HomeMy WebLinkAbout99-066 Antenna R-O-W CUP
MORATORIUM RESOLUTION
WHEREAS, the Prior Lake City Council has adopted Section 1110 of the Prior Lake
City Code regulating Communication Towers and Antennas in order to
protect the public health, safety and general welfare of the community;
and
WHEREAS, Section 1110.503 allows the City Council to permit the height of a
communication tower or antenna to exceed the maximum permitted
height subject to approval of a conditional use permit if the applicant can
demonstrate that, by a combination of antenna design, positioning the
structure and/or by screening, the off-site views of the antenna from
adjacent properties are minimized; and
WHEREAS, Section 1110.600 (4) states upon approval of a conditional use permit by
the City Council, a tower's setback may be reduced or its location in
relation to a public street varied to allow integration of a tower into an
existing structure such as a church steeple, light pole, power line support
device or similar structure.
STAFF REPORTS
AND
MINUTES
MEETING DATE:
AGENDA #:
PREPARED BY:
REVIEWED BY:
AGENDA ITEM:
DISCUSSION:
CITY COUNCIL AGENDA REPORT
NOVEMBER 1, 1999
9A
JENNITOVAR,PLANNER
DON RYE, PLANNING DIRECTOR
CONSIDER APPROVAL OF RESOLUTION 99-XX
APPROVING THE CONDITIONAL USE PERMIT FOR A
COMMUNICATION TOWER LOCATED WITHIN THE CSAH
42 RIGHT-OF-WAY
Historv:
US West has applied for a Conditional Use Permit to allow a
communication tower within the right-of-way of CSAH 42 at the
northeast intersection of CR 21. The property is zoned A
(Agricultural). The County is seeking approval from the City prior to
issuing any permits to the applicant.
The subject site consists of approximately 286 square feet within the
C.R. 42 right-of-way. The proposed monopole height is 81 feet and it
is located approximately 49 feet from the centerline of the traveled
roadway. There is a proposed utility box located on the ground, within
the right-of-way. The box is located within the leased tract and is 3Y2
feet high, approximately 4 feet by 4 feet square.
CurrentCucumsmnces:
On October 11, 1999, the Planning Commission held a public hearing
and recommended the City Council approve the Conditional Use
Permit with conditions. A copy of the draft minutes of the meeting is
attached to this report.
The Issues:
The proposed Conditional Use Permit should be reviewed in
accordance with the criteria found in Section 1108 of the City Code
and Section 1110. Section 1110 is the Communications Tower
ordinance. The criteria are discussed on the following pages.
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16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
'.
City Code 1110.500 Height Restrictions allows for a maximum
height of 112.5 feet and that no tower be in excess height equal to the
distance from the base of the antenna to the nearest overhead electrical
power line. The proposed pole height of 81 feet meets this.
City Code 1110.600 Setbacks allows for a tower's setback to be
reduced or its location in relation to a public street varied to allow the
integration of a tower into an existing or proposed structure such as a
church steeple, power line support device, or similar structure upon
approval of a Conditional Use Permit.
City Code 1110.1200 Co-location requires the applicant for a tower
permit to provide documentation related to co-location. Attached is a
letter dated October 7, 1999 from US West related to co-location.
Basically, the applicant states there are no other possible structures
within their search ring. The tower located on the Jeffer's property to
the west is insufficient structurally to support US West's equipment.
Section 1108.200 of the City Code sets forth the criteria for approval
of a CUP. These criteria and the staff analysis of compliance with
these criteria are set forth below;
1. The use is consistent with and supportive of the goals and
policies of the Comprehensive Plan.
The proposed use preserves the objectives of the existing ordinances.
The Comprehensive Plan designates the adjacent property as C-BO
(Commercial Business Office Park) and R-HD (Residential High
Density). The proposed use is consistent with an objective to
"maintain orderly development of and access to utilities."
2. The use will not be detrimental to the health, safety, morals
and general welfare of the community as a whole.
The proposed communication tower will not be detrimental to health,
safety, morals and general welfare ofthe community as a whole.
3. The use is consistent with the intent and purpose of the Zoning
Ordinance and the Use District in which the Conditional Use is
located.
The proposed communication tower use is consistent with the A
(Agricultural) zoning district. The proposed setback requires a
conditional use permit in this zoning district.
f: \dept\planning\99fi1es\99cup\99-066\99-066cc.doc Page 2
, .
'.
4. The use will not have undue adverse impacts on governmental
facilities, services, or improvements which are either existing
or proposed.
The proposed use will not have undue adverse impacts on
governmental facilities, services, or improvements. The roadway is
within the fall zone of the tower and would be temporarily blocked if
the tower should fall to the south.
5. The use will not have undue adverse impacts on the use and
enjoyment of properties in close proximity to the conditional
use.
The proposed monopole will not have undue adverse impacts on the
use and enjoyment of properties in close proximity. The pole is
similar to other structures within the right-of-way such as power poles.
The pole is located approximately 375 feet from the nearest house.
The owner of the property, Don Johnston, objects to the pole being
located in the right-of-way in front of his house. The Planning
Commission empathized with the property owner, but recognized the
pole to be within the right-of-way where other utility poles exist and
where the proposed use is appropriate. If the pole were to fall to the
north, the county has a 50 foot wide unobstructed utility easement to
minimize the impact on private property.
6. The use is subject to the design and other requirements of site
and landscape plans prepared by or under the direction of a
professional landscape architect, or civil engineer registered in
the State of Minnesota, approved by the City Council and
incorporated as part of the conditions imposed on the use by
the City Council.
The landscape ordinance does not apply to this, as it is located within
the right-of-way. From a maintenance point of view, additional
landscaping is not desired within the right-of-way and this utility
service must be treated the same as others such as the telephone
company or electrical company where utility boxes are not required to
be screened.
7. The use is subject to drainage and utility plans prepared by a
professional civil engineer registered in the State of Minnesota
which illustrate locations of city water, city sewer, fire
hydrants, manholes, power, telephone and cable lines, natural
gas mains, and other service facilities. The plans shall be
included as part of the conditions set forth in the Conditional
Use Permit approved by the City Council.
f:\dept\planning\99fi1es\99cup\99-066\99-066cc.doc Page 3
FISCAL IMPACT:
ALTERNATIVES:
Plans prepared by a registered civil engineer have been submitted.
They will be reviewed as a part of the building permit application.
The engineering staffhas reviewed the plans submitted.
8. The use is subject to such other additional conditions which the
City Council may find necessary to protect the general welfare,
public safety and neighborhood character. Such additional
conditions may be imposed in those situations where the other
dimensional standards, performance standards, conditions or
requirements in this Ordinance are insufficient to achieve the
objectives contained in subsection 1108.202. In these
circumstances, the City Council may impose restrictions and
conditions on the Conditional Use Permit which are more
stringent than those set forth in the Ordinance and which are
consistent with the general conditions above. The additional
conditions shall be set forth in the Conditional Use Permit
approved by the City Council.
According to Brian Sorenson, Scott County Transportation Engineer,
the proposed pole location meets the county's clear zone requirements
and will more than likely not be located within any future CR 21 right-
of-way. The right-of-way and design for the extension ofCR 21 has
yet to be completed, but the pole is clearly located within the CSAH
42 right -of-way. No additional conditions are recommended for the
proposed use other than those listed below.
Conclusion: The Planning Commission concurred with staff and
concluded the proposed tower is consistent with the Conditional Use
Permit criteria and Communication Tower Ordinance. The Planning
Commission felt the use is consistent with other utility poles in the
area and is a reasonable use within the right-of-way and the co-
location requirement has been met. The Planning Commission
recommends approval ofthis request with the following conditions:
1. The utility equipment box must be located as far from the curb as
possible, but within the right-of-way and leased tract.
2. A building permit is required.
3. A County permit is required. Provide the City with a copy of the
County permit prior to commencing construction.
Budget Impact: The construction of the towers will have no fiscal
impact on the City.
The City Council has three alternatives:
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RECOMMENDED
MOTION:
REVIEWED BY:
1. Adopt Resolution #99-XX approving the Conditional Use Permit
for US West subject to the listed conditions.
2. Deny the Conditional Use Permit on the basis they are inconsistent
with the purpose and intent of the Zoning Ordinance and/or the
Comprehensive Plan. In this case, the Council should direct the
staff to prepare a resolution with findings of fact for the denial of
these requests.
3. Defer consideration of this item for specific reasons.
Staff recommends alternative #1.
1. A motion and second to approve Resolution 99-XX approving the
Conditional Use P, it, subject to the listed conditions.
Frank
f:\dept\planning\99files\99cup\99-066\99-066cc.doc Page 5
CONDITIONAL USE PERMIT
RESOLUTION 99-XX
APPROVING A CONDITIONAL USE PERMIT TO ALLOW A COMMUNICATIONS
TOWER WITHIN THE CSAH 42 RIGHT-OF-WAY FOR US WEST, INC.
MOTION BY: SECOND BY:
WHEREAS, the Prior Lake Planning Commission conducted a public hearing on October
11, 1999, to consider an application from US West Inc. for a Conditional Use
Permit (CUP) for an 81 foot tall communications tower and the City Council
heard the case on November 1, 1999; and
WHEREAS, notice of the public hearing on said CUP has been duly published In
accordance with the applicable Prior Lake Ordinances; and
WHEREAS, the Planning Commission proceeded to hear all persons interested in this
issue and persons interested were afforded the opportunity to present their
views and objections related to the CUP for US West; and
WHEREAS, the Planning Commission and City Council find the CUP for a
Communication Tower located within the CSAH 42 right-of-way for US
West in harmony with existing development in the area surrounding the
project; and
WHEREAS, the Planning Commission and City Council find the proposed CUP is
compatible with the stated purposes and intent of the Zoning Ordinance as
they relate to conditionally permitted uses, and further, that the proposed
CUP meets the criteria for approval of CUP as contained in Section 1108 and
Section 1110 Communication Towers of the Zoning Ordinance.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE:
that it hereby adopts the following findings:
FINDINGS
1. The use is consistent with and supportive of the goals and policies of the
Comprehensive Plan.
2. The use will not be detrimental to the health, safety, morals and general welfare of the
community as a whole.
f: \dept\planning\99fi1es\99cup\99-066\cuprscc.doc Page 1
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
3. The use is consistent with the intent and purpose of the Zoning Ordinance and the Use
District in which the Conditional Use is located.
4. The use will not have undue adverse impacts on governmental facilities, services, or
improvements which are either existing or proposed.
5. The use will not have undue adverse impacts on the use and enjoyment of properties in
close proximity to the conditional use.
6. The use is compatible with the general welfare, public safety and neighborhood
character.
BE IJ' FURTHER RESOLVED, THE CITY COUNCIL OF THE CITY OF PRIOR LAKE
approves the CUP for US West, Inc on the property legally described as follows:
That part of the Southeast Quarter of Section 22, Township 115 North, Range 22 West of the Fifth
Principal Meridian, described as follows:
Commencing at the southeast corner of said Section 22, thence South 89 degrees 10 minutes 17
seconds West along the south line of said Section 22, a distance of 59.46 feet; thence North 00
degrees 49 minutes 43 seconds West a distance of 61.83 feet to the point of beginning of the land
to be described; thence South 89 degrees 10 minutes 17 second West a distance of 21.83 feet;
thence North 00 degrees 49 minutes 43 seconds West a distance of 13.17 feet; thence North 89
degrees 10 minutes 17 seconds East a distance of 21.83 feet; thence South 00 degrees 49
minutes 43 seconds East a distance of 13.17 feet to said point of beginning.
BE IT FURTHER RESOLVED, approval of the CUP, as shown in Exhibit A and on Sheet Z-3,
is subject to the following conditions:
1. The utility equipment box must be located as far from the curb as possible, but
within the right-ol-way and leased tract.
2. A building permit is required.
3. A County permit is required. Provide the City with a copy of the County
permit prior to commencing construction.
CONCLUSION
Based upon the Findings set forth above, the City Council hereby grants a Conditional Use
Permit for US West. The contents of Planning Case File #99-066 are hereby entered into and
made a part of the public record and the record of the decision for this case.
Passed and adopted this 1st day of November, 1999.
f:\dept\planning\99files\99cup\99-066\cuprscc.doc
Page 2
Mader
Kedrowski
Petersen
Schenck
Wuellner
{Seal}
f:\dept\planning\99files\99cup\99-066\cuprscc.doc
YES
Mader
Kedrowski
Petersen
Schenck
Wuellner
NO
City Manager,
City of Prior Lake
Page 3
EXHIBIT A
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Not for disclosure outside ofU S WEST Wireless, L.L.C.
Do not distribute or reproduce without pennission from U S WEST Wireless, L.L.C.
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USWEST Wireless L.L.C.
US West Wireless L.L.C.
426 North Fairview Avenue
St. Paul, MN 55104
FAX: 651-642-6942
October 7, 1999
Jane A. Kansier
Planning Coordinator
City of Prior Lake
16200 Eagle Creek Ave. SE.
Prior Lake, MN 55372
Re: MIN294 Monopole in Right of Way near Intersection ofHwy 21& Hwy 42
Prior Lake Planning Commission:
US WEST Wireless is proposing to build a communications pole in the right of way near the intersection ofHwy
21& Hwy 42. This letter is intended to address your concerns as defined in the Prior Lake zoning code section
1110.1200.
The coverage area includes Highway 42 and Highway 21, as well as the surrounding commerc::ial and residential
area within 1.5 miles. The area is in a valley where the elevation varies between roughly 870 feet and 970 feet
AMSL. US WEST Wireless does not currently provide service in this area.
The proposed pole is located near the intersection of Hwy 21 & Hwy 42 at a ground elevation of 869 feet AMSL
and a height of 81 feet. This places the antennas at about 950 feet AMSL. A drive test confirmed that mounting
our antennas at this elevation in the proposed location would meet our coverage objectives.
Since the tower height is more than 80 feet tall, Prior Lake's zoning code section 1110.1200 part 1 requires us to
consider collocation options within 1/2 mile of the proposed pole. The only structure that may be capable of
meeting our RF objectives is an 80 foot guyed tower near the dog pound. Unfortunately, the tower's owner
passed away and his estate is in abatement. Since it is unlikely that the tower could support the weight of our
antennas and cables, and the future of the tower is in question,we chose to pursue a monopole in the right of way.
In.accordance with Prior Lake's zoning code section 1110.1200 part 3 the proposed pole would be built to
accommodate comparable antennas for at least 1 additional user.
Respectfully,
~/~~
Scott G. Schecklman
RF Engineer
I hereby certify that this plan, specification or report was prepared by me or under my direct supervision and that I
am a duly Registere rofessional Engineer under the laws of the State of Minnesota.
10 Jg /9'1.
Registration No: 15408
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Planning Commission Minutes
October 11, 1999
Stamson:
· Agreed. The ideal situation would be for U.S. West to put it on the light post at the
High School. It would be revenue for the School and it would not be added height to
any pole. However, the proposal is not unreasonable. They are adding 13 feet to an
existing pole, which is probably the shortest pole in the area. It is not in a residential
area. This pole is not going to stand out in the area as being unusual.
V onhof:
· Concurred with Criego. The City would prefer to see less tower
· It would be more consistent to seek out alternatives.
Kuykendall:
· Questioned the Telecommunication Act. Fischer fel
usage in the right-of-way. Fischer also said theY9
not feel a Conditional Use was necessary. The}l;~.,
appease everyone. None of the other utilities go thr
allowed the height.
· Tovar said utilities are permitted in th
on communication towers requiring a
through the amendment process, U.S.
expedite.
· The proposed site is on a
is very specific
ead of going
the CUP process and
Cramer:
Questioned who had
discussion on utilif
or local government. A brief
Rye read the ordinance.
ECOND BY CRAMER, RECOMMENDING CITY
ONAL USE PERMIT WITH STAFF'S THREE
Kuykendall, Cramer, Criego, Stamson. Nay by Vonhof.
will go before the City Council on November 1, 1999.
~
-7
B. Case #99-066 U.S. West Wireless Communications is requesting a
conditional use permit for the construction of a free standing monopole
communication tower located in the right-of-way.
Planner Jenni Tovar presented the Planning Report dated October 11, 1999, on file in the
office of the City Planner.
1:\99fi1es\99plcomm\pcmin\nml01199.doc
5
Planning Commission Minutes
October II, 1999
The applicant is proposing to construct a freestanding 8 I-foot tall monopole within the
County right-of-way. This property is zoned A (Agricultural) and SD (Shoreland
District). Section 1110.600 of the City Code requires a Conditional Use Permit for
towers not meeting required setbacks with respect to public roads. Section 1110.500
allows for the pole height not to exceed 112.5 feet.
Staff recommended continuation of this matter to allow the applicant time
required documentation relating to co-location as required by Section 1
Comments from the public:
Questions from the Commis i ers:
Cramer questioned Joln],s
Johnston said U.S. w:.;~',l' .
t poles across County Road 42.
Criego asked to see John:r .
paid the uti,~i~'~~mp~es to\
construction:I'iTnea '.; ,inted 0
p. Johnston stated to avoid more poles he
e electric lines following the County Road 42
.(,jhtersection of County Roads 42 and 21 are going
Cramer qu r on the existing U.S. West pole on County Road 21 and why
that site was ,9"" ered. Fischer said there would be more space on County Road 42
for the equipmeJ;1.1~i?The pole is on private property. Tovar explained the County has
tower and setba6\: requirements. There is a larger right-of-way along County Road 42.
Cramer said he failed to see the point. He is not opposed to the pole, but opposed to the
fact there is an existing central location on U.S. West property. Adding another utility
box would be okay.
Kuykendall questioned the site criteria. Fischer said there were several, topography,
amount of signal and results from dry tests. Kuykendall also expressed concern for
1:\99files\99plcomm\pcmin\mn101199,doc
6
Planning Commission Minutes
October 1/, 1999
impact on the public and traffic safety. Fischer responded they took all of those issues
into consideration.
Fischer apologized to the Johnstons for the U.S. West's oversight in using Johnston's
private property.
The public hearing was closed.
Comments from the Commissioners:
Kuykendall:
· Asked Fischer at a later time, to identify the actual cost$ .
process.
· Emphasize with the property owner but sees no 0
in the public right-of-way. The Telecommunic".
location a few feet will not make any difference.
· Support the recommendation.
. This is the 0 site
ceo Shifting the
t towe an RI District is
the community. U.S.
land or pay for land.
.
eady has a large utility box. It has
o t e y the High School. U.S. West might have
the County, but they are getting the benefit because
.S. West already owns the property and does not
V onhof:
· Questione County setbacks from the roadway. Tovar said she did not know
the County' (finance. Rye responded there are design considerations. They are
required to establish a safety zone along side the travel roadway. There are criteria
for that based on the design standards.
· Agreed with Criego and Cramer that there appear to be alternative locations.
Stamson:
· In reviewing the ordinance it appears the intent was to co-locate the poles. The site
meets all the applicable zoning regulation. It is the County's preferred location.
There is no alternative existing tower.
I:\99files\99plcomm\pcmin\mn 101 199.doc
7
Planning Commission Minutes
October II, 1999
· It is not ideal to have a pole in front of a home. It is a disadvantage living on a
County Road.
· The intent of a right-of-way is for utilities. That is what the Communication Act is
about, it is a utility like anything else.
1:\99fi1es\99plcomm\pcmin\mn I 01199.doc
8
. '
Planning Commission Minutes
October 11, 1999
Open Discussion:
Cramer:
. Main opposition is there are existing U.S. West poles with major utility box.
. If the utility companies do not share poles, there would be a separate set of poles for
every utility. Combine the utilities and poles and use the existing structures.
Cramer: ".
.'. 'h' \~.;
. This group is to take ~ll?t1i(f;iii;/;. ation an i;ome up with a level of common sense.
. There are other 10ca.~~phS for thef~ole. There;t. .. esident with the possibility of
having an 81 foo . i'wer in his ')nt yard. If" as just the box, would not obj ect.
But this is a to~ e . e right-of-way up and down County
Road 42.
. Object to
experts. If they
o alternative, the
Stamson:
. There is not enough space in the existing easement to site the fa .
surrounding property is in abatement which makes it difficul
ordinance requires they attempt to negotiate, not that they ha
Cramer:
. Before approving, would like to see something th
alternative area.
Kuykendall:
. Should not be second guessing profes .
say they studied the area and did a 33
Commissioners have no choice. Work.
.
Stev
Fairvie
included:
. Thi County Road, with approval by the County for this site.
. It is In the right-of-way.
. The adjacent property is zoned that U.S. West could have a tower up to 113
feet. They are proposing a much lower tower.
. There is an existing high tension distribution line on the north side of the
right-of-way. It is the proper area for their structure.
. U.S. West is using the State Statutes as guidelines.
. It is good business sense for the community.
. U.S. West did not whimsically pick this location. This matter was studied.
all:
sted someone;.". U.S. West to clarify and convince the Commissioners this is
location. ;~~
i\:t",
gold, the..~~ional Real Estate Manager for U.S. West Wireless, 426 North
Pau!,;te~ponded to the Commissioners' concerns. His main points
.
1:\99fi1es\99plcomm\pcmin\mnl01199.doc
9
, '
Planning Commission Minutes
October 11. 1999
. It is at a busy intersection. Not a residential area.
Scott Shuckelman, engineer with U.S. West, explained why this area was selected as the
best site.
MOTION BY KUYKENDALL, SECOND BY STAMSON, TO ADOPT THE
CONDITIONAL USE PERMIT WITH THE SPECIFIC CONDITIONS L
STAFF IN THE PLANNING REPORT.
,';fi' posed amendme' .~ the language previously reviewed by the Planning
.. .on. Followingll~#l' Council's directive, the staff discussed the proposed criteria
The staff ... ~'l'Unable to formulate any additional criteria.
endment at a public hearing on
roval of t rdinance. The City Council also
· e Council was concerned the criteria
no s enough and would result in inconsistent
ack to the staffto determine if more specific criteria
Vote taken indicated ayes by Kuykendall, Stamson and V onhof.
Cramer. MOTION CARRIED.
This item will go before the City Council on November
Kuykendall suggested U.S. West document the ex.~>
It is a hidden cost to the public and exceeds cost the pu
C. Case File #99-079 Amendment to
requirements for residential driveway"
Planner Jenni Tovar presented the Planning
office of the City Planner.
The Planning Commiss.
August 9, 1999, and
reviewed the ordin
established by this ordin
decisions, an.~tx. the is
could beJ4~vel
"i\0t
s issue was brought back with the Duluth Avenue street project.
There were no 2bmments from the public.
Comments from the Commissioners:
Stamson:
· Comfortable with the wording. It is consistent with other areas of the ordinance.
. Support.
1:\99fiIes\99plcomm\pcmin\nml01199.doc
10
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SCOTT COUNTY
PUBLIC WORKS AND LANDS DIVISION
HIGHWAY DEPARTMENT
600 COUNTRY TRAIL EAST
JORDAN, MN 55352-9339
(612) 496-8346
BRADLEY J. LARSON
ASSOCIATE ADMINISTRATOR
October 22, 1999
Mr. Don Rye
Prior Lake PlanfiingUirector
Prior Lake City H~i
16200 Eagle Creek Avenue
Prior Lake, MN 55372
Subject.:
U."8. West Monopole Tower Proposal
Deaf Don:
o f~ --
D rn (S rn 0 \Ill@: fG1'
IJ:T 261999 \~
,~
This is to clarify Scott County Highway Department's involvement and position on the U.S.
West proposal to locate a monopole within County Highway right-of-way along CSAH 42. We
were approached by representatives of U.S. West concerning placement of the monopole in the
CSAH 42 right-of-way immediately west of the CSAH 21 intersection a couple of months ago.
This location was the only location presented. Our comments were that they would need to
contact Prior Lake and get approval based on your ordinances and requirements before we could
take action on an Utility Permit to install the monopole in our right-of-way. We stated that our
main requirement, in addition to any that the City might impose, would be that the pole be
located beyond the safety "Clear Zone" of CSAH 42 traffic.
As to other locations to locate this monopole, none were discussed other than this proposed one.
From our positions, as long as the placement of the monopole is outside the safety "Clear Zone"
and does not interfere with other utilities or highway operations, the actual location along
CSAH 42 or other highways is not an issue.
Please feel free to contact me if you have any questions.
Sincerely,
Bradley J. Larson, P .E.
Director of Public W orkslHighway Engineer
BJL/jkf
E-mail:Barb Marschall, Scott County Commissioner
Jack Witt, Utility Inspector
C: Don and Terry Johnston, 3960 NW 140th St., Prior Lake
An Equal Opportunity/Safety Aware Employer
---"".. ~--:--
ir:;:~O::1I Meeting M/:ute
.f \November 1, 1999
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doesn't that create the possibility of inconsistency. Suggested providing a minimum setback (Le. not
less than) rather than leaving the decision to the discretion of the staff member.
KANSIER: Noted that staff felt this was an adequate approach given that townhouse and cluster
developments are subject to stricter guidelines through the preliminary plat process. Is comfortable
with this language because being so specific could not possibly apply to every circumstance. For
example, in the case of the Glynwater development, the design was to eliminate curb cuts and change
the aesthetics of the development by not viewing only big garages from the street.
VOTE: Ayes by Mader, Kedrowski, Petersen, Wuellner and Schenck, the motion carried.
The Council returned to the 7:45 p.m. public hearing (Item 7 A).
Consider Approval of Resolution 99-119 Awarding Bid and Authorizing the Mayor and City
Manager to Execute the City's Standard Contract for the Construction of a Community Park /
Athletic Complex on the Former Busse Properly.
BOYLES: Review the agenda item in connection with the staff report and reviewed the bidding process,
items to be completed, and staff recommendation for the bid award.
MOTION BY KEDROWSKI, SECOND BY SCHENCK TO APPROVE RESOLUTION 99-119
AWARDING BID AND AUTHORIZING MAYOR AND CITY MANAGER TO EXECUTE THE CITY'S
STANDARD CONTRACT FOR THE CONSTRUCTION OF A COMMUNITY PARK / ATHLETIC
COMPLEX ON THE FORMER BUSSE PROPERTY.
HOKENESS: Described the proposed park development on the former Busse property, which would
include four softball/baseball fields and four full-sized soccer fields. Also noted the development of
unique natural barriers including run-off ponding, biofilters and berming. Stated that the staff will
continue to work with nearby property owners to address their concerns as the park development
progresses.
VOTE: Ayes by Mader, Kedrowski, Petersen, Wuellner and Schenck, the motion carried.
The Council took a brief recess.
t1/
~
NEW BUSINESS:
Con$lder Agproval Qf Rfso!utign ~'-XX Approving Conditional Use Permit for a Communication
T~Iot:a'tid within the CSAH 42 Right-of-Way.
TOVAR: Discussed the specific location of the monopole, the monopole design, and the conditions of
the CUP approval as recommended by the Planning Commission and staff.
MADER: Asked if the tower on the Jeffers property that has been determined to be structurally unsound
could be reconstructed.
TOVAR: Referred to an October 7th letter from US West as contained in the staff report which states
that it is unlikely that the tower could support the monopole and that it is unclear how long it will take
before the property title can be cleared up.
4
City Council Meeting Minutes
November 1, 1999
SCHENCK: Asked if there is a fee imposed by the City or the County.
TOVAR: Noted that a building permit is required, but no usage fee is required, similar to other utilities.
MADER: Clarified that the statute allows for charge of a usage fee, but only if the fee is proportionate to
the costs associated with maintaining the right-of-way, and if a similar fee has been charged for other
utilities in the past.
BOYLES: Noted that there is an additional complication because this is a County right-of-way.
SCHENCK: Asked what other cities allow these types of monopoles, and to what extent.
Dan FISCHER (representing US West, the applicant): Noted that this application is relatively new to US
West. US West believes this use is consistent with other utilities. The Telecommunications Act does
allow users within the right-of-way. It is even a more consistent use placing the pole in the right-of-way
than locating it in the middle of a field. In utilizing the application, US West is attempting to keep the
design as unobtrusive as possible. Also noted US West's willingness to work with staff as the
ordinance is reviewed for possible revisions in order to maintain specific criteria for allowing the use in
the future.
MADER: Read from the statute which allows cities to regulate the use of multiple and competing
facilities within public rights-of-way. Understood that to mean there was some latitude for the City to
regulate the use.
PACE: Clarified that a permitting process which was different from that presently required by the
ordinance, although discussed with the US West representatives, was not something staff would or
could commit to, nor did staff imply implement any administrative process whereby these uses would
not come before the Council for consideration. Advised that it is in the Council's best interest to put
policies in place to manage such uses, even though it cannot specifically prohibit them.
SCHENCK: Asked the US West engineer why there is an advantage to putting the monopole in a ditch,
and if the southwest side of CSAH 42 would work.
SCOTT SCHECKLMAN (US West Radio Frequency Engineer): By putting the monopole in the lowest
spot, the signal reaches where it is weakest (Le. fills up the hole). There is no reason from an RF
perspective that the Jeffers location wouldn't work. US West chose to remain consistent with the other
line of poles in the area and locate the tower at the proposed location.
WUELLNER: Asked about the average distance between poles, and if the tower on the Jeffers property
is structurally unsound. Also asked about the life of this type of technology.
SCOTT SCHECKLMAN: Approximately 1 to 1.5 miles in a suburban area, and slightly farther apart in rural
areas. Also noted upon the structural engineers review of the site, it is unlikely, based upon the size of
the tower, that it could support the monopole. The advantage of radio frequency is that it is much more
reliable and faster than satellite signals. The estimate is that this technology will continue to increase
for the next 10-15 years.
PETERSEN: Concerned about the unsightliness of numerous monopoles. Also noted that to locate the
pole in a ditch has the potential to damage the equipment if vehicles would end up in the ditch during
bad weather.
5
City Council Meeting Minutes
November 1,1999
SCHECKLMAN: Described the strategies to camouflages the antennas as much as possible.
DAVE FISCHER: Discussed the alternative locations researched and why the proposed site was chosen,
including the lack of overhead power lines, space available for the pole, and no need for additional
easements from adjoining property owners.
MADER: Asked if communications companies share poles, and if it would be reasonable for US West to
rebuild the tower on the Jeffers property and combine uses so that there would only be one tower in
the area.
FISCHER: US West has joint use agreements with other power companies. In this case, there was not a
current power company to share a pole with at this location due to the number of wires. Also, with the
Jeffers property in abatement, it is not clear how long until US West could enter into a ground lease
agreement, and what the future of that particular property would be. US West is trying to provide
service as soon as possible.
Mayor MADER asked for public comment.
DONALD JOHNSTON (4960 - 140th Street N.W.): Read a brief statement in opposition to the proposed
monopole tower due to (1) degradation of the aesthetic value of their property and diminution of their
property value; (2) it would open up the management of a whole new use for wireless companies
causing major disruption of the status quo; (3) the site is inadequate in size and easement access; and
(4) the use is contrary to the intent of the statute, which will be revisited in the next legislative session.
Commented that Prior Lake could become an antenna park. Requested Council action denying the
CUP, a 6-month moratorium, or specific restrictions upon approval as to camouflaging the pole to
preserve the aesthetic value of the surrounding residential properties and providing compensation for
diminution in property value.
KEDROWSKI: Does not support the proposal. Believes an action approving the use would open a much
larger issue for the City and set an unfavorable precedent for the community. Concurred that the
ordinance does need to be revisited in order to address these issues.
MADER: Commented that a number of issues have been raised and that there may be possible
alternatives available. Does not support the proposal at this time.
MOTION BY MADER, SECOND BY WUELLNER TO DEFER ACTION ON THIS ITEM TO A
SUBCOMMITTEE FOR FURTHER CONSIDERATION OF THE ISSUES OF THIS USE AS WELL AS
POSSIBLE ORDINANCE AMENDMENTS.
FISCHER: Requested a decision by the Council be made at this time either in support or denial, so that
US West may consider further action, if necessary.
The Council took a brief recess.
MADER: The City Attorney has advised that the Council has until Jan. 13, 2000 in order to take action
on the Conditional Use Permit.
MADER WITHDREW THE PREVIOUS MOTION, AND COUNCILMEMBER WUELLNER WITHDREW
HIS SECOND.
6
City Council Meeting Minutes
4 November 1,1999
MOTION BY MADER, SECOND BY WUELLNER TO DEFER ACTION ON THIS ISSUE AND TO
DIRECT STAFF TO SCHEDULE A PLANNING COMMISSION AND CITY COUNCIL WORK SESSION
IN ORDER TO MAKE A RECOMMENDATION ON THIS ISSUE AND POSSIBLE ORDINANCE
AMENDMENTS PRIOR TO THE JAN. 13, 2000 DEADLINE.
VOTE: Ayes by Mader, Kedrowski, Petersen, Wuellner, and Schenck, the motion carried.
Consider Approval of Resolution 99-XX Approving the Conditional Use Permit for a
Communication Tower located within the Candy Cove Right-of-Way.
MOTION BY MADER, SECOND BY WUELLNER TO DEFER ACTION ON THIS ISSUE AND TO
DIRECT STAFF TO SCHEDULE A PLANNING COMMISSION AND CITY COUNCIL WORK SESSION
IN ORDER TO MAKE A RECOMMENDATION ON THIS ISSUE PRIOR TO THE JAN. 13, 2000
DEADLINE.
VOTE: Ayes by Mader, Kedrowski, Petersen, Wuellner, and Schenck, the motion carried.
Consider Approval of Resolution 99-120 Initiating the Vacation of a Portion of Red Oaks Road
Adjacent to Lots 27-37, Red Oaks.
BOYLES: Reviewed the agenda item in connection with the staff report, the options available to resolve
the issue, and the recommendation by staff.
MADER: Asked if vacating the roadway eliminates City access for fire and police access.
KANSIER: Noted that the City and remaining property owners must received easements for access from
Ms. Roehr before the vacation would be initiated.
PACE: The easement agreements that would be acquired prior to initiating the vacation would have to
provide access easements for the City emergency vehicles and the remaining properties. The draft
easements before you are shown as a good faith intent by the property owners to proceed in this
fashion.
MOTION BY WUELLNER, SECOND BY PETERSEN TO APPROVE RESOLUTION 99-XX INITIATING
THE VACATION OF A PORTION OF RED OAKS ROAD ADJACENT TO LOTS 27-37, RED OAKS.
VOTE: Ayes by Mader, Kedrowski, Petersen, Wuellner and Schenck, the motion carried.
Consider Approval of Ordinance 99-XX Amending City Code Section 105.300 Relating to the
Salaries of the Mayor and City Councilmembers.
BOYLES: Reviewed the agenda item in connection with the staff report, and noted that even with the
increase, the salaries would remain below the average across the metro area.
MOTION BY MADER, SECOND BY PETERSEN TO APPROVE ORDINANCE 99-XX AMENDING
CITY CODE SECTION 105.300 RELATING TO THE SALARIES OF THE MAYOR AND CITY
COUNCILMEMBERS.
7
I
AGENDA ITEM:
SUBJECT:
APPLICANT:
SITE:
PRESENTER:
PUBLIC HEARING:
DATE:
INTRODUCTION:
PLANNING REPORT
4B
PUBLIC HEARING TO CONSIDER A CONDITIONAL
USE PERMIT TO ALLOW FOR A COMMUNICATION
TOWER WITHIN THE RIGHT-OF-WAY IN THE A
DISTRICT (CASE FILE #99-066)
US WEST WIRELESS
NORTHWEST INTERSECTION OF C.R. 42 AND C.R.
21 RIGHT-OF-WAY
JENNI TOVAE4 PLANNER
---X-YES _NO-N/A
OCTOBER 11, 1999
The applicant is proposing to construct a freestanding 81-foot tall monopole within
county right-of-way. This property is zoned A (Agricultural) and SD (Shoreland
District). Section 111 0.600 of the City Code, J.:equires a Conditional Use Permit for
towers not meeting required setbacks with respect to public roads. Section 1110.500
allows for the pole height not to exceed 112.5 feet.
SITE ANALYSIS:
The subject site consists of approximately 286 square feet within the C.R. 42 right-of-
way. The proposed monopole height is 81 feet and it is located approximately 49 feet
from the centerline of the traveled roadway. There is a proposed utility box located on
the ground, within the right-of-way. The box is located within the leased tract and is 3~
feet high, approximately 4 feet by 4 feet square.
REVIEW PROCESS:
The proposed Conditional Use Permit should be reviewed in accordance with the criteria
found in Section 1108 of the City Code and Section 1110. Section 1110 is the
Communications Tower ordinance. The criteria are discussed on the following pages.
f: \dept\planning\99files\99cup \99-066\99-066pc ,doc 1
16200 Eagle Creek Ave, SE, Prior Lake, Minnesota 55372-1714 / Ph, (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
City Code 1110.500 Height Restrictions allows for a maximum height of 112.5 feet and
that no tower be in excess height equal to the distance from the base of the antenna to the
nearest overhead electrical power line. The proposed pole height of 81 feet meets this.
City Code 1110.600 Setbacks allows for a tower's setback to be reduced or its location
in relation to a public street varied to allow the integration of a tower into an existing or
proposed structure such as a church steeple, power line support device, or similar
structure upon approval of a Conditional Use Permit.
City Code 1110.1200 Co-location requires the applicant for a tower permit to provide
documentation related to co-location. Attached is a letter dated September 2, 1999 from
US West related to co-location. Basically, the applicant states there are no other possible
structures within their search ring. While this may be true, the ordinance requires
analysis from an engineer relating to the search ring and possible locations. Such
analysis must be provided.
CONDITIONAL USE PERMIT ANALYSIS:
Section 1108.200 of the City Code sets forth the criteria for approval of a CUP. These
criteria and the staff analysis of compliance with these criteria are set forth below;
(1) The use is consistent with and supportive of the goals and policies of the
Comprehensive Plan.
The proposed use preserves the objectives of the existing ordinances. The
Comprehensive Plan designates the property as C-BO (Commercial Business
Office Park). The proposed use is consistent with an objective to "maintain
orderly development of and access to utilities."
(2) The use will not be detrimental to the health, safety, morals and general
welfare of the community as a whole.
The proposed communication tower will not be detrimental to health, safety,
morals and general welfare of the community as a whole.
(3) The use is consistent with the intent and purpose of the Zoning Ordinance
and the Use District in which the Conditional Use is located.
The proposed communication tower use is consistent with the A (Agricultural)
zoning district. Proposed setback requires a conditional use permit in this
zoning district.
(4) The use will not have undue adverse impacts on governmental facilities,
services, or improvements which are either existing or proposed.
f: \dept\planning\99files\99cup\99-066\99-066pc.doc
2
The proposed use will not have undue adverse impacts on governmental
facilities, services, or improvements. The roadway is within the fall zone of the
tower and would be temporarily blocked ifthe tower should fall to the south.
(5) The use will not have undue adverse impacts on the use and enjoyment of
properties in close proximity to the conditional use.
The proposed monopole will not have undue adverse impacts on the use and
enjoyment of properties in close proximity. The pole is similar to other
structures within the right-of-way such as power poles.
(6) The use is subject to the design and other requirements of site and
landscape plans prepared by or under the direction of a professional
landscape architect, or civil engineer registered in the State of Minnesota,
approved by the City Council and incorporated as part of the conditions
imposed on the use by the City Council.
The landscape ordinance does not apply to this, as it is located within the right-
of-way. From a maintenance point of view, additional landscaping is not
desired within the right-of-way and this utility service must be treated the same
as others such as the telephone company or electrical company where utility
boxes are not required to be screened.
(7) The use is subject to drainage and utility plans prepared by a professional
civil engineer registered in the State of Minnesota which illustrate locations
of city water, city sewer, fire hydrants, manholes, power, telephone and
cable lines, natural gas mains, and other service facilities. The plans shall
be included as part of the conditions set forth in the Conditional Use Permit
approved by the City Council.
Plans prepared by a registered civil engineer have been submitted. They will be
reviewed as a part of the building permit application. The engineering staff has
reviewed the plans submitted.
(8) The use is subject to such other additional conditions which the City
Council may find necessary to protect the general welfare, public safety
and neighborhood character. Such additional conditions may be imposed
in those situations where the other dimensional standards, performance
standards, conditions or requirements in this Ordinance are insufficient to
achieve the objectives contained in subsection 1108.202. In these
circumstances, the City Council may impose restrictions and conditions on
the Conditional Use Permit which are more stringent than those set forth in
the Ordinance and which are consistent with the general conditions above.
The additional conditions shall be set forth in the Conditional Use Permit
approved by the City Council.
f: \dept\planning\99fi1es\99cup\99-066\99-066pc.doc
3
No additional conditions are recommended for the proposed use other than those
listed below.
CONCLUSION
The proposed use is generally consistent with the standards for conditional uses.
However, the applicant has not provided documentation demonstrating the proposed
antenna cannot be co-located on an existing tower/pole/structure. Prior to making a
recommendation, the Planning Commission should continue the request so that the
applicant can provide the rationale as required by the ordinance. This requires a
submittal from a professional engineer outlining the reasons the antenna cannot be co-
located on an existing structure and a listing of attempts made to co-locate. The
following are recommendations for future approval:
1. The utility equipment box must be located as far from the curb as possible, but
within the right-of-way and leased tract.
2. A building permit is required.
3. A County permit is required. Provide the City with a copy of the County permit
prior to commencing construction.
ALTERNATIVES:
1. Recommend the City Council approve the CUP with specific conditions as presented
or with changes recommended by the Commission.
2. Based upon expressed findings of fact, recommend the City Council deny part or all
of the application based upon consistency of the proposal with specific regulations of
the Zoning Ordinances.
3. Defer action on this request and provide staff or the applicant with specific direction.
RECOMMENDATION:
Staff recommends Alternative #3.
ACTION REQUIRED:
Motion and second continuing the public hearing to October 25, 1999 to allow the
applicant to submit required documentation relating to co-location as required by Section
1110.1200.
f: \dept\p lanning\99files\99cup \99-066\99-066pc.doc
4
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Not for disclosure outside ofU S WEST Wireless, L.L.C.
Do not distribute or reproduce without permission from U S WEST Wireless, L.L.C.
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16200 Eagle Creek Avenue S.E.lPrior Lake, Minnesota 55372-1714 nhone (612) 447-4230, Fax (612) 447-4245
Type of Application: _ Brief description of proposed project (attach additional
.0 Rezoning, from (present zonin~) sheets/narrative if desired)
to (proposed zonin~)
o Amendment to City Code, Compo Plan or City Ordinance ~ ~.
o Subdivision of Land
o Administrative Subdivision
Conditional Use Permit
o Variance
o Other:
Applicable Ordinance Section(s):
Applicant(s):
Address:
Home Phone:
tl~ "ft~ 0\IL~ L.L.~.
y~ FA \ t J\ e....:) Q.u;\.. *' lo i :c:'l:~"j) IlMr\l~O~
IpS( - Ie '-*"Z. ~ \.0 L.~ \ Work Phone: 'a {'Z-~cti ~ ~ 41&Y
v'\+
Property .owner(s) [If different from Ap~licants]:
Address: 00 ~ \ r- . ~
Home Phone: Work Phone: La l 7/ <..1-'1 ~ - .BoCa D
Type of Ownership: Fee _ Contract for Deed _ Purchase Agreement__
Legal Description of Property (Attach a copy if there is not enough space on this sheet):
~.O.W .
To the best of my knowledge the information provided in this application and other material submitted is correct. In
addition, I have rea e relevant sections of the Prior Lake Ordinance and procedural guidelines, and understand that
~ w'ot e roce~d tiI deemed complete by the Planning Director or assignee.
~ ~l- l~~i~
Applicant's Signature Date
Fee Owner's Signature
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
. .<
.
. .
.
U S WEST Wireless. L.L.C.
426 North Fairview, Room 101
St. Paul. MN 55104
file's beffer here' @
~
LI~YEST
August 18, 1999
Jane A. Kansier
Planning Coordinator
City of Prior Lake
16200 Eagle Creek Ave. Se.
Prior Lake, MN 55372
RE: MIN294 - Application for a Conditional Use Permit for Construction of a Monopole
located within Scott County right of way along County Road 42.
Dear Jane,
US West Wireless (USVVVV) submitted a right of way application June 23, 1999 to Scott County.
Scott County drafted a letter July 26, 1999 and recommended that U S West Wireless L.L.C.
receive approval from the City of Prior Lake before issuing US West Wireless L.L.C. a permit. US
West's proposed site meets Scott County's safety standards and clear zone requirements within
county right of ways.
Our proposal is to place a 75' monopole (81' overall height with antennas and 2' lightning rod ).
The adjacent land use to the North is Zoned Agricultural, which allows towers up to 112.5 feet per
the Prior Lake zoning ordinance section 1110.502 paragraph #3. This application is consistent with
the current use along County Rd 42 being that there are several high tension utility poles located
along County Road 42. U S West feels that it makes more sense placing communication poles
within the right of ways as long as it complies within the safety guidelines rather than in a farmable
agricultural field, which would make the pole look out of place. US West feels that this application
should be subject to the statewide rules and regulations of the Public Utilities Commission
governing rights of way per the Minnesota State Statute 237. USWW's application for a tower in
an agricultural zone would be a permitted use with conditions under section 1110.502 paragraph
#3 and would be reviewed under that provision as an administrative review ( permitted use with
conditions). US West Wireless L.L.C. feels that this application should also be an administrative
review with conditions through the Prior Lake Public Works Department.
Pro competition federal and state law require that local regulation of telecommunication services
and facilities not interfere with the deployment and provisioning of telecommunications services
and facilities. US\NVV submits that its application to place telecommunications within the right of
way should be with in the right of way rules and the statewide construction standards per
Minnesota State Statutes 237. The pro-competition Federal Telecommunications Act of 1996 and
the Sate of Minnesota's laws regarding telecommunications right of way, provide that local
authority manage the public right of way must be on a nondiscriminatory and competitively neutral
manner. As long as US West Communications places its pole in accordance with applicable
statewide standards, the application of collateral burdensome zoning regulations is not
appropriate.
USA
~O
pJMJlIIl~l5icott County R.OW. ( Prior Lake CUP Application) 1
36USC380
The conditional use permit process is problematic for a number of reasons. Application of the
setback requirements will unfairly discriminate against wireless providers in favor of wire line
providers, and will also discriminate against USWW in favor of other wireless providers using
competing technologies ( NSP data transmission). Subjecting telecommunications providers such
as US West Communications and U S West Wireless to this type of process creates an undue
administrative and expense burden.
USWW submits that its request is exactly the type of approach that was envisioned when the pro-
competition federal and state telecommunications laws were enacted. Allowing USWW to place
poles in the right of ways will enable it to take advantage of the areas already permitting utilities.
This will keep a more consistent use of the land, which will avoid less clutter to areas other than
the right of ways where there are already existing utility poles.
The use of poles in a grid is crucial to assure proper coverage in the areas served. The increased
pole height is necessary to assure quality of service, because without it USWW will not be able to
place its facilities above the "clutter" (low buildings and trees). Through this approach, USWW will
be able to compete with other local telecommunications providers, which will benefit the consumer
through more competition (more choices and better prices).
In accordance to Minnesota Statutes 237.162 the City of Prior Lakes authority to manage the right-
of ways includes the following:
1. Require a work permit.
2 Register with local governments.
3 Providers will restore the right of way to its prior condition.
4 Providers will pay a fee for reasonable management costs.
The City of Prior Lake can deny this application based on the following :
1) The applicant does not comply with terms of Chapter 237.162.
2) The project endangers public health, safety, or welfare.
3) Jeopardizes current users of right of way.
Further Restriction on denial per the Minnesota state statute 237:
The local governments may not manage the right of way, or impose fees in a manner that
discriminates among telecommunications right of way users ( i.e. imposing a set back
requirement).
Please find enclosed a Planning Administrative Form, for application of a Conditional Use Permit to
be considered an to place a 79' US West Wireless Communications pole in the right of way
located on County Road 42. This request is being made on behalf of US West Wireless L.L.C.
(USWW).
US West Wireless L.L.C. must locate a site in this area in order for USWW to deliver complete
service coverage along County Rd. 42, County road 21, and the surrounding Community of Prior
Lake. The Conditional Use Permit is requested in order to place a new pole in the right of way that
will allow US West to provide Wireless Communication Service to the Prior Lake are surrounding
MIN294- Scott County R.OW. ( Prior Lake CUP Application) 2
'. {
will allow US West to provide Wireless Communication Service to the Prior Lake are surrounding
area. USWW conducted a drive test in this area to identify a need for 79 ' pole at this location.
U S West Wireless believes that any such approval of USWW's right of way permit authorization or
other exercise of zoning authority to place wireless telecommunications in rights of ways would be
consistent with the strict parameters and guidelines that the Minnesota legislature has established
to govern the issuance of right of way use permit authorizations.
We hope this correspondence and enclosures explain our application and address the
requirements by the City of Prior Lake Zoning Ordinance. Should you have any questions
regarding the attached Application for Conditional Use Permit or would like to discuss PCS
technology further, please feel free to contact me at 651-642-6291 or on my PCS phone at: 612-
998-4784. I appreciate the assistance that we have received from you, and we look forward to
working with you to better serve the community in this area.
Thank you in advance for your consideration.
S....incer.ely,~.. ....
~ -(\ '. :
'\J~ . "
David W. Fischer
US West Wireless L.L.C.
Real Estate Consultant
Enclosure
cc Steve Mangold, US West Wireless L.L.C. Minneapoli~ RE Manager
MIN294- Scott County ROW. ( Prior Lake CUP Application) 3
EXHIBIT A
US West Wireless L.L.C. CUP Application
I..~ite..lnformation:
Current Zoning
US West Wireless L.L.C.
David W. Fischer, USWW Consultant
Right of way located on County Road 42 and County Road 21, Prior
Lake, MN 55372
Right of Way
Applicant
Contact
Site Location
I Adja.cent Zoning
Agricultural
I Case History
This site is an application for a telecommunication user( U S West Wireless L.L.C.) in the right of
way ( county road 42) where other utility users currently reside.
I Introduction
US West Wireless L.L.C. - Minneapolis is requesting a Conditional Use Permit in order to p1acean
75' pole in the right-of way (81' overall height with the 2' lightning rod) located on County Road 42
and County road 21. The Conditional Use Permit is being requested as per the City of Prior Lake
Zoning Ordinance and Scott County:
Subject
Conditional Use Permits
PCS Technology
PCS is a wireless telecommunications services personalized to the individual. There is a
growing demand for improved wireless services, and a new infrastructure is needed to meet this
growing demand. The following information is provided as an overview of general PCS services
and technology.
Background
In early 1995, the Federal Communications Commission (FCC) auctioned licenses for the
1900 MHz band of the radio spectrum within the 51 Major Trading Areas (MTAs) of the United
States for use by Personal Communications Services. USWW purchased licenses within these 51
MTAs. These licenses, enable US West Wireless to offer Personal Communications Services in 14
states throughout the country.
What is PCS?
Telephone numbers used in PCS handsets will become tied specifically to an individual,
and the types and features of services that each subscriber desires will be customized to his or
MIN294- Scott County R.OW. ( Prior Lake CUP Application) 4
wants it, and the chosen services (for example stock quotes on selected companies, voice mail,
and caller identification) will become specific to the individual holding that telephone number.
PCS technology will allow a variety of telecommunication services, including:
. Local and long distance telephone services and cable services;
. AII-in-one Wireless Communication Services:
. Portable phones, pagers, and fax transmission;
. Numeric paging on the phone's screen;
. Interactive paging (2-way paging which allows the sender to track where the
message is sent, and when it has been received.)
. Voice mail service;
. Caller ID;
. International roaming capability;
. Reduced power needs (allows smaller units and longer battery life); and
. In the future, PCS will allow computer use and video images over the PCS network.
Assigning a unique PCS telephone number to a customer will allow the individual to place a call
and I or send information across regional, national, and international borders. The network will
do all the work of tracking the customer, knowing where he or she is at all times.
Benefits of PCS over Cellular
PCS has several advantages over existing cellular telephone service, including better
service quality through the use of digital technology, more compact radio equipment,
increased mobility, enhanced service features, and price.
Digital Technology:
PCS utilizes the latest digital technology. This will facilitate cleaner voice
quality, but more importantly, clean data communication. A PCS customer will be
able to communicate through voice and data simultaneously using the same
handset without interference to either activity. In addition, computer users will be
able to run applications and retrieve data faster from remote locations using their
handset. PCS technology also provides less static and fading, and there are
fewer dropped calls.
Improved Security:
Digital technology provides more security than analog, the technology
traditionally used by the cellular industry. Calls in digital format cannot be
overheard with the kind of simple scanners currently used to eavesdrop on
cellular calls. Although it is technically possible to overhear a call, it requires
special gear and technical skill which most eaves droppers lack.
Improved Equipment:
PCS will utilize smaller antennas and smaller base Transceiver Stations,
more advanced telecommunication technology that will result in less expensive
rates to the consumer. In addition, equipment will be more compact both at the
handset and at the antenna sites. Handsets will be lighter than today's cellular flip
phones, and the handsets will utilize longer lasting batteries. Because of the
PCS' assigned radio spectrum, there will be more antennas, but they will likely be
less noticeable than those used by the cellular industry. US West Wireless L.L.C.
MIN294- Scott County R.OW. ( Prior Lake CUP Application) 5
.
,,'
. .
..
has been working diligently to replace existing US West Telecommunication
facilities, lease antenna sites on City water towers, and existing buildings prior to
attempting to lease any sites for new ground built towers.
Increased Mobility:
With PCS, mobility means seamless roaming across existing cellular and
land line service areas. A PCS handset can be taken anywhere and be expected
to function the same as in the coverage area of the original service provider.
One Telephone Number:
With PCS, one Personal Communications Number (PCN) will be assigned
to each individual user. Today, when a person changes their residence, the old
land line telephone number is frequently lost because these numbers are
assigned and based on geographic area. Cellular telephone numbers are also
lost when carriers are switched because cellular service companies are provided
a limited range of numbers, and the numbers have to be recycled or reused. A
PCN associates a telephone number with a person, regardless of where he or
she is located, and regardless of who is the service provider.
Lower Cost for Service:
PCS will be cheaper in the long term because it will utilize digital
technology. Initially, the cost for the service and handsets will be similar to that of
cellular. However, with increased demand, both carriers and manufacturers will
be able to lower their price significantly. Eventually PCS service will be less than
cellular and will be close to the cost of land line telephone service.
Increasing Demand
Today, cellular telephone systems in the US are expanding at the rate of over
28,000 new subscriptions a day, far beyond the growth rate of new subscriptions for wire
line telephone service. The popularity of cellular telephone service is due to the freedom,
mobility, and enhanced productivity that it provides. No longer are people tied to fixed
telephones or pay phones. Yet cellular telephone services is just one step toward
another type of service, one expected to revolutionize telecommunications. The next
rung on the evolutionary ladder is PCS.
Interference Issues
US West Wireless L.L.C. will resolve technical interference problems with other equipment
located at the site on the Commencement Date or any equipment that becomes attached to the
Site at any future date when USWW desires to add additional equipment to the Site
The PCS system operates on a specific set of channels licensed exclusively to USWW by the
Federal Communications Commission for provision of high quality mobile service for the benefit of
the public good. The filtering of spurious signals is very tightly controlled via standard radio
electronic filters. PCS telephones operate within strictly regulated set of allotted frequencies. All
USWW sites must be operated in accordance with our FCC license to provide PCS service to this
area. USWW is currently licensed to operate in markets nation wide with hundreds of antennas.
There has not been any instance of television or radio interference reported.
MIN294- Scott County R.o.w. ( Prior Lake CUP Application) 6
area. USV\NV conducted a drive test in this area to identify a need for 75 I pole (81' overall height
with antennas and lightning rod) at this location.
U S West Wireless believes that any such approval of USV\NV's right of way permit authorization or
other exercise of zoning authority to place wireless telecommunications in rights of ways would be
consistent with the strict parameters and guidelines that the Minnesota legislature has established
to govern the issuance of right of way use permit authorizations.
We hope this correspondence and enclosures explain our application and address the
requirements by the City of Prior Lake Zoning Ordinance. Should you have any questions
regarding the attached Application for Conditional Use Permit or would like to discuss PCS
technology further, please feel free to contact me at 651-642-6291 or on my PCS phone at: 612-
998-4784. I appreciate the assistance that we have received from you, and we look forward to
working with you to better serve the community in this area.
Thank you in advance for your consideration.
~S~~
David W. Fischer
US West Wireless L.L.C.
Real Estate Consultant
Enclosure
cc Steve Mangold, US West Wireless L.L.C. Minneapolis, RE Manager
MIN294- Scott County R.OW. ( Prior Lake CUP Application) 3
/
U S WEST Wireless. L.L.C.
426 North Fairview, Room 101
51. Paul, MN 55104
-'-' ~-' -~"-: ~
LI~WEST
September 2, 1999
fifes beffer here'@
Jane A. Kansier
Planning Coordinator
City of Prior Lake
16200 Eagle Creek Ave. Se.
Prior Lake, MN 55372
RE: MIN294 - Response regarding Prior lake's request for additional information upon
review of US West's application for a Conditional Use Permit to construct an
81' AGl (overall height with antenna and lightning rod) Monopole located within
Scott County right of way County Road 42 and County Road 21.
Dear Jane,
US West Wireless L.L.C. recently submitted a Conditional Use Permit Application for a 81' AGL
(overall height with antennas and lightning rod) monopole structure to be located within Scott
County's Right of Way. This application information is for the Planning Commission meeting
September 27,1999. Upon Prior Lake's receipt and review of US West's Applicat:nn, the following
information was requested: A narrative demonstrating attempts to collocate on existing structures,
why separate and new facilities are necessary and additional submittal requirement listed under
section 1110.1500 of the Prior Lake zoning ordinance (provided separately). I have provided a
brief narrative addressing this request below:
Unfortunately, there are no viable collocation structures located within the search ring issued that
will allow US West Wireless to achieve all of the Radio Frequency Design objectives. The nearest
structure located outside of the Search Ring is the Prior Lake Water Tower. The water tower will
not achieve all of US West's RF Design criteria based on a conflict regarding the proximity to
existing US West facilities and future US West Search Rings surrounding the proposed location.
Separate and new facilities must be located in this area in order for US\NN to deliver complete
service coverage along County Roads. 42,21 and the surrounding Community of Prior Lake. The
Conditional Use Permit is requested in order to place a new pole in the right of way that will allow
US West to provide Wireless Communication Service to the Prior Lake are surrounding area. .
US\NN conducted a drive test in this area to identify a need for 75 I pole (81' overall height with
antennas and lightning rod) at this location. The proposed location is consistent with section
1110.502 paragraph #3 of Prior Lake's zoning ordinance.
USA
''t,O
Proud ~ponsor
MIN2~lftJ!!&S~location Requirement Letter
1
..
U S West Wireless believes that any such approval ofUSWW's right of way permit authorization or
other exercise of zoning authority to place wireless telecommunications in rights of ways would be
consistent with the strict parameters and guidelines that the Minnesota legislature has established
to govern the issuance of right of way use permit authorizations. U S West feels that this
application should be subject to the statewide rules and regulations of the Public Utilities
Commission governing rights of way per the Minnesota State Statute 237.163.
We hope this correspondence and enclosures explain our application and address the
requirements by the City of Prior Lake Zoning Ordinance. Should you have any questions
regarding the information provided above please feel free to contact me at 651-642-6291 or on my
PCS phone at: 612-998-4784. I appreciate the assistance that we have received from you, and we
look forward to working with you to better serve the community in this area.
Respectfully,
V~
David W. Fischer
US West Wireless L.L.C.
Real Estate Consultant
Enclosure
cc Steve Mangold, US West Wireless L.L.C. Minneapolis, RE Manager
MIN294 - Collocation Requirement Letter
2
U S WEST Wireless. L.L.C.
426 North Fairview, Room 101
St. Paul, MN 55104
LI~WEST
Iifes better here' @
September 7, 1999
VIA FACSIMILE AND U.S. MAIL
Jane A. Kansier, AICP
Planning Coordinator
City of Prior Lake
16200 Eagle Creek Avenue SE
Prior Lake, Minnesota 55372-1714
RE: MIN 294
Dear Jane,
Per sections 1110.1500 and 1110.1200 of the Zoning Code, the information
for construction has been submitted with professional stamped drawings. (See
attached drawings).
US West Wireless is regulated by the FCC and is licensed to operate in the
two Gigahertz band. It is a requirement of the license to stay within this
frequency band and not interfere with adjacent licenses. US West Wireless has
done extensive testing to protect public safety radio systems. No known
interference issues exist.
US West has an open policy to shared use of our towers and this tower will
accommodate a second similar antenna structure.
Anthony Segale
Executive Director - Wireless
426 North Fairview Avenue
Room 101
St. Paul, Minnesota 55104
I hereby certify that this plan. specification or r~
was prepared by me or under my direct SupervISion
Ind that I am I duly Registered Professional Enineer
under the IIws tI tile SliIItI MinIle5OtI.
~-~=~r
& AnthIll, J. $I P .L
Oate:~ReaistrJtiolNo: 15408
USA Attachment
(,0
Proud Sponsor
36USC380
Monopole @ 42 & 21
Subject: Monopole @ 42 & 21
Date: Thu, 26 Aug 1999 15:27:59 -0500
From: "Sorenson, Brian" <BSorenson@co.scott.mn.us>
To: '"dwfisch@uswest.com''' <dwfisch@uswest.com>
CC: "Larson, Brad" <blarson@co.scott.mn.us>
In light of the letter from the City (Jenni Tovar) stating that the
Conditional Use Permit (CUP) process has been started, I don't see the need
for the County to send another letter to the City stating that we will
approve your proposal - as we discussed a couple of weeks ago. We will
review the CUP as part of the City's process like we do for all of their
development actions that effect the County highway system. We will list our
own conditions of approval as part of our comments on the CUP.
Just so you're aware, Brad has checked with other counties who have allowed
such a structure in their right-of-way. No additional concerns were raised
by those counties .'80, assl..U[lin9. the City's conditions on the CUP don't ......
conJUgt. wit.h our conditions"'(Le'.";:tff@Citysaysthey' 11 allow it. if it.s :;"
:moved :zO"teet 'closer to CSAH 42), '~fiqatrY'.UrifOf!een"'f'SsUEl~',;l XL,J,t
al'P;t:9Y:~"~'v\fJ:;1:r~)t" pl:!:rlttl't' '(wnich will include deta'iled cbfiditions,:. ii'
the'cort~t:rtf~'1'cfn of"th1~'ntonopOle:$ ~
Thanks for getting us involved so early in the process. This review will
definitely go much smoother now that we are familiar with the proposal.
Please call or email me with any questions.
Brian K. Sorenson, P.E.
Transportation Engineer
Scott County Public Works
600 Country Trail East
Jordan, MN 55352
Direct #: (612) 496-8060
Fax #: (612) 496-8365
Email: bsorenson@co.scott.mn.us
I of 1
9/3/99 II :58 AM
/.--.
!
SUBSECTIONS
1110.100:
1110.200:
1110.300:
1110.400:
1110.500:
1110.600:
1110.700:
1110.800:
1110.900:
1110.1000:
1110.1100:
1110.1200:
1110.1300:
1110.1400:
1110.1500:
1110.1600:
Zoning Code
SECTION 10
COMMUNICA TION TOWERS
Subject To Change
Purpose and Intent
Definitions
Uses Permitted With Conditions
Height Restrictions
Setbacks
Tower in Residential Use Districts
Lighting
Signs and Advertising
Accessory Equipment Shelters
Design Standards
Co-Location Requirements
Abandoned or Unused Tower or Portions of Towers
Permit Required
Additional Submittal Requirements
Antennas Mounted on Roofs, Walls and Existing Towers
1110.100
1110.200
(1)
(2)
SUBJECT To CHANGE. This subsection outlines the regulations for
Communication Towers and Antennas, which, because of their sensitive
nature, are subject to changing regulations. These types of uses are often
regulated by Federal and State laws as well as locate zoning ordinances.
PURPOSE AND INTENT. In order to accommodate the communication
needs of residents and businesses while protecting the public health, safety
and general welfare of the community, the City Council finds these
regulations are necessary to:
Maximize the use of existing and approved towers and buildings to
accommodate new wireless telecommunication antennas in order to reduce the
number of new towers necessary to serve the community.
Ensure antennas and towers are designed, located and constructed in
accordance with all applicable code requirements to avoid potential damage to
adjacent properties from failure of the antenna and tower through structural
standards and setback requirements.
May 1, 1999
City of Prior Lake
1110/pl
1110.300
~
Zoning Code
(3)
Require antennas and tower sites to be secured III order to discourage
trespassing and vandalism; and
(~
(4)
Require tower equipment to be screened from the view of persons located on
properties contiguous to the site and/or to be camouflaged in a manner to
compliment existing structures to minimize adverse visual effects of antennas
and towers.
DEFINITIONS
Antenna. Any structure or device used for the purpose of collecting or
transmitting electromagnetic waves, including but not limited to directional
antennas, such as panels, microwave dishes and satellite dishes, and omni-
directional antennas, such as whip antennas.
Satellite Dish Antenna. A devise incorporating a reflective surface that is
solid, open mesh, or bar configured and is in the shape of a shallow dish,
cone, horn or cornucopia. Such device is used to transmit and/or receive
radio or electromagnetic waves between terrestrially and orbitally based uses.
This definition shall include, but not be limited to, what are commonly
referred to as satellite earth stations, TVROs (television, receive only) and
satellite microwave antennas.
Tower. Any ground or roof mounted pole, spire, structure or combination
thereof taller than 15 feet, including supporting lines, cables, wires, braces,
and masts, intended for the purpose of mounting an antenna, meteorological
device, or similar apparatus above grade.
Tower, Multi-User. A tower to which is attached the antennas of more than
one commercial wireless telecommunication service provider or governmental
entity .
{
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May 1, 1999
City of Prior Lake
1110/p2
Zoning Code
Tower, Single User. A tower to which is attached only the antennas of a
single user, although the tower may be designed to accommodate the antennas
of multiple users as required in this ordinance.
1110.400
USES PERMITTED WITH CONDITIONS. Antennas and towers are Uses
Permitted with Conditions in all Use Districts, unless otherwise noted in this
ordinance. The use is subject to the provisions listed in subsections 1110.500
through 1110.1600 below.
.~,
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1110.500 HEIGHT RESTRICTIONS.
1110.501 Hei~ht Determination. The height of towers shall be determined by
measuring the vertical distance from the tower's point of contact with the
ground or rooftop to the highest point of the tower, including all antennas or
other attachments. When towers are mounted upon other structures, the
combined height of the structure at the tower's point of attachment and tower
must meet the height restriction of this subsection.
1110.502 Maximum Hei2ht. Except as provided subsection 1110.503, maxnnum
heights for towers are as follows:
(1) In all Residential Use Districts, the maximum height of any tower, including
all antennas and other attachments, shall be 45 feet, except that no tower shall
be in excess of a height equal to the distance from the base of the antenna and
tower to the nearest overhead electrical power line which serves more than
one dwelling or place of business, less 5 feet.
(2) In the C-1 (Neighborhood Business) Use District, the maximum height of any
tower, including all antennas and other attachments, shall not exceed 1 foot
for each 4 feet the tower is setback from property located in a Residential Use
District up to a maximum of 52.5 feet, except that no tower shall be in excess
of a height equal to the distance from the base of the antenna and tower to the
nearest overhead electrical power line which serves more than one dwelling or
place of business, less 5 feet.
(3) In the A (Agricultural) Use District and in all other Non-Residential Use
Districts, the maximum height of any tower, including all antennas and other
attachments, shall not exceed 1 foot for each 4 feet the tower is setback from
property located in a Residential Use District up to a maximum of 112.5 feet,
except that no tower shall be in excess of a height equal to the distance from
the base of the antenna and tower to the nearest overhead electrical power line
which serves more than one dwelling or place of business, less 5 feet.
City of Prior Lake
May 1, 1999
1110/p3
Zoning Code
1110.503
Exceptions. The following are exceptions to the maximum height restrictions
for towers:
(~
(1) Multi-Use Towers. Multi-use towers may exceed the height limitations of
this subsection by up to 20 feet.
(2) Amateur Radio Antenna. In accordance with the preemption ruling PRE 1 of
the Federal Communications Commission, towers supporting amateur radio
antennas that comply with all other requirements of this subsection are
exempted from the height limitations of the subsection up to a total height of
70 feet, provided that such height is technically necessary to receive and
broadcast amateur radio signals.
(3) Towers and other antenna devices over 45 feet in height which are attached to
a structure and not freestanding may be located in a Residential Use District
under the following conditions:
a. The towers and antennas are located upon existing or proposed structures
allowed as permitted uses, uses permitted with conditions, and
conditional uses in the underlying Use District and/or upon public
structures; and
C),
: . ~
" .... '
..
b. The towers and antennas are limited to a height of 15 feet projecting
above the structure.
c. Subject to approval of a conditional use permit, the City Council may
permit antenna heights of up to 25 feet above the structure if the
applicant can demonstrate that, by a combination of antenna design,
positioning of the structure and/or by screening erected or already in
place on the structure, off-site views of the antenna from adjacent
properties are minimized.
1110.600 SETBACKS. Towers shall conform with each of the following minimum
setback requirements:
(1) In Non-Residential Use Districts, towers shall meet the principal structure
setbacks of the underlying Use District with the exception of the I-I
(Industrial) Use District, where towers may be located 5 feet from the rear
property line, provided that the rear property line abuts another property in
the I-I Use District, and the tower does not encroach on any utility easements.
{
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City of Prior Lake
May 1, 1999
1110/p4
Zoning Code
(2) In Residential Use Districts, the required setback for an antenna and tower not
rigidly attached to a building shall be equal to the height of the antenna and
tower. Those antennas rigidly attached to a building and whose base is on the
ground, may exceed this required setback by the amount equal to the distance
from the point of attachment to the ground.
(3) Towers shall not be located between a principal structure and a public street,
with the following exceptions:
~ In the I-I (Industrial) Use District, towers may be placed within a
side yard abutting an internal industrial street.
> On sites adjacent to public streets on all sides, towers may be
placed within a side yard abutting a local street.
(4) Upon approval of a Conditional Use Permit by the City Council, a tower's
setback may be reduced or its location in relation to a public street varied to
allow the integration of a tower into an existing or proposed structure such as
a church steeple, light pole, power line support device, or similar structure.
1110.700 TOWER IN RESIDENTIAL USE DISTRICTS. Towers in Residential Use
Districts are subject to the following additional restrictions:
(1) Towers supporting amateur radio antennas and conforming to all applicable
provisions of this Ordinance shall be allowed only in the rear yard of parcels
in Residential Use Districts.
(2) Towers supporting commercial antennas and conforming to all applicable
provisions of this Ordinance shall be allowed only as accessory uses to the
following principal uses in Residential Use Districts:
> Religious Institutions, when camouflaged as steeples or bell towers.
~ Education/Academic uses.
> Public service structures.
(3)
Only 1 tower shall exist at anyone time on any 1 parcel in a Residential Use
District.
1110.800
LIGHTING. Towers shall not be illuminated by artificial means and shall
not display strobe lights unless such lighting is specifically required by the
Federal Aviation Administration or other federal or state authority for a
particular tower. When incorporated into the approved design of the tower
City of Prior Lake
May 1, 1999
1110/p5
Zoning Code
for camouflage purposes, light fixtures used to illuminate parking lots or other
similar areas may be attached to the tower.
c~
1110.900 SIGNS AND ADVERTISING: No sign, advertising or identification of any
kind intended to be visible from the ground or other structure is permitted,
except applicable warning and equipment information signage required by the
manufacturer or by Federal, State or local authorities.
1110.1000 ACCESSORY EQUIPMENT SHELTERS. Equipment shelters are
permitted as an accessory use to an essential service subject to the following
regulations :
(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 surrounding area.
(3)
Equipment shelters must meet the setbacks of the underlying Use District,
except that setbacks between equipment shelters may be varied so long as the
proximity does not create a health safety issue.
0'
:. . - .~
--:-.."... .-
.'
(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 of the Planning Director, the City Engineer and the
Building Official.
1110.1100 DESIGN STANDARDS. Proposed or modified towers and antennas shall
meet the following requirements:
(1) Towers and antennas (including antenna cables) shall be designed to blend
into the surrounding environment to the maximum extent possible through the
use of building materials, colors, texture, screening, landscaping and other
camouflaging architectural treatment, except in instances where the color is
dictated by federal or state authorities.
(j
City of Prior Lake
May 1, 1999
1110/p6
Zoning Code
(2). Commercial wireless telecommunication service towers shall be of a
monopole design. Alternative designs which would better blend into the
surrounding environment may be approved by the City Council through the
Conditional Use Permit process.
1110.1200 CO-LOCATION REQUIREMENT. All personal wireless communication
towers erected, constructed, or located within the City shall comply with the
following requirements:
(1) A proposal for a new commerCial wireless telecommunication service tower
shall not be approved unless the applicant demonstrates that the
telecommunications equipment planned for the proposed tower cannot be
accommodated on an existing or approved tower or building within a 1 mile
search radius for towers over 120 feet in height, or a 1/2 mile radius for
towers between 80 and 120 feet in height, or a 1/4 mile radius for towers less
than 80 feet in height, of the proposed tower due to one or more of the
following reasons:
.
a. The planned equipment would exceed the structural capacity of the
existing or approved tower or building as documented by a qualified and
licensed professional engineer, and the existing tower cannot be
reinforced, modified or replaced to accommodate planned or equivalent
equipment at a reasonable cost.
b. The planned equipment would cause interference materially impacting
the usability of other existing or planned equipment at the tower or
building as documented by a qualified and licensed engineer.
c. Existing or approved towers and buildings within the search radius
cannot accommodate the planned equipment at a height necessary to
function reasonable as documented by a qualified and licensed
professional engineer.
(2) The applicant must demonstrate that a good faith effort to co-locate on
existing towers and structures was made, but an agreement could not be
reached.
(3) Any proposed commercial wireless telecommunication service tower shall be
designed, structurally, electrically, and in all respects to accommodate both
the applicant's antenna and comparable antennas for at least 2 additional users
if the tower is over 100 feet in height, or at least 1 additional user if the tower
is over 60 feet in height. Towers must be designed to allow future
City of Prior Lake
May 1, 1999
1110/p7
Zoning Code
rearrangement of antennas upon the tower and to accept antennas mounted at
varying heights.
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1110.1300 ABANDONED OR UNUSED TOWERS OR PORTIONS OF TOWERS.
Abandoned or unused towers or portions of towers and accompanying
accessory facilities shall be removed as follows:
(1) All abandoned or unused towers and associated facilities shall be removed
within 12 months of the cessation of operations at the site. If the tower is
leased, a copy of the relevant portions of a signed lease which required the
applicant to remove the tower and associated facilities upon cessation of
operations at the site shall be submitted at the time of application. In the
event a tower is not removed within 12 months of the cessation of operations
at the site, the tower and associated facilities may be removed by the City and
the costs of removal may be assessed to the property owner.
(2) Unused portions of towers above a manufactured connection shall be removed'
within 6 months of the time of antenna relocation. Tpe replacement of
portions of a tower previously removed requires a new permit application.
(3)
After the facilities are removed, the site shall be restored to its original or an
improved state.
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1110.1400 PERMIT REQUIRED. No tower or antenna shall be constructed, altered or
expanded without fIrst obtaining a building permit.
1110.1500 ADDITIONAL SUBMITTAL REQUIREMENTS. In addition to the
information required for a building permit application listed in subsection
1109.501, the following information must be submitted with an application for
a tower or antenna:
(1) A report from a qualifIed and licensed professional engineer which does the
following:
~
> describes the tower height and design, including a cross-section and
elevation;
> documents the height above grade for all potential mounting
positions for co-located antennas and the minimum separation
distances between antennas;
> describes the tower's capacity, including the number and type of
antennas that it can accommodate;
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City of Prior Lake
May 1, 1999
1110/pS
#
Zoning Code
~ documents what steps the applicant will take to avoid interference
with established public safety telecommunications; and
~ demonstrates the tower's compliance with all applicable structural
and electrical standards and includes the engineer's stamp and
registrati~n number, and documents compliance with the provisions
of subsection 1110.1200.
(2) For all commercial wireless telecommunication service towers, a letter of
intent committing the tower owner and his or her successors to allow the
shared use of the tower if an additional user agrees in writing to meet
reasonable terms and conditions for shared use, so long as there is no negative
structural impact upon the tower and there is no disruption to the service
provided.
1110.1600 ANTENNAS MOUNTED ON ROOFS, WALLS AND EXISTING
TOWERS. In addition to submittal requirements required elsewhere in this
Ordinance, an application for a building permit for antennas to be mounted on
an existing structure shall be accompanied by the following .information:
...
I
~
(1) A site plan showing the location of the proposed antennas on the structure and
documenting the request meets the requirements of this Ordinance;
(2)
A building plan showing the construction of the antennas and the proposed
method of attaching them to the existing structure, and documenting the
request meets the requirements of this Ordinance;
..
(3) A report prepared by a qualified and licensed professional engineer indicating
the existing structure or tower's ability to support the antennas; and
(4) An intermodulation study to ensure there will be no interference with existing
tenants or public safety telecommunication providers.
May 1, 1999
1110/p9
City of Prior Lake
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/.Planning Commission Minutes
October 1 I. 1999
Stamson:
. Agreed. The ideal situation would be for U.S. West to put it on the light post at the
High School. It would be revenue for the School and it would not be added height to
any pole. However, the proposal is not unreasonable. They are adding 13 feet to an
existing pole, which is probably the shortest pole in the area. It is not in a residential
area. This pole is not going to stand out in the area as being unusual.
V onhof:
. Concurred with Criego. The City would prefer to see less towers by multiple uses.
. It would be more consistent to seek out alternatives.
Kuykendall:
. Questioned the Telecommunication Act. Fischer felt State Statute 337 permits their
usage in the right-of-way. Fischer also said they originally went to the City and did
not feel a Conditional Use was necessary. They are going through the process to
appease everyone. None of the other utilities go through a CUP process and are
allowed the height.
. Tovar said utilities are permitted in the right-of-way. The ordinance is very specific
on communication towers requiring a Conditional Use Permit. Instead of going
through the amendment process, U.S. West opted to go through the CUP process and
expedite.
. The proposed site is on a NSP pole.
Cramer:
Questioned who had authority for the decision, State or local government. A brief
discussion on utility poles and standards followed. Rye read the ordinance.
MOTION BY KUYKENDALL, SECOND BY CRAMER, RECOMMENDING CITY
COUNCIL APPROVE THE CONDITIONAL USE PERMIT WITH STAFF'S THREE
CONDITIONS.
Vote taken indicated ayes by Kuykendall, Cramer, Criego, Stamson. Nay by Vonhof.
MOTION CARRIED.
Tovar stated this matter will go before the City Council on November 1, 1999.
B. Case File #99-066 U.S. West Wireless Communications is requesting a
conditional use permit for the construction of a free standing monopole
communication tower located in the right-or-way.
Planner Jenni Tovar presented the Planning Report dated October 11, 1999, on file in the
office of the City Planner.
The applicant is proposing to construct a freestanding 81-foot tall monopole within the
County right-of-way. This property is zoned A (Agricultural) and SD (Shoreland
District). Section 1110.600 of the City Code requires a Conditional Use Permit for
r:\counci1\planconun\minutcs\nm 101 1 99.doc
4
Planning Commission Minutes
October J/. 1999
towers not meeting required setbacks with respect to public roads. Section 1110.500
allows for the pole height not to exceed 112.5 feet.
Staff recommended continuation of this matter to allow the applicant time to submit
required documentation relating to co-location as required by Section 1110.1200.
Comments from the public:
Don Johnston, 3960 140th Street, said he owns the property where U.S. West is
proposing the tower. Johnston said he is not opposed to towers or any progress, his
concern is for property value. U.S. West has some what of a cavalier attitude. He came
home from vacation and found their testing equipment on their property with no approval
nor contact with them whatsoever. He feels U.S. West should know where the property
lines are between public and private property. There was no apology given for the trash
left on Johnston's property. Johnson questioned how the location was determined, was
his property the only one considered, and easements. Johnston stated the pole will be in
their front yard and feels U.S. West is taking advantage of the situation.
Questions from the Commissioners:
Cramer questioned Johnston on the existing U.S. West poles across County Road 42.
Johnston said U.S. West lines are underground.
Criego asked to see Johnston's home on the map. Johnston stated to avoid more poles he
paid the utility companies to bury the electric lines following the County Road 42
construction. He also pointed out the intersection of County Roads 42 and 21 are going
to be gateway areas. This pole is going to be less than attractive and very noticeable.
Johnston suggested moving it approximately 200 feet north or 400 west or some other
location less obtrusive. Johnston said it would even be better in among the trees.
Cramer questioned Fischer on the existing U.S. West pole on County Road 21 and why
that site was not considered. Fischer said there would be more space on County Road 42
for the equipment. The pole is on private property. Tovar explained the County has
tower and setback requirements. There is a larger right-of-way along County Road 42.
Cramer said he failed to see the point. He is not opposed to the pole, but opposed to the
fact there is an existing central location on U.S. West property. Adding another utility
box would be okay.
Kuykendall questioned the site criteria. Fischer said there were several, topography,
amount of signal and results from dry tests. Kuykendall also expressed concern for
impact on the public and traffic safety. Fischer responded they took all of those issues
into consideration.
Fischer apologized to the Johnstons for the U.S. West's oversight in using Johnston's
private property.
r:\council\plancomm\minutes\nml01199.doc
5
Planning Commission Minutes
October 11. 1999
.-
The public hearing was closed.
Comments from the Commissioners:
Kuykendall:
· Asked Fischer at a later time, to identify the actual costs in going through this
process.
· Emphasize with the property owner but sees no other alternative. This is the only site
in the public right-of-way. The Telecommunications Act is in place. Shifting the
location a few feet will not make any difference.
. Support the recommendation.
Criego:
. Believed ~ere are alternative sites. Locating an 81 foot tower in an Rl District is
sinful on U.S. West's part. They should be more sensitive to the community. U.S.
West can find other sites. They may have to negotiate for land or pay for land.
. Do not put a tower in front of some one's home.
Cramer:
. There is an alternative site in the area which already has a large utility box. It has
power poles in the area similar to the area by the High School. U.S. West might have
to get additional easements from the County, but they are getting the benefit because
that location is a higher elevation. U.S. West already owns the property and does not
have to offend residents of the community.
. The alternative property is zoned commercial.
. U.S. West needs to look at an alternative location.
V onhof:
. Questioned staff on County setbacks from the roadway. Tovar said she did not know
the County's ordinance. Rye responded there are design considerations. They are
required to establish a safety zone along side the travel roadway. There are criteria
for that based on the design standards.
. Agreed with Criego and Cramer that there appear to be alternative locations.
Stamson:
. In reviewing the ordinance it appears the intent was to co-locate the poles. The site
meets all the applicable zoning regulation. It is the County's preferred location.
There is no alternative existing tower.
. It is not ideal to have a pole in front of a home. It is a disadvantage living on a
County Road.
. The intent of a right-of-way is for utilities. That is what the Communication Act is
about, it is a utility like anything else.
r:\counci1\plancomm\minutes\mn 1 01 199.doc
6
Planning Commission Minutes
October II, 1999
Open Discussion:
Cramer:
· Main opposition is there are existing U.S. West poles with major utility box.
· If the utility companies do not share poles, there would be a separate set of poles for
every utility. Combine the utilities and poles and use the existing structures.
Stamson:
· There is not enough space in the existing easement to site the facility. The
surrounding property is in abatement which makes it difficult to purchase. The
ordinance requires they attempt to negotiate, not that they have to.
Cramer:
. Before approving, would like to see 'something that says this facility will not fit in the
alternative area.
Kuykendall:
. Should not be second guessing professional engineers. They are the experts. If they
say they studied the area and did a 33 page report and feel there is no alternative, the
Commissioners have no choice. Work with what is presented.
Cramer:
. This group is to take all the information and come up with a level of common sense.
. There are other locations for the pole. There is a resident with the possibility of
having an 81 foot tower in his front yard. If it was just the box, would not object.
But this is a tower. There are other areas in the right-of-way up and down County
Road 42.
. Object to this location.
Kuykendall:
. Requested someone from U.S. West to clarify and convince the Commissioners this is
the only location.
. Steve Mangold, the Regional Real Estate Manager for U.S. West Wireless, 426 North
Fairview, St. Paul, responded to the Commissioners' concerns. His main points
included:
. This is a County Road, with approval by the County for this site.
. It is in the right-of-way.
. The adjacent property is zoned that U.S. West could have a tower up to 113
feet. They are proposing a much lower tower.
. There is an existing high tension distribution line on the north side of the
right-of-way. It is the proper area for their structure.
. U.S. West is using the State Statutes as guidelines.
. It is good business sense for the community.
. U.S. West did not whimsically pick this location. This matter was studied.
. It is at a busy intersection. Not a residential area.
r:\council\plancomm\minutes\nm 101 1 99.doc
7
Planning Commission Minutes
October 11, 1999
Scott Shuckelman, engineer with U.S. West, explained why this area was selected as the
best site.
MOTION BY KUYKENDALL, SECOND BY STAMSON, TO ADOPT THE
CONDmONAL USE PERMIT WITH THE SPECIFIC CONDITIONS LISTED BY
STAFF IN THE PLANNING REPORT.
Vote taken indicated ayes by Kuykendall, Stamson and Vonhof. Nays by Criego and
Cramer. MOTION CARRIED.
This item will go before the City Council on November I, 1999.
Kuykendall suggested U.S. West document the expense of the preparation for this action.
It is a hidden cost to the public and exceeds cost the public is not aware of.
C. Case File #99-079 Amendment to Zoning Ordinance relating to setback
requirements for residential driveways.
Planner Jenni Tovar presented the Planning Report dated October 11, 1999, on file in the
office of the City Planner.
The Planning Commission considered this ordinance amendment at a public hearing on
August 9, 1999, and recommended approval of the ordinance. The City Council also
reviewed the ordinance on September 9, 1999. The Council was concerned the criteria
established by this ordinance was not specific enough and would result in inconsistent
decisions, and referred the issue back to the staff to detennine if more specific criteria
could be developed.
The proposed amendment is the same language previously reviewed by the Planning
Commission. Following the Council's directive, the staff discussed the proposed criteria
extensively. The staffwas unable to formulate any additional criteria.
Rye explained why this issue was brought back with the Duluth Avenue street project.
There were no comments from the public.
Comments from the Commissioners:
Stamson:
. Comfortable with the wording. It is consistent with other areas of the ordinance.
. Support.
Criego, Cramer, Vonhof and Kuykendall.
. Agreed.
r:\council\plancomm\minutes\nm I Oll99.doc
8
Correspondence
L\TEMPLA TE\FILEINFO.DOC
--CITY OF PRIOR LAKE
16200 EAGLE CREEK AVENUE SE, PRIOR LAKE, MN 55372
To: Suesan Lea Pace
Halleland Lewis Nilan Sipkins &
Johnson
Pillsbury Center South
220 South Sixth Street
Suite #600
Minneapolis. MN 55402-4501
Phone: 612-338-1838
Fax phone: 612-338-7858
CC:
Date: December 30, 1999
Number of pages including cover sheet: 2
From: Jane Kansier
Planning Coordinator
City of Prior Lake
16200 Eagle Creek Avenue SE
Prior Lake MN 55372
Phone: (612) 447-9812
Fax ohone: (612) 447-4245
REMARKS:
~ Urgent
o For your review 0 Reply ASAP
~ Please comment
Suesan: Attached are the "whereas" you requested. I hope this is helpful. Don and I agree the
moratorium should apply only to structures in the right-of-way. Let me know if you have additional
questions. Jane
r
October 27, 1999
Dave Fischer
US West Wireless
426 N Fairview Avenue #101
St. Paul, MN 55104
RE: Agenda and Agenda Report
Attached is a City Council Agenda and Staff Report for the November 1, 1999 City
Council meeting. You or your representatives are expected to attend the meeting. The
meeting begins at 7:30 p.m. and is held at the Fire Station located at 16776 Fish Point
Road (east of HWY 13 on the south side of CR 21). If you cannot attend the meeting,
please call me so your item can be deferred to the next meeting. If you have any
questions, please contact me at 447-4230.
"ncereIY" J~
nni Tovar
lanner
Enclosure
f:\dept\Q./anning.\99fileS\99cup\99-065\agendlet.doc Page 1
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
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SCOTT COUNTY I rn @ rn 0 \liT
PUBLIC WORKS AND LANDS DIVISION I D I -----
HIGHWAY DEPARTMENT I OCT 261999
600 COUNTRY TRAIL EAST
JORDAN, MN 55352-9339 I
(612) 496-8346
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BRADLEY J. LARSON
ASSOCIATE ADMINISTRATOR
October 22, 1999
Mr. Don Rye
Prior Lake Planning Director
Prior Lake City Hall
16200 Eagle Creek Avenue
Prior Lake, MN 55372
Subject:
u. S. West Monopole Tower Proposal
Dear Don:
This is to clarifY Scott County Highway Department's involvement and position on the U.S.
West proposal to locate a monopole within County Highway right-of-way along CSAH 42. We
were approached by representatives of U.S. West concerning placement of the monopole in the
CSAH 42 right-of-way immediately west of the CSAH 21 intersection a couple of months ago.
This location was the only location presented. Our comments were that they would need to
contact Prior Lake and get approval based on your ordinances and requirements before we could
take action on an Utility Permit to install the monopole in our right-of-way. We stated that our
main requirement, in addition to any that the City might impose, would he that the pole he
located beyond the safety "Clear Zone" of CSAH 42 traffic.
As to other locations to locate this monopole, none were discussed other than this proposed one.
From our positions, as long as the placement of the monopole is outside the safety "Clear Zone"
and does not interfere with other utilities or highway operations, the actual location along
CSAH 42 or other highways is not an issue.
Please feel free to contact me if you have any questions.
Sincerely,
Bradley J. Larson, P.E.
Director of Public Works/Highway Engineer
BJL/jkf
E-mail:Barb Marschall, Scott County Commissioner
Jack Witt, Utility Inspector
C: Don and Terry Johnston, 3960 NW l40th St., Prior Lake
An Equal OpponunitylSajety Aware Employer
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USWEST Wireless L.L.C.
US West Wireless L.L.C.
426 North Fairview Avenue
St. Paul, MN 55104
FAX: 651-642-6942
October 7, 1999
Jane A. Kansier
Planning Coordinator
City of Prior Lake
16200 Eagle Creek Ave. SE.
Prior Lake, MN 55372
Re: MIN294 Monopole in Right of Way near Intersection of Hwy 21& Hwy 42
Prior Lake Planning Commission:
US WEST Wireless is proposing to build a communications pole in the right of way near the intersection ofHwy
21& Hwy 42. This letter is intended to address your concerns as defined in the Prior Lake zoning code section
1110.1200.
The coverage area includes Highway 42 and Highway 21, as well as the surrounding commercial and residential
area within 1.5 miles. The area is in a valley where the elevation varies between roughly 870 feet and 970 feet
AMSL. US WEST Wireless does not currently provide service in this area.
The proposed pole is located near the intersection of Hwy 21 & Hwy 42 at a ground elevation of 869 feet AMSL
and a height of 81 feet. This places the antennas at about 950 feet AMSL. A drive test confirmed that mounting
our antennas at this elevation in the proposed location would meet our coverage objectives.
Since the tower height is more than 80 feet tall, Prior Lake's zoning code section 1110.1200 part 1 requires us to
consider collocation options within 1/2 mile of the proposed pole. The only structure that may be capable of
meeting our RF objectives is an 80 foot guyed tower near the dog pound. Unfortunately, the tower's owner
passed away and his estate is in abatement. Since it is unlikely that the tower could support the weight of our
antennas and cables, and the future of the tower is in question,we chose to pursue a monopole in the right of way.
In accordance with Prior Lake's zoning code section 1110.1200 part 3 the proposed pole would be built to
accommodate comparable antennas for at least 1 additional user.
Respectfully,
~/A&~
Scott G. Schecklman
RF Engineer
I hereby certify that this plan, specification or report was prepared by me or under my direct supervision and that I
am a duly Registere rofessional Engineer under the laws of the State of Minnesota.
Date: 10 Jg 1'14
Registration No: 15408
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Scale 1: 15,625 (at center)
1000 Feet
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Guyed Tower
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October 6, 1999
Dear Applicant:
gnc10sed is a copy of the Agenda for the Monday, October 11, 1999, Planning
Commission meeting as well as a copy of the Planning Report. You are expected to
attend this meeting. If you have any questions or cannot attend the meeting, please call
the Planning Department at 447-9810.
Sincerely,
.~~~
Connie Carlson ~
Planning Secretary
enc.
L:\DEPTWORK\BLANKFRM\MEETL TR.DOC
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
- - - - - - - - - - - - -- - - -
SCOTT COUNTY
PUBLIC WORKS AND LANDS DIVISION
HIGHWAY DEPARTMENT
600 COUNTRY TRAIL EAST
JORDAN, MN 55352-9339
(612) 496-8346
BRADLEY J. LARSON
ASSOCIATE ADMINISTRATOR
Fax: (612) 496-8365
September 27, 1999
Jane Kansier
City of Prior Lake
16000 Eagle Creek Ave. SE
Prior Lake, MN 55372
RE: CUP Communication Monopole
CSAH 42
Dear Ms. Kansier:
We have reviewed the Conditional Use Permit as it relates to Highway Department issues and
offer the following comments or concerns:
· No structure shall be placed outside of the location ofthe lease tract description dated
September 14, 1999. The least tract area shall be outside of the County's required clear view
zone.
· No berming, landscaping, signage, or ponding will be allowed within the County right-of-
way.
· A County utility permit shall be required prior to the work commencing.
Thank you for the opportunity to comment. Please contact us if you have any questions or need
additional information.
Craig J son
Transportation Planner
Email: Brian Sorenson, County Transportation Engineer
W:\WORD\RevieW\PUdCUPZn\CUP\PLC~~O$al Opportunity/Safety Aware Employer
- -----------------
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filE COpy
September 22, 1999
Dave Fischer
US West Wireless L.L.C.
426 N Fairview Avenue #101
St. Paul, MN 55104
RE: City of Prior Lake Review for Application Completeness for CUP Applications Case
Files 99-065 and 99-066
Dear Dave:
On September 16, 1999, the City of Prior Lake Planning Department received previously
requested information regarding the proposed communication structures. The Planning
Department has determined that this application is complete and will begin formal review. We
will notify you of any pertinent issues, which may arise asa result of your in~ernal review and
preparation of our staff report.
We have scheduled your request to be heard by the Planning Commission on October 11, 1999.
The meeting begins at 6:30 p.m. and is located at the Fire Station on County Road 21 and Fish
Point Road. You or you representative is expected to be in attendance. If you cannot make the
meeting, please let me know. You will be receiving a copy of the public notice and a copy of the
staff report with recommendation prior to the meeting. We have also tentatively scheduled your
request to be heard by the City Council on November 1, 1999.
The City approval process can be substantially less than 120 days, and we intend to move this
matter through the process in a timely manner which provides a complete, professional review.
Occasionally, however, due to meeting schedules, it is sometimes necessary to extend the 60 day
review period. This letter also serves as your official notice that the City is extending the 60 day
deadline for an additional 60 days from November 14, 1999 to January 13, 2000.
In addition, Sections 1109.902 through 1109.904 of the City of Prior Lake Zoning Ordinance
require the applicant to reimburse the City for all consultant fees associated with the project. A
copy of this section is attached for your information. We arranged a meeting with the City
Attorney at your request. Also, some of the issues raised at that meeting by inference will
require additional legal research. Please be advised that you will be billed for any expenses
incurred as a result. The City Attorney will bill the City directly, and the City will, in turn, bill
you for the costs.
If you have questions please call me at (612) 447-9813.
. cerely, - J~
1:\99files\99cup\99-066\comQJete.doc Page 1
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
l
Zoning Code
~
~
Interpretations of the Zoning Ordinance
Sign Permits
1109.902
Reimbursement for City Costs. The purpose of this subsection is to provide a
procedure to reimburse the City for its costs of review, analysis, and evaluation
of development proposals, conditional use permits, comprehensive plan
amendments, zoning amendments and enforcement of this Ordinance in cases
where, due to the level of complexity of the application under consideration,
excessive costs beyond those normally incurred by the City as a result of the
administration of this Ordinance are incurred. The excess costs result from
problems presented in review, analysis, and evaluation which necessitate
intensive investigation and research. The intent of this subsection is to insure an
adequate level of review of these cases and to insure that the adverse effects of
development on the City are minimized and that compliance with goals and
objectives of the Comprehensive Plan and this Ordinance are obtained.
1109.903 Conditions Where Reimbursement is Authorized. The City may, in its sole
discretion, require reimbursement of City costs under the following conditions:
(1) When the City Manager finds multiple Planning Commission and City Council
meetings are required to review a particular item and additional staff time is
expended subsequent to the initial meeting.
(2) When the City Manager finds it necessary to retain consultants and experts to
review requests and advise its staff of specific impacts of a proposal, including
but not limited to impacts on traffic, utilities, drainage, and aesthetic or
environmental characteristics of the community.
(3) When it is necessary for the City Attorney to review a proposal.
(4) When the City Manager finds that other extraordinary costs are incurred by the
City as a result of the administration of this Ordinance.
1109.904 Procedure for Reimbursement. The City shall notify the applicant at the
earliest possible time that the City will incur additional costs and, if possible,
provide the applicant with an estimate of the expected additional cost.
The applicant shall pay the estimated additional cost to the City by certified
check or bank money order. If the amount paid to the City initially is insufficient
to cover all City costs, the additional amounts shall be billed to the applicant.
Any money which has not been used to pay additional costs after the applicant's
request has been processed shall be refunded to the applicant.
No Certificate of Occupancy for any project subject to this subsection shall be
issued until all money owing to the City has been received. All costs billed under
this subsection shall be based on the actual cost to the City of staff time,
overhead, material costs, and actual billings from consultants, experts and
attorneys.
May 1, 1999
City of Prior lAke
l109/p12
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SEP. 7.1999 11:07RM
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US WEST WIRELESS STP
NO. 088
P.3/3
US WEST WI..,.-, LL.e.
426 North Fllirvillw. Room 101
St. PaUl. MN 55104
LI~-wEST.
//lfJ's borM,. herrJ" 0
September 7. 1999
VIA FACSIMILE AND U.S. MAIL
Jane A. Kansicr, AlCP
PlamU'ng Coordinator
City o!fPrior Lake
16200 Eagle Creek Avenue SE
Prior Lake, Minnesota 55372-1714
RE: MIN 294
Dear Jane,
Pdr sections 1110.1500 and 1110.1200 ofthe Zening Cede, the informa:tien
fer censtructien has been submitted with prefessienal stamped drawings. (See
attaehtld drawings).
,
US West Wireless is regulated by the FCC and is licensed to' eperate in the
two' Gj~gab.ertz band. It is a. requirement of the license to stay within this
frequehcy band and not interfere with adjacent licenses. US West Wireless has
done extensive testing to' protect public safety radiO' systems. NO' known
interference issues exist.
us West has an epen pelicy to' shared use of our towers and this tewer will
accemmedate a second similar antenna structure.
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AnthOllY Scgale
Bxecu1ive Director - Wireless
426 Nl,lrth Fairview Avenue
Roem,lOl
St. Pa1.d. Minnesota 55104
I hereby <<;eniry lb.! Ihis plln. specitrClIiDfl GI' repart
was prepared by me or under mv direct supervision
iI nd that I 111I1 dul, flegisterl!d Prolessionll Entineer
ullder ItIe II. at 11II Slate of MiI1III$
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Proud SpPlIsor
aaUSC38D
August 20, 1999
Dave Fischer
US West Wireless L.L.C.
426 N Fairview Avenue #101
St. Paul, MN 55104
RE: Conditional Use Permit Applications
Dear Dave,
On August 19, 1999 US West submitted applications for Conditional Use Permits for a
telecommunications monopole located within the CSAH 42 right-of-way and a utility
pole with antenna on property located along Candy Cove Trail. Both applications are
incomplete as submitted. The following information must be submitted for each site in
order for us to proceed with processing your requests:
1. Site plans to show dimensions of the monopole and utility boxes to right-of-way, curb
and centerlines of roadways.
2. Specifications on the utility boxes.
3. Your attempts made to co-locate. Explain why separate and new facilities are
necessary.
4. Letter from Scott County regarding their intent to approve your right-of-way permit
upon approval from the City.
5. Copy of Agreement with NSP regarding permission to share the power pole, and their
permission to replace the existing pole.
6. Mailing labels and property owners list for all properties within 350 feet ofthe
proposed sites.
7. Required additional submittals as indicated in Section 1110.1500 of the Zoning
Ordinance. These submittals relate to engineering and co-location.
Once we receive the required information we will proceed with the processing of your
application. If we receive everything by Friday September 3, 1999 your item will be
placed on the September 27, 1999 Planning Commission agenda and October 18, 1999
City Council meeting. Let me know if you have any questions.
F:\DEPT\PLANNING\99FILES\99CUP\99-065\incomplete.doc
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
Brian K. Sorenson, P.E.
Scott County Public Works and Land Division
Highway Department
600 Country Trail East
Jordan,~ 55352-9339
RE: US West Wireless Proposal @ CSAH 42 & CSAH 21 in Prior Lake
Dear Brain,
The Planning Department has reviewed the request as submitted by US West. We have
discussed the matter with Dave Fischer, US West and Suesan Pace, City Attorney. It is
our interpretation of our Zoning Ordinance that the proposed communications monopole
located within the right-of-way requires a Conditional Use Permit (CUP).
On August 18, 1999, US West submitted an application for a CUP. We are proceeding
to process this as such and will forward a referral to your office for input and send you a
copy of the Resolution with conditions, if approved. We expect this application to be
decided upon in approximately 45- 60 days.
Please call me at (612) 447-9813 if you have any questions.
Sincerely, j
--d~
Cc: Dave Fischer, Property Specialist, US West
Suesan Pace, City Attorney
Sue McDermott, Assistant City Engineer
F:\DEP1\PLANNING\99FILES\99CUP\99-066\COUNTY .doc
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
TO:
Suesan Lea Pace, City Attorney
Jane Kansier, Planning Coordinator ~
August 11, 1999
FROM:
DATE:
RE:
CC:
Communications Antennas
Don Rye, Planning Director
Jenni Tovar, Planner
We recently received a request from US West Wireless to install an antenna on a power
pole in City road right-of-way. The proposed antenna will not meet the setback
requirements, and it is taller than the allowed height within a Residential Use District.
We have determined that this antenna requires a conditional use permit, based on the
provisions of Section 1110.503 (3) c and 1110.600 (4). I have attached a copy of this
section for your information. US West Wireless would prefer not to go through the
conditional use permit process. They have cited Minnesota Statute Section 264, claiming
they are exempt from this provision.
Jenni and I are meeting with the US West Wireless representatives on Friday morning. If
possible, we would appreciate any comments you may have on this matter. In my
opinion, the ordinance is very clear on the requirement for a conditional use permit. If
they would like to debate the meaning of the statute, we will arrange for another meeting
that you can attend.
Thank you for your help in this matter. Please let me know if you have any questions.
Enclosure
1: \99files\99subjec\99-060\atnymemo.doc
Zoning Code
1110.500 HEIGHT RESTRICTIONS.
r':
~.. .. "
1110.501
Height Determination. The height of towers shall be determined by measuring
the vertical distance from the tower's point of contact with the ground or rooftop
to the highest point of the tower, including all antennas or other attachments.
When towers are mounted upon other structures, the combined height of the
structure at the tower's point of attachment and tower must meet the height
restriction of this subsection.
1110.502 Maximum Height. Except as provided subsection 1110.503, maximum heights
for towers are as follows:
(1) In all Residential Use Districts, the maximum height of any tower, including all
antennas and other attachments, shall be 45 feet, except that no tower shall be
in excess of a height equal to the distance from the base of the antenna and
tower to the nearest overhead electrical power line which serves more than one
dwelling or place of business, less 5 feet.
(2) In the C-1 (Neighborhood Business) Use District, the maximum height of any
tower, including all antennas and other attachments, shall not exceed 1 foot for
each 4 feet the tower is setback from property located in a Residential Use
District up to a maximum of 52.5 feet, except that no tower shall be in excess of
a height equal to the distance from the base of the antenna and tower to the
nearest overhead electrical power line which serves more than one dwelling or
place of business, less 5 feet.
(3) In the A (Agricultural) Use District and in all other Non-Residential Use Districts,
the maximum height of any tower, including all antennas and other attachments,
shall not exceed 1 foot for each 4 feet the tower is setback from property located
in a Residential Use District up to a maximum of 112.5 feet, except that no tower
shall be in excess of a height equal to the distance from the base of the antenna
and tower to the nearest overhead electrical power line which serves more than
one dwelling or place of business, less 5 feet.
1110.503 Exceptions. The following are exceptions to the maximum height restrictions for
towers:
(1) Multi-Use Towers. Multi-use towers may exceed the height limitations of this
subsection by up to 20 feet.
(2) Amateur Radio Antenna. In accordance with the preemption ruling PRB 1 of
the Federal Communications Commission, towers supporting amateur radio
antennas that comply with all other requirements of this subsection are
exempted from the height limitations of the subsection up to a total height of 70
feet, provided that such height is technically necessary to receive and broadcast
amateur radio signals.
(3) Towers and other antenna devices over 45 feet in height which are attached to a
structure and not freestanding may be located in a Residential Use District under
the following conditions:
City of Prior Lake
May 1, 1999
1110/p3
~ :
~
Zoning Code
a. The towers and antennas are located upon existing or proposed
structures allowed as permitted uses, uses permitted with conditions, and
conditional uses in the underlying Use District and/or upon public structures;
and
~..'
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,;.. ~>.
b. The towers and antennas are limited to a height of 15 feet projecting
above the structure.
c. Subject to approval of a conditional use permit, the City Council may
permit antenna heights of up to 25 feet above the structure if the applicant can
demonstrate that, by a combination of antenna design, positioning of the
structure and/or by screening erected or already in place on the structure, off-site
views of the antenna from adjacent properties are minimized.
1110.600 SETBACKS. Towers shall conform with each of the following minimum setback
requirements:
(1) In Non-Residential Use Districts, towers shall meet the principal structure
setbacks of the underlying Use District with the exception of the 1-1 (Industrial)
Use District, where towers may be located 5 feet from the rear property line,
provided that the rear property line abuts another property in the 1-1 Use District,
and the tower does not encroach on any utility easements.
(2) In Residential Use Districts, the required setback for an antenna and tower not
rigidly attached to a building shall be equal to the height of the antenna and
tower. Those antennas rigidly attached to a building and whose base is on the
ground, may exceed this required setback by the amount equal to the distance
from the point of attachment to the ground.
C"
. ,
,.}
(3) Towers shall not be located between a principal structure and a public street,
with the following exceptions:
~ In the 1-1 (Industrial) Use District, towers may be placed within a side
yard abutting an internal industrial street.
~ On sites adjacent to public streets on all sides, towers may be placed
within a side yard abutting a local street.
(4) Upon approval of a Conditional Use Permit by the City Council, a tower's setback
may be reduced or its location in relation to a public street varied to allow the
integration of a tower into an existing or proposed structure such as a church
steeple, light pole, power line support device, or similar structure.
1110.700 TOWER IN RESIDENTIAL USE DISTRICTS. Towers in Residential Use
Districts are subject to the following additional restrictions:
(
'./
City of Prior Lake
May 1. 1999
1110/p4
FROM
(TUEl 8. 3. 99 13: 58/ST. 13: 57/No. 4260632953 P
HaUeland Lewis Nilan Sipkins & Johnson P.A.
Suite 600 . 220 South Sixth Street. Minneapolis, MN 55402
Telephone. 612/338-1838 Facsimile. 612/338-7858
FACSIMILE COVER SHEET
TO:
Jenni Tovar, Planner
COMPANY:
City of Prior Lake
FAX NUMBER:
612.447.4245
PHONE NUMBER:
612.447.9813
FROM:
Suesan Lea Pace
PHONE NUMBER:
612.593-2902
FAX NUMBER:
612.338.7858
DATE:
August 3. 1999
PAGES:
-L (including cover page)
CLIENT/MATTER:
11213-001
COMMENTS:
This message is intended only for the use of the individual or entity to which it is addressed and may
contain information that is privileged, confidential and exempt from disclosure under applicable law. If the
reader of this message is not the intended recipient or the employee or agent for delivering the message to
the intended recipient, you are hereby notified that dissemination. distribution or copying of this
communication is strictly prohibited. If you received this communication in error, please notify us
immediately by collect telephone and return the original message to us at the above address via the U.S.
Postal Service. Thank. you.
DN: 64945
FROM
(TUE) 8. 3' 99 13: 58/ST. 13: 57/NO. 4260632953 P 2
MEMORANDUM
Halleland Pillsbury Center South, Suite 600
L "N". 220 South Sixth Street
e~s " 1 an Minneapolis, MN 55402-4501
Slpkms at Phone: 612.338.1838
Johnson Fax: 612.338.7858
Direct Dial: 612.573.2902
TO:
Jenni Tovar, Planner
Via Facsimile
\,
FROM:
Sucsan Lea Pace S~
DATE:
August 2, 1999
RE:
Your Memo and Mr" Sorenson's Letter to You
Our File No.: 20245-001
I don't think the City has "jurisdiction" regarding permits in the right-of-way.
However, it appears to me that Mr. Sorenson is seeking the City's "input" as opposed to its
consent/approval. If you have comments/concerns, I think you should respond. Your response
should make it clear that there are factors the City believes are prudent for the County to
consider or that require compliance with City zoning provisions, e.g., you may want to take the
position that a "communications tower" is a land use, and that the City has ordinances regulating
land uses which must be complied with.
One obvious issue occurs to me. Is the City losing a potential source of income if the County
permits the construction of a communications tower in the right-of-way? You may want to take
the position that the City will lose revenue if US West is permitted to construct in the right-of-
way. Maybe you might want to discuss with the County whether it is receiving a fee from US
West. From there, I would want to explore cost sharing. The "noise wall" and "communications
tower" are very different. US West, unlike the Harbor Homeowners Association, is a utility and
has some rights regarding the use/installation of utilities in the right-of-way, but those rights do
not preclude "reasonable zoning" requirements.
DN: 64836
-,.;:.'
I
I
iMemornndum
7671
Co.
Phone #
Phone #
l..{Lf7 -rJ'r3
Fax # 1>
Fax #
To:
From:
Date:
Re:
Suesan Pace, City Attorney
Jenni Tovar, Planner jJ~
07/27/99
City Jurisdiction
Yesterday I received infonnation from Scott County regarding their potential issuance
of a penn it for a communication tower within county right-of-way along CR 42. They
would like city input, however, we are unsure of our jurisdiction on such items located
within the county right-of-way. As I recall, a similar issue came up in 1996 regarding
"noise wall" placed in the county road right-of-way for The Harbor neighborhood.
'me, we were advised the noise wall did not fall within the City's jurisdiction
ore did not have to meet city regulations. Please advise.
1
SCOTT COUNTY
PUBLIC WORKS AND LANDS DIVISION '.
IDGHWAYDEPARTMENT
600 COUNTRY TRAIL EAST
JORDAN, MN 55352-9339
(612) 496-8346
BRADLEY J. LARSON
ASSOCIATE ADMINISTRATOR
Fax: (612) 496-8365
July 26, 1999
Jenni Tovar
City of Prior Lake
16200 Eagle Creek Ave. SE
Prior Lake, MN 55372
Subject: US West Wireless Proposal @ CSAH 42 & CSAH 21 in Prior Lake
Dear Ms. Tovar:
I am writing to you to follow up on the phone conversation we had today in regards to US West's
proposal to install a metal pole mounted antenna and equipment box in the County's right-of-way on the
north side of CSAH 42, just west of CSAH 21. We have reviewed the plan for this work, and are
considering granting US West a utility permit for the installation of such equipment. We would
however like the City's input on this proposal before any approval is given to US West. Please review
the enclosed plans and respond to me with the City's comments at your earliest convenience.
In the meantime, if you have any questions please feel free to contact me at 496-8060.
SinCereIY'~
~\ ,
,t
nan K. Sorenson, P.E.
Scott County Transportation Engineer
Ene.
C: Brad Larson - County Engineer
Dave Fischer - Property Specialist, US West
W:\word\review\misc\PL_USWest42.doc An Equal Opportunity/Safety Aware Employer
LI~~ST@
Advanced PCS™
Min294
Eagle Creek and County Rd. 42
80' AGL
PRIVATE
Natfor diec:1osuIe 0IItlIide of U S WEST~. LLC.
00 not dlsIribule or reproduce >Mlhout pennission '"'"' U S'M$T v.n.... LLC.
SCOTT COUNTY
PUBLIC WORKS AND LANDS DIVISION
HIGHW A Y DEPARTMENT
600 COUNTRY TRAIL EAST
JORDAN,~ 55352-9339
(612) 496-8346
{
,
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,
..
BRADLEYJ. LARSON
ASSOCIATE ADMINISTRATOR
Fax: (612) 496-8365
July 26, 1999
Jenni Tovar
City of Prior Lake
16200 Eagle Creek Ave. SE
Prior Lake, MN 55372
:( \ JUL 2 6 \999 \ \ '\
\~~~\YJ
L
Subject: US West Wireless Proposal @ CSAH 42 & CSAH 21 in Prior Lake
Dear Ms. Tovar:
I am writing to you to follow up on the phone conversation we had today in regards to US West's
proposal to install a metal pole mounted antenna and equipment box in the County's right-of-way on the
north side of CSAH 42, just west of CSAH 21. We have reviewed the plan for this work, and are
considering granting US West a utility permit for the installation of such equipment. We would
however like the City's input on this proposal before any approval is given to US West. Please review
the enclosed plans and respond to me with the City's comments at your earliest convenience.
In the meantime, if you have any questions please feel free to contact me at 496-8060.
Sincerely, f 51'
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Bthin K. Sorenson, P.E.
Scott County Transportation Engineer
Ene.
C: Brad Larson - County Engineer
Dave Fischer - Property Specialist, US West
W:\word\review\misc\PL_USWest42.doc An Equal Opportunity/Safety Aware Employer
LI~WEST@
Advanced PCS™
JUL 2 6
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Min294
Eagle Creek and County Rd. 42
80' AGL
PRIVATE
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Miscellaneous
L:\TEMPLA TE\FILEINFO.DOC
...-'/.
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-",
CITY OF PRIOR LAKE
16200 EAGLE CREEK AVE SE.
PRIOR LAKE, MN 55372.
(612) 447-4230, FAX (612) 447-4245
RECEIPT # 36100
DATE: Auco I I ~ · qCL
\
Received of U~SI (A)~W~~~
thesumo01wL~~~ <-
for the purpose of
dollars
CM}J- ~t utJ~~T- ~lR-
Invoice #
$ 1J5D.~
CL~uU ~
Receipt Clerk f r tHe City of Prior Lake
~
CITY OF PRIOR LAKE
ORC PROJECT REVIEW CHECKLIST
PROJECT NAME: CR 42 Communication Monopole
An application for a Conditional Use Permit to allow a
monopole within CR 42 right-of-way.
APPLICANT: US Wireless Communications
CONTACT PERSON: Dave Fischer (651) 642-6291
SITE INFORMATION
PID#: N/A
LOCATION: NE corner of CR42 and CR 21 R-O-W
EXISTING ZONING: A- Agricultural
DISTRIBUTE TO: D APPLICATION FOR:
X Frank Boyles X Greg IIkka Administrative Land Division
X Bret Woodson X Sue McDermott Comprehensive Plan Amend.
X Ralph Teschner Jeff Evens X Conditional Use Permit
X Paul Hokeness Lani Leichty Home Occupation
X Bob Hutchins Verlyn Raaen Rezoning
X Don Rye X Doug Hartman Site Plan
X Jane Kansier X Fire Chief Preliminary Plat
X Jenni Tovar X Bill O'Rourke PUD
DNR - Pat Lynch X Minnegasco Final Plat
X County Hwy. Dept. X Watershed Dist. Variance
X MNDOT X Telephone Co. Vacation
SMDC X Electric Co.
X Triax Cable Met. Council
Date Received 8/19/99 Date Distributed 9/22/99 Date Due 9/30/99
Complete Application 9/16/99 Date Distributed to 9/22/99 DRC Meeting 9/30/99
Date DRC
Publication Date 9/25/99 Tentative PC Date 10/11/99 Tentative CC 11/1/99
Date
60 Day Review Date 11/14/99 Review Extension 1/13/00
I :\99files\99cup\99-066\referral.doc
Page 1
I have reviewed the attached proposed request CR 42 AND CR 21 R-O-W Monopole
CASE FILE #99-066 for the following:
Water .City Code Gradim:J
Sewer Storm Water Signs
Zoning Flood Plain County Road Access
Parks ..Natural. Features '. ,. Leaallssues
Assessment Electric Roads/Access
Policy
SeDtic System Gas .. 'Building Code
Erosion Control ~ . Other /E.L e.
Recommendation: ~ Approval
Denial
Conditional Approval
. Comments:
t\ 0 C.b ~ F'L f c:.."T':::l
~(Jott.rice ..
" "
..' .:T E,:~'~.r::.HJ~V~,E.:~)c.;P:.!~.:~~.~i:.:,(
" '",
Don Barlage
asp Engineering & Design
4600 CoIoIaOO street S.E.
PrO'lake, Milr1asda 553n
TelepluJe: ~12) 447-3758
Direct Dial: (812) zai-.7l1i4
Mobile; (612) 91905687
Fax: (612) 228-3758
: "~rvins MiIllluola for over 50 years. "
~. ~
Signed:
~~~
Date:
c:r..2.. 4-~~
Please return any comments by September 30,1999, to
Jenni Tovar, Planner
City of Prior Lake
16000 Eagle Creek Avenue SE
Prior Lake, MN 55372
Phone: (612) 447-9812
Fax: (612) 447-4245
1:\99tlles\99cup\99-088\referral.doc
. Page. 2
.,',
I have reviewed the attached proposed request CR 42 AND CR 21 R-O-W Monopole
CASE FILE #99-066 for the following:
Water City Code Grading
Sewer Storm Water Signs
Zoning Flood Plain County Road Access
Parks Natural Features Legal Issues
Assessment Electric Roads/Access
Policy
Septic System Gas Building Code
Erosion Control Other
Recommendation: H Approval Denial K Conditional Approval
Comments: A0 I5V/dO/~ ~ /7:5 ~o IN
<:::'SA;J /1I"e/6Hr-o~ U/4c;> . ~ S(/S~/-f. P/'f-ca
F x.&-;??~ ~5 I 0 </,0 u.//1-L-c.-- A- r e-s /f/f 4 Z 4./~}i:JJt::
C-5:/9-/...J /3 W~~.o ::;v6,:;6fr _~~ Co. /~~,-V
t>c:;'"Pr... ~{/I/4Y ~ ~~~8 5--6v- OrF .P~'L.5
TIf.r1:r ~ S/~ RJ' 4- 5~ e?vG~~.
Signed:
Please return any comments by September 30, 1999, to
Jenni Tovar, Planner
City of Prior Lake
16000 Eagle Creek Avenue SE
Prior Lake, MN 55372
Phone: (612) 447-9812
Fax: ,(612) 447-4245
1:\99files\99cup\99-066\referral.doc
Page 2
I have reviewed the attached proposed request CR 42 AND CR 21 R-O-W Monopole
CASE FILE #99-066 for the following:
Water City Code Grading
Sewer Storm Water Signs
Zoning Flood Plain X. County Road Access
Parks .Natural Features Legal Issues
Assessment Electric Roads/Access
Policy
Septic System . Gas Building Code
Erosion Control Other
Recommendation: ~ Approval
Denial
--L Conditional Approval
Comments: ,
~~ ~~ ~d r>l- ~
~~~~ f'~ ~~~<>6~'tJ.
Signed:
'- ~~ tlcO~-tt-
Date:
q 17,'-1 /CJ ~
, I
Please return any comments by September 3D, 1999, to
Jenni Tovar, Planner
City of Prior Lake
16000 Eagle Creek Avenue SE
Prior Lake, MN 55372
Phone: (612) 447-9812
Fax: (612) 447-4245
1:\99files\99cup\99-066\referral.doc
Page 2
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Not for disclosure outside ofU S WEST Wireless, 1.1.C. \\\,.~_______
Do not distribute or reproduce without pennission from U S WEST Wireless, 1.1. \)
Min294
81' AGL
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U S WEST Wireless. L.L.C.
426 North Fairview, Room 101
$1. Paul, MN 55104
lites better here'@
~
LI~WEST'
August 18, 1999
Jane A. Kansier
Planning Coordinator
City of Prior Lake
16200 Eagle Creek Ave. Se.
Prior Lake, MN 55372
RE: MIN294 - Application for a Conditional Use Permit for Construction of a Monopole
located within Scott County right of way along County Road 42.
Dear Jane,
US West Wireless (USWW) submitted a right of way application June 23, 1999 to Scott County.
Scott County drafted a letter July 26, 1999 and recommended that U S West Wireless L.L.C.
receive approval from the City of Prior Lake before issuing US West Wireless L.L.C. a permit. US
West's proposed site meets Scott County's safety standards and clear zone requirements within
county right of ways.
Our proposal is to place a 75' monopole (81' overall height with antennas and 2' lightning rod ).
The adjacent land use to the North is Zoned Agricultural, which allows towers up to 112.5 feet per
the Prior Lake zoning ordinance section 1110.502 paragraph #3. This application is consistent with
the current use along County Rd 42 being that there are several high tension utility poles located
along County Road 42. U S West feels that it makes more sense placing communication poles
within the right of ways as long as it complies within the safety guidelines rather than in a farmable
agricultural field, which would make the pole look out of place. U S West feels that this application
should be subject to the statewide rules and regulations of the Public Utilities Commission
governing rights of way per the Minnesota State Statute 237. USWWs application for a tower in
an agricultural zone would be a permitted use with conditions under section 1110.502 paragraph
#3 and would be reviewed under that provision as an administrative review ( permitted use with
conditions). U S West Wireless L.L.C. feels that this application should also be an administrative
review with conditions through the Prior Lake Public Works Department.
Pro competition federal and state law require that local regulation of telecommunication services
and facilities not interfere with the deployment and provisioning of telecommunications services
and facilities. USWW submits that its application to place telecommunications within the right of
way should be with in the right of way rules and the statewide construction standards per
Minnesota State Statutes 237. The pro-competition Federal Telecommunications Act of 1996 and
the Sate of Minnesota's laws regarding telecommunications right of way, provide that local
authority manage the public right of way must be on a nondiscriminatory and competitively neutral
manner. As long as US West Communications places its pole in accordance with applicable
statewide standards, the application of collateral burdensome zoning regUlations is not
appropriate.
USA
Q~
p.MIlllll~sicott County R.OW. (Prior Lake CUP Application) 1
36USC380
The conditional use permit process is problematic for a number of reasons. Application of the
setback requirements will unfairly discriminate against wireless providers in favor of wire line
providers, and will also discriminate against USWW in favor of other wireless providers using
competing technologies ( NSP data transmission). Subjecting telecommunications providers such
as US West Communications and U S West Wireless to this type of process creates an undue
administrative and expense burden.
USWW submits that its request is exactly the type of approach that was envisioned when the pro-
competition federal and state telecommunications laws were enacted. Allowing USWW to place
poles in the right of ways will enable it to take advantage of the areas already permitting utilities.
This will keep a more consistent use of the land, which will avoid less clutter to areas other than
the right of ways where there are already existing utility poles.
The use of poles in a grid is crucial to assure proper coverage in the areas served. The increased
pole height is necessary to assure quality of service, because without it USWW will not be able to
place its facilities above the "clutter" (low buildings and trees). Through this approach, USWW will
be able to compete with other local telecommunications providers, which will benefit the consumer
through more competition (more choices and better prices).
In accordance to Minnesota Statutes 237.162 the City of Prior Lakes authority to manage the right-
of ways includes the following:
1. Require a work permit.
2 Register with local governments.
3 Providers will restore the right of way to its prior condition.
4 Providers will pay a fee for reasonable management costs.
The City of Prior Lake can deny this application based on thefollowing :
1) The applicant does not comply with terms of Chapter 237.162.
2) The project endangers public health, safety, or welfare.
3) Jeopardizes current users of right of way.
Further Restriction on denial per the Minnesota state statute 237:
The local governments may not manage the right of way, or impose fees in a manner that
discriminates among telecommunications right of way users ( i.e. imposing a set back
requirement).
Please find enclosed a Planning Administrative Form, for application of a Conditional Use Permit to
be considered an to place a 79' US West Wireless Communications pole in the right of way
located on County Road 42. This request is being made on behalf of US West Wireless L.L.C.
(USWW).
US West Wireless L.L.C. must locate a site in this area in order for USWW to deliver complete
service coverage along County Rd. 42, County road 21, and the surrounding Community of Prior
Lake. The Conditional Use Permit is requested in order to place a new pole in the right of way that
will allow US West to provide Wireless Communication Service to the Prior Lake are surrounding
MIN294- Scott County R.OW. ( Prior Lake CUP Application) 2
.
.\
will allow US West to provide Wireless Communication Service to the Prior Lake are surrounding
area. USWW conducted a drive test in this area to identify a need for 79' pole at this location.
U S West Wireless believes that any such approval of USWW's right of way permit authorization or
other exercise of zoning authority to place wireless telecommunications in rights of ways would be
consistent with the strict parameters and guidelines that the Minnesota legislature has established
to govern the issuance of right of way use permit authorizations.
We hope this correspondence and enclosures explain our application and address the
requirements by the City of Prior Lake Zoning Ordinance. Should you have any questions
regarding the attached Application for Conditional Use Permit or would like to discuss PCS
technology further, please feel free to contact me at 651-642-6291 or on my PCS phone at: 612-
998-4784. I appreciate the assistance that we have received from you, and we !ook forward to
working with you to better serve the community in this area.
Thank you in advance for your consideration.
S.. ince'.eIY, '. (\ \. . ~...
\:)a-J)!JJ ~
David W. Fischer
US West Wireless L.L.C.
Real Estate Consultant
Enclosure
cc Steve Mangold, US West Wireless L.L.C. Minneapolis, RE Manager
MIN294- Scott County R.O.w. (Prior Lake CUP Application) 3
EXHIBIT A
US West Wireless L.L.C. CUP Application
I Site Information:
Current Zoning
US West Wireless L.L.C.
David W. Fischer, USWW Consultant
Right of way located on County Road 42 and County Road 21, Prior
Lake, MN 55372
Right of Way
Applicant
Contact
Site Location
I Adjacent Zoning
Agricultural
I Case History
This site is an application for a telecommunication user( U S West Wireless L.L.C.) in the right of
way ( county road 42) where other utility users currently reside.
I Introduction
US West Wireless L.L.C. - Minneapolis is requesting a Conditional Use Permit in order to placean
75' pole in the right-of way (81' overall height with the 2' lightning rod) located on County Road 42
and County road 21. The Conditional Use Permit is being requested as per the City of Prior Lake
Zoning Ordinance and Scott County:
Subject
Conditional Use Permits
PCS Technology
PCS is a wireless telecommunications services personalized to the individual. There is a
growing demand for improved wireless services, and a new infrastructure is needed to meet this
growing demand. The following information is provided as an overview of general PCS services
and technology.
Background
In early 1995, the Federal Communications Commission (FCC) auctioned licenses for the
1900 MHz band of the radio spectrum within the 51 Major Trading Areas (MTAs) of the United
States for use by Personal Communications Services. USWW purchased licenses within these 51
MT As. These licenses, enable US West Wireless to offer Personal Communications Services in 14
states throughout the country.
What is PCS?
Telephone numbers used in PCS handsets will become tied specifically to an individual,
and the types and features of services that each subscriber desires will be customized to his or
MIN294- Scott County R.OW. ( Prior Lake CUP Application) 4
or
.,
'.
wants it, and the chosen services (for example stock quotes on selected companies, voice mail,
and caller identification) will become specific to the individual holding that telephone number.
PCS technology will allow a variety of telecommunication services, including:
. Local and long distance telephone services and cable services;
. AII-in-one Wireless Communication Services:
. Portable phones, pagers, and fax transmission;
. Numeric paging on the phone's screen;
. Interactive paging (2-way paging which allows the sender to track where the
message is sent, and when it has been received.)
. Voice mail service;
. Caller ID;
. International roaming capability;
. Reduced power needs (allows smaller units and longer battery life); and
. In the future, PCS will allow computer use and video images over the PCS network.
Assigning a unique PCS telephone number to a customer will allow the individual to place a call
and / or send information across regional, national, and international borders. The network will
do all the work of tracking the customer, knowing where he or she is at all times.
Benefits of PCS over Cellular
PCS has several advantages over existing cellular telephone service, including better
service quality through the use of digital technology, more compact radio equipment,
increased mobility, enhanced service features, and price.
Digital Technology:
PCS utilizes the latest digital technology. This will facilitate cleaner voice
quality, but more importantly, clean data communication. A PCS customer will be
able to communicate through voice and data simultaneously using the same
handset without interference to either activity. In addition, computer users will be
able to run applications and retrieve data faster from remote locations using their
handset. PCS technology also provides less static and fading, and there are
fewer dropped calls.
Improved Security:
Digital technology provides more security than analog, the technology
traditionally used by the cellular industry. Calls in digital format cannot be
overheard with the kind of simple scanners currently used to eavesdrop on
cellular calls. Although it is technically possible to overhear a call, it requires
special gear and technical skill which most eaves droppers lack.
Improved Equipment:
PCS will utilize smaller antennas and smaller base Transceiver Stations,
more advanced telecommunication technology that will result in less expensive
rates to the consumer. In addition, equipment will be more compact both at the
handset and at the antenna sites. Handsets will be lighter than today's cellular flip
phones, and the handsets will utilize longer lasting batteries. Because of the
PCS' assigned radio spectrum, there will be more antennas, but they will likely be
less noticeable than those used by the cellular industry. US West Wireless L.L.C.
MIN294- Scott County R.OW. ( Prior Lake CUP Application) 5
.
,,/,
,.
..
has been working diligently to replace existing US West Telecommunication
facilities, lease antenna sites on City water towers, and existing buildings prior to
attempting to lease any sites for new ground built towers.
Increased Mobility:
With PCS, mobility means seamless roaming across existing cellular and
land line service areas. A PCS handset can be taken anywhere and be expected
to function the same as in the coverage area of the original service provider.
One Telephone Number:
. With PCS, one Personal Communications Number (PCN) will be assigned
to each individual user. Today, when a person changes their reside~ce, the old
land line telephone number is frequently lost because these numbers are
assigned and based on geographic area. Cellular telephone numbers are also
lost when carriers are switched because cellular service companies are provided
a limited range of numbers, and the numbers have to be recycled or reused. A
PCN associates a telephone number with a person, regardless of where he or
she is located, and regardless of who is the service provider.
Lower Cost for Service:
PCS will be cheaper in the long term because it will utilize digital
technology. Initially, the cost for the service and handsets will be similar to that of
cellular. However, with increased demand, both carriers and manufacturers will
be able to lower their price significantly. Eventually PCS service will be less than
cellular and will be close to the cost of land line telephone service.
Increasing Demand
Today, cellular telephone systems in the US are expanding at the rate of over
28,000 new subscriptions a day, far beyond the growth rate of new subscriptions for wire
line telephone service. The popularity of cellular telephone service is due to the freedom,
mobility, and enhanced productivity that it provides. No longer are people tied to fixed
telephones or pay phones. Yet cellular telephone services is just one step toward
another type of service, one expected to revolutionize telecommunications. The next
rung on the evolutionary ladder is PCS.
Interference Issues
US West Wireless L.L.C. will resolve technical interference problems with other equipment
located at the site on the Commencement Date or any equipment that becomes attached to the
Site at any future date when USWW desires to add additional equipment to the Site
The PCS system operates on a specific set of channels licensed exclusively to USWW by the
Federal Communications Commission for provision of high quality mobile service for the benefit of
the public good. The filtering of spurious signals is very tightly controlled via standard radio
electronic filters. PCS telephones operate within strictly regulated set of allotted frequencies. All
USWW sites must be operated in accordance with our FCC license to provide PCS service to this
area. USWW is currently licensed to operate in markets nation wide with hundreds of antennas.
There has not been any instance of television or radio interference reported.
MIN294- Scott County R.OW. ( Prior Lake CUP Application) 6
area. USWW conducted a drive test in this area to identify a need for 75 I pole (81' overall height
with antennas and lightning rod) at this location.
U S West Wireless believes that any such approval of USWW's right of way permit authorization or
other exercise of zoning authority to place wireless telecommunications in rights of ways would be
consistent with the strict parameters and guidelines that the Minnesota legislature has established
to govern the issuance of right of way use permit authorizations.
We hope this correspondence and enclosures explain our application and address the
requirements by the City of Prior Lake Zoning Ordinance. Should you have any questions
regarding the attached Application for Conditional Use Permit or would like to discuss PCS
technology further, please feel free to contact me at 651-642-6291 or on my PCS phone at: 612-
998-4784. I appreciate the assistance that we have received from you, and we .Iook forward to
working with you to better serve the community in this area.
Thank you in advance for your consideration.
~S~~
David W. Fischer
US West Wireless L.L.C.
Real Estate Consultant
Enclosure
cc Steve Mangold, US West Wireless L.L.C. Minneapolis, RE Manager
MIN294- Scott County R.OW. ( Prior Lake CUP Application)
3
/
.,
U S WEST Wireless. L.L.C.
426 North Fairview, Room 101
St. Paul, MN 55104
September 2, 1999
LI~WEST'
liles better here"@
Jane A. Kansier
Planning Coordinator
City of Prior Lake
16200 Eagle Creek Ave. Se.
Prior Lake, MN 55372
RE: MIN294 - Response regarding Prior lake's request for additional information upon
review of US West's application for a Conditional Use Permit to construct an
81' AGl (overall height with antenna and lightning rod) Monopole located within
Scott County right of way County Road 42 and County Road 21.
Dear Jane,
US West Wireless L.L.C. recently submitted a Conditional Use Permit Application for a 81' AGL
(overall height with antennas and lightning rod) monopole structure to be located within Scott
County's Right of Way. This application information is for the Planning Commission meeting
September 27, 1999. Upon Prior Lake's receipt and review of US West's Application, the following
information was requested: A narrative demonstrating attempts to collocate on existing structures,
why separate and new facilities are necessary and additional submittal requirement listed under
section 1110.1500 of the Prior Lake zoning ordinance (provided separately). I have provided a
brief narrative addressing this request below:
Unfortunately, there are no viable collocation structures located within the search ring issued that
will allow US West Wireless to achieve all of the Radio Frequency Design objectives. The nearest
structure located outside of the Search Ring is the Prior Lake Water Tower. The water tower will
not achieve all of US West's RF Design criteria based on a conflict regarding the proximity to
existing US West facilities and future US West Search Rings surrounding the proposed location.
Separate and new facilities must be located in this area in order for USVWV to deliver complete
service coverage along County Roads. 42,21 and the surrounding Community of Prior Lake. The
Conditional Use Permit is requested in order to place a new pole in the right of way that will allow
US West to provide Wireless Communication Service to the Prior Lake are surrounding area. .
USWW conducted a drive test in this area to identify a need for 75 · pole (81' overall height with
antennas and lightning rod) at this location. The proposed location is consistent with section
1110.502 paragraph #3 of Prior Lake's zoning ordinance.
USA
QSO'
Proud jponsor
M1N23lftJs&jjljlocation Requirement Letter
1
r
U S West Wireless believes that any such approval ofUSWWs right of way permit authorization or
other exercise of zoning authority to place wireless telecommunications in rights of ways would be
consistent with the strict parameters and guidelines that the Minnesota legislature has established
to govern the issuance of right of way use permit authorizations. U S West feels that this
application should be subject to the statewide rules and regulations of the Public Utilities
Commission governing rights of way per the Minnesota State Statute 237.163.
We hope this correspondence and enclosures explain our application and address the .
requirements by the City of Prior Lake Zoning Ordinance. Should you have any questions
regarding the information provided above please feel free to contact me at 651-642-6291 or on my
PCS phone at: 612-998-4784. I appreciate the assistance that we have received from you, and we
look forward to working with you to better serve the community in this area.
Respectfully,
V~
David W. Fischer
US West Wireless L.L.C.
Real Estate Consultant
Enclosure
cc Steve Mangold, US West Wireless L.L.C. Minneapolis, RE Manager
MIN294 - Collocation Requirement Letter
2
NOTICE OF HEARING FOR CONDITIONAL USE PERMIT
You are hereby notified that the Prior Lake Planning Commission will hold a hearing at Prior Lake
Fire Station #1, located at 16776 Fish Point Road, SE (Southwest of the intersection of CR. 21
and Fish Point Road), on Monday, October 11, 1999, at 6:30 p.m. or as soon as possible
thereafter.
APPLICANT:
US West Wireless Communications
SUBJECT SITE:
Within the County right-of-way located at the northwest intersection of CR
42 and CR 21.
lEGAL
DESCRIPTION:
That part of the Southeast Quarter of Section 22, Township 115 North,
Range 22 West of the Fifth Principal Meridian, described as follows:
Commencing at the southeast corner of said Section 22, thence South 89
degrees 10 minutes 17 seconds West along the south line of said Section
22, a distance of 59.46 feet; thence North 00 degrees 49 minutes 43
seconds West a distance of 61.83 feet to the point of beginning of the land
to be described; thence South 89 degrees 10 minutes 17 second West a
distance of 21.83 feet; thence North 00 degrees 49 minutes 43 seconds
West a distance of 13.17 feet; thence North 89 degrees 10 minutes 17
seconds East a distance of 21.83 feet; thence South 00 degrees 49
minutes 43 seconds East a distance of 13.17 feet to said point of
beginning.
REQUEST:
The applicant is requesting a Conditional Use Permit for the construction
of a free standing monopole communication tower located within the right-
of-way. Section 1110.600 of the City Code requires a Conditional Use
Permit for locating such a structure within the right-of-way.
If you are interested in this issue. you should attend this hearing. The Planning Commission will
accept oral and/or written comments. Questions related to this hearing should be directed to the
Prior Lake Planning Department by calling 447-4230 between the hours of 8:00 a.m. and 4:30
p.m.
Jenni Tovar, Planner
City of Prior Lake
TO BE PUBLISHED IN THE PRIOR lAKE AMERICAN ON September 25, 1999.
f:\dept\planning\99files\99cup\99-066\99-066pn .doc
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
NOTICE OF HEARING FOR CONDITIONAL USE PERMIT
You are hereby notified that the Prior Lake Planning Commission will hold a hearing at Prior Lake
Fire Station #1, located at 16776 Fish Point Road, SE (Southwest of the intersection of CR. 21
and Fish Point Road), on Monday, October 11, 1999, at 6:30 p.m. or as soon as possible
thereafter.
APPLICANT:
US West Wireless Communications
SUBJECT SITE:
Within the County right-of-way located at the northwest intersection of CR
42 and CR21.
LEGAL
DESCRIPTION:
That part of the Southeast Quarter of Section 22, Township 115 North,
Range 22 West of the Fifth Principal Meridian, described as follows:
Commencing at the southeast corner of said Section 22, thence South 89
degrees 10 minutes 17 seconds West along the south line of said Section
22, a distance of 59.46 feet; thence North 00 degrees 49 minutes 43
seconds West a distance of 61.83 feet to the point of beginning of the land
to be described; thence South 89 degrees 10 minutes 17 second West a
distance of 21.83 feet; thence North 00 degrees 49 minutes 43 seconds
West a distance of 13.17 feet; thence North 89 degrees 10 minutes 17
seconds East a distance of 21.83 feet; thence South 00 degrees 49
minutes 43 seconds East a distance of 13.17 feet to said point of
beginning.
REQUEST:
The applicant is requesting a Conditional Use Permit for the construction
of a free standing monopole communication tower located within the right-
of-way. Section 1110.600 of the City Code requires a Conditional Use
Permit for locating such a structure within the right-of-way.
If you are interested in this issue, you should attend this hearing. The Planning Commission will
accept oral and/or written comments. Questions related to this hearing should be directed to the
Prior Lake Planning Department by calling 447-4230 between the hours of 8:00 a.m. and 4:30
p.m.
Jenni Tovar, Planner
City of Prior Lake
PUBLISHED IN THE PRIOR LAKE AMERICAN ON September 25, 1999.
Date Mailed: October 1,1999.
I :\99files\99cup\99-066\99-066pn .doc
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
Properties within 350' of proposed
CR42 and CR21 Monopole location
o 500 1000 Feet
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AFFIDAVIT OF SERVICE BY MAIL
COUNTY OF SCOTT )
)ss
STATE OF MINNESOTA)
. of the City ofJ:>rior Lake County of Scott, State of
esota, being uly sworn, says on the I g- day of(J)iJ~ ~1999, she served
the attached list of persons to have an interest in the 9Pf-df'J US UJJ4;;i- ~
, by mailing to them a copy thereof,
enclosed in an envelope, postage prepaid, and be depositing same in the post office at
Prior Lake, Minnesota, the last known address of the parties.
Subscribed and. sworn to be this
_ day of , 1999.
NOTARY PUBLIC
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