HomeMy WebLinkAbout1998-07-15 PACKET 08.B.FZEQUEST OF CIT°l GOl1NCIL ACTION COl1NCIL ,4GENDA
MEETENG ETEM #
DAT� 7l15l98 ,
Pf2EPRr2EG BY: i.oirmunity �ed�lopment �Cim LindGuist
ORIGINATING DEPARTMENT STAFF AUTNOR
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1) Approve the conditionai use permit and variance for the installation of an
electromagnetic communication facility an an existing high-tension 6dSP elecfrical
transmission tower and the construction of a 6-foot by 6-foot equipment building.
2) Approve the easement agreement.
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f2EV1EWED
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N/A
ACTUALAMOUNT
APPROVED
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DENIED
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ADMINISI°F2A°fORS COi�NfENT5
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F:1GftOUPSNLAPINING199981GTYC6UN\CeilNet covet�.doe
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To: Honorabie Mayor and City Council Members
Ryan Schroeder, Gity Administrator
From: John McCool, Senior Planner
Date: July 8, 1998
Subject: CeIINet Data Services — Variance and Conditional Use Permit
Appiications
INTRODUCTION
CeIINet Data Services is requesting approval of a variance to Section 28-22(e) of the
City's Zoning Ordinance that prohibits any structure on or over any easement of record
and approval of a conditional use permit to allow installation of a communication
antenna onto the existing NSP tower and the construction of a 6-foot X 6-foot
equipment buiiding. CeliNet has aiso requested that the City grant them an easement
to allow access to their equipment building which wili be located on City owned
property.
DISCUSSION
The Planning Commission held a public hearing on June 29, 1998, regarding the
applicanYs request. During the meeting, one resident spoke against the project due to
potential neighborhood impacts from an increase in the electromagnetic fields. The
applicant indicated that the effects from their product, the CeIlMaster, are significantly
less than the electromagnetic field from the NSP tower. It was suggested that the
applicant and NSP provide some information to the resident to explain the impacts of
the two different users. The applicant has since indicated to City staff that the
CeIlMaster antenna is 30 watts in strength which, at ground levei, is equivalent to a
garage door opener.
Also d�ring the meeting, one Commissioner expressed some concern about the
exterior appearance of the proposed accessory structure. He recognized that the site
was not very visible, but noted that the proposed structure was inconsistent with
previous conditional use permit approvals. The Commission felt the structure was
acceptable as proposed in recognition of its low visibility and clarified that in other
locations a higher quality exterior materiai wouid be expected. The Commission
unanimously approved the variance and conditional use permit request.
City Council and Ryan Schroeder
July 8, 1998
Page 2
Staff has contacted the applicant since the Commission meeting to foliow up on the
concern of the resident, Sharon Fortunak. An NSP representative, Cindee A�cness, has
been given Ms. Fortunak's name and phone number. The City has received a letter
from Ms. Fortunak, which is attached.
In addition to the pianning approvals needed, the applicant is requesting purchase of
an easement approximately 10 feet by 200 feet. The proposed easement agreement is
attached. The appiicant has agreed to purchase the easement for $3.00 per square
foot.
RECOMMENDATION
Adopt the draft resolution granting a variance to Section 28-22(e) of the City's Zoning
Ordinance to allow the construction of a 6-foot X 6-foot equipment building on the NSP
easement and approving the conditional use permit to aliow a 13.5-foot antenna to be
instalied on top of the 150-foot high NSP tower. Also, approve the easement
agreement for CeIINet Data Service, which aliows access to the CeIINet system.
F:K'aROUPSW LANNING119981CIlYCOUNICUP9&97.DOC
RESOLUTION NO. 98-XXX
A RESO�UTION GRANTING A VARIANCE TO SECTION 28-
22(e) AND APPROVING A CONDITIONAL USE PERMIT FOR
THE INSTALLATION OF A COMMERCIAL EMCF ONTO AN
EXISTING HIGH-TENSION NSP TOWER LOCATED
NORTHWEST OF IVYSTONE AVENUE AND INDIAN
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WHEREAS, CeIINet Data Services (MSP), Inc. has applied for a variance to Section
28-22(e) of the City's Zoning Ordinance that prohibits any structure on or over any
easement of record and approvai of a conditionai use permit for purposes of installing
wireless communication antenna onto an existing NSP electrical transmission tower and
the construction of a 6' X 6' equipment building on property legally described as:
Part of Outlot B, Pinetree Pond East Addition, according to the recorded
plat thereof, Washington County, Minnesota.
WHEREAS, an easement agreement between the City and CeIINet Data must
be agreed upon and approved by the City Council; and
WHEREAS, public hearing notices were mailed to property owners within 500 feet of
the property and a public hearing notice was published in the South Washington County
Bulletin; and
WHEREAS, the Planning Commission heid a pubiic hearing on June 29, 1998; and
WHEREAS, the public hearing was open for public testimony and no one spoke for
or against the proposal; and
Resolution No. 98-XXX
Page 2
WNEF2EAS, the applicant was present and agreed with the recammended
conditions of approval; and
WHEREAS, the Planning Commission unanimousiy approved the application,
subject to certain conditions listed betow.
NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Cottage
Grove, Washington County, Minnesota hereby grants a variance to Section 28-22(e) of the
Citys Zoning Ordinance to permit the construction of a 6' X 6' equipment building having a
height of 10 feet to be constructed under an existing NSP electrical transmission tower
which is located upon an utility easement. Granting this variance is based on the following
findings:
The proposed equipment building is relatively small as compared to the 150'
electrical tra�smission tower.
2. The proposed equipment building is needed for security and protection from
weather elements.
3. NSP is in agreement to allow the proposed equipment building to be located
beneath their electrical transmission tower and has determined that its existence will
not i�terfere, impede, or obstruct their continued use of the tower.
4. The proposal is consistent with the intent of the City's EMCF Ordinance.
ALSO, LET IT BE RESOLVED, the City Councii of the City of Cottage Grove, Washington
County, Minnesota hereby approves the conditional use permit appiication filed by CeliNet
Data Services (MSP), Inc. to allow installation of a commercial antenna onto an existing
NSP electricai transmission tower on property legaily described above, subject to the
following conditions:
1. The City must issue all appiicable electrical and building permits before construction
begins.
2. Final building plans and specifications shall be reviev�ed and approved by the City
Building and Fire Departments.
3. The structure shaii comply with all State and Federal regulations with regard to
hazard identification lighting.
Resolution No. 98-XXX
Page 3
4. The color of the accessory structure's e�rterior walls shall be limited to earth tone
colors. The applicant is responsible for the removai andlor clean-up of any graffiti
that might occur on the equipment building.
5. The City grants an easement to CeIINet for purposes of installing, operating,
maintaining, repairing, replacing, and removing communications equipment together
with the right to have reasonable access for ingress and egress to and from the
adjoining pubiic street and equipment building.
6. Approvai of this conditionai use permit does not automatically guarantee conditional
use permit approva! for microcell controllers.
7. AII grass areas disturbed by construction must be repaired and sodded within 30-
days after all construction has been completed.
8. No adve�tising shail be displayed on the equipment buiiding or antenna.
Passed unanimously this 15th day of July 1998.
John D. Denzer, Mayor
Attest:
Caron M. Stransky, City Cierk
7120 Ivystone Avenue South
Cottage Grove, MN 55016-1909
June 29, 1998
City Administrator and
Plannin� 5taff
Cottage Grove City Hall
80th Street South
Cottaae Grove, M;Q 55016
����
RE: Case CUP98-17 and V98-18. Planning Commission June 22, 1998
Good Morning
Please advise date the city council votes on this issue.
As stated at the Plannin� Commission meetin�, I would like a Gauss meter reading of
electromagnetic fields (reading taken at the base of the tower) before the installation and again 90
days followin� the installat�ion requested by CellNet Data Services (MSP), Inc.
Question...
What are the electromagnetic field parameters. Will there be only one instailation or
subsequent installations of greater frequency?
Sincerely
Sharon Fortunak
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'omm�enity Organizing Can Reduce Thei�° 1Jun�ber
'ireless communicacions
mpanies and che Sra[e
Jice are erecting relay
wers atross notthern
chigan. The towers are
owing up in clumps on
noamic rual ridgecops,
weli as in che cenrer of
'�ages like Glen Arbor.
N orthern Michigan's ridge tops are sprout-
ing c)umps of tall steel commurtications .
towers wich btinking ted lights, driving many
residents to distraction.
NPI Wireless, a subsidiary of Noverr Publish-
ing in Tnverse Ciry, is completing a network of
. � up to 25 new towers
in 13 northwest
Michigan counties.The
towers — most of
which will be between
199 and 250 feec tall
— support the
company's new $35
million wireless
telephone network.
The State Police
also are pLanning to
build up to 60 new
towers in the northern
Lower Peninsida as
part of a 5187 million
project to replace the
agency's 40-yearo(d
commu�icacions
network. Many of the
towers will be moce
than 400 feec tall, an
agency spokeswoman
said.
The towers are flie
product of new
technology and recent
�- laws, passed separately
by Congress and the
state Le�islature,that
allow private cel7ular
telephonr companies as well as che Stare Police
to largety avoid local zoning authoriry.
Across Michigan and the narion, citizens
objecting io the cowers say they are unsighdy
and disturb [he se�se of rural peace."It's like
living in a different place," said Ray Bier, a
resident of NorwoodTownship in Charlevoix .
County, who Iives in the shadow of a 320-foot
rower buii[ rwo years ago by Cellular One."I've
lived here for 20 years and al7 of a sudden out
your window goes up this industrial blight with
Iigtns. Ic kind of jus� changes che whole feel of
the area"
I n ; 1996 the White House and Con�ress [eamed
up with the wiretess industry to pass the
federalTelrcommunicationsAct.On the way to
passage, indusvy lobbyiscs went co work to
block the giass roots opposition they were sure
would develop over the towers.
The Telecommunications Act concains
exceptionally spec�c provisions that make it
Illegal for communicies [o reject new towers.
However the law included one loophole chat
enables cotnmunities io decide the height, and
to some eactent the location, of xowers and to
issue construcUon montoriums so planners can
update zoning otdinances.
Communities also can require private rower
builders to invest in bonds that cover the cost of
tearing down [he strucmres when their useful
life ends.Opponents of the towers assert that
they soon will be made obsolece by satellites. Buc
cellular telephone companies insist fliat their
towers will be usefiil for decades.
In northwest Michigan local governmen[s
are taking action to do what they can ro control
the private cellular companies. Peninsula
Township north ofTraverse City has prohibiced
rowers on its most scenic ridge tops_ Benzie
County has approved a zoning amendment that
rescricts the location and height of new towers,
and reyuires the owners of the land to be
responsible for dismanding them.
I n 1996,as Congress was considering legisla-
tion ro make it easier to build private commu-
nication towers, the Michigan Legislature passed
a!aw that gives the State Po(ice even broader
authority to bypass local �overnments in
building new towers. Local governments have
just 3� days to review State Police tower applica-
tions and propose an aiternative site.If the State
Poliee reject [he alternative, chey can build on
rhe original site.
The State Police are retuctant [o disclose che
exact number or location of their new towers
for"securiry reasons;' but did make public Iast
year their ptan to build a[ least five towers in
Leelanau County.That prompred a groundswell
of pro[est from residents, who formed the
Leelan:w Association for Sensible Towe�s. In
Mard�, with ihe help of Rep. Michelle McManus
(R-Lake Leelanau), the Association persuaded the
State Police to reduce that number to rwo: one
o�tside Empire and another in southeast
Elmwood Township. O
COA'TACTS: Martha L. Black, LeeZanau Assoc�a-
tion for Sensible Towers. lel. 61(r929-947/. jax
G76-929-9476,�Mary Levine, State Police.Iel.
517,33riG61(, fax 517-33�-6222.
= SPRING 199ft GREAT LAKES BULLETIN
� St. Paul
/ �,�ZSI�1�' Edition
International scientlsts who met in
Brock;}T Park c�ncluded in a repon
that electromagnetic relds are a
`possible human caroinogen' but that the
eaidence is sometimes contradictory.
Expert panel
says power
fields may
cause cancer
By Maura Lemer
Srm Pr�bune SwJJWriter
iu une of �he mosi comprehensive reviews of the
heal�h effeas of power lines and elearical appli-
ances. an imema�ional panei of expens has mn-
dudcd ihai elearical and magneii< fields are a
possible cause o(cancer.
Hm �he experts, who mei in Brook7yn Park at the
reyvev of �he National instim�es of Heahh, said
wednesdav ihat the evidence of a link to cancer is
limned and some�imes mmradiaorv.
Fiowever, the scientis�s. who specia7ize in every�
thing fmm wncer m magne�i< Getds, said there isn't
enough evidence ro
mnneu electro� ,..__.__..
__...__._......_.
magneric fields to
other wspe<ted �.��,SR¢v¢r4
heaith hazards,such
as bireh defects. Alz� r¢f�OTt thltt ¢nl�S tlie
heimer's disease, d¢bat¢."
neurological and —ChNStopherppyeq
hearediseasesorsui� wganiierolthereview
c7Jc an� depres�ion.
The meeeing. .. _.__...__.__......_.....__..
which brought 31
sciemists fmm arouod the wodd m the Notthland
inn and Co�ference Center for 10 days, was part of a
546 million. five-year effon required by Congress ro
answer the question: Are power lines and other low.
leuel eienricai fields reaiiy hazardous lo health?
I�'s only a win<idence, federai off�cials say, that
the gathering was held in Minnesota, where one o(
the mosi bi« er power line ba¢les in the nation eook
place. Twenry years ago, proiemers in wesiern Min�
aesc;a :oppled �ransmission towers and tought
s�a�e �mopers �o siop a 430�mile power lice fmm
crossing the state.
0� wednesday, ehe panel wen� further Ihan
other rece�t groups in concluding [hat electromag-
ne�i< fields are a'possible human carcinogen."
Tum to ELECTRILYTY on A77
�STARTftIBUNH•PAGEA
ELECTRICITYfrom A1
Expert panel concludes that
power fields may cause cancer
A 199ti repon by �hc Naiional
Academy of Sciences found no
condusive and cnnsisteni evi�
dence of a hcalth haiard.
The panel based iis findings
primarilv on population smdies
poiming �o a slight increase in
childhood leukemia in residem
iiai aren< near power lines. anA
io aduh leukemia umong cenain
occupations. svch as power line
workers
YeL ii was a divided opiniort
7�he gmup m�ed i9 m 9 io dassi�
(y elecvnmagne�ic fields as a
possible human carcinogen.
figh� of �he discenie�s said theg
muldn'I be dassified either way.
and one said ihey probably
uede carcinogenic. One sciem
tisf abstained, and two didd�
vo[e.
The panel noted, however,
thai ii can'1 deiermine how
much exposure may be associa��
ed v,rith disease.
"This reporc does not suggest
thai the risk is high," said the
panePs chairman. Dr. Michaei
Gallo, a cancer researcher a� the
Roben Wood Iohnson Medical
School in Piscataway. N.1. '9i
probabiy is qui�e small. mm�
pared to many other pu6lic
health risks"
Bu[, he said, "�his group was
noi a(raid to make a cail a6oui
;leukemlai ___ Theg bi� at the
hook ihai i ga�:c �hem lav tdor...
day. wlook x� rhls (o� �he impor�
�ance in pub6i heallh. and I
ihink ihey did thai."
Turning point
"There's never a repnn tl�at
ends a dcbmc." snfA Chrisiupher
Ibnie.r. who orga��ized ihe re-
view. at e cuv af about 4300,000.
for ihe Naiional Ins�imre of Hn�
vironmental Heal�h Sciences in
ResenrchTriaiiglePark V.C.
Ow �his unc could be a wrm
���R Volni. he snid-'i hope ihe
focus of �he de6a�e wili now
move imo �he realm of wha� is
the magnitude o( the risk in Ihe
general population.'
Pears about power lines and
wncer have bee� builAing since
1979. when a De�ver s�udy
found ihai chiidren who had
died fwm cancer were two lo
�hree Iimes more likely than oth �
ers m have iived within L3l feel
of a high-currem power line.
Tha� siudv was criticized later
for design Ilaws. b�� ii helped
lead m more research la�king for
possible heei�h e(fec�s (rom
power lines and other sources of
electri< and� magnetic (ieids,
such as electnc blankets.
The research produced a
siream of conaadiaory and
some�imes puzvling findings.
Some smdies found an inaease
in cancer ra�es while others
didn't, and animal �ests fai7ed to
show any cause and eRea.
To get a ciearerpi<mre. Con-
gress began a five-year program.
cofunded by [he utiliry induslry.
io pour millions o( dollars inm
new research and analysis. This
weck's mnferenm was nne of
the lasl s[eps in [ha� process,
whi<h wi71 resW� in a final report
m Congress in November.
The experu came Cmm as far
as Himshima, Iapan. and Lyon.
france, �o examine fie evidence.
It was, in Pottier's words. "a
Herculean task.' Md discussion
someiimes got heaced as ihe sci�
emis�s, holed up in the posh
Bmoklyn Park horel. pored over
2.000 reseazch studies and
hashed out a repon of Iheir own.
"1 �ever in my life did any�
thing so in�ense," uid Margari�a
Dubocovich, a pharmacologist at
Nonhwestem Universiry Medical
School in Chiwgo.
The group worked nonstop
> for 10 days, some[imes past mid-
=�- nighi, debating at umes ovec
�r ` words, phrases and oumbers.
� Among ics findings: '
�`–� > There's 'inadequate evi�
�� dence'tolinkwncerinadWtsio
^�� ezposure in their homes. or any
cancer other than leukemia to
4 :� exposureatwork
IZ- > Most animal studies sugges�
f4 �there's no carciwgenic efteci
� fmmmagnetic6elds.
y > Afewstudieshaveshownthat
iYs pleuelble for erposure - to �
wuse cellularchanges tha� may
be linked m cancer.
Ye� some scienGs�s sav �hec
�hink ihe �opic has been swdied
enough. "1 aaualty feel �ha� a
greai deal wili no� be learned"
frnm rtmre rezearch, �aid Dr. Les
Nobison. a Wiiversity of �1inne�
roia pediavician who ied a 1997
s�udgtha� found no link 6e�ween
childhood leukemia and high�
vol�age power lines.
Unless �wavs io smdy �he
;:�obtem are deveioped tl�� �e-
sulis will mntinue w 6e contra-
dicmry, said Ao6ison. who
mmed down an invila�ion Io
serve on ihe panei because of
scheduli�g con(licts.
� "I would think (ive years from
uow, in the scientifc mmmuni�
u'. thls will 6e n verv low-vi3ibili�
ryissue."hesaid. �
EASEMENT AGREEMENT
THIS EASEME7Vfi AGREEMENT is made as of this day of , 3 998,
by and between the City of Cottage Grove ("Owner"), and CELLNET DATA SERVICES (MSP),
INC., a Delaware corporation, having its principal offices at 414 Nicollet Mall, Minneapolis,
Minnesota 55401 ("Ce11NeY').
RECITALS
A. Owner is the owner of the real property in the City of Cottage Grove, County of
Washington, State of Minnesota legally described on Exhibit A("Owner's Property").
B. Ce11Net desires to obtain from Owner, and Owner desires to grant to CellNet, an
easement to install, operate, maintain, repair, replace and remove certain communications equipment
on that portion of Owner's Property legally described or depicted on E�ibit B attached hereto (the
"Easement Area").
AGREEMENT
NOW, THEREFORE, in consideration of the mutual covenants contained herein and for
other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the parties agree as follows
1. Grant of Easements. Owner, for itself, and its successors and assigns, does hereby
grant, convey, bazgain and warrant unto CellNet, its successors and assigns, a perpetual, irrevocable,
assignable, commercial easement in gross under, on, across, through and over the Easement Area
for the purpose of installing, operating, maintaining, repairing, replacing and removing
communications equipment to be placed on the communications tower located in the Easement Area
and on the ground immediately adjacent to the base of the tower; together with the right of CellNet
to have reasonable access for ingress and egress to and from the Easement Area across the Owner's
Property. "Communications equipment" includes all transmitters, receivers, antennas, cable, power
supplies, control devices and related enclosures, fixtures and equipment used to transmiC or receive
electromagnetic signals of any frequency for any purpose, including stationary equipmenY as well
as mobile equipment on vehicles.
2. Obsiructions. Owner agrees that no buildings, barriers, fences, curbs, walls, ditches,
bamcades, or other permanent or temporary structures or obstacles will be erected anywhere within
the Easement Area that burden, interfere with, zmpede, slow, divert or in any way prevent vehicular
or pedestrian iraffic from fully passing within, through, or across the Easement Area for the purposes
set forth herein and that no change will be made to the surface or subsurface of the Easement Area
or to the ground immediately adjacent to the Easement Area by grading or otherwise.
3. Unused Land. Owner, its successors and assigns, shall have the right to full use and
enjoyment of Owner's Property and the Easement Area except for such use as may unreasonably
interfere with Ce11Net's easement rights.
4. Damaee. CellNet agrees to repair any damage to Owner's Property resulting from
the installation operation, maintenance, repair, replacement or removal of Ce11Net's equipment.
5. Pre-Existing Easements. The rights herein granted aze subject to any existing rights-
of-way for tughways, roads, railroads, pipelines, canals, laterals, ditches, or electric, telegraph, and
telephone transmission lines heretofore granted across any part of Owner's Property or the Easement
Area. Ce11Net specifically acknowledges the existing easement rights of Northern States Power
Company, a Minnesota corporation ("NSP") and hereby agrees not to interfere with NSP's rights
to and use of its easement.
6. Title. Owner covenants with Ce11Net, its successors ans assigns, that Owner is the
owner of Owner's Property and has the right, title and capacity to convey the easements granted
herein.
7. Entire Agreement. The parties mutually understand and agree that this Agreement
covers all agreements and stipulations between the parties and that no representations, warranties,
agreements or statements, verbal or written, have been made modifying, adding to or changing the
terms herein.
IN WITNESS WHEREOF, Owner and Ce11Net have executed this Easement Agreement
as of the date above first written.
OWNER:
City of Cottage Grove
I:
CELLNET:
CELLNET DATA SERVICES (MSP), INC.
a Delaware corporation
By:
Its:
Its:
CORPORATE ACKNOWLEDGMENT
(STATE OF MINNESOTA
COUNTY OF
)
) SS:
The foregoing was acknowledged before me this _ day of
of
City of Cottage Grove, a municipal corporation, under the laws of Minnesota, on behalf of the
corporation.
Notary Public
STATE OF MINNESOTA
COUNTY OF
)
) SS.
The foregoing was acknowledged before me this
the
day of
199_, by
199_, by
of CeI1Net Data Services
(MSP), Inc., a corporation under the laws of Delawaze, on behalf of the corporation.
Notary Public
This document drafted by and after
recording return ta
Leonazd, Street and Deinazd, P. A. (PKB(SSF)
Suite 2300
I50 South Fifth Street
Minneapolis, MN 55402
EXHIBIT A
OWNER'S PROPERTY
Outlot B, Pinetree Pond East
0
EA�EMF,IV'i' ,eiREA
Exeept for the right of access, Grnntee's easemeut rights shall be limited to the
£olluwing�
ABCiV� GROt1NU FACT717'TPC�
That part of Outlut B, PINLTRi�E POND IiAST described as
commencsug at lhe most Southcrty corner of said Outlot 13; ihence on
an assumed bearing of North 71 degrces, 20 muiutes, 00 seconds East
a distance oC423R fect aloug a Southerly line of said OuAot B to a
point of curve on said Southerly line of Outlot B; thcnCe
Northcasterly iO36 Ceet along a Southcrly line of said Outlot B also
being a taugcntial curve concavc to tlic Southcast having a radius of
351.28 leet and a crntral angie of I degrcc, 41 minutes, 22 seconds;
thencc North 2 degrces, 03 minutes, 23 seeonds East a disi�uzec of
205.30 feet; thcnce Norih 22 de�recs, 21 minules, 32 seconds East �
distance of 11.93 feet to Che point of beginning of the pazce] to be
described; t(�ence cuntinuing North 22 degrees, 2I minutes, 32
seconds East a dist�nce of 10.p0 fcci; thevice South 67 degrees, 38
minutes, 28 seconds F,ast a distanec of IQ.OU leet; thcnre South 22
degrecs, 21 minuies, 32 seconds West a distanec of i OAU Yeer; thence
North 67 degrecs, 38 minutes, 28 seconds West a dis[anec of 1Q.00
fect to thc point of be�iuning, and there tcrminating.
1:3�1L� ' • ► �
A 10.00 foot eascment ovcr, undcr and across that part of Outlot B,
P1NF.TRl:E POND EAST; the West line of said easeinent described
as coirunencing at the most S��utherly comez of suid Outlot $; tt3cnce
on an assumcd bearing oFNorih 71 dcgrees, 20 minutes, 00 secands
East a distancc oC42.39 teet along a Southezly line of said Outlot $;
ihenec Northeasterly 1036 feet along a Southerly line of said Outlot
B also being a t�ngential curvc concave to ihe Southeast havin�; a
radius of 351.28 leet and a central angle of 1 de�rec, 41 minutes, 22
seconda to thc point of beginning nC the line to be described; thence
North 2 degrecs, Q3 minutes, 23 seconds Gasl a disYance of 2U5,30
feet; thence NorQ122 degrees, 21 minutcs, 32 seconds East a dist�nce
of 11.93 feet anci said line there terminating. The �.ast line of said
easemenl is to bc p�olongcd or shortcned t.o tcrminate at the Southe:rly
line of said Outlot B.
Excerpt from Unapproved Minutes of June 22, 1998,
Planning Commission Meetin�
CUP98-17 and V98-18
Ce11Net Data Services (MSP), Inc. has applied for a conditional use permit and a
variance to instali an electromagnetic communications antenna on an existing
NSP electrical transmission tower and an equipment storage structure on Outlot
B, Pinetree Pond East Addition, located at the northwest corner of Ivystone
Avenue and Indian Boulevard.
McCool summarized the staff report and recommended approval subject to the
conditions stipulated in the report.
Tom Frerich, CelfNet Data Services, stafed that they had reviewed the report and
were in agreement with it.
Auge opened the public hearing.
Sharon Fortunak, 7120 Ivystone Avenue South, stated that she believes the existing
NSP tower is enough in this area. She mentioned that the site was close to a school
bus stop. She requested that EMF measurements be taken before and after the
conditional use permit is approved.
Mike Evenovich, an electrical engineer with CeIINet Data Services, stated that the
antenna would give low power transmission, about 30 watts, which is lower than
what is given out by radios and televisions. Frerich stated that NSP has information
regarding EMF's and their tower. Evenovich noted that the CellNet proposal would
not contribute to the NSP readings. He told Fortunak that he could put her in contact
with people who do EMF research.
Fortunak expressed her concern for the health of the children who utilize the
playground equipment in the area. She stated that she read several srticles on the
topic of EMFs and has done research on the topic for seven years. She doesn't
support any additional antennas in the area.
Auge stated that it is his understanding that communities cannot restrict the
existence of EMCF antennas but they can regulate the location. He further stated
that the residenYs concem seems to be related more to the NSP power lines rather
than the CeIINet appiication.
Rice made a motion to approve the application subject fo the eight condifions
Aisted. Kleven seconded.
Excerptfrom Unapproved Minutes of
June 22, 1998, Planning Commission Meeting
Page 2
1. All applicable electrical and building permifs must be issued by the Cify
before construction begins.
2. Final buiiding p/ans and sp��catior�s shaPf be reviewed and approved by
the City Buiiding and Fire Deparfinenfs.
3. The structure shall comply with a// State and Federal regulations with
regard to hazard idenfificafion lightinq.
4. The co/or of the accessory siructure's exterior walls shall be /imited fo
earth tone colors. The applicant is responsible for the removal and/or
c/ean up of any gratfifi thaf might occur on the equipment building.
5. T6e City grants an easement to CellNet for purposes of installing,
operafing, maintaining, repairing, replacing, and removing communications
equipment fogether wifh fhe right to have reasonable access for ingress
and egress to and from public street and equipmenf building.
6. A condifional use permif app/icafion is filed wifh and approved by the City
for the insfa//ation of a// microcel! controilers fhat are needed throughouf
the City. Approva0 of fhis proposa/ does not ensure approval of the
conditiona/ use permit needed for the microcell controllers.
7. AlI grass areas disturbed by consfruction must be repaired and sodded
within 30-days after all consfruction has been completed.
8. No advertising shall be displayed on the equipment building or antenna.
It was suggested that condition #6 be reworded to ciarify the needed conditional use
permit may not be automatically approved.
Foster stated that the building materials did not appear to be aesthetically pleasing.
Frerich stated that they could address the issue of the materials. Lindquist asked if
the Pianning Commission wished to pursue the issue of the building materials. The
Commission felt thet due to the low visibility af the area, a change in materials was
not needed.
The motion passed unanimously.
, . .�. , ..• � •i �
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,
PUBLIC MEETING DATE: 6t22/98 TENTATIVE COUNCIL REVIEW DATE: 7/15/98
APPLICATION
APPLICANT: Ce11Net Data Services (MSPj, Inc.
REQUEST: Variance to Section 28-22(e) of the City's zoning ordinance that prohibits
any structure on or over any easement of record and approval of a
conditional use permit for the instaliation of an electromagnetic
communication facility on an existing high-tension NSP electrical
transmission tower and the construction of a 6-foot by 6-foot equipment
building.
SITE DATA
LOCATION:
ZONING:
CONTIGUOUS
LAND USE:
NORTH:
EAST:
SOUTH:
WEST:
SIZE:
DENSITY:
Northwest of Ivystone Avenue and Indian Boulevard
"R-3", Single Family Residential
Residentiai
Residential
Residentiai
Residential
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RECOMMENDATION
Approval, based on the conditions stipulated in this staff report.
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PLANNING STAFF REPORT
CASES CUP98-17 & V98-18
J�lIVE 22,'l99�
PROPOSAL
CeliNet Data Services (MSP), Inc. has applied for a variance to Section 28-22(e) of the
City's Zoning Ordinance that does not allow any structure on or over any easement of
record and also has filed a conditional use permit application for the installation of a
electromagnetic communication facility on an existing high tension NSP electrical
transmission tower. The tower and NSP easement are located on property owned by
the City of Cottage Grove. GeliNet is proposing to co-locate one antenna and
equipment building at the NSP electrical transmission tower located northwest of the
Ivystone Avenue and Indian Boulevard intersection. The 13.5-foot antenna will be
located at the top of the 150-foot tower and a 6' X 6' equipment building wiil be located
beneath the tower.
A location map and site plan (Exhibit A) is attached.
PLANNING CONSIDERATIONS
Compliance with Ordinance Requirements
The EMCF ordinance ailows for these types of antennas to co-locate on existing public
utility poles/towers, but a conditional use permit is required. Approval is subject to the
provisions of the Zoning Ordinance and the conditions required by the City. The current
request generally meets the requirements established by the City. CeIINeYs appiication
meets the minimum spacing requirements between EMCF's, setbacks, and height
requirements at this site. A copy of the applicanYs responses to the ordinanee criteria
for granting a variance and the conditional use permit are attached as Exhibit B and C,
respectively.
Properfy Characteristics
A Northern States Power electrical transmission tower is centrally located within a 240-
foot wide easement. The tawer and majority of the easement exists on land that is
owned by the City of Cottage Grove. The tower is approximately 200 feet north of
Indian Boulevard and 220 feet northwest of Ivystone Avenue. Native brush and
vegetation surrounds the base of the NSP towe� and a couple rows of tree seedlings
are Iocated on the south and east sides of the tower. A few of these seedlings might
Planning Staff Report
Case No. CUP98-17 & V98-18
June 22, 1998
Page 2
have to be transpianted elsewhere on the site to aliow the instailation of telephone and
electrical lines to the proposed equipment building.
System Nefwork
CeIINet has contracted with Northern States Power Company to provide a gas and
electrical meter reading system that will eventually eliminate the need for meter reader
personnel to walk to each home. Their system will provide "reai-time" information for
utility use via providing new or retrofitted meters that are equipped with radio
transmitting technology. These meters collect, monitor and transmit energy usage
information every two and a haif minutes. The instaliation of this system is a radio base
station called a Ce1lMaster. The CeIlMaster blankets a regionai area that covers a three
to five mile radius. The CeIlMaster equipment will be housed in a 6' X 6' building that is
eight feet in height. A diagram of this building is shown in Exhibit D. Exhibit E shows
the tower elevation with the proposed antenna depicted on the top of the tower. Other
CeIlMaster sites will be provided at similar facilities in Grey Cloud Township, St. Paul
Park and Woodbury. Typically, CeilNet co-locates their systems on existing wireless
communication and power transmission facilities.
Surrounding the CeilMaster are microcell controilers that are typicaliy instailed on utility
poles, buildings, or street lights. The microcell controller collects, stores, and forwards
data to the CeIlMaster which uses digital radio communications technology. The data is
then routed via dedicated links to the System Controiler/Operations Center. Each
microcell is typically depioyed in a one-quarter mile radius and has a battery backup to
ensure operation during outages. CeIINet has not provided the City any information
showing the location of the microcell controller devices throughout the City. Before this
system can be instalied, the applicant must apply for a conditional use permit and
receive approval by the City for each microcell controllers location.
Utilities and Easements
Telephone and electrical cables located aiong Indian Boulevard Avenue will need to be
extended underground to the equipment building. No other public utility is needed to
serve this proposed system.
Because the NSP tower is located on city owned land, and the current 240-foot wide
easement is exclusively for NSP's use, CeIINet has requested the Cifij to grant a 10' X
10' easement for the equipment building and a 10-foot wide utility easement between
the street and equipment building. Granting of the easement does not require Planning
Commission approval, but terms of an easement agreement must be approved by the
City Council.
Planning Staff Report
Case No. CUP98-17 & V98-18
June 22, 1998
Page 3
Public Response
Our office has received severai inquiries concerning the proposed electromagnetic
facility, thinking that another transmission tower is going to be built. After
understanding that this application pertains to the installation of a 13.5 foot high
antenna on the top of the existing NSP high-tension tower and a 6' X 6' equipment
buiiding beneath the tower, their concerns diminished. The Planning Division did
receive two letters from neighboring residents objecting to the applications. A copy of
both letters is attached as Exhibits F and G.
RECOMMENDATION
Staff recommends approvai of a variance to Section 28-22(e} of the City's Zoning
Ordinance to permit the construction of a 6' X 6' equipment building having a height of
10 feet to be constructed beneath an existing NSP electrical transmission tower which
is located upon an utility easement. This recommendation is based on the following
findings of fact:
1. The proposed equipment buiiding is relatively small as compared to the 150'
electrical transmission tower.
2. The proposed equipment building is needed for security and protection from
weather elements.
3. NSP is in agreemsnt to allov✓ the proposec! equ�pment building to be locatsd
beneath their electrical transmission tower and has determined that its existence will
not interfere, impede, or obstruct their continued use of the tower.
4. The proposal is consistent with the intent of the City's EMCF Ordinance.
The variance and conditional use permit are hereby recommended for approval, subject
to the foliowing conditions:
All applicable electrical and buiiding permits must be issued by the City before
construction begins.
Pianning Staff Report
Case No. CUP98-17 & V98-18
June 22, 1998
Page 4
2 Final building plans and specifications shall be reviewed and approved by the City
Buiiding and Fire Departments.
3. The structure shall comply with all State and Federal regulations with regard to
hazard identification lighting.
4. The color of the accessory structure's exterior walls shali be limited to earth tone
colors. The applicant is responsible for the removal andlor clean-up of any graffiti
that might occur on the equipment buiiding.
The City grants an easement to CeIINet for purposes of installing, operating,
maintaining, repairing, replacing, and removing communications equipment together
with the right to have reasonable access for ingress and egress to and from public
street and equipment buiiding.
6. A conditional use permit application is filed with and approved by the City for the
instailation of all microcell controllers that are needed throughout the City.
7. All grass areas disturbed by construction must be repaired and sodded within 30-
days after all construction has been completed.
8. No advertising shall be displayed on the equipment building or antenna.
Prepared by:
John McCool, AICP
Senior Planner
Attachments: Location Map
Exhibit A — Site Plan
Exhibit B— Variance Criteria Response
Exhibit C— CUP Criteria Response
Exhibit D— Equipment Building Elevation
Exhibit E— NSP Tower Elevation
Exhibit F — Jorgenson Letter
Exhibit G — Kromer Letter
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ORDINANCE CRlTERIA- in order to aid in tha applicatian rev(ew process, pleas� give a QETAILED response
tc ttte foilowing criteria. Your a6ility.to meet these findings are what t�e Pianning Commission/City Council are
req�ired, In paA, to base their raview on, so be specif c.
In order to grant a Varlance, aIi of the inilowfng findi�9s must be me2:
A There are uniquo co�ditions that apply to the strudure or land in question that do not appiy genaralty
to other sVuctures or land in the same zoning district Pieasa list the conditions that are unique.
Ce11Net intends to install on the propertY an electromaqnetic cor�runications
facility, consisting of an antenna to be placed on an existing tower and
electrical equipment to be placed on the qround. Cotta e Grove Ordinance No.
635, Section 2(d)(11) requires such mechanical eguipment to be enclosed in a
structure.
B. The grantin9 of a Variance must not merely sarve as a convenience tn tne applicant, but must be
neressary to alleviate a demonstreble hardship or d;Kcuity. Piease identify The haraship or difficWty.
A variance is necessary for Cellidet to be able to use its easement on the
property for its intended purpose If CellNet does not receive a variance
to build a structure on the property, it cannot install its electromagnetic
coRenunications facility.
C. �ranting the variance musf neithef impair the public health, safety, mmfort, or morats in any respeM,
nor be eontrary to the intent of the Zoning Ordinance or the Comprehensive P�an. Please identify any
potential impact the requested variance may have. �
Grantinq the variance will not be contrary to the intent of the Zoning
Ordinance or the Com,orehensive Plan because the structure is required by
the Ordinance itself The structure is so small that issuinq the variance
will not have any neqative impact on the cazanunity.
Economic hardship is not regardetl by the Courts as a reason for approval. Neig�borhootl opposition, without
any basls of Iacts, is not regarded by the Courts as reason for either approvai ar denial.
Siztv (60) Dav Waiver, Tha Ciry HEREOY notifies tha appllcant tbat devebpment reviaw msy not be cort+pieted within the requitetl 66 dsys,
due to� pubie hearing requtremenes and egeney review. Therefore, the Ciry ie no6tying tlia applicant tnet the C�ty is ta{dng an autortwtie 80-
day extsnsion iw devehpment review. Development raviaw wT he crompleted wittiin '12Q dsys unless adoStional reviaw entensions are
approved by tfie appGcsnt. The Clannkg Depanmentwiii:notify you of aii meettn9s.
Acknowledament and Slonature: The undersigned heraby raquests upon al! of tha penatties ot law, for the purpose of inducln9
the City of Cottage Grove to Take the action herein raquested. that ali statements herein are 4rue and that all work herein mentloned
will be done In accotdance with the ordinanee of the City of Goltage Gtove, antl the laws of the Stata oE Minnesota.
APPllCANTS SIGNANR6:
OWNERS
OATE:
DATE:
h:twpwlnbppilcNraAnd
EXHIBIT C
CELLNET DATA SERVICES (MSP), INC.
CONDITIONAL USE PERMIT APPLICATION
City of Cottage Grove, Minnesota
Ordinance Criteria �
A. Will the use be in conformity with the City's Comprehensive Plan and with the
purpose, intent, and applicable standards of the Zoning Ordinance? Explain.
Ce(1Net Data Services (MSP), Inc.'s (°CeIINet") proposed use will comply in all respects with
Section 28-36.2 of the Zoning Ordinance, which regulates Electromagnetic Communications
Facilities in all zoning districts. Therefore, the proposed use will be in conformity the City's
Comprehensive Plan and with the purpose, intent, and applicabie standards of the Zoning
Ordinance.
B. The use shall be located, designed, maintained and operated to be compatible with
the existing or intended character of that zoning district in which it is located. How does
the proposed use fit these criteria?
The proposed use will be located, designed, maintained and operated to be compatible with the
character of Zone R-3, single family residential, in that public utility infrastructure is permitted
in this zoning district to serve the residences located in the district. Furthermore, Northern States
Power Company ("NSP") has already placed a transmission tower (the °Tower") on the site, and
CellNet's proposed use is compatible with and similar to this existing use of the site by NSP.
C. The use shall not depreciate values of surrounding property. Explain effects of the
proposed use on surrounding property values.
Because NSP has already erected the Tower on the site, the use of the site has already been
determined. Except for the construction of a small structure between the four legs of the Tower
(which structure will comply with the City's codes and ordinances in all respects), CellNet's
planned operations on the site will simply use NSP's existing facilities. Consequently, the
proposed use will not depreciate values of surrounding property.
D. The use shall not be hazardous, detrimental or disturbing to present and potential
surrounding land uses due to noises, glare, smoke, dust, odor, fumes, water poltution,
vibration, general unsightliness or other nuisances. Explain effects of proposed use.
The use will not be hazardous, detrimental or disturbing to present and potential sunounding
land uses due to noises, glare, smoke, dust, odor, fumes, water pollution, vibration, general
unsightliness or other nuisances. �The structure to be built will comply with the City's codes and
ordinances in all respects and will not create an unsightly condition. It will be iocated at the base
of the Tower, which is itself concealed from surrounding residential areas by shrubbery.
E. The use shall generate only minimat vehicular traffic on local streets as defined by
the Transportation Element 9f the Comprehensive Plan. The use shalt not create traffic
congestion, unsafe access, or parking needs that will cause inconvenience to the adjoining
groperties. Explain the transportat'ron needs for the proposed use.
The transportation needs associated with the proposed use are very minimal and are related
solely to the instailation, maintenance, and removal of Ce11Net's equipment. Once CeI1NeYs
equipment is installed, CeIINeYs transportation needs will occur approximately four times per
year and will be of short duration.
F. The use shall be served adequatety by essential public services such as streets,
police, fire protection and utilities. Explain how the proposed use will be served.
The proposed use will be served adequately by existing essential public services. CellNet's
proposed use will require additional electric and telephone service to the site. CellNet wil] be
responsible for the installation and expense associated with any such utility service.
G. The use shall not create excessive additional requirements at public cost for public
facilities and services and sha❑ not be detrimental to the economic weifare of the CiTy.
Justify this statement.
Ce11Net's proposed use of public facilities and services wiil be minimal. Any use by Ce11Net of
public faoilities and services will be consistent with the current use of such public facilities and
services by NSP. The proposed use wili not be detrimental to the economic welfare of the City;
rather, the City wili benefit economically from CeilNet's proposed use because the City is
receiving compensation from Ce11Net in exchange for an easement over the site.
A. The use shall preserve and incorporate the site's important natural and scenic
features into the development of adjacent vacant land. Wilt these criteria be met?
The proposed use will preserve the site's important natural and scenic features because it will not
significantly increase the use of the site and because CeI1Net's proposed structure will be
unobtrusive and will be concealed from surrounding land by shrubbery.
L The use shall cause minima( adverse environmental effeMs. List any effects.
The proposed use will not cause any adverse environmenta] effects.
J. The use shall nut adversely affect the potential development of adjacent vacant land.
List any potential problems.
Because CellNet's proposed use of the site adds only minimally to NSP's existing use of the site,
Ce11Net's proposed use will not adversely affect the potential development of adjacent vacant
land. Furthermore, the adjacent land is fully developed.
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6-12-98
Cottage Grove Planning Commission
Ciry of Cottage Grove
7516 84th St. South
Cottage Grove, MN 55016
Dear Cottage Grove Planning Commission;
I am writing to voice my opposition to granting Ceilnet a permit to construct "an
electromagnetic communications antenna" and "a varia�ce to construct an equipment
storage structure" in my neighborhood.
Websters dictionary defines the ward variance as "something normaliy forbidden by
regulation". Why would you make an exception to public zoning regulations for the sake
of private industry? Why should Cellnet be exempted from zoniog regulations that
govern the rest of the ciry? Why can't this company build it's antenna and equipment
storage structure in an area that is zoned for such purposes?
The fact that there are unsightiy power structures on a public utility easement running
through the middle of my neighborhood is bad enough without adding additionai antenna
and storage strucCures to ihis eyesore.
I don't believe that installing this structure is in the public interest of the citizens of
Cottage Cnove. Please do not make an exception to the law for this company to conduct
it's business in my neighborhood.
Sincerely,
, �>-1 �.-- � r�ru-��
Steve Jargenson�-�
8824 72nd St. South
Cottage Grove, MN. 55016
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From Eileen M. Kromer
7221 Ivystone Ave so.
Cottage Grove, Mn.
To Planning Division of the
Community Development Dept
Received no�ice of public hearing to install an
electromagnetic communications antenna on an eYisting
NSP electrical transmission tower and a variance tc
construct a(SHED) called an equipment storage structure
on outlet B. Pine tree pond east additiion, Washington
County.
I have no problem with the antenna but am opposed
to the building of any shed (Equipment storage stucture)
It is bad encugh having the transmissicn tower but the
build?na of a shed would further reduce prc�aerty vaiue
in this area. Let the workers bring the equipment with
them wher. work is req_uired. If they have a problem with
this let them build the shed some other
place.
I am sendinq these comments in case i cannot
attend the meeting on June 22, 1998.
Thank Ycu
� J /
�"'�.�C�i - �ij .c.�-3ou -._. '
Eileen Kromer
Resideni 7221 Ivystone Ave. So.
Cottage Mn. Mn 55016
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