HomeMy WebLinkAbout97-048 Unisite Tower Site Plan
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Planning Case File No.
Property Identification No.
City of Prior Lake
LAND USE APPLICATION
Q7-()'tY
16200 Eagle Creek Avenue S.E. / Prior Lake, Minnesota 55372-1714 / Phone (612) 447-4230, Fax (612) 447-4245
Type of Application: Brief description of proposed project (attach additional
o Rezoning, from (present zonin~)
to (proposed zoning)
o Amendment to City Code, Compo Plan or City Ordinance
o Subdivision of Land
o Administrative Subdivision
o Conditional Use Permit
sheets/narrative i desifed) 'I I
---In 6 .\) () I> hr (J-/ t/lb
o Variance
~ Other: Sire
Applicable Ordinance Section(s):
tJ...Se
Applicant(s): UNIS/-re.. TAlc.". i U~176() 5fA--IE.~ f{)5iPJ-1 ~C€.
Address: J" 0 l I\J, G 'EAJ~( l{ E, S rJd:e I tJ 0
Home Phone: I Work Phone: q7~-3'f.g~ 7"5g
Property Owner s
Address: I C'o 53
Home Phone:
Type of Ownership:
[If different from Applicants]: UN fe
tJNA TRAI SE.. fru)!l..
Work hone:
Fee _ Contract for Deed _ Purchase Agreement ~
c.E.
Legal Description of Property (Attach a copy ifthere is not enough space on this sheet):
To the best of my knowle e the information provided in this application and other material submitted is correct. In
addition, I have re t re vant sections of the Prior Lake Ordinance and procedural guidelines, and understand that
applications wil 0 roc sed until deem~d complete by the Planning Director or assignee.
5/2- flJ
Date
App. r n gnature A LV:> ~,G-, , UfJ1S,-r8) l-NL
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AljD AS ~z.!;D ~lml1lr
Fee Owner's Signature~ m D5M--S~lA-c3~l e:€.
Date
THIS SPACE TO BE FILLED IN BY THE PLANNING DIRECTOR OR DESIGNEE
PLANNING COMMISSION
CITY COUNCIL
APPROVED
APPROVED
DENIED
DENIED
DATE OF HEARING
DATE OF HEARING
CONDITIONS:
Signature of Planning Director or Designee
lu-app2.doc
Date
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PROPOSED MULTI-USER
SITE LOCATION LOCATED
ON THE EXISTING GRASS
BERM
80'-0'
U
1l..-35'-0.-J
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rES:
!IS IS A PRELIMINARY SITE MASTERPLAN AND SHOULD BE
U;IDERED CONCEPTUAL. NOT FINAL.
ROPOSED SITE LOCATION MUST BE DISCUSSED WITH USPS
:IALS AND ACCEPTED BY USPS OFFICIALS BEFORE PLAN CAN BE
;IDERED FINAL.
INAL ORIENTATION OF SITE AND/OR SITE ELEMENTS MAY HAVE
E REVISED DURING ENGINEERING AS REOUIRED BY SITE
liT IONS. UniSite MUST REVIEW AND APPROVE FINAL PLAN.
UIS IS AN OPERA TOR-BUILD SITE. THE OPERA TOR (SITE
.NT> IS RESPONSIBLE TO SECURE REOUIRED SURVEYS.
:ECHNICAL STUDIES. OVERHEAD & UNDERGROUND UTILITIES
RMA TION. ETC. AS REOUIRED FOR THE VlORK. REFER TO
JniSite STANDARDS FOR MORE GUIDANCE.
IES FROM BUILDING TO PROPERTY LINE ARE UNKNOWN.
'ERTY LINES WERE NOT SURVEYED OR OBTAINED FROM A SURVEY
MAY NEED TO VERIFIED PRIOR TO DESIGN OR CONSTRUCTION.
ROPERTY IMPROVEMENTS AND LIMITS OF PAVING ARE UNKNOWN
NEED TO BE OBTAINED PRIOR TO DESIGN & CONSTRUCTION.
1601 Glenvllle Or 0' Suite 100
Richardson, Texas 75081
Phone: (972) 348-7600
FAX: (972)669-2500
APPROVED BY:
DRAWN BY: FYH
REVISED
E MASTERPLAN
HEL TERS AND MINI-BTS
lFFICE
PRIOR LAKE, MN
DRAWING NUMBER
CMP-.24122-01
-.. -
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WILLIAM J. lOEWENTHAL
~ UN/TEDSTilTES
POSTi1LSERVICE
May 7
199 7
, -
Re:
Application for zoning for communications facility construction
at16535 Anna Trail SE; Prior Lake, MN 55372-2471
(the "Site")
Dear Mr.
Charles Craig'
The United States Postal Service hereby acknowledges that
UniSite, Inc has submitted a zoning application
to construct a communications facility at the Site.
Sincerely,
Attesl;.v. ~
United States Postal Service
j/I~r'~
By: William J. Loewenthal
Its: Contracting Officer
REAL TV ASSET MANAGEMENT
4301 WILSON BLVD., SUITE 300
ARLINGTON, VA 22203-1861
(703) 526-2855 FAX: (703) 526-2710
EMAIL: BLOEWEN@EMAILUSPS.GOV
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BANKING. HOUSING. AND URBAN AFFAIRS
ENERGY AND NATURAL RESOURCES
FOREIGN RELATIONS
JOINT ECONOMIC
tinitrd ~tatf5 ~fnatf
G{ P (/!{ r'G.w~SHINGTON OFFICE:
. PH. 202-224-3244
FAX 202-228-0956
INTERNET: MAIL_GRAMS@GRAMS.SENATE.GOV
ROD GRAMS
MINNESOTA
COMMITTEES:
MINNESOTA OFFICE:
WASHINGTON, DC 20510
2013 SECOND AVENUE NORTH
ANOKA, MN 55303
PH. 612-427-5921
FAX 612-427-8872
BUDGET
July 11, 1997
The Honorable Lydia Andren
Mayor
City of Prior Lake
16200 Eagle Creek Avenue SE
Prior Lake, MN 55372
--.
Dear Mayor Andren:
-........... .
Many thanks for your letter regarding the u.s. Postal Service's apparent plan to erect a 150
foot radio tower in Prior Lake in violation of the City's ordinance. I share your concern.
I am troubled whenever the federal government, through department or agency action, directly
violates state law or local ordinance because I believe it breaches our system of federalism.
Although there are occasions when it is proper for federal law to supersede state or local
counterparts, I do not believe the situation currently confronting Prior Lake is such an
occasion. Accordingly, I have requested that the Post Master General provide a prompt
explanation for this decision and have urged that the U.S. Postal Service work with Prior
Lake to avoid violation of the City's ordinance. Please keep me posted as this issue develops
and do not hesitate to call if you need further assistance on this or any other matter.
Thank you once again for your letter. I understand and appreciate your concerns and always
enjoy hearing from you. Please stay in touch.
Sincerely,
4/4~
Rod Grams
United States Senator
RG:jh
PRINTED ON RECYCLED PAPER
'PI
June 24, 1997
Randy Maluchnik
Congressman David Minge's Office
205 East 4th Street
Chaska, MN 55318
RE: UniSite Radio Tower in Prior Lake
Dear Mr. Maluchnik:
Please thank Congressman Minge for his letter dated May 8, 1997, regarding the
UniSite radio tower. Subsequently, on May 30, 1997, the City of Prior Lake received an
application for approval of tower at the Post Office site. While this application did not
contain the information we need to determine the height and location of the tower, we
suspect it refers to the 150' tall tower originally proposed.
Attached, for your information, is a copy of the application we received. We will
continue to advise you of further developments in this matter.
Thank you again for your interest. If you have any questions, please contact me at 447-
4230.
Sincerely, .1/_ ~
().~
~KanSier, AICP
Planning Coordinator
c: Suesan Lea Pace, City Attorney
1:\97files\97sitepl\unisite\minge.doc
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
May 30, 1997
Charles Craig
UniSite
1601 North Glenville, Suite 100
Richardson, TX 75081
RE: Tower at US Post Office at 16535 Anna Trail
Dear Mr. Craig:
The City of Prior Lake received your application for approval of an antenna at the above
site. This letter is to advise you that this application is incomplete. Before we will review
this application, you must submit at least eight (8) full scale copies and one (1) set of
plans reduced to 11" by 17" of the following:
1. A survey of the site, including the location of the existing building, the proposed
tower and any other proposed buildings.
2. Elevations and structural drawings of the proposed tower.
3. Elevations and structural drawings of any other proposed structures.
4. A landscaping plan.
5. A filing fee of $300.00
Once we have received all of the above information, we will begin processing your
application.
Also attached, for your information, is the section of the City of Prior Lake Zoning
Ordinance pertaining to towers and the ordinance regarding accessory equipment
storage buildings. If you have any questions about this information, please contact me
at (612) 447-4230.
sincere,ya. -t;;~"" -.. )
~. Kansier,';:C~~-
U~~~n~g Coordinator
c: Suesan Lea Pace, City Attorney
DRC Members
1:\97files\97sitepl\unisite\craig .doc
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
. '
5-4-4
5-4-3
--
smokestacks, conveyors, flag poles, silos ana air conditioning,
heating units and wind generators. (Ord. 83-6, 6-24-1983)
~
5-4-4:
TOWERS WITH ANTENNA:
(A) The erection of a tower with antenna requires a building permit. The
antenna on an existing tower may be changed or altered without a
permit.
(B) The City shall be exempt from this Section.
(C) The maximum height of a tower with antenna shall be seventy five
feet (75'). However, a tower with antenna cannot be in excess of a
height equal to the distance from the base of the tower to the
nearest overhead electrical power line which serves more than one
dwelling or place of business, less five feet (5'). In the case of an
extendable tower, the retracted height of the tower shall be
considered its height for purposes of this Section.
(0) The minimum setback from any property line and the 904 contour
line shall be equal to one-half C12) the height of the tower with
antenna measured from the base to its highest point.
(E) No parts or anchors which are part of the tower with antenna shall
extend across any property line, public street, or sidewalk.
(F) The tower with antenna must be properly grounded with at least an
eight foot (8') ground rod at the base of the tower and connected
with a number 6 or larger wire between the ground rod and tower
base.
(G) No lights, flashers or reflectors shall be affixed to the tower with
antenna unless required by law.
(H) Towers with antenna located in the rural service area of Prior Lake
as defined in the Comprehensive Plan are exempt if the following
requirements can be met:
1. A tower with antenna is located at least two hundred fifty feet
(250') from the center line of a public road.
2. The tower and antenna has setbacks equal to one-half C12) the
height measured from the base to its highest point. (Ord. 87-08,
6-1-1987)
896
City of Prior Lake
--
--
CITY OF PRIOR LAKE
ORDINk'1CE NO. 97- 01
AN ORDINAi.'fCE .~"IENDING SECTIONS 5-1-7, 5-3-1 AN']) 5-5-2 OF THE
PRIOR LAKE CITY CODE AJ.'ID AJ."IENDING SECTIONS 8.1, 3.1 AJ.~l) 6.2 OF
THE PRIOR LAKE ZONING ORDINAi.'1CE 83-6.
Tne City Council of the City of Prior Lake does hereby ordain:
Sections 5-1-7, 5-3-1 and 5-5-2 of the Prior Lake City Code and Sections 8.1, 3.1 and 6.1
of the Prior Lake Zoning Ordinance 83-0 are hereby amended to read as follows:
Section 5-1-7 and 8.1 are hereby amended by deleting the existing definition of Essential
Services, and adding the following defInition:
ESSENTIAL SER VICES: Services and utilities needed for the health, safety and
general welfare of the City, such as underground, surface, or overhead electrical, gas,
telecommunications, radio communications, steam, water, sewerage, and other utilities.
Section 5-1-7 and 8.1 are hereby amended by adding the follo~ing defInition:
EQUIP_~fENT SHELTERS: Buildings and strUctures used for the storage of equipment
related (0 and accessory to the furnishing of essential services.
Sections 5-3-1 and 3.1 is hereby amended by adding the fol1o~ing language (in italics):
PER.\>fITTED USES: Tne permitted uses for each district are listed below. Accessory uses and
essential services are also permitted. Equipment shelters are permitted as an accessor/ use
subject to the provisions of Section 5-5-2 C of this Code. Massage therapy or therapeutic
massage is permitted as a use accessory to retail business (except when the retail business is
operated in conjunction with a motor fuel station) and personal service businesses in the B 1 -
Limited Business, B2 _ Community Business and B3 - General Business DistrictS; private c1ub-
health club in the B 1 _ Limited Business, B2 - Community Business and B3 - General Business
Disnicts; and hospitals and clinics in the' Rl - Suburban Residential Disnict, R2 - Urban
Residential Disrric:, R3 _ Multiple Residential Disrric:, and B3 - General Business District.
Sections 5-5-2 and 6.1 are hereby amended by adding (C) (1-4) as follows:
(C) Equipment shelters are permitted as an accessory use to an essential service subject to
the following reg'..Jlations:
16200 Ea~R!i~~r~.131.1..~~cr Lake. Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (6~Qf47-4245
AN EQUAL OPPOR7t,;NITY 24PLOYE.~
. t
(1) A.n equipment shelter shall not e.'Cceed 336 square feet in area.
(2) Exterior building materials for equipment shelters shall be brick or a material which
simulates the appearance of a brick fascia. and shall be architecruraily compatible
with the surroimd~"%g area.
(3) Equipment shelters must meet the setbac.1cs listed in Section 5--1-1. Lot and Yard
Requirements, for "Other Uses" in the A-I, R-i, R-2, R-3, R--I and B-2 Districts. or
for "Ail Uses" in the B-i, B-3, 1-2 and C-i Districts. or for "Structures" in the B-P
District, except that setbacks between equ~l)ment shelters may be varied so long as
the proximity does not create a health safety issue.
(-I) There shall be no outside storage of equipment or vehicles permitted as part of the
equipment shelter.
(5) In order to avoid unsightliness and to mitigate against possible diminution in
property values, the location and placement of an equipment shelter accessory to an
essential service(s) shall be subject to site plan review. The $ite plan must receive
approval of the Planning Director, the City Engineer and the Building Official.
This ordinance shall become effective from and after its passage and publication.
Passed by the City Council of the City of Prior Lake this 6th day of January, 1997.
(
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Publishe . the Prior Lake American on the G day or .....'cnUCr..,'
19%= r
Drafted By:
City of Prior Lake Planning Department
16200 Eagle Creek Avenue
PAGE 2
r:'.council\ordinanc'.ord970 I.doc
Ii (' {I ct. ~~-
DAVID MINGE
2ND D1STRICL MINNESOTA
COMMITIEE ON AGRICULTURE
1415 LONGWORTH BUILDING
WASHINGTON. DC 20515
(202) 225-2331
GENERAL FARM COMMODITIES
FORESTRY. RESOURCE CONSERV ATION
AN D RESEARCH
UNITED STATES
HOUSE OF REPRESENTA:
May 8, 1997
Drn~~\1W
S :\ p.{ -j 1ST
E.MAIL: WWW.HOUSE.Gov/WRITEREP
-'
--
Mayor Lydia Andren
Cities of Prior Lake
16200 Eagle Creek Avenue SE
Prior Lake, Minnesota 55372-1714
Dear Lydia:
Thank you for your letter dated April 24, 1997 regarding the UniSite radio tower. Mr.
Brian Marshall, Administrative Service Manager for the United States Postal Service, Northland
District has assured me that if the City of Prior Lake objects to this tower it will not be built.
Please contact Randy Maluchnik at my Chaska office if you have additional questions or
concerns.
Again, thank you for contacting me on this matter.
Sincerely,
~
David Minge
Member of Congress
DMlrm
pH
- D1STRlcr OFFICES: -
(SoUTHTOWN PLAZA I
542 FIRST STREET SOUTH
MONTEVIDEO. MN 56265
(320) 269-9311
TOLL FREE H800)-453-9392
(CITV SQUARE)
205 EAST FOURTH STREET
CHASKA. MN 55318
(612) 448-6567
(COURTHOUSE Sou ARE)
938 FOURTH AVENUE
P.O. Box 367
WINDOM. MN 56101
(507) 831-1II15
., ~ :-
STATE OF MINNESOTA
~?FF1cr: Q:
.-'~TE~
MAY 13 1997
IN COURT OF APPEALS
FILED
Lovering-Jobnson, Inc.,
Appellant,
ORDER
vs.
#C6-96-1331
City of Prior Lake,
Respondent.
BASED ON THE FILE, RECORD, AND PROCEEDINGS, THE NOTICE OF
TAXATION OF COSTS AND DISBURSEMENTS, AND BECAUSE:
I. By published opinion filed January 14, 1997, this court reversed the district court's
determination and remanded with directions. Respondent did not seek further review in the
supreme court.
2. Appellant filed a timely notice of taxation, seeking $1,713.99.
3. . The city objects to the taxation, asserting that it was acting in its sovereign capacity.
4. In administering the bidding process for a public improvement, the city was
discharging its statutory duties and it is not liable for costs and disbursements. See Villa2e of Blaine
v. Independent Sch. Dist. No. 12, 272 Minn. 343, 362, 138 N.W.2d 32, 45 (1965) (school district
immune from costs and disbursements in suit arising from purchase of heating fuel); Otto B.
Ashbach & Sons. Inc. v. State, 247 Minn. 573, 579-80, 78 N.W.2d 446, 450 (1956) (state immune
from costs and disbursements in suit brought by road contractor). Appellant has not established
f
.
May 5, 1997
Denise Harvey
UniSite
1601 North Glenville, Suite 100
Richardson, TX 75081
RE: Tower at US Post Office at 16535 Anna Trail
Dear Ms. Harvey:
Attached is the Section of the City of Prior Lake Zoning Ordinance pertaining to towers.
I have also attached the ordinance regarding accessory equipment storage buildings,
and the application for a variance you requested. If you have any questions about this
information, please contact me at (612) 447-4230.
Sincerely,
~ Q. t{~
U~~:_~. Kansier, AICP
Planning Coordinator
c: Frank Boyles, City Manager
Suesan Lea Pace, City Attorney
I: \97files \97 sitepl\u n is ite \h a rvey. d oc
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
:
5-4-3
5-4-4
--
smokestacks, conveyors, flag poles, silos and air conditioning,
heating units and wind generators. (Ord. 83-6, 6-24-1983)
~
TOWERS WITH ANTENNA:
5-4-4:
(A) The erection of a tower with antenna requires a building permit. The
antenna on an existing tower may be changed or altered without a
permit.
(B) The City shall be exempt from this Section.
(C) The maximum height of a tower with antenna shall be seventy five
feet (75'). However, a tower with antenna cannot be in excess of a
height equal to the distance from the base of the tower to the
nearest overhead electrical power line which serves more than one
dwelling or place of business, less five feet (5'). In the case of an
extendable tower, the retracted height of the tower shall be
considered its height for purposes of this Section.
(0) The minimum setback from any property line and the 904 contour
line shall be equal to one-half C12) the height of the tower with
antenna measured from the base to its highest point.
(E) No parts or anchors which are part of the tower with antenna shall
extend across any property line, public street, or sidewalk.
(F) The tower with antenna must be properly grounded with at least an
eight foot (8') ground rod at the base of the tower and connected
with a number 6 or larger wire between the ground rod and tower
base.
(G) No lights, flashers or reflectors shall be affixed to the tower with
antenna unless required by law.
(H) Towers with antenna located in the rural service area of Prior Lake
as defined in the Comprehensive Plan are exempt if the following
requirements can be met:
1. A tower with antenna is located at least two hundred fifty feet
(250') from the center line of a public road.
2. The tower and antenna has setbacks equal to one-half C12) the
height measured from the base to its highest point. (Ord. 87-08,
6-1-1987)
896
City of Prior Lake
:
CITY OF PRIOR LAKE
ORDINAJ.'iCE NO. 97- 01
AN ORDINANCE AJ.VlENDING SECTIONS 5-1-7,5-3-1 Al"ID 5-5-2 OF THE
PRIOR LAKE CITY CODE AND AlVlENDING SECTIONS 8.1, 3.1 AJ."ID 6.2 OF
THE PRIOR LAKE ZONING ORDINAJ.'iCE 83-6.
The City Council of the City of Prior Lake does hereby ordain:
Sections 5-1-7, 5-3-1 and 5-5-2 of the Prior Lake City Code and Sections 8.1, 3.1 and 6.2
of the Prior Lake Zoning Ordinance 83-6 are hereby amended to read as follows:
Section 5-1-7 and 8.1 are hereby amended by deleting the existing defInition of Essential
Services, and adding the following defInition:
ESSENTIAL SERVICES: Services and utilities needed for the health, safety and
general welfare of the City, such as underground, surface, or overhead electrical, gas,
telecommunications, radio communications, steam, water, sewerage, and other utilities.
Section 5-1-7 and 8.1 are hereby amended by adding the following defInition:
EQUIPlYlENT SHELTERS: Buildings and structures usedfor the storage of equipment
related to and accessory to the furnishing of essential services.
Sections 5-3-1 and 3.1 is hereby amended by adding the following language (in italics):
PER.J.'AITIED USES: The permitted uses for each district are listed below. Accessory uses and
essential services are also permitted. Equipment shelters are permitted as an accessory use
subject to the provisions of Section 5-5-2 C of this Code. Massage therapy or therapeutic
massage is permitted as a use accessory to retail business (except when the retail business is
operated in conjunction with a motor fuel station) and personal service businesses in the B 1 -
Limited Business, B2 - Community Business and B3 - General Business Districts; private club-
health club in the B 1 - Limited Business, B2 - Community Business and B3 - General Business
Districts; and hospitals and clinics in the' Rl - Suburban Residential District, R2 - Urban
Residential District, R3 - Multiple Residential District, and B3 - General Business District.
Sections 5-5-2 and 6.2 are hereby amended by adding (C) (1-4) as follows:
(C) Equipment shelters are permitted as an accessory use to an essential service subject to
the following regulations:
16200 Ea~R!ir@f~~r~.]!.1;~l'ior Lake. Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (6~Gf47-4245
AN EQUAL OPPORTUNITY E:'4PLOYEH
't
(1) An equipment shelter shall not exceed 336 square feet in area.
(2) Exterior building materials for equipment shelters shall be brick or a material which
simulates the appearance of a brick fascia, and shall be architecturally compatible
with the surround~'1g area.
(3) Equipment shelters must meet the setbacks listed in Section 5-4-1, Lot and Yard
Requirements,for "Other Uses" in the A-I, R-l, R-2, R-3, R-4 and B-2 Districts, or
for "All Uses" in the B-1, B-3, 1-2 and C-l Districts, or for "Structures" in the B-P
District, except that setbacks between equipment shelters may be varied so long as
the proximity does not create a health safety issue.
(4) There shall be no outside storage of equipment or vehicles permitted as part of the
equipment shelter.
(5) In order to avoid unsightliness and to mitigate against possible diminution in
property values, the location and placement of an equipment shelter accessory to an
essential service(s) shall be subject to site plan review. The Site plan must receive
approval afthe Planning Director, the City Engineer and the Building Official.
This ordinance shall become effective from and after its passage and publication.
Passed by the City Council of the City of Prior Lake this 6th day of January, 1997.
~~4
the Prior Lake American on the G day of .JsnUCYl{
, 19%: r
Drafted By:
City of Prior Lake Planning Department
16200 Eagle Creek Avenue
r:\council\ordinanc\ord970 I.doc
PAGE 2
April 29, 1997
Paul F. Gibson, Vice President
UniSite
1601 North Glenville, Suite 100
Richardson, TX 75081
RE: Tower at US Post Office at 16535 Anna Trail
Dear Mr. Gibson:
Based on conversations with Suesan Lea Pace, City Attorney, I understand UniSite will
apply for a building permit for a 140' high monopole radio tower on the Post Office
property located at 16535 Anna Trail. As you know, this tower does not conform to City
Zoning Ordinances in several respects.
The City of Prior Lake has several concerns with this tower. Aside from the fact that it is
nearly twice as tall as those permitted under our ordinance, we are also concerned
about the location of the tower. In the event this tower were to collapse, it could
damage buildings on the adjacent property, or it could fall onto the nearby highway.
Furthermore, the site is located directly across the highway from the City's active
redevelopment district. It is the City's intent to commit significant financial resources to
improvements in this redevelopment district in the form of tax increments to facilitate the
development of land uses and public facilities which are responsive to the community
needs and reflect current development philosophies. We are concerned about the
impact this tower will have on this site.
I hope you will take these concerns into account and allow us to work with you when you
design and locate this facility. If you have any questions,' please contact me at 447-
4230, or City Attorney Suesan Lea Pace at 452-5000.
Sincerely,
a. ~
~ Kansier, AICP
U~~~n~g Coordinator
c: Frank Boyles, City Manager
Suesan Lea Pace, City Attorney
1:\97files\97sitepl\unisite\gibson.doc
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
UN /.SITE
'0,:-:: r- ~"/'1.::)
n~v....J ~-
;101\ 'I ~ 0 'G ~ 7
!~.t ~ 1-.-....,
May 31, 1997
To Whom It May Concern:
Please find enclosed an application for approval of a cellular
communications facility. Please advise me of the application fee for this
submittal. You may reach me by phone at 972-348-7658.
'Charles Craig
Vice President, Operations
160 I. N. Glenville, Suite 100 Richardson, TX 75081 214-669-7600 FAX 214-669-2500 1-800-UNISITE
05/05/97 MON 09:47 FAX 612 452 5550
C K S & F
~002
CAMPBELL, KNUTSON, SCOTT & FUCHS, P.A.
Attorneys at Law
ThomBs J. Campbell
Roger N. Knutson
Thomas M. Scott
Gary G. Fuchs
James R. Walston
Elliott B. I<1',,~tsCh
Suesan Lt:a Pa,c
(612) 452~5000
Fax (612) 4S2~5550
^ndrea McDowcll Poehler
Matthe"" K. Brokl*
John F. Kelly
Marguerite M.. McCllITon
George T. Stephenson
.AIII<) li~.......J il'l llCIis<amin
. . .
Writer's Extension: Z12
Writer's Fax: 4S2-SSS0
May 5. 1997
Mr. Paul Gibson
V ice-President
U11iSite
1601 N. Glen'Ville
Suite 100
Richardson, TX 75801
Re: Municipal Site Sharing Program
Dear Mr. Gibson:
I have discussed UniSite's Municipal Site Sharing Program with several of my Ciry
Attorney colleagues. At this time, none appear interested in pursuing this matter. I have
forwarded your letter to Prior Lake City Manager, Frank Boyles, for his consideration. Mr.
Boyles is currently on the Board of Directors of the Association of Metropolitan Municipalities,
and consequently has insights that often prove helpful,
I will keep in touch on this matter.
Very truly yours,
CAMPBELL, KNUTSON,SCOTT
& FUCHS, P.A.
~~U
Suesan Lea Pace
By:
S~
cc~ Frank Boyles
Don Rye
Suite 317 . Eagandale Office Cencer · 1380 Corporate Center CUIve · Eagan, MN 55121
April 24,1997
Congressman David Minge
South Town Plaza
542 1 st Street South
P.O. Box 364
Montevideo, MN 56265
Dear Congressman Minge:
I am sending this letter to draw your attention to an issue which has arisen in the City of
Prior Lake and has ramifications for many other communities in the State of Minnesota.
The City has been dealing with a company called UniSite located in Richardson, TX.
This company has an agreement with the US Postal Service to construct a 150 foot high
monopole radio tower on the Post Office property in Prior Lake. The Post Office intends
to utilize the tower for it's new Track and Trace system. In addition, UniSite will manage
the tower facility for the Post Office and intends to lease space on the tower to companies
providing PCS and cellular telephone service. The tower they intend to erect does not
conform to the City zoning ordinance in several respects and would not be approved if a
private party were to propose it on private property. UniSite maintains that, because the
site is federally-owned, local ordinances do not apply. They have indicated some
willingness to work with the City but it appears that we may be at an impasse.
The City has a general concern with this issue relating to the enforceability of City
ordinances but is also concerned because the site is located on Highway 13 directly across
the highway from the City's active redevelopment district. This area is presently
characterized by obsolete land use patterns, overhead utilities and inadequate
transportation facilities. It is the City's intent to commit significant financial resources to
improvements in this redevelopment district in the form of tax increments to facilitate the
development of land uses and public facilities which are responsive to community needs
and reflect current development philosophies.
Consequently, we are distressed to discover the City seemingly has very little to say over
the siting of this facility at that location in our community. While the City believes that
the Telecommunications Act of 1996 does not preempt local zoning authority, we are not
I:\admin\towminge.doc 1
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
Congressman David Minge
April 24, 1997
Page 2
in a position to expend large sums of taxpayers dollars to test this theory. As a result, we
are drawing this matter to your attention in the hope that an equitable solution to this
dilemma can be found.
The staff contact here is City Manager Frank Boyles at 447-4230. Thank you for any
assistance you are able to provide.
Sincerely,
L~~~c ~
~;ZAndren
Mayor
1:\admin\towminge.doc
.
2
Congressman David Minge
April 24, 1997
Page 2
in a position to expend large sums of taxpayers dollars to test this theory. As a result, we
are drawing this matter to your attention in the hope that an equitable solution to this
dilemma can be found.
The staff contact here is City Manager Frank. Boyles at 447-4230. Thank you for any
assistance you are able to provide.
Sincerely,
L~t#tlc ~
V"LZ' Andren
Mayor
l:\admin\towminge.doe
2
05/05/97 MON 09:48 FAX 612 452 5550
CKS&F
141003
...
UH15ITE
April 22, 1997
Ms. Suessn Lea Pace
Campbell, Knutson, Scott & Fuchs, P. A.
Eagandale Office Center
13 80 Corporate Center CUlVe
Eagan, MN 55121
RE: Municipal Site Sharing Program
Dear Ms. Pace:
UniSite's Municipal Site Sharing Program was detailed in the attachment to my April 1,
1997 letter. While the program was intended for the City of Prior Lake, it could be expanded to
include other municipalities within the greater Minneapolis area.
We intend to make municipal site management transactions a 'significant portion of the
c;ompany's business and are under discussions with several municipalities. We closed the
company's first municipal transaction with the City of Kansas City. Missouri on March 3, 1997.
We are interested in making a presentation to area planning officials to discuss UniSite's
Municipal Site Sharing Program. If you believe such a program would be ofinterest to municipal
officials within the area, UniSite would be pleased to host a luncheon to review program specifics.
I would appreciate your thoughts on the program and the luncheon. You may reach me at
(972) 348-7752 or you may page me at (888) 358-1620.
Thank you for your assistance.
~~~
Paul F. Gibson
Vice President
1601 N. ~len"iIlQ. Suite 100 Richardson. TX 75081
972.348.7600 FAX 972-669-2500 '-800.UNISliE
UN15'TE
April 1, 1997
Ms. Susan Lea Pace
Prior Lake City Attorney
Campbell, Knutson, Scott & Fuchs, P. A.
Eagandale Office Center
1380 Corporate Center Curve
Suite 317
Eagan, MN 55121
! ~f~Klli~~;j~
,-------
-------------
RE: Municipal Site Sharing .Program, Term Sheet Proposal
Dear Ms. Pace:
Pursuant to our discussion this afternoon, we have enclosed UniSite's Municipal
Site Sharing Program proposal for your review. Our strategy is to seek larger
municipalities for the program as start up costs are nearly the same for large and small
cities. Notwithstanding this strategy, we are interested in constructing the proposed site
at the Post Office located at 16535 Anna Trail in Pryor Lake and would consider
including city properties in the program if we could work out an accommodation with
the city to construct a wireless communications site at the Post Office facility.
We would appreciate your thoughts on the program at your earliest
convenience. As discussed, this is the same structure used for our most recent
transaction with the city of Kansas City, Missouri. We wish to point out that the
"Compensation" set forth in the Term Sheet Proposal is the same pricing used for the
Kansas City, Missouri transaction and, as such, it should be viewed as our best and
final pricing.
Please contact me with your comments after you have studied the proposal.
You may reach me at (972) 348-7752 between 8:30 am and 6:00 pm, Monday through
Friday.
Thank you for your time today.
Very truly yours,
~~i~
Paul F. Gibson
Vice President
Attachment
1601 N. Glenville, Suite 100 Richardson, TX 75081 972-348-7600 FAX 972-669-2500 1-800-UNISITE
MUNICIPAL SITE SHARING PROGRAM
TERM SHEET PROPOSAL
Regarding use of municipal property for antenna siting
between
City of Prior Lake, Minnesota and UniSite, Inc.
April 1, 1997
1. General: UniSite will market, develop and manage (including billing and collection services)
greenfield sites selected by the City of Prior Lake ("City") for. the development of wireless
antenna support structures for use by one or more wireless operators ("Site Sharing"). UniSite
will also market and manage existing City towers and rooftops for Site Sharing. UniSite will
perform certain site engineering and radio frequency interference management services on behalf of
wireless operators and will bill them directly for such services at market rates.
2. Plan: City and UniSite will cooperate to identify and pre-zone those greenfield sites which may be
marketed and developed by UniSite for Site Sharing. The greenfield sites will be identified based
on the location and maximum permissible height for a structure acceptable at each site (e.g., 100
ft., 125 ft., 150 ft., etc.) and marketed by UniSite based on pre-configured, pre-approved site
plans.
3. Structure: UniSite will lease the greenfield sites, towers or rooftops from the City at no charge
and simultaneously sublease to wireless operators.
I~
4. Compensation: City will be entitled to the following site sublease fees:
I
nd .
_ 30% of gross rental revenues from the 2 and subsequent wireless operators at a greenfield
site
_ 30% of gross rental revenues payable by the 1st wireless operator at a greenfield site during
the renewal term
_ 85 % of gross rental revenues payable by wireless operators currently installed on existing
City towers and rooftops (optional)
_ 70% of gross rental revenues payable by wireless operators collocating on existing City
towers and rooftops from and after the 4th month of the sublease (UniSite will retain 30% of
such revenues plus 100% of the first three months revenues to cover commissions, set up
costs, etc.)
_ One attachment right, at no charge, for police arid fire on developed greenfield sites,
subject to space availability
_ MFN rates for attachment rights for other City wireless services on developed greenfield
sites, subject to space availability
5. Lease Term: Each site lease will have an initial term of 20 years with a renewal term of 20 years,
provided UniSite is in compliance with the terms of the lease.
6. Marketing Term: UniSite's right to market unmanaged greenfield sites, towers and rooftops will
be exclusive for a period of 10 years with one 5 year renewal; UniSite's right to market managed
greenfield sites, existing towers and rooftops (i.e., subject to a site lease) will be exclusive for the
period of the site lease.
Note: Greenfield sites are raw municipal land where UniSite constructs a wireless communications site at its expense
MEMORANDUM
TO:
SLP
FROM:
MKB
DATE:
March 12, 1997
RE:
Prior Lake: Tower and Antenna siting on Federal property
-------------------------------------------------------------------------------------------------------
QUESTIONS
1. Does the Telecommunications Act of 1996 preempt all local zoning authority to
regulate tower and antenna siting?
2. Does a local zoning ordinance apply to a tower or antenna on Federal property?
RESEARCH CONDUCTED
I have reviewed the following documents in order to answer you questions
regarding the proposed placement of a tower and antenna on Post Office property.
1. Federal Communications Commission Fact Sheet #1 and #2. I obtained
these documents from the F. C. C. home page on the Internet. A
representative of the F.C.C. in Washington referred me to these
materials.
2. Section 704 of the Telecommunications Act of 1996.
3. General Services Administration publication entitled "Placement of
Commercial Antennas on Federal Property: Procedures implementing the
requirements of section 704(c) of the Telecommunications Act of 1996. "
4. Publication entitled "Implementing the New Telecommunications Law: A
County and Local Officials Guide to the Telecommunications Act of
1996."
5. League of Minnesota Cities Memo: "Recommendations on Zoning for
Wireless Telecommunications Towers and Antennas. "
6. Various City Ordinances regarding Towers and Antennas.
A search of Federal Cases in Circuit Courts since the Telecommunications Act of
1996 was enacted reveals no cases on point. I am not aware of any appellate cases on
point.
ANSWERS:
Section 704(c) of the Telecommunications Act has not been fully implemented
by the F.C.C. It is anticipated that as time passes, the F.C.C will continue to make
rules and revise its policies. Challenges may be made to the rules of the F.C.C. and
revisions of the rules would then follow. Thus, the interpretation and implementation
of this section of the Act may be a work in progress.
1. Does the Telecommunications Act of 1996 preempt all local zoning
authority to regulate tower and antenna siting?
No. Under section 704 (c) a local zoning authority may regulate the placement
of towers and antennas. (However, this general authority may not apply to lands
owned by the Federal Government. See #2). Pursuant to section 704(c) of the Act,
The F.C.C. will not review the zoning ordinances or decisions of local governments
unless the decisions or ordinances "unreasonably discriminate among providers of
functionally equivalent services" or "prohibit or have the effect of prohibiting the
provision of personal wireless services."
2. Does a local zoning ordinance apply to a tower or antenna on Federal
property?
Not exactly. The Federal government generally takes the position that it is
exempt from local zoning regulations, particularly as local regulations relate to real
property owned by the federal government. Thus, in the case at hand, assuming the
Post Office property is owned by the federal government, the City probably will not
be able to apply its zoning ordinance. On August 10, 1995, President Clinton signed
an Executive Memorandum directing the heads of all. departments and agencies to
facilitate access to federal property for the purpose of siting mobile .services antennas.
the General Services Administration (GSA) developed procedures entitled "Placement
of Commercial Antennas on Federal Property: Procedures implementing the
requirements of section 704(c) of the Telecommunications Act of 1996." This
document sets forth the "guiding principles" to be followed by federal agencies in
implementing section 704(c) of the Act. Principle #2 states:
"Upon request, and to the extent permitted by law and where practicable,
executive departments and agencies shall make available Federal Government
building and lands for the siting of mobile services antennas. This should be
done in accordance with Federal, State and local laws and regulations, and
,-
consistent with national security concerns (including minimizing mutual
electromagnetic interactions), public health and safety concerns, environmental
and aesthetic concerns, preservation of historic buildings and monuments,
protection of natural and cultural resources... "
CONCLUSION
I understand that Frank Boyles is expecting a preliminary response to the issues
we discussed with him earlier today. My preliminary review of the issues reveals that
enforcement of the Prior Lake zoning ordinance may be difficult. If the Post Office
property is owned by the federal government, the local regulations may be preempted
by the Telecommunications Act.
The guiding principles set forth in the GSA procedures may provide an
opportunity to engage in a dialog or negotiation with the Post Office in an effort to
convince it to site the tower in accordance with "local laws and regulations."
CITY OF PRIOR LAKE
16200 EAGLE CREEK AVENUE SE, PRIOR LAKE, MN 55372
Date: March 11. 1997
Number of pages including cover sheet: 4
Phone:
Fax hone:
Suesan L. Pace
Cam bell Knutson Scott & Fuchs
1 380 Cor orate Center Curve
Suite #31 7
Ea an MN 55121
452-5000
452.5550-
From:
ane Kansler
To:
CI of Prior Lake
16200 Ea Ie Creek Avenue SE
Prior Lake MN 55372
447-4230
447-4245
CC:
REMARKS:
o Urgent
181 For your review 0 Reply ASAP
o Please comment
Suesan:
Attached is the information we received from UniSite, the contractor for the US Postal SelVice. Please let
me know if you have any questions.
UN /.SITE
February 28, 1997
Ms. Jean Kansier
Planning Coordinator
City of Pryor Lake
16200 Eagle Creek Avenue
Pryor Lake, MN 55372
\~~l ~
11991
i 1.)11
\ I /
~f
Re: United States Post Office at 16535 Anna Trail
Dear Ms. Kansier:
Thank you for taking the time to speak with me regarding the U. S. Postal
Service's planned antenna monopole project at the referenced post office. As
promised, I have enclosed a copy of the proposed site plan for the project. The
monopole will be the property of the U. S. Postal Service and UniSite will manage the
site under contract with the Postal Service.
The monopole under consideration for the project would be approximately 150
feet in height and will provide wireless services for the U. S. Postal Service's new
Track and Trace System. Many municipalities have suggested that the Postal Service
make their site available to commercial wireless operators in the community. They
believe that by engaging in "site sharing" on the monopole, Postal Service sites will
significantly reduce the number of antenna siting requests by wireless operators and,
ultimately, the number of new towers in their community. The Post Office has adapted
a site sharing policy and the site will be made available to commercial wireless
operators.
The post office facility is located on federal property and therefore is not subject
to municipal ordinances. However, in keeping with the U. S. Postal Service's policy
of community cooperation, UniSite will be actively consulting with the city and we
solicit any suggestions you may have regarding the project.
If you have any questions about the project, please feel free to contact me at
(972) 348-7752. And thanks again for your time today.
Very truly yours,
~wJJ~~
Paul F. Gibson
Vice President
Enclosures
cc: William Loewenthal, U. S. Postal Service
1601 N. Glenville, Suite 100 Richardson, TX 75081 972-348-7600 FAX 972-669-2500 1-800-UNISITE
UN15ITf
ih'; MAR 261997
March 24, 199~ i\\
,w U
I
Ms. Jean Kansier
Planning Coordinator
City of Pryor Lake
16200 Eagle Creek Avenue
Pryor Lake, MN 55372
Re: United States Post Office at 16535 Anna Trail
Dear Ms. Kansier:
We have enclosed the revised Preliminary Site Masterplan you requested in our
last conversation. You will note the discrepancy from the original draft has been
corrected. We are anxious to move forward with this project and we will be in touch
shortly to discuss a commencement date for construction.
Thank you for your continued assistance.
Very truly yours,
~~&L
Paul F. Gibson
Vice President
Enclosures
cc: William Loewenthal, U. S. Postal Service
1601 N. Glenville, Suite 100 Richardson, TX 75081
972-348-7600 FAX 972-669-2500 1-800-UNISITE .
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