HomeMy WebLinkAbout8A - Telecommunications Bldg.
STAFF AGENDA REPORT
DATE:
SA
JANE KANSIER, PLANNING COORDINATOR
DONALD R. RYE, PLANNING DIRECTOR
CONSIDER APPROVAL OF ORDINANCE #96-XX
AMENDING THE ZONING ORDINANCE AND CITY CODE
AS IT PERTAINS TO THE TREATMENT OF
COMMUNICATIONS ANTENNAS AND EQUIPMENT
SHELTERS
DECEMBER 16,1996
AGENDA #:
PREPARED BY:
REVIEWED BY:
SUBJECT:
INTRODUCTION:
The purpose of this item is to consider approval of an
amendment to the Zoning Ordinance and City Code as it
relates to the treatment of communications antennas and
support buildings.
BACKGROUND:
The telecommunications industry is expanding rapidly, and
several companies have approached the City with requests
to utilize the existing water towers for the placement of
antennae and the other equipment needed to provide this
service. A recent review of the Zoning Ordinance indicated
we have no provisions allowing the equipment shelters
often associated with the antennae. The purpose of this
amendment is to address the equipment shelters.
The proposed amendment has four parts. The first part is
to broaden the current definition of "Essential Services" to
include several other utilities. The second part of the
amendment adds a definition of "Equipment Shelters" to
the ordinance. The third part of the amendment lists
"Equipment Shelters" as a permitted accessory use.
Finally, the fourth part adds standards for these shelters.
The proposed language of this amendment is detailed on
the attached draft ordinance.
The Planning Commission held a public hearing on this
amendment on November 25, 1996. The Commission
recommended approval of this amendment.
DISCUSSION:
The attached minutes of the Planning Commission meeting
summarize the discussion of this matter. The Planning
Commissioners concurred with the proposed amendment,
1:\96zoamnd\communi\96107cc.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
ISSUES:
ALTERNATIVES:
RECOMMENDATION:
ACTION REQUIRED:
REPORT
ATTACHMENTS:
1:\96zoamnd\communi\96107cc.doc
adding that the equipment shelters must be architecturally
compatible with the surrounding neighborhood.
The proposed amendment is in response to a request to
place an antenna and an equipment shelter at one of the
City's water tower sites. The proposed language is
consistent with the standardized water tower lease
agreements recently adopted by the Council. Some
additional refinement of the Zoning Ordinance may be
necessary as we receive more requests for antennae. This
amendment will address the immediate needs, and allow
the staff to further investigate this issue during the update
of the Zoning Ordinance.
1. Adopt the amendment to the Zoning Ordinance as
recommended by the Planning Commission and staff.
2. Further discuss this issue and direct the staff to provide
additional information to the City Council.
3. Deny the proposed amendment.
Adopt Alternative #1.
A motion and second to adopt the proposed ordinance.
This action requires a 4/5 vote of the Council.
1 . Proposed Ordinance
2. Planning Report dated November 12, 1996
3. ~~~l~~Q \:[96' Planning Commission
yles, City Manager
PAGE 2
CITY OF PRIOR LAKE
ORDINANCE NO. 96-
AN ORDINANCE AMENDING SECTIONS 5-1-7, 5-3-1 AND 5-5-2 OF THE
PRIOR LAKE CITY CODE AND AMENDING SECTIONS 8.1, 3.1 AND 6.2 OF
THE PRIOR LAKE ZONING ORDINANCE 83-6.
The City Council of the City of Prior Lake does hereby ordain:
Sections 5-1-7, 5-3-1 and 5-5-2 of the Prior Lake City Code and Sections 8.1, 3.1 and 6.2
of the Prior Lake Zoning Ordinance 83-6 are hereby amended to read as follows:
Section 5-1-7 and 8.1 are hereby amended by deleting the existing definition of Essential
Services, and adding the following definition:
ESSENTIAL SERVICES: Services and utilities needed for the health, safety and
general welfare of the City, such as underground, surface, or overhead electrical, gas,
telecommunications, radio communications, steam, water, sewerage, and other utilities.
Section 5-1-7 and 8.1 are hereby amended by adding the following definition:
EQUIPMENT SHELTERS: Buildings and structures usedfor the storage of equipment
related to and accessory to the furnishing of telecommunication or similar services to the
public.
Sections 5-3-1 and 3.1 is hereby amended by adding the following language (in italics):
PERMITTED USES: The permitted uses for each district are listed below. Accessory uses and
essential services are also permitted. Equipment shelters are permitted as an accessory use
subject to the provisions of Section 5-5-2 C of this Code. Massage therapy or therapeutic
massage is permitted as a use accessory to retail business (except when the retail business is
operated in conjunction with a motor fuel station) and personal service businesses in the B 1 -
Limited Business, B2 - Community Business and B3 - General Business Districts; private club-
health club in the B 1 - Limited Business, B2 - Community Business and B3 - General Business
Districts; and hospitals and clinics in the RI - Suburban Residential District, R2 - Urban
Residential District, R3 - Multiple Residential District, and B3 - General Business District.
Sections 5-5-2 and 6.2 are hereby amended by adding (C) (1-4) as follows:
(C) Equipment shelters are permitted as an accessory use to an essential service subject to
the following regulations:
16200 ~Wlf~ffIAI{l~i~~~~~ Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (6f~r~47-4245
AN EQUAL OPPORTUNITY EMPLOYER
(1) An equipment shelter shall not exceed 336 square feet in area. In the event there is
more than one such building on a parcel, the maximum area of all such structures
combined may not exceed 5% of the total lot 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 listed in Section 5-4-1, Lot and Yard
Requirements, for "Other Uses" in the A-1, R-1, R-2, R-3, R-4 and B-2 Districts, or
for "All Uses" in the B-1, B-3, 1-2 and C-1 Districts, or for "Structures" in the B-P
District.
(4) There shall be no outside storage of equipment or vehicles permitted as part of the
equipment shelter.
This ordinance shall become effective from and after its passage and publication.
Passed by the City Council of the City of Prior Lake this _ day of
, 1996.
ATTEST:
City Manager
Mayor
Published in the Prior Lake American on the _ day of
, 1996.
Drafted By:
I :\96zoamnd\communi\ord96xx.doc
PAGE 2
AGENDA ITEM:
SUBJECT:
PRESENTER:
REVIEWED BY:
PUBLIC HEARING:
DATE:
INTRODUCTION:
PLANNING REPORT
4B
PUBLIC HEARING TO CONSIDER AN AMENDMENT TO
THE ZONING ORDINANCE RELATING TO THE
TREATMENT OF COMMUNICATIONS ANTENNA AND
EQUIPMENT SHELTERS (Case File #96-107)
JANE KANSIER, PLANNING COORDINATO~
DONALD R. RYE, PLANNING DIRECTOR U
-X- YES _ NO
NOVEMBER 12, 1996
The purpose of this public hearing is to consider an amendment to the Zoning
Ordinance as it relates to the treatment of communications antennas and support
buildings. The amendment has several parts. First of all, the existing definition of
Essential Services is broadened to include telecommunications as a utility. Secondly I a
definition of "Equipment Shelters" is proposed. Finally, the amendment addresses the
standards for the construction of equipment shelters.
BACKGROUND:
The telecommunications industry is expanding rapidly, and several companies have
approached the City with requests to utilize existing water tower sites for the antennae
and other equipment needed to provide this service. The City of Prior Lake currently
has two such lease agreements, with antennae on the Prior South water tower and on
the water tower located at Crest Avenue and CSAH 42. The City Council recently
adopted a standardized water tower antennae agreement to address the requests for
use of the water tower. However, a recent review of the Zoning Ordinance indicated we
have no provision allowing the equipment shelters often associated with the antennae.
The purpose of the proposed amendment is to address the equipment shelters.
DISCUSSION:
The current definition of "Essential Services" is very narrow and includes only gas,
electric, steam, and water and sewer utilities. The proposed amendment is expanded to
include several other utilities. This amendment reads as follows:
ESSENTIAL SERVICES: Services and utilities needed for the health, safety and
general welfare of the City, such as underground, surface, or overhead electrical,
16200 ~gg~J'efJ>& Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (6~~r41t7-4245
AN EQUAL OPPORTUNITY EMPLOYER
gas, telecommunications, radio communications, steam, water, sewerage, and
other utilities.
The second part .of the amendment adds a definition of "Equipment Shelters" as follows:
EQUIPMENT SHELTERS: Buildings and structures used for the storage of
equipment related to and accessory to the furnishing of telecommunication or
similar services to the public.
The Zoning Ordinance currently has no definition or provisions for equipment shelters.
The proposed amendment will define these buildings and the use. Section 5-3-1 of the
Zoning Ordinance must also be changed to list equipment shelters as a permitted use.
This is accomplished by adding a sentence stating "Equipment shelters are permitted
as an accessory use subject to the provisions of Section 5-5-2 C of this Code" to
the permitted use section. The third part of the amendment actually lists the standards
for equipment shelters. These standards include provisions for size, exterior finish and
location. The standards proposed will be included in the accessory uses section of the
Code and are listed below:
(C) 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. In the
event there is more than one such building on a parcel, the maximum
area of all such structures combined may not exceed 5% of the total lot
area.
(2) Exterior building materials for equipment shelters shall be brick or a
material which simulates the appearance of a brick fascia.
(3) Equipment shelters must meet the setbacks listed in Section 5-4-1, Lot
and Yard Requirements, for "Other Uses" in the A-1, R-1, R-2, R-3, R-4
and B-2 Districts, or for "All Uses" in the B-1, B-3, 1-2 and C-1 Districts,
or for "Structures" in the B-P District.
(4) There shall be no outside storage of equipment or vehicles permitted
as part of the equipment shelter.
ALTERNATIVES:
1. Recommend the Council approve the amendments as proposed, or with changes
specified by the Planning Commission.
2. Recommend the Council deny the proposed amendments.
3. Table or continue discussion of the item for specific purpose.
RECOMMENDATION:
The staff recommends alternative #1.
96107pc.doc
Page 2
ACTION REQUIRED:
A motion and second recommending approval of the proposed amendments.
REPORT ATTACHMENTS:
1. Draft Ordinance Language
2. Hearing Notice
3. Approved "Water Tower Antenna Agreement"
96107pc.doc
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Page 3
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CITY OF PRIOR LAKE
ORDINANCE NO. 96-
AN ORDINANCE AMENDING SECTIONS 5-1-7, 5-3-1 AND 5-5-2 OF THE
PRIOR LAKE CITY CODE AND AMENDING SECTIONS 8.1, 3.1 AND 6.2 OF
THE PRIOR LAKE ZONING ORDINANCE 83-6.
The City Council of the City of Prior Lake does hereby ordain:
Sections 5-1-7, 5-3-1 and 5-5-2 of the Prior Lake City Code and Sections 8.1, 3.1 and 6.2
of the Prior Lake Zoning Ordinance 83-6 are hereby amended to read as follows:
Section 5-1-7 and 8.1 are hereby amended by deleting the existing definition of Essential
Services, and adding the following definition:
ESSENTIAL SERVICES: Services and utilities needed for the health, safety and
general welfare of the City, such as underground, surface, or overhead electrical, gas,
telecommunications, radio communications, steam, water, sewerage, and other utilities.
Section 5-1-7 and 8.1 are hereby amended by adding the following definition:
EQUIPMENT SHELTERS: Buildings and structures used for the storage of equipment
related to and accessory to the furnishing of telecommunication or similar services to the
public.
Sections 5-3-1 and 3.1 is hereby amended by adding the following language (in italics):
PERMITTED USES: The permitted uses for each district are listed below. Accessory uses and
essential services are also permitted. Equipment shelters are permitted as an accessory use
subject to the provisions of Section 5-5-2 C of this Code. Massage therapy or therapeutic
massage is permitted as a use accessory to retail business (except when the retail business is
operated in conjunction with a motor fuel station) and personal service businesses in the B 1 _
Limited Business, B2 - Community Business and B3 - General Business Districts; private club-
health club in the B 1 - Limited Business, B2 - Community Business and B3 - General Business
Districts; and hospitals and clinics in the RI - Suburban Residential District, R2 - Urban
Residential District, R3 - Multiple Residential District, and B3 - General Business District.
Sections 5-5-2 and 6.2 are hereby amended by adding (C) (1-4) as follows:
draftord.doc
PAGE I
(C) 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. /n the event there is
more than one such building on a parcel, the maximum area of all such structures
combined may not exceed 5% of the total lot area.
(2) Exterior building materials for equipment shelters shall be brick or a material which
simulates the appearance of a brick fascia.
(3) Equipment shelters must meet the setbacks listed in Section 5-4-1, Lot and Yard
Requirements, for "Other Uses" in the A-1, R-1, R-2, R-3, R-4 and B-2 Districts, or
for "All Uses" in the B-1, B-3, /-2 and C-1 Districts, or for "Structures" in the B-P
District.
(4) There shall be no outside storage of equipment or vehicles permitted as part of the
equipment shelter.
This ordinance shall become effective from and after its passage and publication.
Passed by the City Council of the City of Prior Lake this _ day of
, 1996.
ATTEST:
City Manager
Mayor
Published in the Prior Lake American on the _ day of
, 1996.
Drafted By:
draftord.doc
PAGE 2
NOTICE OF PUBLIC HEARING TO CONSIDER AN AMENDl\tIENT TO
SECTION 5-3-1 OF THE CITY CODE AND TO SECTION 3.1 OF THE PRIOR
LAKE ZONING ORDINANCE RELATING TO THE TREATMENT OF
COMl\tIUNICATION ANTENNAS AND SUPPORT BUILDINGS
You are hereby notified that the Prior Lake Planning Commission will hold a public
hearing at Prior Lake Fire Station #1, located at 16776 Fish Point Road SE (Southwest of
the intersection of C.R. 21 and Fish Point Road), on Tuesday, November 12, 1996, at
7:00 p.m. or as soon thereafter as possible. The purpose of the public hearing is to
consider an amendment to Section 5-3-1 of the City Code and to Section 3.1 of the
Zoning Ordinance relating to the treatment of communication antennas and support
buildings.
If you wish to be heard in reference to this item, you should attend the public hearing.
Oral and written comments will be considered by the Planning Commission. If you have
questions regarding this matter, please contact the Prior Lake Planning Department at
447-4230 between the hours of 8:00 a.m. and 4:30 p.m. Monday through Friday.
Prepared this 23rd day of October, 1996 by:
Jane Kansier
Planning Coordinator
City of Prior Lake
TO BE PUBLISHED IN THE PRIOR LAKE AMERICAN ON OCTOBER 26, 1996
1:\96zoamnd\communi\96I 07pn.doc
16200 Eagle Creek Ave. S.E.. Prior Lake. Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
A0i EQGAL OPPORTL':'-iITY E\IPLOYEK.
WATER TOWER ANTENNAE AGREEMENT
THIS AGREEMENT is made and entered into this day of ,
1996, by and between the CITY OF PRIOR LAKE, MINNESOTA, a Minnesota municipal
corporation (hereinafter referred to as the "City "), and
a corporation (hereinafter referred to as "COMl."IUNICATIONS COMPANY").
RECIT ALS
A. The City is the fee owner of certain land located in Scott County, Minnesota
legally described on Exhibit A attached hereto (hereinafter referred to as the "Property").
B. Located on the Property is a municipal water tower owned, operated and
maintained by the City (hereinafter referred to as the "Water Tower").
C. COMMUNICATIONS COMPA1~Y desires to install, operate and maintain a
single facility, consisting of a total of twelve (12) antennae, used for the transmission and
reception of radio communication signals in such frequencies as may be assigned by the Federal
Communication Commission (hereinafter referred to as the "Antennae "), and to provide for the
storage of related equipment (hereinafter referred to as the "Equipment") in accordance with the
terms of this Agreement.
D.
Tower.
The parties desire to enter into this Agreement relating to the use of the Water
AGREEl\1IENTS
NOW, THEREFORE, in consideration of the foregoing recitals and for other good,
valuable and fair consideration, the receipt and sufficiency of which is hereby acknowledged,
the parties agree as follows:
1. Authorization to Use Water Tower Space. The primary purpose of the City's
ownership of the Property is to: (a) operate and maintain a municipal water tower so as to
provide water service to residents of Prior Lake; and (b) to provide governmentally related
communication systems for the City of Prior Lake. Subject to the terms of this Agreement, the
City authorizes COMMUNICATIONS COMP A1~Y' s non-exclusive use of a certain portion of
the Property, which is legally described on Exhibit A attached hereto, subject to any and all
existing easements and restrictions not inconsistent with the rights granted hereunder for the
purposes described in Paragraph 4 of this Agreement, including the installation, operation, and
maintenance of the Antennae and the storage of the Equipment. The location on the Water
Tower where COMMUNICATIONS COMP A1~Y is authorized to install the Antennae and the
location of the Equipment Shelter ("Site Plan") on the Property are depicted on Exhibit B
attached hereto.
2. Term. The term of this Agreement shall begin on January 1, 1997, subject to
satisfaction of the conditions described in Exhibit C, and end at midnight on December 31, 2001
("Initial Term"). C01v1MUNICATIONS COMPANY shall have the right to extend the Initial
43517
1
term of this Agreement for three (3) additional five (5) year terms ("Renewal Term"), subject
to the provisions of paragraph 5, and provided that it gives City written notice of its intention
to extend at least sixty (60) days prior to the expiration of the then-existing term.
3. Rent and Comt;)ensation.
A. Initial and Renewal Tenn. Beg~.nning on December 31, 199 _ and on each
December 31st during the Initial Term, rent shall be paid, in one payment, by
COMMUNICATIONS COMPANY to the City in the annual amount of $
Thereafter, the annual rent for each Renewal Term shall increase by fifteen percent (15 % ).
B. Suoplementarv Eauipment. On the Commencement Date of the Lease,
COMMUNICATIONS COMPANY agrees to provide the City the following supplementary
equipment, all of which are at the cost and expense of COMMUNICATIONS COMP A1~Y:
a) Three (3) Ultra portable telephones.
b) Three (3) additional batteries.
c) Three (3) 12 volt adapters.
At the commencement date of each renewal term, COrvIMUNICATIONS COMPANY
shall replace, at COMNIUNICATIONS COlvIPANY's sole cost, the above described cellular
equipment with three (3) similar and cost effective telephones of comparable value.
C. Eauipment Shelter. In addition to the rental terms and payments provided for
above, COlvIMUNICA TIONS COrvfPANY shall pay City a one-time non-refundable fee of
Twelve Thousand Five Hundred Dollars ($12,500.00) as compensation for
COMMUNICATIONS COMPANY's use of a portion of the Property for a building
("Equipment Shelter") for the storage of Equipment related to the Antennae. Exhibit D depicts
the size, location and configuration of the Equipment Shelter on the Property.
COM1'!UNICATIONS COMPANY's use of the Equipment Shelter shall be exclusive. The
exterior finish of the building must be brick or a material which simulates the appearance of a
brick fascia. The building construction plan shall be submitted in accordance with City policy
and design and zoning criteria and subject to the review and approval of the City of Prior Lake
before construction. The appearance of the Equipment Shelter shall match the existing
Equipment Shelter depicted in Exhibit D . COMMUNICATIONS COMP A1~Y shall provide for
and be responsible for all utility services used by CO:NL\1UNICA TIONS COMPANY and the
maintenance of the Equipment Shelter. COMMUNICATIONS COMPA1~Y shall be entitled to
the exclusive use of the Equipment Shelter during the Initial Term and during Renewal Terms.
4. Use.
A. COMMUNICATIONS COMPA1~Y may use the Property and the Water Tower
solely for the purpose of constructing, installing, removing, replacing, maintaining, and
operating the Antennae, subject to such modifications and alterations as may result from changes
or improvements in technology. Prior to COMMUNICATIONS COMPANY installing,
subsequently modifying, or removing the Antennae and the Equipment it shall provide written
notice to the City, along with copies of the plans and specifications of the work. The City shall
have the right to approve the manner of installation and the location on the Water Tower where
435 17
2
COMMUNICATIONS CaMP ANY installs the Antennae, which approval shall not be
Unreasonably withheld or delayed. COMMUNICATIONS CO~fP ANY shall not install any
subsequent antennae (beyond the original twelve (12)) without negotiating a written addendum
to this Agreement, which addendum shall include an increase in the annual rental fee.
B. COMMUNICATIONS COMP.t\NY shall store all Equipment related to the Antennae
in the Equipment Shelter.
C. City will not in any way be responsible for the Antennae, the related Equipment, the
Equipment Shelter, or any personal property actually placed on the Property or in the Equipment
Shelter or installed on the Water Tower by COMMUNICATIONS COMPANY.
D. The Antennae and the related Equipment shall remain the propeny of
COMMUNICATIONS COMPANY, subject to the terms of Paragraphs 7 and 8.
E. The City shall provide COMMUNICATIONS COlVIP,ANY with twenty-four (24)
hour, seven (7) day a week, year-around access to the Property and to the Water Tower, subject
to the City's right to limit access to the Water Tower in cases of emergency or at times when
the City is conducting repairs or maintenance on the Water Tower. The City shall use
reasonable effortS to minimize the disruption of COMMUNICATIONS COrvlP ANY's access to
the Water Tower, in responding to any such emergencies and performing such maintenance and
repairs. The City will be entitled to reimbursement from COM~lUNICA TIONS COlVIP ANY
if City incurs any costs associated with providing CONl1'IUNICA TIONS COrvlP ANY access to
Water Tower, Property or Equipment Shelter except in those cases where cost is incidental to
City obtaining access for its own purposes unrelated to Co Nli"lUNICA TIONS COMPANY's use
of Antennae, Water Tower and Equipment Shelter. Notwithstanding the foregoing, "access"
does not require or impose upon the City an affrrmative duty to snowplow in order to provide
"access" to the Property or to the Water Tower. The City shall not be responsible in damages
or otherwise for interruption in COMMUNICA nONS COlVIP ANY services where the
interruption is due to an emergency or performance of maintenance and repairs on the Water
Tower.
F . COMMUNICATIONS COMP AJ.~Y shall take all steps necessary to prevent any
mechanics' or materialmen's liens from being placed on the Property as a result of
COMMUNICATIONS COMPANY's use of the Water Tower, Propeny and Equipment Shelter,
and specifically indemnifies the City from such liens.
G. The color of the Antennae and any Equipment placed on the Water Tower shall
match the color of the Water Tower.
H. COMMUNICATIONS COMPANY shall pay all personal and real propeny taxes
assessed against the Antennae, related Equipment andlor Equipment Shelter. If any such
improvements constructed on the Property should cause part of the Propeny to be taxed for real
estate purposes, it shall be the liability of COMMUNICATIONS COMPANY to pay such
property taxes.
I. The City represents and warrants to COMMUNICATIONS COMP A.l~y that
COMMUNICATIONS COMPANY shall enjoy ingress, egress, and access from an open and
43517
3
improved public road to the Property adequate to service the Property and the Equipment Shelter
at all times during this Agreement and at no additional charge to COMMUNICATIONS
COMP AJ.'TY . Any access easements rented to COMlVIUNICA TIONS COMP ANY shall
terminate upon termination of this Water Tower Antennae Agreement and CONIMUNICA TIONS
COMP .A1'TY agrees to execute any and all documents necessary to remove the easement from
the Property.
5. Maintenance of Antennae: Modification. CONIMUNICATIONS COMPANY shall
maintain the Antennae, Equipment, and Equipment Shelter in good condition at all times, at its
sole cost and expense. COMMUNICATIONS COMPANY shall conduct all repair, replacement
and maintenance operations in accordance with applicable OSHA regulations or such other
occupational and safety regulations pertaining to such operations. Every five (5) years from the
commencement date of this Agreement, COMNIUNICATIONS COMPANY shall have the
Antennae and Water Tower inspected by a Registered Civil Engineer and provide the City with
a copy of the inspection report. If COMMUNICATIONS COMP Al"'fY fails to do so, and such
failure creates a risk of damage or injury to persons or propeny (as determined in the reasonable
discretion of the City), the City may take such steps as it determines to be necessary to protect
persons or property; including removal of the Antennae and the Equipment.
COMMUNICA.TIONS COMP.Al"'fY shall reimburse the City for any costs incurred in connection
with assuring compliance with the provisions of this paragraph; including any costs of restoring
the Water Tower and the Property to their original condition. If COMNIUNICA.TIONS
COMP A1"'fY fails to pay the City for such costs within thirty (30) days of a demand by the City
for payment, the City at its election may terminate this Agreement and retain the total payment
of the current years rent. These remedies are nonexclusive, and the City expressly reserves its
rights to pursue any available legal or equitable remedies.
6. Utilities. COMNIUNICA TIONS COMP~6u"'fY shall separately meter and pay all
electric and other utility services that are associated with the use of the Property, the Water
Tower, and the Equipment Shelter. The City agrees to cooperate with COMMUNICATIONS
COMP .A1"'fY in its efforts to connect the Antennae and Equipment to existing utility service at
COMMUNICATIONS COMPANY's expense. The City makes no representation or warranty
regarding the availability of electric or other utility service to the Water Tower or the Equipment
Shelter. COMMUNICATIONS COMPi\J.~Y shall have the right to install utilities, at
COMMUNICATIONS CONIPANY's expense, and to improve the present utilities on the
Property including, but not limited to the installatior. of emergency power generators within the
Equipment Shelter. The City shall not be liable, and CO~INIUNICA TIONS CaMP ANY waives
any and all claims against the City, for any interruption of electrical or other utility services
Property, Antennae or Equipment Shelter.
7. Removal of Antennae and Equipment.
A. COMMUNICATIONS COMPANY shall remove the Antennae and all personal
property and trade fIXtures at its own cost and expense upon the expiration of the term of this
Agreement, any earlier termination of this Agreement as provided herein, or any Renewal Term.
COMMUNICATIONS COMPi\NY shall, at its sole cost and expense, return the Water Tower
and the Property to the condition it was in prior to the commencement of this Agreement,
normal wear and tear excepted. In the event COMMUNICATIONS COMPANY fails to so
remove any component of the Antennae, the Equipment, or both, or to return the Water Tower
43517
4
and the Property to their original condition, within thirty (30) days of the termination of this
Agreement, then the City shall have the right to remove the Antennae or Equipment at
COMM:UNICATIONS COMPANY's sole cost and expense. If COMMUNICATIONS
COMPANY fails to reclaim the Antennae or Equipment with thirty (30) days' notice from the
date of removal by the City, said Antennae and Equipment shall without further notice be
deemed abandoned. No Antennae or Equipment will be released by the City to
CO:MMUNICATIONS COMPANY until COMMUNICATIONS CONIPA.1~Y has reimbursed
the City for all expenses related to removing the Antennae and the Equipment and returning the
Property and the Water Tower to their original condition. .
B. Upon the termination of this Agreement, without regard to the cause for such
termination, all right, title and interest in and to the Equipment Shelter shall be vested with the
City. Upon such termination, and at the election of the City the Equipment Shelter shall either
remain upon the Property in the location depicted on Exhibit D or at the sole expense of the
COMMUNICATIONS COIvIP ANY be removed and the Property returned to its original
condition.
8. Termination.
A. Except as otherwise provided herein, this Agreement may be terminated by either
parry upon sixty (60) days' written notice to the other party, only as follows:
(a)
(b)
(c)
43517
by either party upon default of any covenant or term hereof by the other
party, which default is not cured within sixty (60) days of receipt of
written notice of default to the other party (without, however, limiting any
other rights of the panies pursuant to any other provisions hereof);
by COMMUNICA nONS COIvIP A1~Y for cause if it is unable to obtain
or maintain any license, permit, or other governmental approval necessary
for the construction and/or operation or use of the Property and the Water
Tower as a transmission facility and Equipment Shelter;
by COMMUNICATIONS COIvIP ~~Y for cause if the Property is or
becomes unacceptable for technological reasons under
COMMUNICATIONS COMP A1~Y' s design or engineering specifications
for its Antennae or related Equipment;
(d)
by the City if CONWUNICA TIONS CONIP ANY fails to tender the
annual rental payment within fifteen (15) business days of the
commencement date of each year;
(e)
by the City if it determines, after consultation with a licensed structural
engineer that the Water Tower is structurally unsound for use as a water
tower, for any reason including but not limited to considerations related
to the age of the structure, damage to or destruction of all or part of the
Water Tower or the Property from any source, or factors relating to the
condition of the Property;
5
(t) by the City, if its City Council decides, for any reason, to discontinue use
of the Water Tower for all purposes, in which event
COMMUNICATIONS COMPANY shall not be entitled to compensation
in any form for any reason as a result of the City's exercising its rights
under this subparagraph; or
(g) by COMMUNICATIONS COMP.WY if City causes electrical utility
services to be interrupted for a period of more than thirty (30) days.
B. If City terminates this Agreement other than as of right as provided in this
Agreement, or City causes interruption of the business of COMMUNIC.A TIONS COMPANY
or for any other City breach of this Agreement, City's liability for damages to
COMMUNICATIONS COMPANY shall be limited to the actual and direct costs of Equipment
removal, relocation or repair and shall specifically exclude any recovery for value of the
business of COMMUNICATIONS COMPANY as a going concern, future expectation of profits,
loss of business or profit or related damages to COJ\tHvlUNICATIONS COMPANY.
9. Non-Exclusive Use. Upon paying the rent as required herein,
COMMUNICATIONS COMPAl"iY shall have the right to the non-exclusive use of the Water
Tower and Property as permitted in this Agreement. The City shall not be responsible for any
interference which impairs the quality of the communication services being rendered by
COMMUNICATIONS CONIPAJ.~Y from the Antennae.
10. Interference Caused Bv Antennae. COlVrMUNICATIONS COMP.WY's
Equipment shall be installed and operated in a manner which does not cause interference or
otherwise impair the quality of the communication services being rendered by the following
higher priority users: (1) City; (2) public safety agencies including law enforcement, fire, and
ambulance services, that are not pan of the City; and (3) other governmental agencies where use
is not related to public safety.
11. Interference with Antennae Ooerations.
A. Temoorarv Interru~tions of Service. If the City determines that continued
operation of the Antennae would cause or contribute to an immediate threat to public health
and/ or safety (except for any issues associated with human exposure to radio frequency
omissions, which is regulated by the federal government), the City may order
COlVIMUNICATIONS COMPANY to discontinue its operation. COMMUNICATIONS
COMPANY shall immediately comply with such an order. Service shall be discontinued only
for the period that the immediate threat exists. If the City does not give prior notice to
COMMUNICATIONS COMPANY, the City shall notify COlVIlVIUNICATIONS COMPANY
as soon as possible after its action and give its reason for taking the action. The City shall not
be liable to COMMUNICATIONS COMPANY or any other pany for any interruption in
COMMUNICATIONS COMPANY's service or interference with COMMUNICATIONS
COMPANY's operation of its Antennae, Equipment or Equipment Shelter, except as may be
caused by the negligence or willful misconduct of the City, its employees or agents. In any
event, the City's liability shall not extend beyond the obligation to repair the cause of the
interruption or interference. If the discontinuance extends for a period greater than three (3)
business days, COMMUNICATIONS COMPA1~Y's sole remedy shall be have the right to
43517
6
terminate this Agreement within its sole discretion.
B. With Structure. COMMUNICATIONS COMPANY shall not interfere with City's
use of the Water Tower or Property and agrees to cease all such actions which unreasonably and
materially interfere with City's use thereof no later than three (3) business days after receipt of
written notice of the interference from City. In the event that COrvIMUNICA nONS
CaMP Al'lY' s cessation of action is material to COM1'IUNICA nONS COrvIP ANY's use of the
Water Tower and Property and such cessation frustrates COMMUNICATIONS COMPAi'lY's
use of the Water Tower and Property, within CONL'vIUNICATIONS COMPANY's sole
discretion, COMMUNICATIONS COMPANY shall have the immediate right to terminate this
Agreement.
C. With Hhzher Priority Users. If COMMUNICATIONS COMPANY's Equipment
causes impermissible interference with the panies identified in paragraph 10 above or with pre-
existing tenants, COMMUNICATIONS COMPANY shall take all measures necessary to correct
and eliminate the interference. If the interference cannot be eliminated within 48 hours after
receiving City's written notice of the interference, CO~fNIUNICA TIONS CO~fP ANY shall
immediately cease operating its Antennae and shall not reactivate operation, except intermittent
operation for the purpose of testing, until the interference has been eliminated. If the
interference cannot be eliminated within 30 days after CONfMUNICA TIONS CONfP ANY
received City's written notice, City may at its option terminate this Agreement immediately.
D. Interference Studv - New Occupants. Upon written notice by City that it has a
bona fide request from any other pany to lease an area including or in close proximity to the
Water Tower and Property, COMMUNICATIONS COMPAJ.'lY agrees to provide City, within
twenty (20) days, the radio frequencies currently in operation or to be operated in the future of
each transmitter and receiver installed and operational on the Water Tower and Property at the
time of such request. City may then have an independent registered professional engineer of
City's choosing perform the necessary interference studies to determine if the new applicant's
frequencies will cause harmful radio interference to CO~IMUNICA TIONS COMPANY. City
shall require the new applicant to pay for such interference studies. City agrees that it will not
grant a future lease in the Water Tower and Property to any party who is of equal or lower
priority to COM1'IUNICATIONS COMPA1'lY, if such party's use is reasonably anticipated to
interfere with COMMUNICATIONS COMPANY's operation of its Antennae or Equipment.
12. Future Development. COMMUNICATIONS CO~IPANY understands and
acknowledges that the City may utilize the Property for public use at some future date, and that
the design and manner of such use shall be in the sole discretion of the City. In the event that
City undertakes such use, then the City and COMMUNICATIONS COMPANY agree to
cooperate with one another as necessary to facilitate both panies use of the Property.
13. Indemnity .
A. General. COMMUNICATIONS COMPANY agrees to defend, indemnify and
hold harmless City and its elected officials, officers, employees, agents, and representatives,
from and against any and all claims, costs, losses, expenses, demands, actions or causes of
action, including reasonable attorneys' fees and other costs and expenses of litigation, which may
be asserted against or incurred by the City or for which the City may be liable in the
43517
7
performance of this Agreement, except those which arise solely from the negligence, willful
misconduct, or other fault of the City . COMMUNICATIONS COMP Al'lY shall defend all
claims arising out of the installation, operation, use, maintenance, repair, removal, or presence
of COM1vlUNICATIONS COMPANY's Antennae, Equipment and related facilities on the
Property .
l.
"'"
B. Hazardous Materials. City represents that City has no knowledge of any
substance, chemical, or waste on the Property that is identified as Hazardous Materials, toxic
or dangerous in any applicable federal, state or local law or regulation. Without limiting the
scope of Subparagraph 13(A) above, COMMUNICA nONS CO~fP Al'lY will be solely
responsible for and will defend, indemnify, and hold the City, its agents, and employees
harmless from and against any and all claims, costs, and liabilities, including attorney's fees and
costs, arising out of or in connection with the cleanup or restoration of the Water Tower and
Property associated with COMMUNICATIONS COl\tfPANY's use of Hazardous Materials. For
purposes of this Agreement, "Hazardous Materials" shall be interpreted broadly and specifically
includes, without limitation, asbestos, fuel, batteries or any hazardous substance, waste, or
materials as defmed in any federal, state, or local environmental or safety law or regulations
including, but not limited to, CERCLA.
C. COMMUNICATIONS COMPANY's Warranty. COl\tIMUNICATIONS
COMPAl~Y represents and warrants that its use of the Water Tower, Property and Equipment
Shelter will not generate and COl\tINIUNICA TIONS COMPANY will not store or dispose of on
the Property, nor transport to or over the Water Tower or Property, any Hazardous l\tIaterials,
unless COMMUNICA TrONS COl\tIP ANY specifically informs the City thereof in writing
twenty-four hours prior to such storage, disposal or transport, or otherwise as soon as
COl\tlMUNICA TIONS COl\tIP A1~Y becomes aware of the existence of Hazardous Materials on
the Property. The obligations of this paragraph 13 shall survive the expiration or other
termination of this Agreement.
14. Dama2:e to the Water Tower or to the Prooertv. COl\tI1'IUNICATIONS
COMP A1~Y' s installation, operation, maintenance, modification, and removal of the Antennae
and Equipment shall not damage or interfere in any way with the Property or the Water Tower
operations or related repair and maintenance activities. If the activities of COMMUNICATIONS
COMPANY, or those of its agents, representative, employees, contractors, or subcontractors,
cause such damage or interference, COMlvIUNICA TIONS COMP Ai.~Y will cure damage or
interference within thirty (30) days after receipt of written notice. If COMMUNICATIONS
COMP Al'lY fails to cure such damage or interference, the City without further notice may take
such steps as it deems necessary to repair the damage or remedy the interference, at the sole cost
and expense of COM1-1UNICATIONS COMPANY.
15. Casualty. If any portion of the Property, Water Tower or Antennae is damaged
by any casualty and such damage materially and adversely affects COl\tIMUNICA TIONS
COMPANY's use of the Water Tower or Property, COMMUNICATIONS COl\tIPANY may
give thirty (30) days' notice of its intention to terminate this Agreement. Such notice must be
given within fifteen (15) days of notice of the casualty. If the Agreement is terminated under
the provisions of this paragraph, the COMMUNICATIONS COMP Ai.'lY shall not be entitled to
retain any portion of the annual rental.
43517
8
16. Ouiet Eniovment. COMl\1UNICATIONS COMPANY, upon paying the rent,
shall peaceably and quietly have, hold and enjoy the Property and Water Tower. If, as of the
date of execution of this Agreement or hereafter, there is any mortgage, or other encumbrance
affecting the City's Property or Water Tower, then City agrees to obtain from the holder of such
encumbrance an Agreement that COMMUNICATIONS COMPAJ.'lY shall not be disturbed in
its possession, use and enjoyment of the Property and Water Tower. The City shall not cause
or permit any use of the Property which interferes with or impairs the quality of the
communication services being rendered by COMMUNICATIONS COMPAi'lY from the
Property .
17. Insurance.
A. As long as this Agreement is in effect, COrvIMUNICA TIONS COMPANY shall
maintain a general liability insurance policy that provides coverage for the Property and the
Water Tower from any damage to property or injuries to persons. Said insurance policy shall
provide coverage on an occurrence basis in an amount no less than Two NIillion Dollars
($2,000,000), and shall include contractual liability coverage to provide coverage for the
indemnification provision in paragraph 13 of this Agreement. Said insurance policy shall list
the City as an additional insured party. Said policy shall contain a clause that provides that the
insurer will not cancel, non-renew, or materially change the policy without frrst giving the City
thirty (30) days prior written notice. COMMUNICATIONS COMPANY shall provide the City
with a Certificate of Insurance for said policy which specifically details the conditions of the
paragraph. COMNfUNICA TIONS COMP A1~Y shall also maintain fITe and extended coverage
insurance insuring COMMUNICi\TIONS COMP1\1~Y'S personal property for its full insurable
value (subject to reasonable deductibles).
B. Notwithstanding anything in this Agreement to the contrary, each party releases
the other party from all liability , whether for negligence or otherwise, in connection with a loss
covered by any policies which the releasing party carries with respect to the Property, including
the Antennae and Equipment Shelter, but only to the extent that such loss is collected under such
insurance policy(s). Any policy required to be obtained pursuant to this Paragraph 17 shall
contain a Waiver of Subrogation in favor of the other party to this Agreement.
C. COM1'llJNICA TIONS COMPANY shall provide City with proof of workers'
compensation insurance covering all of COMMUNICATIONS COMPA1~Y's employees and
agents who access the Property.
18. Condition of PropertY. COMMUNICATIONS COMPANY acknowledges that
the City makes no representations or warranties regarding the suitability of the Property or the
Water Tower for COMMUNICATIONS COMPANY's intended use under this Agreement. City
represents that the Water Tower and Property are in compliance with all building and other
life/ safety codes.
19. Condemnation. In the event the whole of the Property is taken by eminent
domain, this Agreement shall terminate as of the date title to the Property vests in the
condemning authority. In the event a portion of the Property is taken by eminent domain, either
party shall have the right to terminate this Agreement as of said date of title transfer, by giving
thirty (30) days' written notice to the other party. In the event of any taking under the power
43517
9
of eminent domain, COMMUNICATIONS COl\1P ANY shall not be entitled to any portion of
the reward paid for the taking and the City shall receive full amount of such award.
COMMUNICATIONS COMP Al'iY hereby expressly waives any right or claim to any portion
thereof. Although all damages, whether awarded as compensation for diminution in value of the
leasehold or to the fee of the Property, shall belong to City, COMl\1UNICA nONS COrvIPi\NY
shall have the right to claim and recover from the condemning authority, but not from City, such
compensation as may be separately awarded or recoverable by COM1\1UNICATIONS
COMP ANYon account of any and all damage to COMMUNICA nONS COMP 4-\1'iY' s business
and any costs or expenses incurred by City in moving/removing its Antennae, Equipment or
personal property. Sale of all or pan of Water Tower or Property to a purchaser with power
of eminent domain in the face of the exercise of the private, shall be treated as a taking by
condemnation.
20. Waiver. Except as otherwise provided in this Agreement, the rights and remedies
of the parties to this Agreement, whether provided by law or by this Agreement shall be
cumulative, and the exercise by either pany of anyone or more of such remedies shall not
preclude the exercise by it, at the same or different times, of any such remedies for the same
default or breach of any of its remedies for any other default or breach or of any of its remedies
for any other default or breach by the other party. No waiver made by either such parry with
respect to the performance, or manner of time thereof, or any obligation under this Agreement
shall be considered a waiver of any rights of the party making the. waiver with respect to the
particular obligation of the other party or condition to its own obligation beyond those expressly
waived in writing and to the extent thereof, or a waiver in any respect in regard to any other
rights of the parry making the waiver of any other obligation of the other pany. Delay by a
party hereto in instituting or prosecuting any cause of action or claim hereunder shall not be
deemed a waiver of any rights hereunder.
21. Miscellaneous.
A. Whole A2:reement: ~fodification: This Agreement contains all of the terms and
conditions relating to the rights granted herein, and replaces any oral agreements or other
negotiations between the parties relating to the Agreement. No modifications to this Agreement
shall be valid unless and until they have been placed in writing and signed by both panies
hereto.
B. Severabilitv: If any term of this Agreement is found to be unenforceab le or
invalid by a court of competent jurisdiction, such unenforceability or invalidity shall not affect
the remaining terms of this Agreement, which shall continue in full force and effect.
C. Authoritv: Each party represents and warrants that it has full authority to enter
into and to sign this Agreement.
D. Counterparts: The parties may sign this Agreement in counterparts.
E. Binding Effect: The terms, conditions, representation and covenants of this
Agreement shall extend to and bind the heirs, personal representatives, successors and assigns
of the City and COMMUNICATIONS COMPANY.
43517
10
F. AssisHunent and Dele2ation:
(a) Bv COMMUNICATIONS COMPANY: Except for COMi\1UNICATIONS
COMP .ANY's affiliates or subsidiaries, CONIMUNICA nONS CONfP.ANY may
not assign or pledge its rights or delegate its duties under this Agreement without
the City's prior written consent, which consent the City shall not unreasonably
withhold. For purposes of this Section, an "affiliate" means an entity that
controls, is controlled by, or is under common control with
CONIMUNICA TIONS COMPANY. No assignment or delegation shall release
COMMUNICATIONS COlVIPANY from any of its obligations arising under this
Agreement.
(b) Bv the Citv: The City may freely assign its rights and delegate its duties
under this Agreement to a joint powers organization of which it is now a
member, or to any such organization to which it may become a member during
the term of this Agreement.
G. Notices: Notices shall be in writing and personally delivered, sent by United
States Mail, postage prepaid, certified or registered with retUrn receipt requested or by any
nationally recognized overnight courier service to the following:
If to City:
City of Prior Lake
ATTN: City Manager
With a Copy to:
Suesan Lea Pace
Campbell, Knutson, Scott & Fuchs, P.A.
1380 Corporate Center Curve
317 Eagandale Office Center
Eagan, MN 55121
If to
ATTN:
Department
With a Copy to:
A TIN: Real Estate Department
H. Estoo1?el Certificate: Each party agrees to furnish to the other, within ten (10)
days after request, such truthful estoppel infonnation as the other may reasonably request.
1. Governinsz Law: This Agreement shall be construed in accordance with the laws
of the State of Minnesota.
435 17
11
,--"~-~,.,,-....-,......,......,,..'"'_...................-.--...._-~._""'."".~'""_..~..._"..~.~,.'"-..----~~.~.'.,-..~'~-""
'!'
J. Broker. If either party is represented by a real estate broker in this transaction,
that party shall be fully responsible for any fee due such broker, and shall hold the other party
harmless from any claims for commission by such broker.
K. Memorandum of Lease. City agrees to cooperate with CONIMUNICATIONS
COMPANY in executing any documents (including a Memorandum of Lease) necessary to
protect COMMUNICATIONS COMPANY's rights hereunder or COM1'fUNICATIONS
COMPANY's use of the Water Tower, Property or Equipment Shelter.
L. Headin~s. Headings at the beginning of paragraphs herein are for convenience
of reference, shall not be considered pan of this Agreement and shall not influence its
construction.
IN WITNESS HEREOF, the parties have executed this Agreement as of the date fIrst
above written.
CITY OF PRIOR LAKE
Approved as to form and
execution:
By
Its Mayor
City Attorney
By
Its City Ivlanager
By
Its
By
Its
43517
12
STATE OF MINNESOTA )
)ss.
COUNTY OF SCOTT )
The foregoing instrument was acknowledged before me this _ day of ,
1996, by Lydia Andren and Frank Boyles, the Mayor and City Manager of the City of Prior
Lake, Minnesota, a municipal corporation, on behalf of the City, and pursuant to authority
granted by its City Council.
Notary Public
STATE OF MINNESOTA )
)ss.
COUNTY OF SCOTT )
The foregoing instrument was acknowledged before me this _ day of
1996, by and the and
of , a corporation, on behalf
of the corporation.
Notary Public
DRAFTED BY:
CAMPBELL, K.l'TUTSON, SCOTT
& FUCHS, P.A.
1380 Corporate Center Curve
317 Eagandale Office Center
Eagan, MN 55121
(612) 452-5000
SLP:kgm
43517
13
EXHIBIT A
to
WATER TOWER .AJ.VfENNAE AGREEl\1ENT
(Legal Description)
Pursuant to that certain Water Tower Antennae Agreement dated
between the City of Prior Lake, as Lessor and ,
as Lessee, Lessee is leasing from Lessor a certain portion of the real property owned by the
Lessor (the "Property"), which is legally described as follows:
[LEGAL]
and commonly known as
43517
14
EXHIBIT B
to
WATER TOWER AL'ITENNAE AGREEl\1ENT
(Site Plan)
43517
15
EXHIBIT C
to
WATER TOWER A.J.~NNAE AGREEl\tIENT
(Conditions Precedent)
1. All permits from all local or federal land use jurisdictions for the intended use.
2. All local airspace authorities and FAA determination of no hazard to airspace.
3. FCC authorization to utilize this location for the intended use.
4. COMMUNICATIONS COMPANY's technical reports must establish to its exclusive
satisfaction that the propeny is capable of being suitably engineered to accomplish
COMMUNICATIONS COMPANY's intended use of the Propeny.
43517 16
City of Prior Lake
Prior Lake, MN
Ph. (612)
EXHIBIT D
to
WATER TOWER ANTENNAE AGREEMENT
(Equipment Shelter)
Fax (612)
Quantity: --L
Description:
Structure:
43517
Structural Steel Skid
Floor.
Walls.
Ceil ing.
Roof.
Exterior.
17
_......_......_"_,.___"_..""-'~...~_..............__~_"._.,"_'",.&.,.....'"__~.~__"'_,...~."."'.,.".40".'.....,,,-.......^"_..,'.''''''',_.,-,.,.-.....,...,~........-
.
ere are numerous alternate designs. The only variance would be a lake
.
Mr. Perkins said he is sensitiv the neighbors' concerns. The
knowing what the perimeters ar ith cost of the lake pro it is hard to satisfy the public.
He has no qualms about redesignin ut has considered t e alternatives already . Would like
more direction.
Criego recommended a 10 foot setback on. ,
Rye explained the Commission cannot
side yard.
ordinance giving a 5 foot variance on the
MOTION BY VONHOF, S
36PC A 5 FOOT VA
SHADY BEACH
VARIANCE T
RATHER T
DWELL
.
.
ND BY KUYKENDA
CE TO PERMIT A 20 FO
L INSTEAD OF THE REQUI
RMIT A 40 FOOT SETBACK FRO
THE 75 FEET REQUIRED FOR A PRO
APPROVING RESOLUTION 96-
SETBACK FROM THE
25 FEET AND A 35 FOOT
E OHWL (904 EL.)
D SINGLE F AMIL Y
Vot en signified ayes by Vonhof, Kuykendall, Stamson and Criego. Nay by Wuellner.
M Ion carried.
..
B. Case #96-107 Public Hearing to consider an amendment to the Zoning
Ordinance relating to the treatment of communications antenna and equipment
shelters.
The hearing was open to the public at 7:46 p.m.. There was no attendance by the public.
Planning Coordinator, Jane Kansier, presented the Planning Report dated November 12,
1996.
The hearing is to consider an amendment to the Zoning Ordinance as it relates to the treatment of
communications antennas and support buildings. The amendment has several parts. First, the
existing definition of Essential Services is broadened to include telecommunications as a utility.
Secondly, a definition of "Equipment Shelters" is proposed. Finally, the amendment addresses
the standards for the construction of equipment shelters.
The telecommunications industry is expanding rapidly, and several companies have approached
the City with requests to utilize existing water tower sites for the antennae and other equipment
needed to provide this service. The City of Prior Lake currently has two such lease agreements,
with antennae on the Prior South water tower and on the water tower located at Crest Avenue
and CSAH 42. The City Council recently adopted a standardized water tower antennae
agreement to address the requests for use of the water tower. However, a recent review of the
MN112596.DOC
PAGE 4
Zoning Ordinance indicated no provision allowing the equipment shelters often associated with
the antennae. The purpose of the proposed amendment is to address the equipment shelters.
Staff recommended approval of the amendments as proposed.
There were no comments from the public.
Comments from the Commissioners:
The commissioners questioned land ownership and lease fees ($12,500.00). They also
expressed concern for appearance of the building and fitting into the neighborhood. It
should not stand out by design.
Stamson:
. Rye explained essential services and what the city is going to do is clearly
differentiate between the uses. Typically the essential service itself is permitted but
something like a pump house or substation may be limited by conditional use or by
district. It can still be limited.
. Support the idea of re-writing essential service.
. Equipment shelters make sense.
. Does not agree with the 5% area. Limit size to 4 structures per area.
. Rye explained the Telecommunications Act. The city has to tailor this ordinance
where businesses cannot be obstructed. The city could require more than one
company locate equipment in one of these buildings. Staff put this together as a stop
gap with what is facing the city now. Basically the city wants something in place.
Wingard said US West would like to come in.
Wuellner:
. Suggest the City build our own towers and lease the space.
. Supported staff recommendation.
V onhof:
. Concurs.
. Change (C) (2) Under "EQUIPMENT SHELTERS" to state something to the affect
"Structures should be architecturally compatible with the surrounding area and
approved by staff', rather than trying to design these structures.
Kuykendall:
. Questioned whether microwaves be included as well as fiber optic. Kansier explained
the city has addressed part of that issue.
. Screening should be looked at.
Criego:
. Agreed with V onhof s comments.
MNI12S96.DOC
PAGES
Kansier said staff can make those changes regarding the structures being maintenance
free and vandal free.
MOTION BY VONHOF, SECOND BY WUELLNER, TO AMEND THE ZONING
ORDINANCE AMENDING SECTION 5-1-7,5-3-1 AND 5-5-2 OF THE PRIOR LAKE
CITY CODE AND AMENDING SECTIONS 8.1, 3.1 AND 6.2 OF THE PRIOR LAKE
ZONING ORDINANCE. ADDITIONAL LANGUAGE AS DESCRIBED BY STAFF
IN THE HEARING TO THE (C) (2) EQUIPMENT SHELTER SECTION.
V ote taken signified ayes by V onhof, Wuellner, Criego, Kuykendall and Stamson.
Motion carried.
The public hearing closed at 8:07 p.m.
5.
Old Business: None
6.
Don Rye rev wed the updated L {l Use handout which included permitted uses,
permitted uses ith conditions, nditional uses and accessory uses. He also pointed out
serious work ne s to be done the PUD section.
ssion on the following:
· spaper article for general info
· earing County Road 21.
· Update on Eagle Creek Assisted Li
7.
Correspondence:
ng Commissioners and Bylaw changes.
.
B.
MNl12596.DOC
PAGE 6