Owner a detailed proposal for any such replacement facilities and supplemental materials for Owner's evaluation and approval. Owner shall approve or object to such proposal within thirty (30) days of receipt, and failure to make any objection within said thirty (30) day period shall be deemed approval by Owner. 7. Maintenance a) Lessee shall, at it's own expense, maintain any equipment on or attached to the Property in a safe condition, in good repair, and in a manner reasonably suitable to Owner so as not to conflict with the use or other existing lease of the property by Owner. Lessee shall not unreasonably interfere with the working use of the Property, related facilities or other equipment of additional lessees . b) Lessee shall have sole responsibility for the maintenance, repair, and security of it's equipment, personal property, Antenna Facilities, and leasehold improvements, and shall keep the same in good repair and condition during the Lease term, including painting it's equipment the same color as the tower. c) Lessee must keep the property free of debris or anything of a dangerous, noxious or offensive nature or which would create a fIre or other hazard, undue vibration, heat or noise, interference, etc. d) When Owner paints or repairs its tower, it shall be the responsibility of the Lessee to provide adequate measures to cover Lessee's equipment, 3 personal property or Antenna Facilities and protect such from paint and debris fallout which may occur during the paint restoration process or repairs. Owner will provide written notification to lessee at least thirty (30) business days in advance, for any maintenance, repair, or any other work on the tower that would impact Lessee's Antenna Facilities. In the case of an emergency, written prior notification is not required. 'However, Lessee will be notified by phone within twenty-four (24) hours of a recognized emergency. Owner will not remove Lessee's equipment without Lessee's prior written consent. e) Lessee will fence off or otherwise have a physical barrier, meeting Owner's approval, separating it's approximate 300 square feet of ground space from the remainder of the Owner's ground space. 8. Property Access a) Lessee, at all times during this Lease, shall have vehicle ingress and egress over the Property by means of the existing access, subject to notice requirements to Owner as set forth in section (b) below. b) Lessee, at all times during this Lease, shall have access to the Property in order to install, operate, and maintain its Antenna Facilities. Lessee or its employees, agents, or subcontractors will be required to sign-in before entering onto the property. Owner will be responsible for detennining the sign- in location. c) Lessee is also granted the right, at its sole cost and expense, to enter upon the Owner's property to detennine the properties suitability for any intended use of Lessee, which studies may include surveys, environmental evaluations, radio wave propagation measurements, field strength tests and such other studies as Lessee deems necessary or desirable. 9. Utilities. Owner represents that utilities adequate for Lessee's use of the Property are available. Lessee will pay for all utilities used by it at the Property. Owner will cooperate with Lessee in Lessee's efforts to obtain utilities from any location provided by Owner or the servicing utility. 10. Personal Proj>erty and Real Estate Taxes If any such improvements constructed on the Property should cause part of the Property to be taxed for real estate purposes, it shall be the liability of said Lessee to pay such property taxes that are attributable to the Lessee's equipment on the property, within thirty days of receiving the tax bill. 11. Compliance with Statutes. Reeulations. and Ap,provals Lessee's use of the Property herein is contingent upon its obtaining all certificates, pennits, zoning, and other 4 approvals that may be required by any federal, state or local authority (Engineering study, radio frequency interference study, etc.). Lessee's Antenna Facilities and any other facilities shall be erected, maintained and operated in accordance with site standards, state statutes, rules and regulations now in effect or that thereafter may be issued by the FCC and related governing bodies. 12. Interference a) Lessee's installation, operation, and maintenance of its transmission facilities shall not damage or interfere in any way with Owner's tower operations including repair and maintenance activities. Owner's tower operations take priority over Lessee's operations and Owner reserves the right to take any action it deems necessary, in its sole discretion, to repair, maintain, alter or improve the property in connection with tower operations as may be necessary, after giving notice as described in paragraph 7(d). The Owner agrees to give twenty-four (24) hours advance notice of any such activities to the Lessee and to reasonably cooperate with the Lessee to carry out such activities with a minimum amount of interference with Lessee's transmission operations. Nonetheless, if Owner's use of the tower does cause interference with Lessee's operation, the Owner shall not be responsible, and, at Lessee's choice, it may terminate this lease under the notice provisions and conditions as contained elsewhere in this lease. b) Owner in no way guarantees to Lessee noninterference with Lessee's transmission operations, provided, however, that in the event any other party requests permission to place any type of additional antenna or transmission facility on the Property, the procedures of this Paragraph shall govern to determine whether such antenna or transmission facility will interfere with Lessee's transmission operations. Owner hereby covenants to use its best efforts to afford Lessee protection from interference which may be caused by the operations of subsequent additional property uses. If Owner receives any such request, Owner shall submit the proposal complete with all technical specifications reasonably requested by lessee to Lessee for review for noninterference. Lessee shall have thirty (30) days following receipt of said proposal to make any objections thereto, and failure to make any objection with said thirty (30) day period shall be deemed consent by Lessee to the installation of antennas or transmission facilities pursuant to said proposal. However, if Lessee gives notice of objection for interference in such 30 day period, owner will not proceed with proposal. The entities requesting an additional lease shall be responsible for the expenses incurred in any independent validation of Lessee's interference objections. If the independent analysis validates Lessee's interference objections, Owner shall not lease space to the other party. If Lessee's interference objections are invalid, owner may allow installation of requesting parties antennas and transmission facilities. 5 Notwithstanding the above, if Lessee believes that any subsequent tenant on this tower is causing interference with Lessee's transmission operations, Owner shall have an independent analysis completed at Lessee's expense, to determine if any subsequent tenant is causing such interference. If such belief is validated, Owner shall require the subsequent tenant to correct the situation within 30 days, or cease operation. 13. Termination Except as otherwise provided herein, this Lease may be terminated by either party upon sixty (60) days' written notice of default to the other party as follows: (a) by either party upon a default of any covenant or term hereof by the other party, which default is not cured with sixty (60) days of receipt of written notice of default to the other party (without, however, limiting any other rights of the parties at law, in equity, or pursuant to any other provisions hereof); (b) by Lessee if it is unable to obtain or maintain any license, permit, or other governmental approval necessary for the construction andlor operation of the Antenna Facilities or Lessee's business; (c) by Lessee if the Property is or becomes unacceptable under the Lessee's design or engineering specifications for its Antenna Facilities; (d) by Owner if it determines, after review by an independent structural engineer, that the Property is structurally unsound for use as a tower, including but not limited to consideration of age of the structure, damage or destruction of all or part of the Property from any source, or factors relating to condition of the Property; or (e) if the FCC determines in its sole discretion that continued occupancy of Property by Lessee is in fact a threat to health, safety or welfare. Upon termination of this Lease for any reason, Lessee shall remove its equipment, personal property, Antenna Facilities, and leasehold improvements from the Property on or before date of termination, and shall repair any damage to the Property caused by such equipment, normal wear and tear excepted; all at Lessee's sole cost and expense. Any such property or facilities which are not removed within 30 days following the end of the lease period shall become the property of Owner. Upon termination of this lease, Lessee will remove the Antenna Facilities, related equipment, and repair the site and restore the tower surface to the reasonable satisfaction of the Owner. 14. Insurance a) Lessee shall carry adequate insurance to protect the parties against any and all claims, demands, actions, judgments, expenses, and liabilities which may arise out of or result directly or indirectly from Lessee's use of the Property. Any applicable policy shall list the Owner as an additional insured and shall provide that it will be the primary coverage. The insurance coverage must include, at least, Comprehensive General Liability Insurance Coverage, including premises/operation coverage, bodily injury, property damage, independent contractors liability, 6 completed operations coverage, and contractual liability coverage, in a combined single limit of not less than One Million Dollars ($1,000,000) per occurrence, subject to One Million Dollars ($1,000,000) aggregate. Lessee may satisfy this requirement by underlying insurance plus an umbrella policy. b) Lessee shall provide Owner, prior to the Commencement Date and before each renewal of the Lease term, evidence of the required insurance in the form of a certificate of insurance issued by an insurance company licensed to do business in the State of Minnesota, which includes all coverage required in Paragraph above. Said certificate shall also provide that the coverage may not be canceled, non-renewed, or materially changed without thirty (10) days' written notice to Owner. 15. Damage or Destruction If the Property or any portion thereof is destroyed or damaged so as to hinder its effective use of its Facilitates, Lessee may elect to terminate this Lease upon thirty (30) days' written notice to Owner. In such event, all rights and obligations of the parties shall cease as of the date of the damage or destruction and Lessee shall be entitled to the reimbursement of any rent prepaid by the Lessee. 16. Indemnification Lessee and Owner agree to indemnify, defend, and hold harmless each other and its elected officials, officers, employees, agents, and representatives, from and against any and all claims, costs, losses, expenses, demands, actions, or causes of action, including reasonable attorneys' fees and other costs and expenses of litigation, which may be asserted against or incurred by the indemnified party or for which the indemnifying may become liable, on account of the indemnifying party's use of the Property and which arise from the negligence, willful misconduct, or other fault of the indemnifying party or its employees, agents, or subcontractors in the performance of this Lease or from the installation, operation, use, maintenance, repair, removal, or presence of Lessee's transmission facilities on the Property, and specifically including the representations and warranties of Paragraph 18(b) of this Lease, provided same is not due to the willful conduct of Owner. Notwithstanding the foregoing provisions to the contrary, neither party shall have any liability for any damages coverable under standard special form property insurance policy with respect to any equipment, real or personal or other improvements owned by the respective parties. If the indemnifying party fails or neglects to defend such actions, the indemnified party may defend the same and any expenses (including reasonable attorneys' fees) which it may pay or incur in defending said actions, as well as the amount of any judgment or settlement which it may be required to pay, shall promptly be reimbursed by indemnifying party. 17. Notices All notices, requests, demands, and other communications hereunder shall be in writing and shall be deemed given if personally delivered or mailed, certified mail, return receipt requested, to the following addresses: 7 If to Owner, to: City of Roseville 2660 Civic Center Drive Roseville, MN 55113 Attn: Finance Department If to Lessee, to: Sprint Spectrum, L.P. 2900 Lone Oak Parkway Suite 140 Eagan, MN 55121 Attn: Karl Brusen Copy to: Sprint Spectrum, L.P. 4900 Main Street, 5th Floor Kansas City, MO 54112 Attn: Business Law Group 18. R~resentations and Warranties a) Owner represents that (i) it has full right, power, and authority to execute this Lease; (ii) it has good and unencumbered title to the Property free and clear of any liens or mortgages subject to such liens of record; (Hi) that Lessee shall have quiet enjoyment of the Property during the tenn of this Lease in accordance with its tenns; and (iv) that Owner shall not have unsupervised access to Lessee's PCS equipment located in its equipment shelter. b) Owner represents that Owner has no knowledge of any substance, chemical or waste on the Owner's Property that is identified as hazardous toxic or dangerous in any applicable federal, state or local law or regulation. c) Lessee represents and warrants that its use of the Premises, herein, will not generate and it will not store or dispose on the Property nor transport to or over the Property any hazardous substance and further agrees to hold Owner harmless from and indemnify Owner against any release of any such hazardous substance and any damage, loss, or expense or liability resulting from the breach of this representation or from the violation of any state or federal law by such release including all attorneys' fees, costs and penalties incurred as a result thereof except any release caused by the negligence of Owner, its employees or agents, other than such materials used in the ordinary course of Lessee's business in accordance with all applicable laws and regulations. "Hazardous substance" shall be interpreted broadly to mean any substance or material defmed or 8 designated as hazardous or toxic waste, hazardous or toxic material, hazardous or toxic or radioactive substance, or other similar term by any federal, state or local environmental law , regulation or rule presently in effect or promulgated in the future, as such laws, regulations or rules may be amended from time to time; and it shall be interpreted to include, but not be limited to, any substance which after release into the environment 'will or may reasonably be anticipated to cause sickness, death or disease. 19. No Liability on Owner Owner shall not be liable for damage to Lessee's equipment or facilities, and Owner shall not be liable for vandalism or malicious mischief caused by third parties, known or unknown. 20. Assignment a) Lessee may not assign or sublet this Lease without the prior written consent of Owner, which consent shall not be unreasonably withheld. Notwithstanding the provisions of this paragraph, Lessee shall have the right, without Owner's consent, to assign this Lease to any parent subsidiary or affiliate of Lessee or any corporation into which lessee may be merged or consolidated or which purchases all or substantially all of the assets of Lessee, as long as Lessee remains obligated on the Lease. Any approved sublease that is entered into by Lessee shall be subject to all of the provisions of this Lease. b) The parties acknowledge that this is a nonexclusive lease. Nothing in this Lease shall preclude Owner from leasing other space for communications equipment to any person or entity which may be in competition with Lessee, or any other party, subject to the conditions set forth in paragraph 12 of this Lease. 21. Successors and Assigns This Lease shall run with the Property. This Lease shall be binding upon and inure to the benefit of the parties, their respective successors, personal representatives and assigns. 22. Miscellaneous a) Each party agrees to furnish to the other, within ten (10) days after request, such truthful estoppel information as the other may reasonably request. b) This Lease constitutes the entire agreement and understanding of the parties and supersedes all offers, negotiations, and other agreements of any kind. There are not representations or understandings of any kind not set forth herein. Any modification of or amendment to this lease must be 9 Dated: Dated: in writing and executed by both parties. c) This Lease shall be construed in accordance with the laws of the Sate of Minnesota. d) If any term of this Lease is found to be void or invalid, such invalidity 'shall nor effect the remaining terms of this Lease, which shall continue in full force and effect. e) Upon request by either party, the parties agree to promptly execute and deliver a recordable memorandum of this lease in a form acceptable to both parties which may be recorded by the party requesting the memorandum of lease. This Lease was executed as of the date ftrst set above. OWNER - CITY OF ROSEVILLE By: Its: Mayor and By: Its: Clerk! Administrator Sprint Spectrum LP By: Its: /uImelisdlwplRosevillell011.83/1ease 10 EXHIBIT "A" TO SITE AGREEMENT LEGAL DESCRIPTION OF OWNER'S PROPERTY: The South 200 feet of the North 266 feet of the East 410 feet of the Southeast 1/4 of the Northwest 1/4 (subject to road and easements) in Section 9, Township 29, Range 23, Ramsey County. " EXHIBIT "B" TO SITE AGREEMENT I ./"' REQUEST FOR PLANNING COMMISSION ACTION DATE: 03/12/97 ITEM #: PF 2882 nt Approval: Manager Approved: Agenda Section: Hearin s Ite Description: APT request for conditional use permit to erect non- ~hted 150 ft. steel self suw>ortin~hone tower and e~ment cabinets 1.0 Background 1.1) APT, a subsidiary of Telephone and Data Systems, Inc., requests approval of a conditional use permit to construct a 150 foot steel, self supporting telephone tower and equipment cabinets on a remote southwestern corner of property commonly known as the St. Paul Water Authority - Reservoir site. See the attached map. 1.2) Roseville's City Code, Section 1012.10 A, states that commercial towers must be located on city controlled or owned sites. In this case, the Water Authority property is currently being purchased by the city, or the city will obtain control of the needed tower site through an easement or other agreement. The City must designate the site as a "tower site". The City Council has previously given APT the authority to act as the applicant for a tower site that the city will designate on the Water Authority site. 1.3) Because the Water Authority site was not a city controlled or owned site at the time of adoption of the ordinance, and because the site is zoned "R-1", APT, as the designated city applicant, must apply for a conditional use permit. A public hearing is required and has been scheduled for the Planning Commission meeting on March 12, 1997. 2.0 Consistency with Comprehensive Plan and Policy: 2.1) The installation of essential public communications equipment is recognized as a necessity of the community. It may enhance public and police/fire emergency communications. In the past the Commission and Council have referred to Vista 2000 and Comprehensive Plan policies which state that the city should attempt to reduce clutter and improve aesthetics; placing one multi-user pole on some of the highest ground in the community reduces the need to place tall towers and wires in other locations. As this new technology becomes more popular, it may be possible to use existing tall buildings and other structures for more "phone cells". The proposed use 1 has no impact upon the comprehensive plan designation for the area, which is currently designated as semi public Water Works land use. 2.2) It is anticipated that the City will soon purchase portions of the Water Authority property and retain it primarily for public purposes including open space and park use. Placing a communications utility tower on public land allows the city to control the number of towers and uses of the site. 3.Jl Description of the Current Request 3.1) The applicants note that the site is currently owned and being used as a public utility site for the storage and flow control of drinking water. A tower user, water utility, and park/open space can coexist on the same site without placing additional public service demands on the site. 3.2) The site is well screened by mature 50 to 60 foot trees and is bordered by a cemetery on the west and southwest side. The first 50 60 60 feet of the tower would not be directly visible from many residences because of the topography and thick vegetation. 3.3) The site is accessible by existing roads within the Water Authority site. Because this site is part of an eventual open space, the City will maintain the existing gravel roads for use by utility providers such as the telephone tower leasers. No additional parking spaces are necessary. 3.4) Studies have shown no health, noise or harmful radio waves are emitted by this tower user. If the tower were to collapse, it would buckle and fall within the 150 foot radius or less of the tower foundation. Ice and snow from the tower will also fall within the radius. 3.5) The proposed steel tower would be approximately 150 feet in height and would be self supporting - no wires or guys are necessary to anchor it. The maximum height is established by a condition of the conditional use permit. The cellular phone antennas on the tower (up to nine) are 6.6 feet long, 6 inches wide, and 1.5 feet thick. These antennas will operate in the 1.9 Ghz to 2.2 Ghz radio frequency range, transmitting and receiving a low power wireless radio signal to a service cell primarily in eastern and central Roseville. No sewer or water service is necessary. Screening of the security 2 fencing (up to 8 feet high and topped with barbed wire) by landscape plantings will be required to reduce at grade visibility of the equipment. 3.6) A prefabricated set of equipment panels will be needed near the base of the tower. They will be connected to the tower by one cable to each antenna. 3.7) The towers are not required to be lighted. Electric and phone wires to the site will be buried. Security lighting on the site must be downcast on the equipment areas only. 3.8) It is possible that the city may place additional emergency services whip antenna for fire, police, and public works on the same tower. Over the long term, the city may wish to own the tower. 4.0 Staff Summary and Recommendation: 4.1) The staff has reviewed the information in the application and finds it to be consistent with the intent of public/semi public uses on city owned or controlled sites. No safety hazard has been identified. The use will be screened from view by mature trees and topography. The use could reduce the need for other such towers by allowing for up to nine antenna on one tower. The tower can also enhance public emergency communications systems. Equipment areas at grade will be screened with plantings and wires into the site will be buried. Building permits, including engineering calculations for structural stability will be required. 4.2) Staff recommends approval of the conditional use permit to allow for the construction of one permanent cellular telephone tower on property commonly known as the Water Authority site. 4.3) As part of the City Council conditional use permit resolution, the staff recommends that a series of operational conditions be included in the permit. (See attachment "A".) Suggested Commission Action: 1) Open the public hearing. Accept comment. If satisfied all comment has been heard, close the hearing. 3 2) By motion, recommend approval of a conditional use permit for one communications tower consisting of a 150 foot steel, self supporting telephone tower and equipment cabinets on the southwestern corner of property commonly known as the St. Paul Water Authority - Reservoir site with conditions as provided in attachment "A". Date of Application: February 18, 1997 Decision Deadline: April 19, 1997 Attached: Location Map and applications materials Attachment "A" (Conditions) Report by: Dennis Welsch, 490-2232 C:\WPWIN60\WPDOCS\PLANCOMM\PF2882.PCA 4 Attachment "A" 3/12/97 PF 2882 Conditions to be attached to be attached to Conditional Use Permit Resolution. This conditional use permit (CUP) shall be for one communications tower consisting of a 150 foot steel, self supporting telephone tower and equipment cabinets on the southwestern corner of property commonly known as the St. Paul Water Authority - Reservoir site with conditions as follows: 1. The maximum height above grade at the tower base shall be 150 feet. Up to 9 radio/antenna at a size specified in the application, may be installed on the tower. 2. The applicant shall apply for and receive a license/tower permit from the City of Roseville prior to applying for a building permit. 3. All CUP application materials shall be considered part of the permit. The applicant shall apply for and receive a building permit prior to commencing construction. Supporting documents for the building permit shall include a Minnesota registered engineers calculations and certification of structural strength and stability. 4. Approvals in writing from the Water Authority for access over, under, or on the surface of Water Authority property by machinery technicians, and underground wires shall be included in the building permit application. 5. The base of the tower shall be located in an area at least 150 feet from any occupiable structure. 6. All utility wires or lines leading to the equipment panel site shall be buried. 7. The applicant shall adhere to provisions of City Code Section 1012.10, subp. 5 through 7 and 9 through 12, except that paved driveways and parking spaces shall be at the discretion of the City. 8. The proposed steel tower shall be self supporting - no wires or guys are necessary to anchor it. The cellular phone antennas on the tower (up to nine) shall be a 5 maximum size of 6.6 feet long, 6 inches wide, and 1.5 feet thick. These antennas will operate in the 1.9 Ghz to 2.2 Ghz radio frequency range, transmitting and receiving a low power wireless radio signal to a service cell primarily in eastern and central Roseville. No sewer or water service shall be installed . 9. A prefabricated set of equipment panels may be installed near the base of the tower. They will be connected to the tower by one cable to each antenna. 10. A 30 foot by 40 foot equipment panel area with security fencing (up to 8 feet high and topped with barbed wire) shall be located adjacent to the site and approved by the Community Development Director. The equipment area shall be screened by landscape plantings to reduce at-grade visibility of the equipment. The Community Development Director shall review and approve the landscape screening and fencing plan and location. 11. The tower shall not be lighted. Electric and phone wires serving the equipment and tower shall be buried. Security lighting on the site shall be downcast on the equipment areas only. 12. The city may place additional emergency services whip antenna for fire, police, and public works on the same tower. The city may own the tower. 13. The 150 foot tower and supporting equipment shall be completely removed from the site by the applicant after operations cease, equipment is damaged or unsafe as determined by the City Building Official, or the CUP elapses, or the CUP is violated. The City may require posting of a bond to assure removal of the tower and or equipment by the applicant in a timely manner. 14. After approval by the City Council, one temporary tower may be installed on the site for up to 120 days with a possible extension of up to an additional 120 day by the City Council. The tower and supporting equipment shall be completely removed from the site by the applicant after operations cease, equipment is damaged or unsafe as determined by the City Building Official, or the temporary permit elapses. The City may require posting of a bond to assure removal of the tower and or equipment by the applicant in a timely manner. 6 CITY OF ROSEVILLE PUBLIC HEARING NOTICE TO: APPLICANT: PURPOSE: LOCA TION OF PROPERTY AND LEGAL DESCRIPTION: TIME OF HEARING: ADDITIONAL PUBLIC COMMENT: PLACE OF HEARING: HOW TO PARTICIPA TE: ANY QUESTIONS: Mailing Date: February 28, 1997 J:\CHAR\WP51 CH\NOTICES\2882MAR.NOT .". it 'i ""~i i!v--'~~' .'..\::::::::::::::: 1,'/ . Y~~:'V~rI. LI' df? if: i '\ ":\'" mmm /,';/ . / ~ ),'b"'~i 10:"' (-]1- ^ ~ // .,':.\ ..... 't- .I'" ~/::;' -"::::::;;:;;' , i//~' . '\ 4> J:.j \.. ,..,---.:~.11 .... /,. /~ \--"; 'iii *" fi ,'-f) , <. 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II. ~1I~~ 0 3: ~~ _~1/~~ 0 <lz;... a: ~ ~~ ! ~1I~ ~ 0 a: (,) rn ~1/~~ ... 0 a: ~1/~~ ~1I~~ ~1I~~ ,,-..... .~ ("'\I a: egg I ~ Q)("'\I I ~1I~~ s ~==I:t: Q)~ . ~ U)~ II ~'-' ~ ... a: Q) ~~ .~ a: S::=rJJ ..J - .9 ~ ... a: ~ ~.~ ~ o~ . .-.I z~ '"C .~ 85 ... g~ a: l1li ~~ U $o..c IiI1!I <~ Q) rota ~~ ca~ ~ ~ .-.I U) ~ g~ c:r~ Iii!!! Q)rJJ p:2 $o..c .~ iL.., ~ Q) !!~.!! ~~ :iE J! ~ r w !~o < ta S:! ... .~l a: bb6b :iE J~ w S:! ... a: --~li.J------- -h---Nl33Hl,-~____________.-_-_-_-_:::~::::::::::::::___::::: ::::::::~lf<<jl_ _ h___., .:."\.... ................--..- :iE w S:! ... a: \,. EXHIBIT" A" SKETCH AND DESCRIPTION OF PROPERTY: 3 0 - /'1t3. Ae S (L('I/O; p. Ib-M.G. ~ LEA SE AREA 3o'~ 40' LEGAL DESCRIPTION OF OWNER'S PROPERTY: ~of ,.,?c, ~c." ~ Plat. 03953 Section 14 ,Township 29, Range 23. S 652 5/10 FT ofE 700 FT ofSW ~ ofNE ~ and S 652 5=1 FT ofW 400 FT ofSE ~ ofNE ~ and N 3775/10 FT ofE 400 FT ofNW ~ ofSE ~ ofSeetion 14, 1N 29, RN 23. SITE ID #: AINOSl SITE NAME: Roseville . i \VJ\\hI V;.st~t: \\ I 8 Fe:JUR7'# 5.7'. 6ftsT - .sUITE "100. 5;: ?Av.l. .MI\J .s's/O I , , Address of Owner: (No. And Street) (City) (State) (Zip) ~E.R,eAN PcRr^Rl..E -rEJ-€~ / (Pa-ER Jk/~"J..) BsB -010 Jf , Name of Applicant: (First) (Middle) (Last) (Phone) J7nJ . IE 79"'" 57. 5uIJER BJ..cD-...WGI~ /"'/\J S! l.J~S ,J .", , Address of Appl.: (No. And Street) (City) (State) (Zip) 5. 1 9 DIAL,.4=\ V'..9"4 UR, IfC I . ~ O~~VIJ..lJ1. r\."v Street Address of Property Involved: I s.. ~ .' 2. .., ~. 4. ~ 2660 CIVIC CENTER DRIVE ROSEVILLE, MINNESOTA 55113 PHONE: 490-2279 FAX: 490-2931 Please check item or items for which you are applying: 7- PUD Rezoning Conditional Use Pennit Vacation of Right-of-Way Preliminary & Final Plat $750 $100 $100 $200 $ SO $750 $300 a20Q) = $200 $500 Comprehensive Plan Amendment Division of Platted Lot Relocation of Dwelling Variance to Zoning Ordinance Shoreline Permit When applying for more than one approval, only one fee (the highest) is charged. Please complete fonn by typing or printing in ink. If the spaces provided are insufficient, use additional sheets, keying infonnation to the proper item numbers: 1. .51. ~uL Name of Owner: v-r, J../.,) (Middle) ~t, - ~.:(~ 5 (Last) (Phone) ~A=n=-R (First) 6. Complete Legal Description of Property Involved: See. A~.EJ") L .. It E>cHIBJ'T A- 7. . Present Use of Property: . lfj,L.rr"r Proposed Use of Property: {JTi~."TY . Present Zoning of Property: f?~ Proposed Zoning of Prop.: RES 8. 9. Present Comprehensive Plan Designation: V~7"ER W"oR~~ Proposed Comprehensive Plan Designation: \. /'A7ER. vt::>Rk'; 10. What plan or change makes this request necessary? . J1?o?o~.D . CL:JN.s7'In.Jc.T ItI;rJ ~F A \,v,RELt:~( c.~,..,..-v,.."t:.4TU!,~s rA<.u... r,Y. 1 11. W'h~t ic:: tnp PYp"'t"tptf pffpl"t nftnp pr~c::ptf t"n~ngp? (pnr PY~mrJp, nn prnppMy V~h1PC::, health, safety, parking, traffic conditions,. etc.) ?.L~~ gEr.€R.. T~ ~XJ-iJ3JT I'B" ~. } . t 12. For Rezoninl and PUD: A. Include a legal description for each existing property in different zoning districts. B. Include a legal description for each proposed zoning classification. 13. For Conditional Use Permit: A. City Code Section authorizing conditional use pennit: ,SEe. I O/.Q. lOA. I 14. For Vacation ofRipt-of-Way: A. A petition must be submitted signed by at least 51 % of the abutting property owners. The original statement in the petition should be as follows: "We, the undersigned, owners of at least 51% (fifty-one percent) of the property abutting request that this section of right-of-way be vacated because it is no longer of value to the general public. All property owners signing the petition shall list their address and legal description of their property. . 15. For PlatOnl: A. Number of Lots: B. Subdivision to be known as: C. Eng~eer: Name Phone D. Land Planner: Name Phone 16. For Division ofPlatte4 Lot: A. Separate legal description for each newly created lot shall be provided. 17. For Relocation of DwelliQr: . A. The legal description for the land upon which the building is to be moved. B. The application shall be accompanied by'a written consent and approval of at least 50% of the property owners within 250 feet of the relocation. 2 18. For Variance: J l~ t .' A. Variance is requested from the following section of the City Code: B. State exactly what is intended to be done on or with the property which does not conform with the City Code: C. Explain the physical hardship that makes the variance necessary. 19. Applicant's requesting a rezoning, conditional use permit, PUD, variance, division of lot, or platting of property are encouraged to conduct a neighborhood meeting at least fifteen (15) days before the scheduled Planning Commission Public Hearing, and to send notices to all of the affected property owners. Affected owners are listed on the required Abstractor's Certificate. The meeting is a time for the applicant to review and explain the proposed development to the nearby property owners. This policy applies only when residential property, R-l through R-8, is listed on the Abstractor's Certificate. Please indicate the date that you have met or will be meeting with the affected property owners: \"'/,LL 5t:.JJ.E~ -'-H:n_6~R . FEB_:t' _. /997 , 20. Except as noted. the followine information must be submitted for all applications: A. Application and Fee B. Abstractor's Certificate listing the NAMES AND ADDRESSES ON LABELS for each owner of the land within 350 feet of the boundaries of the property for which a conditional use permit, rezoning, PUD and comprehensive plan - amendment applicadonis requested. The abstractor's listing for variances, lot divisions, preliminary/final plat, house relocation, and.vacation of right-of-way applications shan include all property ownenwithin 250 feet of the boundary of the. property. C. Proposed plans (2 copies) including site plan, landscape plan, grading and drainage plan, and exterior building elevation drawings showillg buDding. materials is required. Such drawings shan be on 8-112"xll" or 11 "xI7" paper. 3 ..... ,- .' D. Narrative: Attach an explanation of the site planning, landscaping, and architecture of project in detail including the need for the project, any physical hardships, and the expected noise, air, drainage, lighting, waste management, parking, and traffic impaccts. . , , - , - E. Other documents as required by the City Planner. 21. Application Process: A. Applications and accompanying documents are reviewed by the City staff. B. The completed application is scheduled for the next available Planning Commission public hearing. Estimatpn n~tp' C. Planning Commission conducts public hearing and makes recommendation to the City Council. Estimated date: D. City Council conducts public hearing. Estimated date: E. City Council decides on the request. Estimated date: 22. The above statements are true and correct to the best of my knowledge. 0......" 9 ~ ;,d Signature ~S8 - 0)"0 l-f Telephol}e ~/ /' /9? Date . . 4 "t CELLULAR REALTY ADVISORS, 1Me. 1701 79th Street, Suite 19 Bloomington. MN 55425 (812) 858-0104 (813) (812) 854-4105 Fax 10 February 1997 Mr. Mike Faulk, City Planner City of Roseville 2660 Civic Center Drive Roseville, MN 55113 RE: Application for Conditional Use Pennit Proposed PCS Wireless Telephone Tower Facility by American Portable Telecom (APT) for St. Paul Water Utility Site Dear Mr. Faulk: This'narrative accompanies an application for a Conditional Use Permit which win allow the location of a PCS wireless communication antenna and tower on the property currently owned by the City of Saint Paul Water Utility Department I have been authorized by APT to act as their representative for planning and zoning matters. APT is a subsidiary of Telephone and Data Systems, Inc. (TDS). TDS is a Chicago-based telecommunications company which provides' cellular telephone, local telephone and radio paging services to more than 1.9 million customers in 37 states and the District of Columbia through its subsidiaries, United States Cellular Corporation, TDS Telecommunications Corporation and American Paging, Inc. APT is the 511 largest PCS license holder in the United States in terms of population equivalents. Last year APT was granted a license by the,Federal Communications Commission to operate a PCS VVireless Phone-System in the Twin City mar1<et area and five other major markets in the United States. PCS is one of the newest emerging Iow-power wireless technologies that will compete with the cellular and local phone service. PCS will look, sound and work better than traditional cellular and will also have the advantage of being able to provide paging, fleet dispatch data and video transmission all with one portable handheld phone. PCS wireless is digital and can handle more calls per channel than traditional cellular and transmits at lower watts. USE OF EXlSIT1NG SITE AND SURROUNDING AREAS The site is currently being used as' a water.reservoir by the City of Saint Paul. The site is zoned residential ,and is surrounded by additional water utility facilities" a cemetery and single family homes. The tower is.Jocated near one of the reservoirs on the west side of the site near the cemetery . PROPOSED USE APT is proposing to construct a 45 meter (approximately 150 feet) steel self supporting tower. There will be up to nine directional panel antennas (n- high x 6" wide x 1.5" deep) which operate within the 1.9 GHz to 2.2 GHz radio frequency range. I . . !It . , Unmanned prefabricated equipment cabinets measuring approximately 5' high x 3' wide x 3' deep will be located near the base of the tower. Typically these weather-proof, self-contained equipment cabinets are connected to the antennas by 1 5/8' cable (each antenna requires one cable run). The communication equipment requires 100 amp, 220 volt, single phase electrical service. There will be no noise, air, drainage, lighting, waste management, parking or traffic impacts from this proposed site. The antennas are not required to be lighted according to FAA requirements. The antennas will transmit and receive low power wireless radio signals. I thank you in advance for your time and attention to this matter. Please feel free to call with any questions you may have. Sincerely , CELLULAR REALTY ADVISORS, INC. ~ C)/-..J ~~O. n--JJJ Peter D. Heimdahl Zoning Coordinator, on behalf of APT Ene!. M:\Zoning\L.inda\roseapp2.doc ... Exhibit "S" The selected site for the proposed communication. tower happens to be owned and used by the City of Saint Paul Water Utility Department. It is unlikely that the property values around the site will be affected .in any way. Other issues such as parking and traffic are not a consideration for this type of use. Studies have proven there are no health issues related with a communication tower and engineering studies have shown that safety, too is not an issue. Should environmental factors exceed the tested duribility of the tower, which is over designed even beyond extreme factors, then the tower will colapse upon itself and not at a 90 degree angle. Our expected effect on the comunity is that Personal Communication Service (PCS), which is new communication technology, will keep the residents of Roseville in competition with the rest of the world. This tower will allow the advancement of technology to spread through the Greater Twin Cities area. :~~:..c:.:~arr'I'I!'_- . '. .. United States or America Federal CoInmanlcallolllCommlulon RADIO STATION AUTHORIZATION CcJaunenUI MobIle Radio Semc. PenonaI Ccmmak:adonI Senlce. Brn-Mt~nd APT MlNNEAPOUS, INC. 30 Nonft LaSalle Slreet SuIte 4000 CNc8go, IL 80802 KNLF224 110'2 __APOLJ8.8T. PAUl Cb-nari BJock: B File Number: OOD2100CW-L-IS Call Sign: Mart.e~ ....... ... ... ......-.....-.--..... ...... ..-. ... -....-.-........... ...........--.......-... ..-... .......-..............-... ....... ..- ...... ............ ........ ... ..,.. ............. 1be lil:al. bcnot is adIoriIed. tar ... pt:Iiod iPdicared. ro CODSIftICI.IDd opaa JIdio ~~. ~IiQe" iD accc.daIa wi.. die 1BIDI1IId~~ ~ ~ 1'1aia ........-u.- illabjea ., eM: proviaioDI of !be C.--qRiCUioaa N::c at 1934. . WIft1Ied. ..... Aaa of Ccapu. illfaDadGaatca_ and qroeIIIa1lS ro wJUda cbI UairecI s._ is. aipImry, _lID ~ ndDs _ ICphlinnc at die PecIaal CnrnmUllicalioaa o-_i~ caaraiDc4 ill die TIde 47 of Ibe V.s. Code f1 PedcnJ JtqnIMtmc IDiIial Gram DIle. . . . . . . . . . . . . . . . . . . . . . . June 23, 1115 Five-year Build Out Date. . . . . . . . . . . . . . . . . . . June 23, 2000 ExpiralioaDatc....................... . June 23. 2005 .. ....,.. . ..~ ,....1 to Seaioa D(Ja) at die c-lIfticaliGal Me of 1m. -~. (~7 V.s-c. t J09(]a)). dID IieeIIIe . Rbjec& 10 .... taIJowiaa ~: TIIiI... doa 101 Yell iD tile ~~ III)' rillal ro apIDIe a DIioD aar 8IY riPe ill dID ... at bqaetKitl ..,... IIae .. ....,. DOl' iJa _, adIcr JItIIIIIer.... ~~-- bGeio. Neida ~ ....Ucca.c .. .. ape ......-a~ IlIaD be ........ ar ~JIo --'-'ed iD .tllCiOt of die CQI!'MR~ Aa r41934. u ~ .(., U.s.c. 1151. _leq.). 1bia IkeaIe is subjec:c ilL tmu III me .... at.. arCGmli cmtamd by SIaba 706 of dao 0--....,.... Aa of 1934. .~."'MId (41 U.i.Co 1606). Coadidoaa -........... 011 Pale 2. W AJ'VRIl ~ = No ...... ....na1ed vdda 1bia atdariaIic& . . IIIae Dare: J_ 23.1995 FCC Fnma 463a ", Paa~ ] oi 2 ":'c,~"":-r,:,"~: KNLF224 APT MINNEAPOUS, INC. . CONDmONI: 1'JIia JIIIbarizIdoD . wbjec:I fD die COIIdiIba..... Ja dao eWDI rba s,.... DIiDJ me IlIaC fJeQ...acia .118"'" -1IIIbariu4.. . ....~ beip .a..) (c-..MaltJDbd SCaa). fllllR ~....... 01.'...... w--iItrq ... 72_ (43 miIM) GIlbo thUre4 ~ bardcr .....1>>0 I8IIUind to .......... ay UafaI ~-:c to ..-._. il1IIe Idj.,. taaip r.artay lad to ~ eo-I L_~ 01 oqaaI.cell1O .. fn9~ot'" boda <<"... hi-. 11IiI ~ "~ID!be ~ .... ............... ~ .. .~ U.2CM of die r__I......... ~ a.... 24~. TJaia ~ JaIUbjca ro .. t"JftII(ftdoa _1IIe.r-....~. hA~ of &be trimaiDl bid IIIIDUDI will be pUt ia acca.cIIiYa willa PIn 1 of !be c,..,........ nda. 47 CP'" PIn 1. 00021-CW-L-9f Isaue OllIe: .... Z3, 1MS Pee FonD 463a "2012 --=--. -.,"':......... I~. ~I r APT I AMrEAUCAN f>OfRllr A~lrE f , , ilK. oe TO.-rE c:r ,~ ff' . o ~ X I.&J ~ t;; ~ D::: ~ :> ALTA ROSELAWN AVE CELL SITE A 1 NOS 1 ROSEVIlLE RESER\t'OIR , 1101 ALTA VISr OR. VICINITY'MAP i: ., :".. ' '~"" _, _".....--0--_. -""..... ..'.'. ~ - , -...~I;..~-:,.~ ...._. _.~' .. _.. - ROSEVILLE RESERV 1901 ALTA VISTA DR. ROSEVILLE, MINNESOTA A1N051 150' MONOPOLE AfIT (T"_~ 1410 WE5I' ..,.. ..- A~ SUTE 1100 CICMD. WNoIS ~1 (12) JII t200 tAX (312) 311-4170 SITE,ACaUISITION ;;~ 1040 CRDIIN POIfIE PMItIaY SlIM 100 A1LWI'A. GEXIIIIM J033I (770) .1-2100 tAX ~ .'-2150 SITE DEVELOPMENT ~ FL.UOR IMNEL FI..I.at DME. INC. 3311' MCfIII.IOM IIIIIE .... CA II73D (714) 175-_ CONSULTANT TEAM ----------- ----------------------- ~ 'x 'x K X X X X < 2 <' i----l I LEASE AREA PROVIDED I FOR OTHERS I L_, )( )( J I PROPOSED APT I ANTENNAS FACING a ----I LEASE AREA ~ROVIDED I FOR OTHERS ~()" t ____--1 If (( [~,.PRoPos,' , ED APT EQUIP~ENT .IOUNDATlON . -,..:,:,. . - -. - PROPOSED APT EQUfPMENT ~ )( I. " ~...__.-'--~_._-,. PROPOSED APT ANTENNAS FACING 120" )( )( x )(, )E 58' -0. ti;.~ ~ ""'", ~: ~ ~I . ..It ... ". !Q! . :=I c: . ~ - ... I") . ID C) ~ i ~ c: 8" ~ · NGa CD g ...~ = I :~=: 2!'N' ~_o i:Ii_ C) . g' 'N'!J, ;~~ ...M ! ID JI u !J,~ I i II o .1 lID It) ~ ~ :U: , ~.~ ~ Ii. 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Oil. 0 0...... 0 0 0 0 0 0 Il. Il. ~OCD Il. ~ Il. S 00 0 0:: 0:: 0:: o::z 0:: If~~ 51 51 Il. Il. Il. Il.<( Il. Il. Il. Il. CITY OF ROSEVILLE ORDINANCE NO. AN ORDINANCE REGULATING THE PLACEMENT OF ANTENNAS AND TOWERS WITHIN THE CITY AND AMENDING CHAPTERS 1002 AND 1012 OF THE CITY CODE The City Council of the City of Roseville ordains: Section 1. Chapter 1002 is hereby amended to include the following definitions: ANTENNA: Equipment used for transmitting or receiving telecommunication, television or radio signals, which is located on the exterior of, or outside of, any building or structure. For purposes of this section, antenna does not include "satellite dish antenna". SATELLITE DISH ANTENNA: A parabolic shaped antenna (including all supporting apparatus) used in receiving television signals, which is located on the ground or exterior of, or outside of, any building or structure. ANTENNA-COMMERCIAL: Any pole, spire or structure, or any combination, to which an antenna is, or could be attached, or which is designed for an antenna to be attached, and all supporting lines, cables, wires and braces erected for the commercial use of information. ANTENNA-PRIVATE: Any antenna erected for the non-commercial use of information. CITY TOWER SITE: A location(s) in the City on which is or may be located one or more telecommunication, or radio or television antennas available for connection and use by any person, firm or corporation in accordance with the provisions of this chapter and upon execution of a lease with the City. Section 2. Section 1012.10 is hereby renamed "Tower and Other Structure Height and Placement Limitations". Section 3. Section 1012.10 (Height Limitation Expenses) is hereby amended to read as follows: Section 1012.10 A. Private and Commercial Antennas and Towers .L. City owned or controlled antennas and tower sites shall be a permitted use. 2. Private receiving or transmitting antennas and towers more than twenty feet (20') in height above a man-made structure or more than fifty feet (50') in height above the ground if constructed on the ground. are a conditional use. J.:. Commercial receiving or transmitting antennas and towers regardless of height or size with the exception of satellite dish antennas shall connect to and use the City tower sites if use of such facilities are technically feasible. 4. Commercial receiving or transmitting antennas and towers not located on a City tower site shall require a conditional use permit. ~ The applicant shall present documentation of the possession of any required license by any Federal. State or local agency. 6. All antennas and towers shall be subject to the appropriate requirements of Section l012.10A8 and the setback requirements established for accessory structures in the applicable zoning district. 7. All antennas and towers shall be designed and situated to be visually unobtrusive. shall be screened as appropriate. shall utilize a City approved blue or gray color. and shall contain no signage. including logos. except as may be required by any State or Federal regulations. 8. Existing transmitting and receiving facilities at the time of the adoption of this Section may remain in service. However. at such time as any material change is made in the facilities. full compliance with this section shall be required. No transmitting or receiving antennas or towers may be added to existing nonconforming facilities. 9. Antennas and towers support buildings shall be considered as specialized accessory uses in any district and shall be set back a minimum of thirty (30') from any property line. 10. Security fencing for antennas and towers may include chain link and barbed wire to a total height of eight (8') feet above grade. 11. Support buildings to house switching and other communication equipment shall have two off street. paved parking spaces. 12. A building permit shall be required for the construction of new antennas and/or towers and shall include wind loading and strength and footing calculations prepared by a Minnesota registered engineer. B. Height Limitations: The height limitations stipulated elsewhere in this Code shall not apply to: 1. Church spires. 2. Belfries. 3. Cupolas and domes which do not contain usable space. 4. Monument. 5. Water towers. 6. Fire and hose towers. 7. Observation towers. 8. Flag poles. 9. Electrical transmission towers. 10. Chimneys. 11. Smokestacks. 12. Radio and t-ck"v'isiofl tOV'/crs. H 13. Parapet walls extending not more than three feet (3') above the limiting height of the building. -814. Cooling towers. -1-514. Grain elevators. M 15. Elevator penthouses Be. Exception to Exemption: If, in the opinion of the Community Development Director, such a structure would adversely affect adjoining or adjacent property, such greater height shall not be authorized except by the City Council upon recommendation of the Planning Commission. The City Manager shall file a copy of this ordinance in the Manager's office, which copy shall be available for inspection by any persons during regular office hours. This ordinance shall take effect upon its passage and the publication. PASSED this_day of , 1996. Daniel Wall, Mayor ATTEST: Steven R. Sarkozy, City Manager m I!.!JU '" ~ .z a ~c ClE 5 IX~ I ~~ ~ii5 '" U . ... WI< ..'" I I~ i w. sU u. kJ III ~.4 ... I I ~ I J H ~ ~ ~ if ~ I.-~ HI i a~~! 'f. ~III~L t". ~h2 t!, II. fH ft' - . '!.:. Ie iii" Ii Ii" ~ i i ~ ~ (~ r~4 ..~. id ~ w a: :;:) e" ~ lfi~i ..~. m K ~ I u ~ n CITY OF ROSEVILLE PUBLIC HEARING NOTICE TO: APPLICANT: PURPOSE: LOCA TION OF PROPERTY AND LEGAL DESCRIPTION: TIME OF HEARING: ADDITIONAL PUBLIC COMMENT: PLACE OF HEARING: HOW TO PARTICIPA TE: ANY QUESTIONS: Mailing Date: February 28, 1997 J:\CHAR\WP51 CH\NOTICES\2882MAR.NOT if)," , . . ~ .. P"::~"", 91,~ /# 8m I@iFtI"',IiI",I,#;I*~l.' '..I~ ill , r" ~Ii'~' F [~ ' .: :]~I,~rrm t.:~:~~_:::::,:"~:,~,~::,, -.~.I' ~ if ;~ !~i (-IL'; r~"~:'- r-~t';f~,~.~t~~~}1~r'~'T'~ft~i !~-:-:~'U::::~'::~'~'~~~~J;U~U~'~ : ~ t '~B' & ~I arK p~: rti~q~q~~tm'!r"kTWip*''f*$~~~1' 1[ ~ I ':::'0 - , i jjEr-+- ::. : : 1=11 \"._m....m.....mm'uumu._mu_. um_u.uu_u...._.m....._' :'mm 'u ..;) I ...; ! -t+-- i: t- i : rFri;.~~FF*F~j~~f~u!;i:;~i;~F-~ r,;;un ,u.m,\ K u;. .~.~:::) ~ ~ ~ :L L,:1: ~,: 11, L I III -::1" I,), I 1~li:iii : II',E:; I!! 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SU o ~ ~ : ~ : ~ ~ ~ , 0> :--.... ~ ~ ;~ ~ g: i~ tS 9 :m ~ ~ !O( ~ ~ <0 : ~ ,,-...... .~ N Egg Q)N ~=it Q)~ rJ)~ ::>'-" Q) ~ ~ ~,~ a: s:: rJJ ~ .9 ~ ~ ~.~ '....... ~ ""C:$ , ~ s::~ 0::> u 5 ~~ cB~ ~~ rJ) ca g~ cr....; ~rJJ ~ Q) ~~ <~ r.m!!J.c'.;......." Ii! lilli1 ~Iv~~ W ~11~~ !ZJ iI~lI~~ :I ~11~ ~11~~ ~11~~ 11~~ a: ..J , ~ rJI ~11~~ ~11 ~ a: ~ ... a: o :IE w ~ ... a: . ....t......".. :::: :!:I.!::lEII;l.!Jr....................................:~::: :::::: ::::::::::::::::::::::r./IlOJ....."',...., . :,'" \ CJ' o ~ o a: ~ o a: L! ~ ~ ... a: :IE w ~ ... a: :IE w ~ ... a: .. Q. ,;, i:j ~ ! ~ o o 7~ <lz;... .28 tIS .... () i:Z) o ~ o~ Z~ o~ ~~ E-<O <~ ~~ ~ are i>:~ !l " ,- gj " !!!~- " c. .c:oli ~ -5 >< 5 8 ~ C,)'-8 Chi J~ '" EXHIBIT" A" SKETCH AND DESCRIPTION OF PROPERTY: 30-1"\.G. AeSeivoiP. Ib-M.G. ~ LEA SE AREA 3o'~ 40' LEGAL DESCRlPTION OF OWNER'S PROPERTY: ~o~ ,." " ~ ~c 1 \ SITE ID #: AINOSl SITE NAME: Roseville . \ V. t~ C \ YAltA IS '..\ . ... . \ \ I \ \\ I Plat. 03953 Section 14 ,Township 29, Range 23. S 652 5/10 FT ofE 700 FT ofSW ~ ofNE ~ and S 652 5=1 FT ofW 400 FT ofSE ~ ofNE ~ and N 3775/10 FT ofE 400 FT ofNW ~ of SE ~ of Section 14, TN 29, RN 23. - - Created: Monday, March 18, 1997 9:38 PM - Page 1 of 1 ----------------------------------------------------------------------------------------- City Planner Ci ty of Roseville Fax 490-2931 March 10,1997 Re: Planning File # 2882 Project Nalne: APT Telephone Tower Dear City Planner, I do support the building of the tower Planning File # 2882 Project nalne: APT Telephone Tower with a few concerns: 1) That it be placed as far West as possible so that it will not be visible fron1 the proposed pathway through the waterworks on Roselawn & Dale. The McCarron's Lake Neighborhood Association has worked ahnost 2 years to get that property preserved as a nature area. 2) The village will spend Inore than a n1illion dollars on this SUlnn1er's road reconstruction on Roselawn/ Nand S McCarrons to Inake this area Illore attractive. Hopefully, those people who drive around the lake and then head West on Roselawn toward Dale won't be faced with view of this tower cOlnpeting with the 150 year old white pines! Please keep this sight line in I11ind when you place the tower. We have \vorked to make this area a uGatewayU into Roseville. If we could situate the tower on the western n10st edge of the reservoir, it should not be visible fron1 the proposed trail. We're in favor of the tower if the proceeds from it will allow the village to preserve the Water Works land as Open Space. Sincerely, Nannette and J.P. Kolbinger 571 West Roselawn Ave. Roscvillc, MN 55113 r REQUEST FOR COUNCIL ACTION DATE: 02-24-97 ITEM NO.: Manager Reviewed: Agenda Section: Re orts Sprint PCS request for approval to locate a temporary tower on the St. Paul water utilities site in Roseville. Background: . Authority: Towers owned by City are permitted uses in B and I zones but require conditional use permits (CUP) in all other zones. . American and Portable Telecom (APT) has been approved as applicant for a permanent communication tower conditional use permit on property currently owned by the St. Paul water utility. . The City is involved in negotiations with the St. Paul water utility to purchase property where a permanent communication tower could be located. . APT has applied for a conditional use permit for a permanent communications tower subject to final acquisition of the site by the City and the successful execution of a lease agreement with the City. Sprint PCS will be contributing to the construction cost of this multi-user site and would be permanently located on ' that structure. . Sprint PCS is requesting City permission to construct a temporary tower on a site close to the permanent location for up to 120 days with possible extension of an additional 120 days. Sprint PCS has an agreement with the St. Paul water utility to construct this temporary tower on their site. . The temporary site would consist of a 95 to 100 foot wooden telephone pole which would extend approximately 85 feet above grade. An antenna and lightening rod would be located on top of this pole. They would like to begin construction on the site as of March 1st and to be operational by March 31, 1997. . The City in December, 1996, granted a request for a temporary tower for APT to be located on the Dale Street fire station site for a period of 120 days with extension for additional 120 days. 1 Staff Recommendation: 1. Staff recommends City Council approval of Sprint PCS request for a temporary tower on the St. Paul Water Utility site as presented, to the City Council on February 24, 1997 to last no longer than 120 days with a possible extension of an additional 120 days. Council Action Requested: 1. By motion, approve the Sprint PCS request for a temporary tower on the St. Paul Water Utility site as presented to the City Council on February 24, 1997. Staff Report by: Rick Jopke J:\CHAR\WP51 CH\RCA\022497 A.RCA 2 ~ Sprint February 18, 1997 Sprint PCS> Mr. Rick Jopke Assistant Community Development Director City of Roseville 2660 Civic Center Roseville, MN 55113 Minneapolis 2LJ{I() 1.j Jlk (I:i~ Sui1t l-i() ragan. \llllnt':-li:~i '::''::'l~; 2-!)(! Dear Mr. Jopke: In follow up to our meeting on Monday, February 10, this letter serves as our request for City Council action regarding a temporary tower site at the St. Paul Water Utility's Dale Street Reservoir. As staff and the Council are aware, we are currently involved in the negotiations for a permanent site on this same property. American Portable Telecom (APT) has been approved as the applicant for a Communication Tower Conditional Use Permit. Final negotiations regarding the permanent site are contingent upon the city coming to conclusion on negotiations with the St. Paul Water Utility for the purchase of the property. As we have indicated in the past, Sprint PCS will be contributing to the construction cost of the multi-user site provided that the transaction is structured to be fair and reasonable to all parties involved. Since the city is still in the middle of negotiations regarding the property, Sprint PCS is requesting permission to construct a temporary site and be allowed to operate from that site for up to 120 days with a possible extension of an additional 120 days. Attached you will find diagrams showing how the site will be designed, the location of the site on the whole property and how it is positioned respective to the possible permanent site. The temporary site will consist of a 100' wood telephone pole,a metal platform to hold the computer equipment and electrical details, along with a 6' chain link fence to secure the area. The electric and telephone will be brought in overhead on the current lines already in place on the property. We would like to begin construction on the site as of March 1 st, so that it will be operational by March 31, 1997. Establishing this site is critical for us to meet the needs of Roseville residents, and of those conducting business and enjoying the amenities in your community. The site will service major roadways such as Highway 36, Larpenteur Avenue and Rice Street. Currently we are scheduled to launch our service during the month of April and constructing the site in March will allow us to optimize the service without interruption to consumers once they begin using the system. I have also attached for your review a final draft copy of the agreement between Sprint PCS and the St. Paul Water Utility. Understandably the city may have liability concerns regarding the site and Sprint PCS is willing to add the city as an additional insured on the certificate of insurance. In addition, Sprint PCS is willing to add a cross default clause in the lease for the permanent site to insure that the temporary is removed when the permanent site is operational. We would welcome the opportunity to further discuss any other details. If you have any questions, please feel free to contact me at (612)801-4284. Sincerely, ////'~/: ~., ,/ ,..----- ,'I'/' . ,// /'--- / '.../ /{-., /..~. -:./ /' . ./ / Les Jobst Property Specialist ~~> ;-~:g ~ 8 I-t o ~ 0 t') ~ ~. ~ _~ S _. '<: ~ g ;- ;p~ 00 ::2 0 _. d ~ ;-~cr: ~ - = (t) ~ ~ 0 " OJ (t) rJJ. " 0 WI - ~ fo . i 0 .,. .. Vale Street . ~ ~ ~ ~ ~ _I 8 7 8 6 5 ~\II/., ~\II/tQ' ~\~!i'/ ~\\I/tQ' ~\IIJ~.' I. ~\IIJ., ~~\I~~ ~~~\I''''~ ~~~ C"'i:~ , ~~~\I~~ ~~\I(<,,€ ~ \\utQ'~~~\I~~ ~~ C i:~~~ C ~~.."... ~~ ~\lI/tQ'?;~ C ~~~ C i:si~~\I''''~~~ C ~~ ~~l ~~ ~~IItI~~~ ~~JI(.~ ~ \I' /~ ~""'~I~~~' . ~=.. C ;;;:~"~I~~~ ~II~~\~JII\\~~" ~~~'\ ::.:::l' c "'J; ~1111'\~~ 7111 ~~;"~I(~~III1'\~~" II'\~~~~\I~~ ~~ C!: ~~'1It1 ~ ::.~~c 71111'\~'\ ~';I\~ ~?II"~ ~h/~l~ ~1"'1,\~,- ~~ .~ 7 Power and --.. Telco ' EXISTING SHED Q .. Water Main 6 . Utility Pole 5 3d Utility 4 3 I H G F E D c B REVISIONS Sprint PCS . Site Plan SIZE Projecl DWGNO REV A 2/13/97 ALEX DETRICK Dale St. Reservoir MSC668A 1 2 DRAINN 2 2/17/97 ISSUED 2/05/97 SCAlE No Scale SHEET 1 OF 2 4 3 2 1 "L GENERAL NOTES: 1, CQMPL Y WITH AlL BUILDING CODE OF THE AUTHORITIES HAVING JURISDICTION 1 NOTIFY THE PROPERTY OINNER OF THE CONSTRUCTION START WILL IN ADVANCE OF THE CONSTRUCTION START DATE 3, COORDINATE THE CONSTRUCTION STAGING AREA WITH THE PROPERTY OINNER WILL IN ADVANCE OF THE CONSTRUCTION START DATE 4 PROTECT THE EXISTING FACILITIES AT AlL TIMES, THE CONTRACTOR IS RESPONSIBLE FOR REPAIRING ANY DAMAGE CAUSED BY CONSTRUCTION OPERATIONS 5, THE CONTRACT LIMITS ARE AS NOTED ON THE DRAWINGS CONFINE OPERATION TO AREAS WITHIN THE LIMITS INDICATED ' 6, PROVIDE FOR COMPLETE TELEPHONE AND ELECTRiCAl SERVICE AS INDICATED ON THE DRAWINGS COORDINATE WITH THE PROPERTY OINNER AND AUTHORITIES HAVING JURISTRICTION 7, DO NO INTERRUPT ANY SERVICE AT ANY TIME WITHOUT THE OINNER'S APPROVAL B CONTRACTOR IS TO VERIFY THE EXACT LOCATION OF AlL EXISTING UTILITIES AND COORDINATE THE INSTAlLATION OF NEW UTILITIES 9 CONTRACTOR IS TO FIELD VERIFY AlL EXISTING CONDITIONS AND PLAN DIMENSIONS AND NOTIFY THE ENGINEER IMMEDIATELY OF ANY DISCREPANCIES 10, THE CONTRACTOR SHALL REMOVE AlL TRASH AND DEBRIS FROM THE SITE ON A DAILY BASIS 11 THE EQUIPMENT LOCATIONS SHOINN SHAlL NO BE VARIED WITHOUT THE REVIEW APPROVAl OF THE ENGINEER 8 7 6 5 LIGHTNING ROD \ CL ANTENNAS MOUNTED AT 85 FEET ABOVE GRADE CL POLE SPECS TOP CIR, 32" BOT CIR 86" CLASS H6 i i LENGTH 95' BTS EXISTING BUILDING SECTION OF POLE AND COMPOUND FACING NORTH 8 7 6 5 CEu..ULAR REALTY ADVISORS, INC. 1701 79th Street, Suite 19 Bloomington, MN 55425 (612) 858-0104 (613) (612) 854-4105 Fax 10 February 1997 Mr. Mike Faulk, City Planner City of Roseville 2660 Civic Center Drive Roseville, MN 55113 RE: Application for Conditional Use Pennlt Proposed PCS Wire"" Telephone Tower Facility by American Portable Telecom (APT) for St. Paul Water Utility Site Dear Mr, Faulk: This narrati\te ~ccompanies an application ,for a ConditionallJse Petrmitwhich will allpw the location of a PCS -wireless communication antenna and tower on the property eurrently OWned by th'e City of ' Saint Paul Water Utility Department. I have been authorized by APT to act as their representative for planning and zoning matters. APT is a subsidiary of Telephone and Data Systems, Inc. (TDS). TDS is a Chicago-based telecommunications company which provides cellular telephone, local telephone and radio paging services to more than 1.9 million customers in 37 states and the District of Columbia through its subsidiaries, United States Cellular Corporation, TDS Telecommunications Corporation and American Paging, Inc. APT is the 5th largest PCS license holder in the United States in terms of population equivalents. Last year APT was granted a license by the Federal Communications Commission to operate a PCS VVireless Phone System in the Twin City market area and five other major markets in the United States. PCS is one of the newest emerging low-power wireless technologies that will compete with the cellular and local phone service. PCS will look, sound and work better than traditional cellular and will also have the advantage of being able to provide paging, fleet dispatch data and video transmission all with one portable handheld phone. PCS wireless is digital and can handle more calls per channel than traditional cellular and transmits at lower watts. USE OF EXlSmNG SITE AND SURROUNDING AREAS The site is currently being used as a water reservoir by the City of Saint Paul. The site is zoned residential ,and is surrounded by additional water utility facilities, a cemetery and single family homeS. The tower is located near one of the reservoirs on the west side of the site near the cemetery. PROPOSED USE APT is proposing to construct a 45 meter (approximately 150 feet) steel self supporting tower. There will be up to nine directional panel antennas err high x 6" wide x 1.5" deep) which operate within the 1.9 GHz to 2.2 GHz radio frequency range. , . " . . , Unmanned prefabricated equipment cabinets measuring approximately 5' high x 3' wide x 3' deep will be located near the base of the tower. Typically these weather-proof, self~ntained equipment cabinets are connected to the antennas by 1 518' cable (each antenna requires one cable run). The communication equipment requires 100 amp, 220 volt, single phase electrical service. There will be no noise, air, drainage, lighting, waste management, parking or traffic impacts from this proposed site. The antennas are not required to be lighted according to FAA requirements. The antennas will transmit and receive low power wireless radio signals. I thank you in advance for your time and attention to this matter. Please feel free to call with any questions you may have. Sincerely , CELLULAR REAL TV ADVISORS, INC. ~ C)/'" ..J G ~ 9 n-.......l-ll Peter D. Heimdahl Zoning Coordinator, on behalf of APT Encl. M:\Zoning\Linda\roseapp2.doc .. United States or America Federal CoInmlllllcallo. CommIulon RADIO STATION AUTHORIZATION CommerdIdMobile Radio Services Penonal Comaumk:adont Sen1c:e - BnHIdband APT MINNEAPOUS, INC. 30 Nor1h LaSalle Street SI.dt8 4000 CNcago, IL 80602 KNLF22. M012 IIINNEAPOLJ5.8T. PAUl ('b.nnPI Block: B FiJe Number. OOD21-CW-L-IS Call Sip: Maztet.: ....... ... .., .... ......... ----.. ... ... ... "-' .., ......-.-........... .............-....... -... ..... ... ......-........ ............ .... '" ..- ......... ............. .......... ..,. ,., I......... Tbe 1icaI.w bcreol is aacboriled. far die paiod iPdicItM. ro CODSInICt IIId opaare zadio ~_iaiD. fa~1,qt1 iu acc:ordaDa: willa die 1aIDI aad ~I~ ~ desaibed. 'nil ~-v. iI aabject II) cillo provWou of '... c-~ AD. 01 19M.. . ~. ........ Aaa 01 Ccapeu. ~ aadel ADd qreemeul5 ro wlUda ... UIIiIe4 SIRI is a sipImry, IDd aD jI5&~ mIcs .. rephftnnc of !be Pedrnl CnnllftUD1<:aUoas o--i_~ caaraiDc4 ill IbGTide 47 oflbc U.S. CodeafPedr:nJ acrl....c Initial GraDt Dare. . . . . . . . . . . . . . . . . . . . . . . June 23, 1186 Pivc.;year Build Out Date. . . . . . . ~ .. ~ . . '. . . . . . Jun. 23, 2000 ExpiratiOllDarc....................... . June 23. 2005 ... ~I'," . ~~ 1Ws_ ro ~ BOa) ollbc o--aniQlioae Act all934. . -~ (47 C.S.e. t JC)g(Ja)), dIiJ JieeDIe illUbjec:t ro .... folio'" ~= TIllis laDle ~ DIll .ell iD die ~~ lilY ripllD opcmrc allll:ioD aar _ riIb& iIa .... .. of JieqaaIciu ..,... dae .. __... iD ., ada.... ilia snrlwwi-4 bcreiD. ~ IbilIicaIe ... die IiIbI aramd ~ sIIaIl be ........ ar ~ .,,-.'-ed iD yja...d.... of dae o--~.Aaall934. u --lied (4t1U.s.C.115L....). 1bia1baseilsultjectiatmIU II) me __ at _ cw caaaa1 caafaRd bJ SIaba 70S of dao C.IWIIB~ Aa 011934. . .... w.M-d (47 U.s.c. 16(6). Coaditioal-m-.t ma Ptae 2. WA.IV1UI~ : No __lIS ---;ated nit daia ~ -- J)are: 1_ U. 1995 FCC FMD 463a Puc: ) of 1 KNLF224 APT MINNEAPOUS, INC. CONDmONI: 1'JIia IIIIbariaIioD . aUjea fD dae c:oadidma ...... Ia dao C\ICIII rba s,.... adD,. IlIaC fJeQ~ II""" ., ~.. . *VfI'"ear fonip I&IIriIaIy ((".ft~Dbd SCaa), fllllR ~.~ 01.'...... ___~ ... 72 _ (43 miIM) ol Ibo thUre4 ~ bardcr ..... be requind to III...... ay UafaI i&4&.-:c to ev-~' il1IIe IdjIr:lC* A:nip r.artay lid ID ~ 0DIIdD_ 01 oqaaI.celllO.. &-qI~".., boda ~M. 11IiI ~ "~ID!be ~ __ ..,........ ~ MIla Socaoa U.2CM of die r__I_ioDt..... 47 CoP'" 24.2ICM. TJaia~ II aubjca ro .. t"JftII(ftdoa _die z-....~I hA~ of &be trimaiDl bid lIDOum will be pUt ill acca.4a.Dce willa PIn 1 of dae 0--....,.'1 nda. 47 CPA Pan 1. 00021-CW.L-9! IIIue OllIe: .,.. Z3, 1JH PeC Farm 463a P.2012 .. Exhibit "B" The selected site for the proposed communication tower happens to be owned and used by the City of Saint Paul Water Utility Department. It is unlikely that the property values around the site will be affected in any way. Other issues such as parking and traffic are not a consideration for this type of use. Studies have proven there are no health issues related with a communication tower and engineering studies have shown that safety, too is not an issue. Should environmental factors exceed the tested duribility of the tower, which is over designed even beyond extreme factors, then the tower will colapse upon itself and not at a 90 degree angle. Our expected effect on the comunity is that Personal Communication Service (PCS), which is new communication technology, will keep the residents of Roseville in competition with the rest of the world. This tower will allow the advancement of technology to spread through the Greater Twin Cities area. KNLF224 APT MINNEAPOUS, INC. CONDmONS: 1'JIia IIIIboriuI:ioD ia 1Ujec:l1O 1M CGDdiIba ..... Ia CIao eYeD( Iba s~ 0IiD. Cbe same fDQ-acieI aI 118_ MRia IRIIIIai&ed iD a -1.....~ fDR1p IIIriIaI)' (C.ft~DiIad SCaa), fllllB ~....... Of., buc .... ...--.. ... 7% bD (., Idol) at.. thUre4 StaIaJCaIda tIanb' ....... IIICIQind to ,,1hIa....fII! ay ....,. .iDte4ea_ tD "V"1nl .1K Idj~ toraip Iariay II1II tD -- ~ at oqaaI a:aa to die fnqNar;w bJ bolla <<0....,.... 'DIiI....... iI.IaIIecIlD iII~ 1l1li_ .......~ IbaI ~ willa ~ U.204 of die "'~""'-'. rakI. 47 a.>>.. 24.2IM. nil audIQria:aIba is IUbjca ro .. ~oa .. die ~....i... ~~ 01 &be wiDDiD. bid IIDOUDI will be pUS ill ~<Wc:e wilb PIn 1 at !be C_iuw.'I ruJa. 47 C.PJL Part 1. 00021-CW.L-IE Juue DIIe: .1_ Z3, 1MS ~c FonD 463a "2ol2 CITY OF ROSEVILLE ORDINANCE NO. AN ORDINANCE REGULATING THE PLACEMENT OF ANTENNAS AND TOWERS WITHIN THE CITY AND AMENDING CHAPTERS 1002 AND 1012 OF THE CITY CODE The City Council of the City of Roseville ordains: Section 1. Chapter 1002 is hereby amended to include the following definitions: ANTENNA: Equipment used for transmitting or receiving telecommunication, television or radio signals, which is located on the exterior of, or outside of, any building or structure. For purposes of this section, antenna does not include "satellite dish antenna". SATELLITE DISH ANTENNA: A parabolic shaped antenna (including all supporting apparatus) used in receiving television signals, which is located on the ground or exterior of, or outside of, any building or structure. ANTENNA-COMMERCIAL: Any pole, spire or structure, or any combination, to which an antenna is, or could be attached, or which is designed for an antenna to be attached, and all supporting lines, cables, wires and braces erected for the commercial use of information. ANTENNA-PRIV ATE: Any antenna erected for the non-commercial use of information. CITY TOWER SITE: A location(s) in the City on which is or may be located one or more telecommunication, or radio or television antennas available for connection and use by any person, firm or corporation in accordance with the provisions of this chapter and upon execution of a lease with the City. Section 2. Section 1012.10 is hereby renamed "Tower and Other Structure Height and Placement Limitations". Section 3. Section 1012.10 (Height Limitation Expenses) is hereby amended to read as follows: Section 1012.10 A. Private and Commercial Antennas and Towers L. City owned or controlled antennas and tower sites shall be a permitted use. 2. Private receiving or transmitting antennas and towers more than twenty feet (20') in height above a man-made structure or more than fifty feet (50') in height above the ground if constructed on the ground. are a conditional use. ~ Commercial receiving or transmitting antennas and towers regardless of height or size with the exception of satellite dish antennas shall connect to and use the City tower sites if use of such facilities are technically feasible. . 4. Commercial receiving or transmitting antennas and towers not located on a City tower site shall require a conditional use permit. ~ The applicant shall present documentation of the possession of any required license by any Federal. State or local agency. 6. All antennas and towers shall be subject to the appropriate requirements of Section 1012.10A8 and the setback requirements established for accessory structures in the applicable zoning district. 7. All antennas and towers shall be designed and situated to be visually unobtrusive. shall be screened as appropriate. shall utilize a City approved blue or gray color. and shall contain no signage. including logos. except as may be required by any State or Federal regulations. 8. Existing transmitting and receiving facilities at the time of the adoption of this Section may remain in service. However. at such time as any material change is made in the facilities. full compliance with this section shall be required. No transmitting or receiving antennas or towers may be added to existing nonconforming facilities. 9. Antennas and towers support buildings shall be considered as specialized accessory uses in any district and shall be set back a minimum of thirty (30') from any property line. 10. Security fencing for antennas and towers may include chain link and barbed wire to a total height of eight (8') feet above grade. 11. Support buildings to house switching and other communication equipment shall have two off street. paved parking spaces. 12. A building permit shall be required for the construction of new antennas and/or towers and shall include wind loading and strength and footing calculations prepared by a Minnesota registered engineer. B. Height Limitations: The height limitations stipulated elsewhere in this Code shall not apply to: 1. Church spires. 2. Belfries. 3. Cupolas and domes which do not contain usable space. 4. Monument. 5. Water towers. 6. Fire and hose towers. 7. Observation towers. 8. Flag poles. 9. Electrical transmission towers. 10. Chimneys. 11. Smokestacks. 12. Radio and tele.;igioIi towers. H 13. Parapet walls extending not more than three feet (3') above the limiting height of the building. -814. Cooling towers. H14. Grain elevators. MIS. Elevator penthouses BC. Exception to Exemption: If, in the opinion of the Community Development Director, such a structure would adversely affect adjoining or adjacent property, such greater height shall not be authorized except by the City Council upon recommendation of the Planning Commission. The City Manager shall file a copy of this ordinance in the Manager's office, which copy shall be available for inspection by any persons during regular office hours. This ordinance shall take effect upon its passage and the publication. PASSED this_day of , 1996. Daniel Wall, Mayor ATTEST: Steven R. Sarkozy, City Manager March 4, 1997 To: Rick Jopke, Assistant Director of Community Development From: Jay Kennedy, Assistant Director of Public Works l"'- RE: PLANNING FILE 2882, CONDITIONAL USE PERMIT 1901 ALTA VISTA DRIVE This planning file concerns a request by American Portable Telecom (APT) for a conditional use permit to place a communications tower on property currently owned by the S1. Paul Water Utility. The engineering staffhas reviewed this file and has the following comments: 1. The proposed tower is a 1 50-foot tall monopole. There is a concern that with this type of construction other users will not be able to locate antennas on the tower. You may wish to speak with Ed Burrell regarding the number of carriers the City expects to accommodate with this tower. 2. The proposed location for the tower should be clarified. The planning application shows a proposed lease area near the northwest comer of the abandoned reservoir, while the plan submitted shows the tower located just to the east of the existing garage on the north end of Alta Vista Drive. My understanding is that APT is requesting the site east of the garage. 3. One of the concerns raised by the 81. Paul Water Department was the potential for damaging the tower in the event of a watermain break. It should be required that APT obtain information on the locations ofthe.existing watermains trom the S1. Paul Water Department and show the mains on the plans. 4. The applicant should show on the plan the area affected in the event that the tower collapses. 5. There is currently overhead power and telephone located very near to the proposed tower location. The applicant has indicated a desire to have these facilities relocated. The applicant should work with NSP to have this completed. It is also recommended that any new power or telephone should be placed underground. 6. The applicant will be responsible for providing an access road to the tower site. In addition, the applicant will be responsible for maintaining the road. 7. A landscaping plan should be submitted which will provide for some screening of the equipment inside of the fence. It is my understanding that security is a concern, so partial screening with adequate security lighting is recommended. ~SEWmE 2660 CIVIC CENTER DRIVE ROSEVILLE, MINNESOTA 55113 PHONE: 490-2279 FAX: 490-2931 Please check item or items for which you are applying: ...L PUD Rezoning Conditional Use Permit Vacation of Right-of-Way Preliminary & Final Plat $750 $300 q~Q) = $200 $500 Comprehensive Plan Amendment Division of Platted Lot Relocation of Dwelling Variance to Zoning Ordinance Shoreline Permit $750 $100 $100 $200 $ 50 When applying for more than one approval, only one fee (the highest) is charged. Please complete form by typing or printing in ink. If the spaces provided are insufficient, use additional sheets, keying information to the proper item numbers: 2. .., .J. 4. 5. 7. 1. 51. ~v L Name of Owner: V'T I )..,.,> (Middle) d..~' - ~:< ~ 5 (Last) (Phone) 8 FOURTH.5.1. /E,.ItsT - SU'TIE 1./00 I 5-;: ?AVl, /""\IV .5510 I Address of Owner: (No. And Street) (City) (State) F~ _ ~~_ AM.G.R I~N P"RrJ"\BLE -rc.JJ;.co,-. / (p~E.R J..k1/^J)AJ!l) 8SB -0/0 Jf , Name of Applicant: (First) (Middle) (Last) (Phone) BJ..c:o-wc:;T~ /",N SS l..J~S , (City) (State) (Zip) R 05>6vlJ..1-1i r'\./\/ .. 8. Present Zoning of Property: 'RES Proposed Zoning of Prop.: RES 9. Present Comprehensive Plan Designation: \,J'A-JE.f< WoRkS Proposed Comprehensive Plan Designation: '\. /'A-.'TE.R LvG>R.K<; 10. What plan or change makes this request necessary? rko?o~.D C-arV5.7Rve:;.,I~,v Or A 'v./IRCJ...E5~ CC)__,....v~/t:.ATI~.AJ~ rPK:-/J.... FrY, 'vVA-"-~ (First) Present Use of Property: Proposed Use of Property: (J1"1L. rT'f Lrnl-lTY 17nJ IE. 79~'" 57. 5ulIf. .R .}- , Address of Appl.: (No. And Street) J 90' ALT-'\ VIST4 UR,VC J Street Address of Property Involved: 6. Complete Legal Description of Property Involved: SEe A7T~.EJ) t. . I' E.XJ.l.I8JI A 1 11. Wh~t ic: thp pvpPC'tpcf pffpC't nfthp prnpnc:pcf C'h~ngp? (Fnr pv~mrlp, nn rrnrprty V!'IhIP<:, health, safety, parking, traffic conditions, etc.) o "/~" r1..~s.e R Er.sR 70 1.E.'Xl-hgJ/ g " 12. For Rezoning and PUD: A. Include a legal description for each existing property in different zoning districts. B. Include a legal description for each proposed zoning classification. 13. For Conditional Use Permit: A. City Code Section authorizing conditional use permit: .sEe. I DI.Q. lOA I 14. For Vacation of Right-of-Way: A. A petition must be submitted signed by at least 51 % of the abutting property owners. The original statement in the petition should be as follows: "We, the undersigned, owners of at least 51% (fifty-one percent) of the property abutting request that this section of right-of-way be vacated because it is no longer of value to the general public. All property owners signing the petition shall list their address and legal description of their property. 15. For Platting: A. Number of Lots: B. Subdivision to be known as: C. Engi}1eer: Name Phone D. Land Planner: Name Phone 16. For Division of Platted Lot: A. Separate legal description for each newly created lot shall be provided. 17. For Relocation of Dwelling: A. The legal description for the land upon which the building is to be moved. B. The application shall be accompanied by a written consent and approval of at least 50% of the property owners within 250 feet of the relocation. 2 18. For Variance: . , A. Variance is requested from the following section of the City Code: B. State exactly what is intended to be done on or with the property which does not confonn with the City Code: C. Explain the physical hardship that makes the variance necessary. 19. Applicant's requesting a rezoning, conditional use pennit, PUD, variance, division oflot, or platting of property are encouraged to conduct a neighborhood meeting at least fifteen (15) days before the scheduled Planning Commission Public Hearing, and to send notices to all of the affected property owners. Affected owners are listed on the required Abstractor's Certificate. The meeting is a time for the applicant to review and explain the proposed development to the nearby property owners. This policy applies only when residential property, R-l through R-8, is listed on the Abstractor's Certificate. Please indicate the date that you have met or will be meeting with the affected property owners: V/J..L ~J.l..EJ:)uJ.E /"'\,U:;-'.v6 Fe;(~ F€~:J..b _ /997 , 20. Except as noted. the following information must be submitted for all applications: A. Application and Fee B. Abstractor's Certificate listing the NAMES AND ADDRESSES ON LABELS for each owner of the land within 350 feet of the boundaries of the property for which a conditional use permit, rezoning, PUD and comprehensive plan amendment application is requested. The abstractor's listing for variances, lot divisions, preliminary/final plat, house relocation, and vacation of right-of-way applications shall include all property owners within 250 feet of the boundary of the property. C. Proposed plans (2 copies) including site plan, landscape plan, grading and drainage plan, and exterior building elevation drawings showing building materials is required. Such drawings shall be on 8-I/2"x11" or 11 "xI7" paper. 3 ....... -.'<;;-:'- D. Narrative: Attach an explanation of the site planning, landscaping, and architecture of project in detail including the need for the project, any physical hardships, and the expected noise, air, drainage, lighting, waste management, parking, and traffic impaccts. . " E. Other documents as required by the City Planner. 21. Application Process: A. Applications and accompanying documents are reviewed by the City staff. B. The completed application is scheduled for the next available Planning Commission public hearing. Estimatprf rfMp' C. Planning Commission conducts public hearing and makes recommendation to the City Council. Estimated date: D. City Council conducts public hearing. Estimated date: E. City Council decides on the request. Estimated date: 22. The above statements are true and correct to the best of my knowledge. Q~ Q 5J.t ;"d Signature ~S3 - 0)0 '-( Telephone ~/? /9 7 Date . 4 EXHIBIT" A" SKETCH AND DESCRIPTION OF PROPERTY: 30 - M.G. R.~S<l.(,Vo; p. Ib-M.G. ~ LEA S€ AREA 30';( 40' LEGAL DESCRIPTION OF OWNER'S PROPERTY: ~o~ (.,v,c,~ ~c I '\ Plat. 03953 Section 14 ,Township 29, Range 23. S 652 5/10 FT ofE 700 FT ofSW ~ ofNE ~ and S 652 5=1 FT ofW 400 FT ofSE ~ ofNE ~ and N 3775/10 FT ofE 400 FT ofNW ~ ofSE ~ of Section 14, 1N 29, RN 23. SITE ID #: AIN051 SITE NAME: Roseville . i \ A \ rA V'I~J'" D. \V \\ I Exhibit "B" The selected site for the proposed communication tower happens to be owned and used by the City of Saint Paul Water Utility Department. It is unlikely that the property values around the site will be affected in any way. Other issues such as parking and traffic are not a consideration for this type of use. Studies have proven there are no health issues related with a communication tower and engineering studies have shown that safety, too is not an issue. Should environmental factors exceed the tested duribility of the tower, which is over designed even beyond extreme factors, then the tower will colapse upon itself and not at a 90 degree angle. Our expected effect on the comunity is that Personal Communication Service (PCS), which is new communication technology, will keep the residents of Roseville in competition with the rest of the world. This tower will allow the advancement of technology to spread through the Greater Twin Cities area. United States or America Federal CommunicaUons Conunlssion RADIO STATION AUTHORIZATION ColDIIIeI'daI Mobile Radio Sen1ca PenonaJ Commtudcatlolll ServIce. Broadband APT MINNEAPOUS, INC. 30 North laSalle Street SUite 4000 ChIcago, IL 60602 KNLF224 M012 MlNNEAPOLJ&.8T. PAUl Channel Block: B File Number. 0OO21-CW-L-95 Call Sign: M8lkec ....... ....... ................ ......1............ ... ..... I._ .............. ..... 1..1 ..... ..... ....... .., .... ..... ......... ... ................1.. II ,.,.. I....... ...... 1......1..... 1.1..... ...._.... .... II. .... I" I......... The liceu~ bc:reot is audlorized., for me pedod iDdic:ared. co COIWnlCt aDd opaar.e %8dio traDamia:iDg faciliti~s in acc:ordaDa: wtlb die tams aad CDIIdidolls IN!reiDafrtz described. TIaia anrhnri-rilJD is .abjea ID tbc proviaioll5 of !be CnJltrnqftaaou As;c of 1934. II SUIWIIded. subsequeac Aaa of Coapesa. i:aremaEioaa1 ~Iiea and agrcelDCl1lS to w!l.idl me Uair.ed Srarca is & siparory. aDd aD pcniDcDE N.Ics IDd rcp]al;ions ot me Peda'al CommUDic:a1ions CLVnmi!\llica. oooraiaed iD cbc Tide 47 of me U.S. Code otPcda31 Regnbirinnc, Initial Grant Dar.e. . . . . . . . . . . . . . . . . . . . . . . June 23, 1985 Fivc.ycar Build Out Date. . . . . . . . . . . . . . . . . . . June 23. 2000 Expiration Dare. . . . . . . . . . . . . . . . . . . . . . . . June 23. 2005 CONDmONS : Pulsuat to Sec:IkIa 301J(h) of die C.tWII"IIIontcalioaa Act of 1934. as .~~. (47 U.S.C. f 309(h)), dais JiceDae is subjed co Ibc foDowiq CODdiIiaaa: Tbia JaaIe docs IlOl val ill Ibc ~ICIC auy rigbC1D apcmrc a. StaIioD Dar my ri&bt Ja Ibc (lie of Jicqacacica bcyoad die rcma cbaI=ot DOl' ill IDY 0Ibcr DWlDer dIaD snrhnft71114 bereiD. NeitbeF dUB IiccDIc DOr' Ibc tigbc pu~ Ibcrcuader sbaIl be assiped ar 0Iberwise CDDafared in viDJaIioD of die o-r-~~s Aa of 1934, u ---ted (47 U.S.C. 1151. ec seq.). 1bia Ibuse is subjca 111 cams ID the JisbI at !lie or coacro1 CXJDteaed by Seaioa 706 of Ibc Cnmm'mialioDs Aa of 1934. as ,,~ (47 U.S.C. I 6(6). Coadilioa. coadlll1ed OD Page 2. WAJV'P.R~: No waivers aunciarcd 'VItilb tbjs aatborizalioD. lame Dare: J.... 13, 1995 FCC Form 46Ja ?~~ J 01"1 KNLF224 APT MINNEAPOUS, INC. CONDITIONS: T1Iia ~ is subjea 10 me CODdidon IbIr.Ia clae CYem rim S)'RaDa IlliDg me same ~ at pared.. lie IUIbmiz.cd m ID ~j..eDt Coni.. renirary (~""IJdaIUDbd Scares). (UCIB ~ftMfm or.., buc .CMioa u-uniltrn wUIda 72 ba (4' m.iJa) at dao thUre4 StaIIcaICauada border sbIII.. requ:iRd to "Ibn~r~ auy baaDfa1 iIUI:zfaaM:c to I1p'!'1IQoas JD UIc Idjacc. far1:ip ca:ri.rDry IUd 10 eDIaIc CIOIIIiDaIDce of oquaI &'.Cell 10 die fpcp~-w;;i08 by boda ~ia. nu. 8IIIIaoriudoD iI~ rD /be ~ dill me I~_ &baI cc.ap1y Mcb ,~ 242M of dae ,..~..I..ioD'. nda. 47 C.PlL 24.204. 1bia auabarizadoa iI subject ro die ('.nn(ftdoa IIW die z-t.n.i'Q' hst1..n(:C 01 the 1riDniug bid IIDOUDI will be paid in aa::onIaacc willi Part 1 of !be C_iuinQ's nail:&. 47 C.P.R. Part 1. 00021-CW-L-95 Jsaue Dare: .1_ %J, 1995 FCC Fcwm 463a Page 2 at 2 CELLULAR REAL TV ADVISORS, INC. 1701 79th Street, Suite 19 Bloomington, MN 55425 (612) 858-0104 (613) (612) 854-4105 Fax 10 February 1997 Mr. Mike Faulk, City Planner City of Roseville 2660 Civic Center Drive Roseville, MN 55113 RE: Application for Conditional Use Pennit Proposed PCS Wireless Telephone Tower Facility by American Portable Telecom (APT) for St. Paul Water Utility Site Dear Mr. Faulk: This narrative accompanies an application for a Conditional Use Permit which will allow the location of a PCS wireless communication antenna and tower on the property currently owned by the City of Saint Paul Water Utility Department. I have been authorized by APT to act as their representative for planning and zoning matters. APT is a subsidiary of Telephone and Data Systems, Inc. (TDS). TDS is a Chicago-based telecommunications company which provides cellular telephone, local telephone and radio paging services to more than 1.9 million customers in 37 states and the District of Columbia through its subsidiaries, United States Cellular Corporation, TDS Telecommunications Corporation and American Paging, Inc. APT is the 5th largest PCS license holder in the United States in terms of population equivalents. Last year APT was granted a license by the Federal Communications Commission to operate a PCS Wireless Phone System in the Twin City market area and five other major markets in the United States. PCS is one of the newest emerging low-power wireless technologies that will compete with the cellular and local phone service. PCS will look, sound and work better than traditional cellular and will also have the advantage of being able to provide paging, fleet dispatch data and video transmission all with one portable handheld phone. PCS wireless is digital and can handle more calls per channel than traditional cellular and transmits at lower watts. USE OF EXISITING SITE AND SURROUNDING AREAS The site is currently being used as a water reservoir by the City of Saint Paul. The site is zoned residential and is surrounded by additional water utility facilities, a cemetery and single family homes. The tower is located near one of the reservoirs on the west side of the site near the cemetery . PROPOSED USE APT is proposing to construct a 45 meter (approximately 150 feet) steel self supporting tower. There will be up to nine directional panel antennas (77" high x 6" wide x 1.5" deep) which operate within the 1.9 GHz to 2.2 GHz radio frequency range. Unmanned prefabricated equipment cabinets measuring approximately 5' high x 3' wide x 3' deep will be located near the base of the tower. Typically these weather-proof, self-contained equipment cabinets are connected to the antennas by 1 5/8' cable (each antenna requires one cable run). The communication equipment requires 100 amp, 220 volt, single phase electrical service. There will be no noise, air, drainage, lighting, waste management, parking or traffic impacts from this proposed site. The antennas are not required to be lighted according to FAA requirements. The antennas will transmit and receive low power wireless radio signals. I thank you in advance for your time and attention to this matter. Please feel free to call with any questions you may have. Sincerely, CELLULAR REAL TV ADVISORS, INC. a ~- ~~ Peter D. Heimdahl Zoning Coordinator, on behalf of APT Ene!. M:\Zoning\Linda\roseapp2.doc REQUEST FOR COUNCIL ACTION Date: 08/25/97 Item No.: C-4 Manager Reviewed Agenda Section Department Approval: ~/€B ~~ Consent Item Description: APT Extension for Temporary Tower Background On December 16, 1996, the City Council approved APT to place a temporary tower at the Dale Street Fire Station for a period of 120 days with a renewal of another 120 days, if needed. APT is requesting a 120 day extension and additional permission to move the temporary tower to the Water Works site until the new tower is constructed. (Sprint currently has a temporary tower at the Water Works site.) The current Dale Street site does not provide the coverage that APT had anticipated. Staff Recommendation Staffwill meet with APT and find a suitable place for the placement of a temporary site at the Water Works property. The rent of a $1,000 per month would continue. Staff is recommending the 120 day extension and the relocation request. 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