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05-107Council File # �� __�,Q� Green Sheet # 3024985 RESOLUTION OF Presented By � PAUL, A�IINNESOTA � Referred To Committee: Date 2 WHEREAS, on May 4, 2004, in Zoning File 04-082-904, T-Mobile made application to 3 the Saint Paul Plamung Commission (the "Commission") far a Conditional Use Permit pursuant 4 to the provisions of the zoning code for property located at 2000 St. Anthony Avenue and 5 commonly known as the Meniam Pazk Recreation Center, for the purpose of installing a cellular 6 telephone antenna pole by replacing an existing 75-foot light standard located on the recreation 7 center grounds;and 9 WHEREAS, the Commission's Zoning Committee conducted a public hearing on May 10 27, 2004, after having provided notice to affected property owners, and submitted its 11 recommendation to the Commission. By its Resolution No. 04-49, adopted on June 4, 2004, the 12 Commission, decided to grant T-Mobile's application based upon the following findings and 13 conclusions set forth therein: 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 2. T-Nlobile is requesting a Conditional Use Permit to allow installation of antennas on a 75-foot tall freestanding pole on the property of the Merriam Pazk Playground and Recreation Center. The playground is owned and operated by the City of Saint Paul Deparnnent of Parks and Recreation. Three sectars of antennas are proposed at the top of the monopole. The existing lights for the playground will be attached to the pole at mid-height. Four small radio cabinets will be located on the ground. The tower meets the applicable setbacks. The applicant desires to add the communications equipment to allow complete coverage to mobile phone users in this area. Saint Paul Park and Recreation Department staff are in negotiation with T-Mobile regarding the terms and conditions of the leasehold agreement. The agreement requires City Council approval. Installation of additional carriers will solely be at the discretion of the City of Saint Paul. Section 60.413(18) of the code lists the conditions for the installarion of cellulaz telephone antennas on a freestanding pole on institutional use properiy as follows: a. The applicant must demonstrate that the proposed antennas cannot be accommodated on an existing freestanding pole, an existing residential structure at Zeast sixty (60) feet high, an existing institutional use structure, or a business building within one-half (%) mile radius of the proposed antennas due to one (1) or more 39 40 41 42 43 44 45 46 47 48 49 the following reasons: 1. The planned equipment would exceed the sv-uctural capacity of the existing pole or structure. 2. The planned equipment would cause fnterference with other existing or planned equipment on the pole or structure. 3. The pZanned equipment cannot be accommodated at a height necessary to function reasonably. 4. The owner of the existing pole, structure or building is unwilling to co-locate an antenna. 50 This condition is met. T-Mobile stated in the application that they 51 had reseazched possible sites in this azea to accommodate the 52 antennas and equipment. They determined that there are no 53 existing structures in the azea that are taller than 60 feet, have a 54 willing landowner and/or meet the coverage objective. The 55 applicant has supplied a radius map with detailed information on 56 each sh reseazched. 57 58 54 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 74 80 81 82 83 84 85 86 87 88 b. The freestanding pole sha11 not exceed seventy-ftve (75) feet in height, unless the applicant demonstrates that the surrounding topography, sh-uctures, or vegetation renders a seventy-five foot pole impractical. Freestandingpoles may exceed the above height limit by twenry-five (25) feet if the pole is designed to carry two (2) antennas. This condition is met. The proposed pole is 75 feet in height. c. Antennas shall not be Zocated in a required front or side yard and shall be set back one (1) times the height of the antenna plus ten (10) feet from the nearest residential structure. This condition is met. The nearest residential structure is 1947 Roblyn, which is approximately 400feet away from the proposed pole (85 feet setback required). d. The antennas shall be designed where possible to blend into the surrounding em>ironment through the use of color and camouflaging architectural treatment. Drawings or photographic perspectives showing the pole and antennas shall be provided to the planning commission to defermine compliance with this provision. �- �� This condition is met. The applicant stated that the poles will be steel and painted to match the existing light poles. Photographic perspectives showing the pole and antennas are attached. Page 2 of 5 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 114 120 121 122 123 124 125 126 127 128 129 130 lil 132 133 134 135 136 137 138 p5 1�1 e. Antennas Zocated in historic distf-icts or on historic building sha11 be subject to the review and approval of the heritage preservation commission. This condition is not applicable. The building is not in a historic district. f Freestanding poles sha11 be a monopole design. This condition is met. g. Transmitting, receiving and switching equipment shall be housed within an existing structure whenever possible. If a new equipment building is necessary, it shall be permitted and regulated as an accessory building, section 62.106, and shall be screened form view by landscaping where appropriate. Four small cabinets for housing the equipment for operation of the antennae will be placed on the ground. The largest cabinet is about 3 feet wide by 2.5 feet long by 4.5 feet tall. The equipment cannot be accommodated within an existing siructure and does not need a new shucture. The applicant initially proposed a chain link fence around the cabinets. After discussion with staff at the Parks and Recreation Department, the applicant removed the fence, as childten will likely climb over the fence to retrieve balls, causing safety concerns. The cabinets will be double locked wifh electrical wires entirely underground. The equipment will not be a hazard to the public. The screening and concealment of ground equipment will be determined jointly between T-Mobile and Saint Paul Department of Parks and Recreation. h. The zoning lot on which the pole is located shall be at least one (1) acre in area. This condition is met. The parcel is 9.8 acres in size. Section 64300 of the code lists general standards for conditional uses the planning commission must consider before granting approval of a conditional use permit as follows: a) The extent, Zocation and intensity of the use will be in substantial compliance with the Saint Paul Corrcprehensive Plan and any appZicable subarea plans which were approved by the city council. This condition is met. The City's Economic Development Strategy refers to the importance of ensuring investments in local and regional infrastructure supportive of economic development. Communications linkages are identified as being an important aspect of infrastructure. Page 3 of 5 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 �-�o� b) The use will provide adequate ingress and egress to mirsimize traffic congestion in the pubZic streets. This condition is met. The proposed communication equipment is made of galvanized steel and requires minimal maintenance. It will not affect traffic circulation at the recreation center. c) The use will not be detrimental to the existing character of the development in the immediate neighborhood or endanger the public health, safery and general welfare. This condition is met. The cabinets will be double locked with electrical wires entirely underground. The antennae proposed on this site will be secured according to building code standards and will not be detrimental to the chazacter of the neighborhood or endanger the health, safety or general welfare of neighborhood residents. d) The use will not irrcpede the normal and arderly development and improvement of the surrounding property for uses pernzitted in the district. This condition is met. The surrounding azea is a mix of one- and two-family homes and apartments. The area is already developed and the proposed use would not impede any expansion or improvement of existing developments. The property is a City-owned recreation center, where no development is eYpected. The applicant agrees to remove the antennas when they are no longer used. The monopole structure will be dedicated to the Parks and Recreation Department. e) The use shall, in all other respects, conform to the appZicable regulations in the district in which it is located. This condition is met. The use conforms to the all other applicable requirements of the code. WHEREAS, on June 18, 2004, pursuant to the provisions of the zoning code, the Merriam Park Community Couneil (the "Community Council") duly filed an appeal from the determination made by the Commission and requested a hearing before the City Council for the purpose of considering the actions taken by the said Commission; and WHEREAS, acting pursuant to Leg. Code §§ 61.702 and 704, and upon notice to affected parties, a public heazing was duly conducted by the City Council on July 28, 2004, and at the close of the public hearing the matter was laid over for determination until August 4, 2004; and WHEREAS, on August 4, 2004, upon the motion of Councilmember Lantry, the matter was laid over again until August 11, 2004; and Page 4 of 5 189 190 191 192 193 194 145 196 191 198 199 200 201 202 203 204 205 206 207 208 209 210 2ll c�, WAEREAS, on August 11, 2004, based upon a reported a�eement between the neighbors and the applicant, T-Mobile, Councilmember Benanav moved to deny the appeal and to uphold the decision of the Planning Commission whereupon a vote �vas duly taken and the appeal was denied on a 5-0 vote; Now, Therefore, BE IT RESOLVED, that the appeal o£the Community Council is hereby denied based upon the agreement reached between the Community Council and the applicant as established above. AND BE IT F`URTHER RESOLVED, that copies of tlus resolution are mailed by the city clerk to T-Mobile, the Community Council, the Commission, the zoning and planning administrators and to the department of pazks and recreation; and AND BE IT FURTHER RESOLVED, that the department of parks and recreation shall secure a copy of the agreement reached between the applicant and the Community Council and shall cause a copy of the said agreement to be delivered to the zoning and planning administrators and that a copy of the said agreement shall be maintalned on file for future reference in each of the respective city offices named in this paragraph. AND BE IT FINALLY RESOLVED, that the said agreement shall also be attached to and made part thereof of the said Conditional Use Permit granted under the application which became the subject of this appeal. �� y� �• i%/%`i! `�/J . . / � - �r � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � IY�-1(1�1 .... -- - Departrne'M/office/council: Date Initiated: pE — P��n�o�g�nomicDevelopment z�-.�-05 Green Sheet NO: 3024985 Colrtact Person 8 Phone: Denartrnent SerH To Person Initia�� Yang Zhang �/-��)�/'' � 0 lan in & Eco omie evelo . Soderho m �y 6-6659 ``i ° Assign 1 lan �n & Eco omic Develo De artment Director � Must Be on Council Agenda by (Date): Number Z �n ttorne P. warne � For Rouling 3 vor's Office Ma or/ASSistant Ordef 4 onn il 5 ' G7erk CS Clerk Total # of Signature Pages �(Clip All Locations for Signature) Acfion Requested: Memorialize City Council denial of the appeal of a Planning Commissioner resolution approving a Condirional Use Permit for a cell phone antenna at 2000 St. Anthony Avenue (Merriam Pazk Recreation Center). The appeal was filed by the Merrian Pazk Community Council. Recommendations: Approve (A) or Reject (R): Personal Service Contrects Must Answer the Following Questions: � Planning Commission 1. Has this person/firm ever worked under a contract for this department? CIB Committee Yes No Civil Service Commission 2. Has this personffirm ever been a city employee? Yes No 3. Does this personlfirm possess a skill not normally possessed by any current city employee? Yes No Explain all yes answers on separate sheet and attach to green sheet Inifiating Problem, Issues, Opportunity (Who, What, When, Where, Why): T-Mobile on May 4, 2004 applied for a Condirional Use Permit to install a cell phone antenna at 2000 St. Anthony Avenue. The Plauuing Commissioner approved the applicarion on June 4, 2004 subject to special condirions. Memam Pazk Community Counc$ filed an appeal on the Condi6onal Use Permit on June 18 to the City Council. The City Council held a hearing on 7uly 28, 2004 and voted to deny the appeal on August 11, 2004. Advantages If Approved: . . " '� y� � ;�' '� � . City Council action can be memorialized. `��°� ,�/�!�` � �e' 2��°� Disadvantages ff Approved: �'� � �- � � p� �Q p� None �� "a F ��P�� E JA� 312005 Disadvarrtages H Not Approved: Zoning Case cannot be closed-and City Council action can not be memorialized. �E�� (V`�� ;�.ii �; -� ��,�°, Total AmouM of _Q _ CosURevenue Budgeted: � Transaction: �itfl, ��^ i [ �Yi;l�UEI a'3 i`?°i�i Fundinp Source: ActiviN Number: Financial Infortnation: � �Exptain) DEPARTM£NTOFPLANNIIVG & ECONOMIC DEVELOPMENT MarthaG Fulleq Director CITY OF SAINT PAUL Randy C. Kelly, Mayor June 30. 2��4 Ms. Mary Erickson City Council Research Office Room 310 Gity HaII Saint Paul, Minnesota 55102 Dear Ms. Erickson: 25 West Fourth Sveet Saint Paul, MN 55102 05- �0� � Telephone�657-266-6700 Facsimi(e: 657-228-3220 i would like to confirm that a public hearing before the City Council is scheduled for Wednesday, July 28, 2004, for the foilowing zoning case. Zoning File Number: Appellant: Address: Purpose: Previous Action: 04-110-712(appealof04-082-904) Merriam Park Community Council 2000 St. Anthony Ave., SE corner at Wilder Appeal of Planning Commission decision granting a Conditional Use Permit to allow a cellular telephone antenna located on a free standing pole. Zoning Committee Recommendation: Approval with conditions, 5- 1(Faricy) May 27, 2004 Planning Commission Recommendation: Approval with conditions, 12 in favor, 7 opposed, June 4, 2004 I have confirmed this day with Councilmember Benanav's office. My understanding is that this public hearing request will appear on the agenda for the City Council meeting and that you will publish notice of the hearing in the Saint Paul Legal Ledger. Please call me at 266-6659 if you have any questions. Sincerely, Yang Zhang Ciiy Planner cc: File # 04-110-712 Appellant: Merriam Park Community council Paul Dubruiel Wendy Lane Carol Martineau Allan Torstenson ' - IfQT-IC£ OF FIIBLLC �AR�•NG - 1 � 14re Saint Paul�Council�wiIl con= "dncE a Pu6Hahearu�gon Wedn��y, July ` 28,'2004, at 5:30 p.m, ia.the City.C`,ounq7 , munity Counc7 W a decisibn of tbe Plan. o;�o Com�nis'sion graating a Cpndit,�g� Use�Permit to aAow a ceHulai,fo - aatenna lagtetl on a frcestan�Fateat 20U0 St. Anthoay Avenue, SE cora�r��'at QV91der... - `- _ . . , , Dated: July 2, 20Q4 . � - MARY ER[CKSON, � Assistant City Conndt�S�retary . c��y 8) ` sa: rwon�� z2�2824 ` � - � - AA-ADA-EEO Employer DEPARTMENT OF PLANNING & ECONONllC DEVELOPMENT Susan Kimber[y, Director cz� oF sairrT Paur. Randy C. Ke11y, Mayor July 19, 2004 Ms. Mary Erickson 25 West Fourth Sneet Saint Paul, MN 55102 OS- /�7 1 = � Telephone: 651-266-6700 Facsimile: 6� I-228-3220 City Council Reseazch O�ce Room 310 CiTy Hall Saint Paul, Minnesota 55102 Re: Zoning File #: OA-I10-712 (appeal of 04-082-904) Applicant: Merriam Park Community Council Address: 2000 St. Anthony Ave., SE corner at Wilder Purpose: Appeal of Planning Commission decision granting a Conditional Use Permit to allow a cellulaz telephone antenna located on a free standing pole. CiTy Council Hearing: Wednesday, July 28, 2004, 530 p.m., City Council Chambers Staff Recommendation: District Council: Approval with conditions Denial Zoning Committee Recommendation: Approval with conditions, vote: 5- 1(Faricy) Support: 0 people spoke, 0 letters were received Opposition: 3 people spoke, 7 letters were received Planning Commission Recommendation: Approval with conditions vote: 12 in favor, 7 opposed Staff Assigned: Yang Zhang, 266-6659 Attachments: Planning Commission resolution Planning Commission minutes, June 4, 2004 Zoning Committee minutes, May 27, 2004 Conespondence received Staff Report packet Sincerely, �� Yang Zhang cc: T- Mobile CiTy Council Members District Council: 13 Merriam Pazk Wendy Lane Larry Soderholm Allan Torstenson Peter Warner L Wmanda�ZOnvg�PCdocs\CCdocs\04d I04I2ju1y28-04covedettecwpd AA-P.DA-EEO Employer 05 -t o� �- r►o-��z.. � Zoning Appeal Application Form -� y l S "_ `° � �� G 3 Z- �-1&-0�4 APPLICANT Name Merriam Park Couununitv Council Address 1684 Selbv Avenue, St. Paut, MN 55104 City St. Paul St MN Zip 55104 Daytime phone fi51-645-6887 Name of owner (if different) PROPERTY LOCATION Address 2000 St. Anthonv Avenue, St. Paul, Minnesota Legal description: Merriam Pazk. Ramsev Co.. Minn. Subi to Hwv; Vac Sts & Alleys Accruine & Foi. Part Slv & Wlv of Hvw of Lots 1 Tluu 4 Blk 7 also I.ots 1'Tl�nx 3 Blk 16 Merriams Re & In SD Merriam Pazk, Blk 6 U � TYPE OF APPEAL: Application is hereby made for an appeal to the: _Board of Zoning Appeals X Ciry Council Under the provision of Section 61.702 of the Zoning Code, to appeal a decision made by the Planning Commission on June 4, 2004. File number: 04-082-904. GROUNDS FOR APPEAL: The standard for appeal pursuant to Section 61.702 is as follows: The City Council shall have the power to hear and decide appeals where it is alleged by the appellant that there is an error in any fact, procedure or Finding made by the...Planning Commission. The Merriam Park Community Council alleges errors in facts, procedures and Findings with regard to the grant of a Special Conditional Use Permit to T-Mobile for a freestanding cellulaz telephone tower in Merriam Park on June 4, 2004, Planning Commission File Number 04-082-904 on the foilowing grounds: Sec. 60.413. Principle uses permitted subject to special conditions states that: (18) Cellular telephone antennas located on a freestanding pole on institutional use property, subject to the following conditions: C�� O3Z U5-6o� a The appiicant demonstrates that the proposed antennas cannot be accommodated on an � �isting freestanding pole, an ezisting residential structure at least sigty (60) feet high, an e�sting institutional nse structure, or a business building within one-half (1/2) mile radius of the proposed antennas due to one (1) or more of the following reasons: 1. The planned equipment woald e$ceed the stractural capacity of the e�sting pole or strnctnre. 2. The planned eqnipment woald canse interference with other existing or planned equipment on the pole or structnre. 3. The planned equipment cannot be accommodated at a height necessary to function reasonably. 4. The owner of the existing pole, structure or building xs unwilling to co-locate an antenna. In T-Mobile's applicalion they identify 8 sites, which they dismiss as nnsuitable. Three of those sites are 60', 60' and 80 feet higL. TLe only reason they give for rejecYing those sites is that it does not meet their coverage objective. "Coverage Objective" is not one of the 4 permitted reasons for rejecting an altemate site within the %: mile radius of the proposed anteana Therefore the Zoning Commission erred in granting the condi�onai nse permit because they did not apply Sec. 60.413. Applicant has not demonstrated that the criteria for the speeial nse permit have been met In the application, the applicant identitied a variety of sites within the'/= mile radins of the � proposed tower, bnt provided no proof that these locations are unfeasible, anavailable or nnsuitable. Date:_� � p , 2004 Rolf Nor�om, President Merriam ark Community Council �� -u � �tc. 7�3 z- � � S oo � vs-1o7 city of saint paui �planning commission resolution file number o4-�9 d ate June 4, 2004 WHEREAS, T- Mobile (Merriam Park), Fi(e # 04-082-904, has applied for a Conditional Use Permit for a cellular telephone antenna on a freestanding pofe under the provisions of §60.413(18) and 64.300(d) of the Saint Paui Legislative Code, on property located af 2000 St. Anthony Ave., Parcei Identification Number (PIN) 33-29-23-33-0115, legally described as MERRIAM PARK, RAMSEY CO., MINN. SUBJ TO HWY; VAC STS & ALLEYS ACCRUING & FOL. PART SLY & WLY OF HWY OF LOTS 1 THRU 4 BLK 7 ALSO LOTS 1 THRU 3 BLK 16 MERRIAMS RE & IN SD MERRIAM PARK, BLK 6; and WHEREqS, the Zoning Committee of the Pianning Commission, on May 27, 2004, held a public hearing af which alI persons present were given an opportunity to be heard pursuant fo said apptication in accordance with the requirements of §64.300 of the Saint Paul Legislative Code; and WHEREAS, the Saint Pau( Planning Commission, based on the evidence presented to its Zoning Committee at the public hearing as reflected in the minutes, made the foltowing findings of fact: 1- T-Mobile is r f r1 L� 2. eques ing a Condit�onal Use Permit to allow instaliation of antennas on a 75-foot tall freestanding pole on the property of the Merriam Park Playground and Recreation Center. The playground is owned and operafed by the City of Sainf Paut pepartment of Parks and Recreation. Three sectors of antennas are proposed at the top of the monopole. The existing lights for the piayground will be attached to the pole at mid-height. Four small radio cabinets wiil be located on the ground. The tower meets the appiicable setbacks. The applicant desires to add fhe communications equipment to al(ow comptete coverage to mobile phone users in this area. Sainf Paul Park and Recreation Department staff are in negotiation with T-Mobile regarding the terms and conditions of the leasehoid agreement. The agreement requires City Council approval. fnstallation of additional carriers will solely be at the discretion of the City of Saint Paul. Section 60.413(18) of the code tists the conditions for the instaliation of ceilular telephone antennas on a freestanding pole on institutionai use property as foi�ows: a. The applicant must demonstrate that the proposed antennas cahnot be accommodated on an exisSng freestanding pole, an exisSng residential structure af /easf sixty (60) feet high, an existing insfitutional use structure, or a business building within one-half (%) mile radius of the proposed antennas due to one (1) or more the fo!lowing reasons: 1. The planned equrpment would exceed the structuraJ capacrty of the existing pole or structure. 2: The pfanned equipment would cause interference with other existing or planned equipment • on the po% or structure. 3. The planned equipment cannot be accommodated at a height necessary to function reasonably. 4. The owner of the existing po%, structure or building is unwilling to calocate an antenna. moved by Morton seconded by � favor 11 against 7(Fotsch, Lu, Gordon Faric Johnson Coletta McCall) „ y, > , d5-l6� Zoning File #04-082-g04 Planning Commission Resolution Page 2 of 3 This condition is mef. T-Mobile stated in the application that they had researched possible sites in • this area to accommodate the antennas and equipmenf. They determined fhat there are no exisfing structures in the area that are tafler than 60 feet, have a wiliing landowner and(or meet the coverage objective. The applicant has supplied a radius map with detailed information on each structure researched. b. The freestanding po% shall not exceed seventy-frve (75) feet in height, unless the applrcant demonsfrates that the surrounding topography, structures or vegetation renders a seventy-five- foot pole impracticaL Freestanding po/es may exceed the a6ove heighf limif by twenty-five (25) feet if the pole is designed to carry fwo (2) anfennas. 7his condifioR is met. The proposed pote is 75 feet in height. c. Antennas shal! not be located in a required front or side yard and sha!l be set back one (1) 6mes fhe height of the antenna plus ten (10) feet from the nearest residential structure. 7his condifion is mef. 7he nearest residen6at structure is 1947 Roblyn, which is approbmately 400feet away from the proposed poie (85 feet sefback required). d. The antennas sha0 be designed where possible to blend into the surrounding environment through the use of color and camouflaging archifectural treatment. Drawings or photographic perspectives showing the pole and antennas shall be provided to the planning commission to determine compliance with this provision. This condifion is met. The appiicant stated that the poles will be steel and painted to metch fhe existing light pofes. Photographic perspecfives showing the pole and antennas are attached. e. Antennas locafed in historic districts or on historic building shal/ be subject to the revrew and � approval of the heritage preservation commission. 7his condi6on is not applicable. The building is nat in a hisforic district. f. Freestanding poles shall be a monopo% design. - This condifion is met. - g. Transmifting, receiving and switching equipment shall be housed within an existing structure whenever possi6/e. /f a new equipment building is necessary, it sha/1 be permitted and regulated as an accessory building; section 62.106, an. d shal/ 6e screened form view by Iandscaping where appropriate. Four smati cabinets for housing the equipment for operation of the antennae wiB be placed on the ground. The largest cabinet is about 3 feet wide by 2.5 €eet long by 4.5 feet taff. Tfie equipment cannof be accommodated within an ebsting structure and does nof need a new strucfure. The appiicant initiaily proposed a chain link fence around the cabinets. Affer discussion wifh staff at fhe Parks and Recreation Department, the applipnt removed the fence, as children will Iikely climb over the fence to retrieve balis, causing safety concems. The cabinets will be double locked with electrical wires entirely underground. The equipment wilf not be a hazard to the public. The screening and concealment of groimd equipment wiit be detertnined jointiy between T-Mobile and Saint Paul Department of Parks and Recreation. h. The zoning lot on which the po% is locafed shall be at /east one (9) acre in area. This condition is met. The parcel is 9.8 acres in size. 3. Section 64.300 of the code lists general standards for cortditional uses the pfanning commission must consider before grartting approva( of a conditional use permit as follows: a) The extent, location and intensity of the use will be in substantral complrance with the Sainf Paul • Comprehensive Plan and any applicable subarea plans which were approved by the city councii. This condition is met. The Cify's Economic Devetopmenf Strategy refers to the importance of v5 � c�� Zoning File #04-082-9�4 Planning Commission Resolution Page 3 of 3 � ensuring invesfinents in Iorai and regiona! infrastructure supportive of economic development. Communicafions finkages are identified as being an important aspect of infrastructure. b) The use wil! provide adequafe ingress and egress to mrnimize traffc congestion in the public streets. Tfiis condition is met. The proposed communication equipmenf is made of galvanized stee! and requires minimal maintenance. It wii! not affect traffic circulation at the recreation center. c) The use wi!l not be detrimenta! to the existing character of the development in the immediate neighborhood or endanger the public hea/fh, safety and generai welfare. This condition is met. The cabinefs wiI( be double locked with electricai wires entirely underground. The antennae proposed on this site wili be secured according to building code standards and wili not be detrimental to the characTer of the neighborhoad or endanger the health, safety or general weffare of neighborhood residents. d) The use will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district. This condition is met. The surrounding area is a mix of one- and hvo-family homes and apartmenfs. The area is already developed and the proposed use would not impede any e�cpansion or improvement of existing developments. The property is a City-owned recreation center, where no development is expected. The applicant agrees to remove the antennas when they are na longer used. The monopole structure wiil be dedicated to the Parks and Recreation Departmenf. � e) The use sha/l, in all other respects, conform to the app/icable regu/ations in the district in which if is located. This condition is met. The use conforms to the all other applicabie requirements of the code. NOW, THEREFORE, 8E IT RESOLVED, by the Saint Paul Planning Commission, under the authority of the City's Legislative Code, that the application of T- Mobile (Merriam Park) for a Conditionai Use Permit for a ceilular tetephone antenna on a freestanding pole at 2000 St. Anthony Ave. is hereby approved subject to the foilowing conditions: 1. A lease agreement is reached between T-Mobile and the City of Saint Paul and approved by the Cit�� Councii; 2. The screening and conceaiment of ground equipment shall be approved by the City of Saint Paul, Department o4 Parks and Recreation; 3. If the antennas are no longer used for cellular phone service they shall be removed within one year as stated in section 62.120 of fhe code; and 4. During the effective period of the lease, T-Mobile shall be responsible for removal or relocation of the cell phone antenna(s) and monopole at T-Mobi(e's expense if required by the City of Saint Paui. i D5- I v� Samt Panl Planning Commission � Cify Hall Conference Center 25 Kellogg Boulevard West MinnYes of Jnne 4, 2004 A meeting of the Planning Commission of the City of Saint Paul was held Friday, 7une 4, 2604, - at 8:30 a.m. in the Conference Center of City Hall. Commissioners Mmes. Donnelly-Cohen, Faricy, Zimmer Lonetti, Lu, McCall, Morton, Porter Present: and Trevino; and Messrs. A1e�nder, A1ton, Anfang, Coletta, Dandrea, Fosch, Gordon, Johnson, Kong, Kramer, and MardeIl. i oinmissioners Messrs. *Mejia, and *Scott. A6sent: *Excused � Aiso Present: Larry Soderholm, Planning Administrator; Allan Torstenson, Nancy Homans, Donna Drummond, Pahicia lames, Yang Zhang, Lucy Thompson, Casey MacCallem, and Mary Bruton, Department of Plaiwing and Economic Development staff. I. II. 111 Approvai of ntinutes of May 21, 2QI.W MOTION: Commissioner Trevino moved approval of the minutes of May 21, 2004. Commissioner ponnelly-Cohen seconded the motion. The motion carri¢d unanimously on a voice vote. Chair's Announcements Chair Johnson stated that the Phalen Corridor held a meeting and tour on June 3rd , and asked Commissioner Trevino to coa�ent on the tour. Commissioner Trevino reported the tour started at the west end of the corridor at the Williams Aill site and extended to the east end of the corridor at Ames Lake, neaz Phalen. The tour lasted one hour and covered all of Phaien Boulevazd from the first phase (Mississippz Street to Payne Avenue), which is complete, and now they aze in the second phase (Payne to Arcade Street}, which is expected to be finished in November, 2004, and the final phase (Arcade to Johnson Pazkway), which is not yet fully funded. They saw all the new housing developments, the senior housing, townhouses, new homes, and the sites for future commercial and industria.l development. It was a very impressive tour and ihe project is going along very well. planning Admmistrator's Announcements Mr. Larry SoderhoIm reported that last Saturday, May 29, 2004, the new Zoning Code went � into effect; Allan Torstenson worked diligently on getting it to print. Commissioners will be receiving their copies during the momh of June. d 5 107 City Council business on 6/2/2004: � - The PIanning Commission recommended, because of the 60-day ruling, that we change the appeals periods to 10 days from the date of action by the Commission. Tfiat had a public heacing last Wednesday; there was no testimony and it will probabiy be adopted next Wednesday, June 9, 2004. - The alley vacarion for the new hbrary at Dale and Universiry was laid over. - r111 of the zoning cases are moving ahead. �, State legislation about nonconforming uses was adopted by this session. It makes the Planniug Commission's power to zegulate aonconforming uses much weaker than before. Mr. Soderholm staxed the bili allows nonconforming uses to be demoIished and rebuiit within a yeaz. This tiill weakens ihe authority of our 4Q-Acre Zoning St¢dies to tty to change a neighborkood's character. It goes into effect 8/1l04 and conflicts with our existing zoning regulations, so we ue going to have to urenue some code amencLm_snts �ce*?, IV. Zonmg CommitEee Commissioner Morton gave the Zoning Commiuee report. �+04--082-904 T-Mobile (Nlerriam Pazk) - Conditional Use Permit for a cellular telephone antenna �� on a freestanding pole. 2000 St Anthony Ave., SE comer at Wilder. (Yang Zhany 651/266-6659) Commissioner Morton sfated DisYrict I3 - Merriam Pazk recommends deniai. No one spoke in � support. Three pazties spoke in opposition, 8 letters received in opposition. The public hearing was ctosed. The Zoning Committee recommended approvai witfi conditions on a vote of 5-1 (Faricy). MOTION: CommissionerMortox moved the Zoning CommiYlee's recommendation to approve with conditions the coaditional ure permit Commissioner Faricy stated she voted against this because of 3-C. She thinks the use will be detrimentat to the existing character and development of the immediate neighborhood and she thinks will endanger the public health. Commissioner Faricy said the Commission has granted foz one of rhese antenna Yelevision towers in anotfier pazk and several years ago they also granted permission for many billboards to be placed on flte fences in the public pazks and she feels that we have gone faz enough with our public pazks. Commissioner Fotsch stated he has lived in the azea for 40 years and said the pazk doesn't haue enough space in it for a neighborhood as it is and this is just an unneeded iahvsian into the pubIic space and there is no reason that we should sell any of that space to anyone else. Itight across the freeway from tIus pazk there aze aII kinds of places they can place it There is no reason this public agency should approve this kind of a private benefit for the intrusion of tfie neighborhood and strongly urged the Commissioners to vote against ttiis. Commissioner Anfang stated the land is being leased not sold and said as it cturently stands there 2 � d5-/c�� . /� is a light standard which this pole will replace and stand above that light standard and would be � no less intrusive to the azea of that park. If there is a health and safety issue at Merriam Park it is � the terrain of the field fhat is sitting there that needs work. He doesn't befieve this will cause auy % pmblem with the usage of that field. ;� Commissioner Alton stated that Commissioners Faricy's and Fotsch's comments aze appropriate, / however he stated he looked at this as a land use issue and as a land use issue it seems that the application met all the requirements. The issues that have raised in opposition aze those that relate to a policy question of whether we shouid be using our public pazks for this purpose and that is an issue that should be raised with the Depaztment of Public VJorks as to whether they should enter into the lease with T-Mobile. Commissioner McCall asked how long the leases last and Commissioner Anfang stated at the Zoning Committee hearing the representative from T-Mobile suggested that it would be a 5 yeaz lease with options out to 20 yeazs. Commissioner Kramer said that one of flie condirions that the Zoning Committee did add which had not originally been proposed by the staff was that at any time during the period that the lease with T-Mobile e�sts, if the City wants the pole moved within the site or removed entirely that the cost has to be bome by T-Mobi:e. Commissioner Johnson stated there was a letter from the Merriam Pazk Communiry Council in opposifion to this. Also, there was a peti6on of 65 neazby residents signed in opposiflon to this. � However, there is a motion for approval from the Committee with a vote of 5-1 in favor with conditions. �---- The motion passed on a vote of II-7 (Fotsch, Lu, Gordon, Faricy, Tohnson, Coletta, McCall). #04 082 901 T-Mobile (Matgaret Plaveroundl - Conditional Use Permit for a cellulaz telephone antenna located on a freestanding pole. 1�09 Mazgazet, NW comer at Frank. (yang Zhang, 651/266-6659) Coramissioner Morton stated District 4 recommends approval. No one spoke in support, l letter received in support. No one spoke in opposition. The public hearing was closed. The Zoning Committee recommended approval with condirions on a vote of 5-1 (Faricy). MOTION: Commissioner Morton moved the Zoning Committee's recommendation to approve with conditions the conditional use pernut Commissioner Fazicy stated she voted against this for the same reasons as the previous case. The motion carried on a vote of IS-3 (Faricy, McCall, Lu). #04-082-898 Phalen Villa�e Housina - Condirional Use Permit for a multi-family dwelling development. 1365 Magnolia Ave., between Johnson Pkwy. and Bazclay St. (Nancy Homans, 6511266-6557) � Commissioner Morton stated Distriet 2 recommends approval. No one spoke in support. Two 05-! �7 MINUTES OF THE ZONWG COMMITTEE Thursday, May 27, 2004 - 3:30 p.m. • City Council Ci�ambers, 3rd Floor City Hatt and Court House 15 West Keilogg Boulevard PRESENT: Alton, Anfang, Donnelly-Cohen, Faricy, Kramer, and Morton ASSENT: Gordon, and Mejia STAFF: Yang Zhang, Carol Martineau (Mary Bruton), Atlan Torstenson and Peter VNamer The meeting was chaired by Commissioner Morton. T- Mobile (Merriam Park) - 04-082-904 - Conditional Use Permif for a ceilular telephone antenna on a freesfanding pole. 2000 St Anthony Ave., SE corner at Wilder. Yang Zhang presented the staff report with a racommendation of approval with conditions for the Conditional Use Permi:. Commissioner Faricy quesYioned if there was previous approval of celi phone antennas on pubiic property and Ms. Zhang stated the only one approved on Parks and ftecreation property was the Jimmy Lee Recreaiion Center, although there are other cell phone ante�nas on Public Works or Water Utility properties. i he appiicarrt, Cnristopher Coughlin, is a represeniative of T-Mobiie. Mr. Coughiin stated there was a pubiic � h ring on March 22nd at tVterriam Park and the proposa! included in the application packet was mod�ed and tak�^ ;�!o considera±ion much of the inpu! r=garding the locatior, and issues about the fence that was received from the pubiic that night. Applicant showed an updafed picture of the antenna on a 45' light pole showing the net gain of just the antenna. He said the main objective is to increase in-home coverage. Commissioner Faricy asked where the ciosest antenna of other wireless phone companies was located and ?he app!icant s?a±ed there was one to the north across !-94, Q�r�es?, ar.d said the�f did analyzs tha! and it did^`t serve their nezds. Commissioner Alton question whether the applicant had negotiated a{ease with the Parks and Rec Dept. and the appiicant said they are in the finai stage of negotiations and that finai approval needs to go before the City Councii. Mr. Coughiin stated the Parks & Rec Board has voted to give authorization for negotiation to use public property for a fee. Commissioner Anfang asked what the current market rate was for a lease of a pole like this and the appiicant replied if was somewhere around $500.00 per month in the Twin Cities metro area for approximately 300 square fe=t. He said the number would be different for an existing structure to accommodate the antenna. No one spoke in support. Speakers in opposition include: i. Glen McCiuskey, 2016 Marshall Avenue, Saint Paul, MN., is a board member of the Merriam Park Community Councii and iives 1 block from Merriam Park. Mr. McCluskey stated the Merriam Park � Community Councit passed a resolution at its Aprii 2004 meeting opposing T-Mobile's proposed placement of a cell tower in the piayground. He stated that they recommended to the Saint Paul Parks & Recreation Department and the City Councii that T-Mobile not be ailowed to erect a cell phone tower in Merriam Park. They ace sympathetic to the Parks DepartmenYs desire to make up for fosY revenues and budget cuts but they be(ieve that public spaces should be maintained with pubiic funds for benefit of the generai pu6iic and not developed for the private benefit of T-Mobile, its subscribers, or any other �J �07 private interests. Their position is based on citizen input and on their Community Plan, which has been adopted by the City of Saint Paul as part of the Comprehensive Pian. The Community Plan requires any cell towers to be piaced on existing structures wherever possible, for instance, north of t-94. Mr. McCluskey said he hopes the City wiil reconsider plans to erect a private cell tower in Merriam Park � because it sets a troubling precedent. ff fiowever the City pursues the tower in spite of the Merriam ParR Council's objections, tfien Yhey would rzspectfully requesi that the City negotiafe a confract with T-Mobile that reaps the maximum benefit for the public such as being sure that fa+r market rate is charged for the use of this public park land, sacure sufficient lighting for playing fieids as a condition of the contract, and also insure tor the taking into account the cell tife cycie of the tower so thaf if if needs to come dow� both costs are bome by T-Mobile and not by the City of Saint Paul or the residenTs of Sainf Paut. Commissioner Anfang stated there was a letter received that said that more lighting would not be a desirad outcome of this and asked the applicant if tfie Merriam Council had considered that. Mr. McCluskey staYed they talked about the tighting and that if was never brought to their attention before this came up that more lighting was a gaod idea so they didn't havs any particular reasan to think that anyone wants more lighting, aithough certainly more lighting is fine, but they also understand that most evenis take ptace in the partc in the summer and end by about 9:00 p.m. when it is still light, so they didn't #hink additionai lighting was of a great benefii. But if a tower is eracf=d they would tike to see lighting and have the power fully paid for and the replacement of the buibs paid for, etc. Commissioner Kramer asked about the ultimaTe disposRion of the tawer saying the staff report has a recommendation tha; if the antennas are no longer used they shail be removed within 1 year as stated, and he is assuming tfiat appfies to the antennas and not tha tower. Ms. Zhang stated that is correct tha± the City wifl own th� tower ifself. Commissioner Kramer asked if T-Mobile wilt pay for tfie const^.:ctie^ of the to�r�er, a^d the C; NIf beccros t�e e.v;,er of the tow2r, if u�12 tDW2f f18S i0 COeTi2 down, fhe City is then responsibie for the removaf of the tow=r? Ms. Zhang stated yes that was right� 2. Waiter Eisner, '1990 Merriam Lane, Saint Paul, MN, across the street from the parlc. Mr. Eisner sYated he has 65 signatures of neighbors that opposed the piacing of the celt tower in Merriam Park. Mr. Eisner stated that the neighborhood opposition to this is overwhelming, iYs ctear, and it has been voiced clearly at the community mesting. 3. f2ich Wlber, 350 tV Clevetand Ave, Saint Paut, MN, 1 block over from the park. Mr. Krueger stated he was one of the individuals that went around and got the names on the signature sheet, and said that just so that the significance of that isn't diminished any, the 65 peopie that got it were the only people that were presented witfi it. Everyone that they spoke to signed tfie sheet in opposition to it, they did not want it, and these are not transient people, they are people that have tived there from 7-50 years. There was an overwheiming objection to the cell tower. Mr. Krueger stated when they moved to Merriam Park, it was not an industriai area and they don't want it to encroach into their neighborhood and their park which is a major focal poirtt oF their community. Commissioner Aiton asked if fhat was the overriding reason for peopie being opposed to it. Mr. Krueger said fhere were a number oF reasons, but largely, why was the fower not put across I-94 in the bus turn around, or other places not within the park itseif. 7he app(icanYs rebuttal remarks were made by Mr. Coughtin, who said: - regarding public use of fand, he said precedenf has besn set by Qwesi Wireless. - the City of Saint Paul througfi ths Saint Paui Regional Water 5ervices captures a large amount of revenue from many tenants of fhe wire(ess industty on water towers throughout the city. - at the March 22nd pubiic hearing the people were split 50/50 on the issue. • - for the most part the people wers in favor of the lights for soccer fields at night. - there is opportuniiy far the community to receive benefits from the Parks & Rec programs. - there were signatures in oppasition, b�t Mr. Coughlirt reminded the committee that af the pubiic hearing ther= were many in favor of the proposal. Much of the opposition was about the origina! proposal which has been revised. �-!0� Commissionar Kramer askad if T-Mobile would handle the cost of the lighting, which includes cosi of rzattaching lighrs and ongoing costs of the lights. Mr. Cougniin stated ongoing costs are paid by the City but th�y ar= paying renY which offsets the cost of the ligfifing. Commissioner Kramer asked about anter,nas ova4 vuhen not in use anymore because he doesn't want to sae the City resQonsibie for the cost of ..moving the pole as long as antennas are still on it. Applicant said they would remov= the antennas 6ut that Parks 8� Rec would s±iil use the lights. A�piicant stated they only wouid remove their own prooerty and the pola belongs to the Ci#y so the City wouid be responsib(e for moving tns pois. Commissioner Kramer asked how long tha iease agr=�m=nt was for and Mr. Coughlin stat=d this was for a 5-year term witn renewable options for a tota! of 25 years. Commissioner ponneliy-Cohen questioned fhe bus tumaround and asked if they couldn't get enough coverag� to locate in that area, to which Mr_ Coughtin stated was correct. He added that it is owned by Department of Transportafion land which has a charter that forbids third party encroachment. The public hearing was clos2d. Commission2r Alton questioned Mr. Warner, City Attorney, stating thai it appears that the opposition has be=n to the use of public park land for this priva!e purpose and asked if the Planning Commission has jurisdicYion ov=r usa of Parks 8� Rec Iand being leased to a privata enterprise. Mr. Warner stated yes, and explained there were specific conditions with respect to the pole and in addition, therz are generaf fand use provisions that are applicable to all special uses. This is reasonabl2 as it relat2s to park land. Commissioner Faricy moved denial because of Finding c(3) in Yhe staff report and said this will be detrimentai to the existing character of the dev=lopment of the neighborhood and it wili endanger the health, safety and general weifare ofi the nsighborhood residents. No second for the motion. Commissioner Kramer asked Mr. Warn2r that after the tower is erected sometims down the line when iY is �ed by Yhe City, the City is resoonsible for moving that tower for whatever reason during the term o4 the se and wants to know that if during the time that T-Mobile has a lease in place with ths City fhat they woul�l be responsible for any reloca:ion that tfie City may require of that structure. Mr. Warner stated that would be a reasonable addzd condition because the pole use is going to be on City property and said that the City has the duty to regui�te that through the land use parmit even if the City owns ths s#ructure. Commissioner tCramer moved approvai with condi#ions of the Conditional Use Permit with the additional condition that if during Yhe time of the Seasz, the City requires ihe pole to be removed or relocated it is the responsibility of T-Mobile. Commissioner ponneliy-Cohen seco�ded the motion. Commissioner Anfang stated he supports the motion saying that the risk posed by Commissioner Kramer's additional condition is probably minimal based on the location of the pole adjacent to 1-94 right on the property line, and said it is a reasonabie condiiion. Commission=r Alton said he wil! supporf the motion but ths neighborhood has very good concerns that should be voiced to Parks & Rec to consider public policy issues as ta whether or not they should be leasing space to private entarpriss. Adopted Yeas - 5 Nays - 1(Faricy) Abstained - 0 Draftad by: Submitted by: Approved by: � < , � �� Carol Martine (Mary Bruton) Yang Zhang Gladys M on Recording Secretary Zoning Section Chair FROM �� Mr. PauI Dubruiel PEB City of St Paul hHX NU. : b1C�Cl7 titftil Post-it' Fax Note 7671 Top �� r � a t,c� : 2' � � RE: MERRIAM PARK WAIVEit OF APPEALS DEADLTNE Dear Mr. Dubruiel: llRWN tkLHNllSUN June 22, 2004 .1Uf1. Gl GVJVJ4 YJtS:47W'i Yl 05-�� t am wri#ing to aclmowiedge that the city of St. Paul wiIl find it dif6cult to meet its lega2 30-day deadiine foz hearing Merriam Park's two cvrreat appeals, and ta waive the Memazn Pazk Communiry Council's right to have iU case heazd within 30 days provided the following conditions are met: C� (i} That'the Merriazn Pazk Community Council's case will be heard on 7uly 28�'; �ll� That tl�e Councxl's appcal will remain valid with this waiver; - (iii) Arxd provided #haf all necessary parties, -includiug the Usuvetsity of St. Thomas and T-Mobile have also agreed to waive the 30-day deadline. We uadentand this waiver to apply to both of our current appea[s, one mgarding the Un iversity of St. Thomas's groposed expansioa and the other regarcizttg T-Mobi2e's proposed construction o£ a cellular tower in Meniam Pazk. Pleas� contact me if theie are additional questions or concerns oa these matters. � ards, � Rolf rdstrom President Mexriam Pazk Community Council 655-643-U712 Home 612-278-7156 Work 651-246-9386 Cell DEPARTMIIVT OF PLANNING & ECONOMIC AEVELOPMENP M�tha G Ful7er, Diredor � Ib CITY OF SAINT PAUL Rmrdy C. Kelly, MQyor 7une 24, 2004 RolfNordstrom, President Memam Pazk Community Council 1684 Selby Ave. Saint Paul, MN 55104 Dear Mr. Nordstrom: 25 West Folvth Street Saint Pm�[, MNSSIO2 VIA FAX 651-917-9991 � TeLephone: 65I-266-6565 Facsvrsile: 651-228-3261 This is in response to your letter of June 22 to Paul Dubnuel of onr office regarding Merriatn Pazk Community Council's appeals of the University of St. Thomas conditional use permit and the T-Mobile conditional use permit. Ttus is to assure you that the three conditions stated in your letter will be met. The City Council public hearings for both will be on July 28`�, both appeaIs remain valid, and these aze within the timelines permitted under state law. St. Thomas did grant the City an additional 40 days to consider its application. The City's deadline for a decisiott on the St. Thomas permit appIication under this extension is August 12'�. Please let me know if you have further questions or need more information {651-266-6556). Sincerely, V o'^^o� Donna I?rummond City Planner cc: Yang Zhang, PED ✓ � C� U AA-ADA-EEO Employer MPCG SHCC 6519179951 07/14/Oa ei:m0pm P. 0mi � J I �./� Me�r�.am Park _. _ - �c��n�ty-C�i��c�� =��. __: , . _ _: _ _ . . 9 684--Setby •Averiue • St: -Paut-• -M� nnesota �• 55104 `" www.mernarn-par .org • ccmerriamC�agiliti.net tel: 651.645.6887 • fax: 651.917.999? FAX Number of pages: �_ �� FAX #: From: tte: MESSAGE_ DATE �' " � i � z��-- ;z� I � ` s, � Q' ' �� /� ..1 f � �. -7.�... 0 �/ C1 ./L �.r � � � . "��9 � .f_. ( � . �� u. �_ . � � , �•- � � _ � �� " l ��.F.�i �i..e � ��.; .� l S L�tiG—� _%� �.. � � �� L .� �.E � C..L�U G. r �` � \ -.s—..- . C% ` r � �[. c-�' �-�.. `_ � MPCC SMCC 6519179991 07/14/04 ��:00p� N. ��Z 05 �10'� � � Merriam Parlc - Not For Sale . We, tfie undersigned residents of the Merriam Par'ic neighbarhaod and users of Merriaen Park. oppose the use of Merriam Park as a site for a cell telephone tower proposed by the City of Saint Paul in March of 2044. Name Address Phone Email : ; i f ' �� ,1 :t .L % . ii.!'�� )i�LL.`�l��l ��.�� '/C .�isyK ?'..�te '7�' -`�, - :.i. ,� � r . ' / � � � U% �: 1 .L \,.� j:.( Y' : 1 r �� 1 �: t � I��t`�� C�;�'Lt`(`..(�_ L,�`D��; t S� �z '� 1 �r � � �- � �� : . :��fi"� ., �t1� �%� �'"'�.'� 2£� % 1 v(_ I� � �t �/S_ 7Sq�. ��f �.� , ` �--�--� e %��L�� '-��. � `:.] W .:ill-- � � : ,. � � 2Qa5 L�d�Z 603,8�a5 alich;;�QPcb;�k. om �itt ylt� ,.�BGS � � C•�' =` ��-c` �` fi r�n�.der.;anC'_ ; +, f ., z• ... ,'. . ' �:-.'�- ,�. I�I r. �S��r�� zz �rst� �r�1 A�e� �oy�`-oa�s � 8v� �313 AJ< i�s�x 6�6-ou3 �4,6 sac�w�sn. f, a„n.suc� r� ' �q�a G Et`ZE 2 0t-t t'\�' '(i�((-� "! CY�Co 8c'rs i Rc-nN. r�t'r �,'`ti„ =Ctl.; n r '�V��. -t,�9 itW��- i 3•:^ ( � 9C��C i�2:• a � i_ z ,� i� /, •!"!?'t- �^:: :�� 4 `}�'. � t�`�f� r �+.�t • r�'i /! �e°. L�Y' �✓� i .°3'� r', ./,1 , .t - ,'<v!� P � T .7 �-,r�� f� 1✓ r, �� `� �.�u -� i J s' �� . .' . , � ? ./_ _ _ ) ..i7_ � F . �"�1 . MPCC SHCC 6519179991 07/14/Oa 01:00pm P. 003 D5 -i D7 ! Merri�n Park -1l1�t For Salc We, the undersigned residents of the Nlerriam Park neiahborhoai and users of Merriam Park, oppose the use of Mesriam Park as a sste for a cetl telepFone tower proposed by the City of Saint Paut in fUiarch of 2004. Name Address 4'h4ne Email YVQ..j"i'�/!r �/� `J�(li✓ �� 1� /ldPiPt7�Wt LGL{�(.G �2 E�5A�C1'�4.�7`�aoG-G G� Tn.0 C��S vt.eX /9Qo f�.PifYtawt �,A.�e 2`Ea • 2 o�'a .Tau2 '�.w, �t C � c �� l d 0.�Cn T\ VS'�yhOVE� �Q:]� �C{�! 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C',_ i, i HPCC SHCC 05 -la � m�naiea 81:0da� �. �U14 Mer; ��3rri PaYk - Nc>t �or S�e: 6519179991 �.. {�C� ,,� �fl We, the undersigned residents of the MeRiam Park neighborhood and �asers of Merriam Park, oppose the use of Merriam Park as a site for a cell telephone tower proposed by the Cfir of Sainfi Paut in Maroh of 2004. A��r„e Arlrircce PhnnP '�mail ..._ 1 J�1°'l�i � o :t... ' Z�� i�a'3`-v)��'�? Ft C..� j}�ff`r��`{.( c '�7? ' t � •w+ i �`: � s :,' ! ; r' � acL'. y S • � �c�- L� 4'� ' r" vc�� i��f fs:�/�,,r1 �%� k�f. ��/t ,�;,<y r ^( s;SC.sn (z��ev'i �'� t d� �`f 7� �¢�t�,v� �v� 5"7 S=13 -..�i� �v; � t ,> c. �t ( 9 7 a � f.� �� t� &l - �e y� - 3� �.Se�sr • ; to r�a �-c t - �� - r � E � � � MPCC SMCC b519179991 07/14/04 01:00pm P. 005 �� V� L� MCT'f12T11 �.�i�C�- �C)l �'(3T S�iJ.0 We, the undersigned residents of the Merriam Park neigh6orhood and users of Merciam Park, oppose the use of Merriam Park as a site for a cel1 telephone tower praposed by the City of Saint Paul in March of 2004. � , . ��-, , ,/�� <� co�� @ ��I O� I (`� X ,�}��-. ��.4i n'r?-� . j J ' i /v� VV � 1 t�i-r/ ,.. d�c....� S;� . ' � c:.v. MPCC�SHCC 6519179991 _ 07/14/O4 01:��pm N- �� /Q � Mer�ux� k'ark - Not ror Sale We, the undecsigned residenis of ihe Merriam Park neighbortiood and users oE.Merriam Park, oppose the use of lNerriam Park as a site for a ceil tetephone tower proposed by the City of Saint Paui in March of 2004. � lJ I � (�-/ d� ZONING COMMITTEE STAFF REPORT • FILE # 04-082-904 'i. APPLICANT: T-Mobile HEARING DATE: May 27, 20Q4 2. TYPE OF APPLICATION: Conditionat Use Permit 3. LOCATION: 2000 St. Anthony, between Wilder and Prior Avenues 4. PIN 8 LEGAL DESCftfPTION: 33-29-23-33-0115; MEftRfAM PARK, RAMSEY CO., MINN. SUBJ TO HWY; VAC STS & ALLEYS ACCRUING & FOL. PART SLY & WLY OF HWY OF LOTS 1 THRU 4 BLK 7 ALSO LOTS 1 THRU 3 BlK i6 MERRIAMS RE & 1N SD MERRIAM PARK, BLK 6 5. PLANNiNG DiSTRICT: 13 - Merriam Park PRESENT ZONING: RT1 6. 20NING CODE REFERENCE: §60.413(18), §64.300(d) 7. STAFF REPORT DATE: May 20, 2004 (revised May 26) BY: Yang Zhang 8. DATE RECEIVED: May 4, 2004 DEADLINE FOR COMMISSION ACTION: June 18, 2004 A. PURPOSE: Conditionai Use Permit for cell phone antennas on a fseestanding pole • B. PARCEL StZE: 425,950 sq. ft. C. EXISTING LAND USE: Playground and recreation center D. SURROUNDIt3G LAND USE: North - interstate 94 and industrial, I-1 East - Mixed-density residentiai, RT1 South - Schooi, one- and two-family residential, RT1 West - Mixed-density residentiai, RT1 E. ZONING CODE CITATION: Sections 60.413(18) and 60.423 of the zoning code permit installation of ceilular telephone antennas on an a freestanding pole on institutional use property subject to special conditions. Section 64.300(d) of the code lists general standards for conditional uses that the Planning Commission must consider before granting approval of a conditionat use permit. F. HISTORY/DISCUSSION: None. G. DISTRICT COUNCIL RECOMMENDATION: The Merriam Park Communitv Councii recommends denia4 of the conditionat use nermit. H. FIPJDINGS: 1. T-Mobile is requesting a Conditionai Use Permit to allow instailation of antennas on a 75-foot • tail freestanding pole on the property of the Merriam Park Piayground and Recreation Center. The playground is owned and operated by the City of Saint Paui Department of Parks and Recreation. Three sectors of antennas are proposed at the top of the monopole. The existing lights for the piayground will be attached to the pole at mid-height. Four smali radio cabinets Z)511o7 Zoning File # 04-082-904 Zoning Committee Staff Report Page 2 . wiil be located on the ground. The tower meets the applicable setbacks. The applicant desires to add the communicaYions equipment To allow compleYe coverage to mobile phone users in this area. Saint Paul Park and Recreation Department staff are in negotiation with T- Mobile regarding the terms and cortditions of the leasehotd agreement. The agreement requires City Council approval. Installation of additional carriers wili solelv be at the discrefion of the Citv of Saint Paui. 2. Section 60.413(18} of the code fists the conditions for the installation of cellular teiephone antennas on a freestanding pole on institutional use property as follows: a. The applicant must demonstrate that the proposed antennas cannot be accommodated on an existing freestanding pole, an existing residentiaf structure at least sixty (60) feet high, an existing institutional use structure, or a business building within one-half (%) mile radius of the proposed antennas due to one (1) or more fhe fol�owing reasons: 9. The planned equipment would exceed the structural capacity of the existing pole or strtrcture, _ 2. The planned equipment would cause interference with other existing or planned equipment on the po/e or structure. 3. The planned equipment cannof be accommodated at a height necessary to function reasonably. 4. The owner of the existing pole, structure or building is unwilling to co-locate an antenna. This condition is met. T-Mobile stated in the application that they had researched possible • sites in this area to accommodate the antennas and equipment. They determined that there are no existing structures in the area that are taller than &0 feet, have a willirtg landowner and/or meet the coverage objective. The appiicant has supplied a radius map with detailed information on each structure researched. b. The freestanding pole shall not exceed seventy-five (75) feet in height, unless the applicant demonstrates thaf the surrounding fopography, structures, or vegetation renders a seventy- five-foot pole impractical. Freestanding poles may exceed the above height limit by twenty-five (25) feet if the pole is designed to carry two (2) antennas. This condition is met. The proposed pole is 75 feet in height. c. Antennas shall not be located in a required front or side yard and shall be set 6ack one (1 j times the height of the anfenna plus ten (10) feet from the nearest residential structure. This condition is met. The nearest residential structure is 1947 Robiyn, which is approximately 400feet away from the proposed pole (85 feet setback required). d. The antennas shall be designed where possible to blend into the surrounding environment through the use of color and camouflaging architectural treatment. Drawings or photographic perspectives showing the pole and antennas shall be provided to the planning commission to determine compliance with this provision. This condition is meY. The appiicant stated that the poles will be steel and painted to match the � existing light poles. Photographic perspectives showing the pole and antennas are attached. D5-!o7 Zoning File # 04-082-904 Zoning Committee Staff Report • Page 3 e. Antennas located in historic districts or on historic building shall be subject to the review and approvai of the her"rtage preservation commission. This condition is not applicable. Tfie building is not in a historic distnct. f. Freestanding po%s shall be a monopole design. This cortdition is met. g. Transmitting, receiving and switching equipment sha!l be housed within an existing structure whenever possible. lf a new equipment building is necessary, it shafl be permitted and regulated as an accessory building, section 62.106, and shail be screened form view by landscaping where appropriate. Four small cabinets for housing the equipment for operation of the antennae will be placed on the ground. The largest cabinet is about 3 feet wide by 2.5 feet long by 4.5 feet tail. The equipment cannot be accommodated within an existing structure and does not need a new structure. The applica�t initially proposed a chain link fence around the cabinets. After discussion with staff at the Parks and Recreation Department, the appiicant removed the fence, as children will likely ciimb over the fence to retrieve balis, causing safety concerns. The cabinets will be double locked with electrical wires entirely underground. The equipment wiil not be a hazard to the public. The screeninq and conceaiment of qround e�u�ment wili bE • h. The zoning !ot on which the po% is located shail be at /east one (1) acre in area. This condition is met. The parcel is 9.8 acres in size. 3. Seciion 64.300 of the code lists general standards for conditional uses the planning commission must consider before granting approval of a conditional use permit as follows: a) The extenf, location and infensity of the use will be in substantial comp�iance wifh the Saint Paul Comprehensive Plan and any applicable subarea plans which were approved by the city council. This condition is met. The City's Economic Development Strategy refers to the importance of ensuring investments in tocai and regionai infrastructure supportive of economic development. Communications linkages are identified as being an important aspect of infrastructure. b) The use wil! p�ovide adequate ingress and egress to minimize tra�c congestion in the public streets. This condition is met. The proposed communication equipment is made of galvanized steel and requires minimal maintenance. It will not affect traffic ciscufation at the recseation center. c) The use will not be detrimental to the existing character of the development rn the immediate neighborhood or endanger the public health, safety and general welfare. This condition is met. Tfie cabinets will be double tocked with efectrical wires entireiy • underground. The antennae proposed on this site wfil be secured according to building code standards and will not be detrimental to the character of the neighborhood or endanger the heaith, safety or general welfare of neighborhood residents. v5-�o� 2oning File # 04-082-904 Zonirtg Committee Staff Report Page 4 d) The use wifl not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district. This condition is met. The surrounding area is a mix of one- and two-family homes and apartments. The area is already developed and the proposed use wouid not impede any expansion or improvement of existing developments. The property is a City-owned recreation center, where no development is expected. The applicant agrees to remove the antennas when they are no longer used. The monopole structure wiil be dedicated to the Parks and Recreation Department. e) The use shall, in ali other respects, conform to the appiicable regulations in the district in which it is located. This condition is met. The use conforms to the ali other applicabie requirements of the code. I. STAFF RECOMMENDATION: Based on the findings above, staff recommends approval of a conditional use permit for instaliation of cell phone antennas on a freestanding pole at the Merriam Park Playground and Recreafion Center, 2000 St. Anthony Avenue, subject to the foliowing conditions: � 1. A lease agreement is reached between T-Mobile and the City of Saint Paul and approved by the City Councii; • 2. The screeninq and conceaiment of around eouipment shail be a�aroved bv the Citv of Saint Paui. Deoartment of Parlcs artd Recreation and 3. if the antennas are no longer used for cellular phone service they shall be removed with one year as stated in section 62.120 of the code. i ,: !fRti 0A11RI l�5 �� Fle # � ��1i�� Fee: ��{0�� Tentative Hearing Da _ � CONDITIONAL USE PERMtT APPLICATION Depardna�t ofPlanniag mrd Econostic Developntent 1 �� 25 WestFourth SVeet Sa�tPa+r; MN55102-1634 (65Ij 266-6589 APPLICANT cay � �\� ,�. st. �1,`� zp Name of Ow�r (if Cor�tact Person (rf Pt�one �I1--2,� -�K�C) � �? r R!1 4 / CJ PROPERTY E►ddress! Location �� LOCATfON Le�f Descriution 5�1 additional sheet if necessary) � CC (�u t TYPE QF PERMfT: Appliqtion is hereby made under provisions of Chapter su (31� �. Section �n � • Paragraph L� of �e Zoning Code for a: � Spec'sl Condition Use Permit ❑ Mod�fication of River Corridor Star+dards � R'rver Comdor Condetional Use Permit SUPPORTING INFORMATION: Suppiy the infoemation tl►at � appi'ipbte to your type of perrtit. (attach additionai sheets "rf necessary) . CONDITtONAL USE: Explain how fhe use w�71 meet each af U�e speciai conditio�. . R1VER CORRtDOR CONDtT10NAl USE: Described hovr the use wll sneet the appliqbie cond"Rions. . MODIFICATION OF RIYER CORRIDOR STANDARDS: Explain why mod'ficatians are needed. S�e-e �44 -}� c..�� p�� -�� ;�� c ic�z�Z. � �� L � �'�-°`� �Required sibe pian is attached APplicanYsSignature l�� `Y �Date t (�'�'� CitYA9e��l;�� $ �{-o � �5-la7 • May 4, 2004 St. Paul Zoning Depattment Attn: Planning Commiftee Chair 1100 Cify Hall Annex 25 W 4fh Street St. Pau1, MN 55102 RE: Application for Special Conditional Use Permit to altow Construction of a T-Mobile Wireless Telecommunications Site at 2000 St. Anthony Avenue, St. Paul, Minnesota. Dear Planning Commission Chair: T-Mobile (VoiceStream Minneapolis tnc} is submitting an application to the City to allow for the replacement of an existing light standard with a seventy-five -foot ta(t: at Merriam Recreation Center 2000 St. Anthony Avenue. The City of St. Paul Parks & Recreation Board owns the property. This application has been prepared in accordance with St. Paui zoning ordinance: Subdivision 2. 64.410. R-1 through R-4 One-Famify Residentia! Districfs, Sec. 60.413. Principal uses permitted subject to special canditions states: • {18) Ceilular telephone antennas located on a freestanding pole on institutional use property, subject to the foliowing conditions: a. The applicant demonstra#es that the proposed antennas cannot be accommodated on an existing freestanding pole, an existing residential strucfure at least sixty (60) feet high, an existing institutional use structure, or a business building within one-haff (112) miie rad+us of the proposed antennas due to one (1) or more of the follawing reasons: 1. The planned equipment would exceed the structural capacity of the existing pole or structure. 2. The planned equipment would cause interference with other existing or planned equipmenf on the pole or structure. 3. The planned equipment cannot be accommodated at a height necessary to function reasonably. 4. The owner of the existing poie, structure or building is unwilling to co-iocate an antenna. b. The freestanding pole shall no# exceed seventy-five (75) feet in height, un(ess the applicant demonstrates that the surrounding topography, structures, or vegetation renders a seventy-five-foot pole impractical. Freestanding poles may exceed the above height limit by twenty-five (25) feet if the pole is designed Yo carry finro (2) antennas. c. Antennas shafl not be Iocated in a required front or s3de yard and shall be set back one {1 } timss the height of the antenna pius ten ('f 0) feet from tfie nearest residentia! structu�e. � 0� /d� d. The antennas shalf be designed where possibie to blend into the surrounding . environment through the use of color and camouflaging architectural treatment. Drawings or photographic perspecfives showing the po(e and antennas shall be provided to the planning commission to determine compliance with this provision. e. Antennas located in historic districts shatl be subject to the review and approval ofi the heritage preservation commission_ fi. Freestanding poles shall be a monopole design. g. Transmi#Ying, receiving and switching equipmen# shal! be haused within an exisiing structure whenever possibie. If a new equipment building is necessary, it shail be permitted and regulated as an accessory bu+lding, section 62.i O6, and screened from view by tandscaping where appropriate. h. Tl�e zoning lot on which the pole is loca#ed shali be at least one (1) acre in area. T-Mobile proposes to instait three sectors of antennas, at the fop of the proposed monopole and attach lights to the pole. irt additiort, four small radio cabinets wilt be located at the base of the tower. The proposed tower meets the applicable setbacks. There are no existing structures in the area that are taller than 60 feet, have a willing landowner and/or meet the coverage objective. Please see the enclosed radius map. Enclosed you will find additional applicable material required to file for a Conditional Use Permit, whicfi inc(udes an app(icafion, fee, survey and site pfan, radius map and a RF propagation map. If you have any questions about the proposed installafion or you need additional information, please corttact me at &12-22�-6470 or by mail at 3101 33�' . Avenue South, Minneapolis, MN 554�6. Respectfully, - �'J ChristopherA. Coug in Consultant Encl. Application Fee Drawings Radius Map Propagation Map � a5-/d7 • • Consists mostly he area north of I-94 is adequately cove of commercial existing T-Mobile site. The coverage obj North of 1-94 _ parcels. 0' to 80' is nat met from north of {-94. \� RADNS MAP DETAILED INFORMAT'ION �� - ' - -. oiairfwe . 12� ��' s - Cafond Ave �- m. �h9y� �@ U iyl T " _" Thomas Ave � _ . D �- o �a� ' �_ � EdmundAve z- � -£ 8eaedp Rd Town antl Co�a�y Lw g. a � 5 '� v_ � z b � m ' @ � m u' - CharlesAve - d � v -- Q - - � - m m c . C _ o z � � � ${16i}IUIFIO - - � @ a ;� m rsity Ave W Uniaersity Are W `� U m _ > [/! Z ' m `{`'`�." � _ _ N � . 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H : i i i ��I i� i .. i1 i�i i i T�' . i�ui iiTinTi '�'� �� ni� ' i'�., rr � � • , _ �- i i 7 �1 1 � f� i I .. i i i�i i� i� i 1 r i i i ' 2• C�� N" O O 5 W t�� 5 S�i{ �$�� . � • � 1:R1I1tV!!lllfl[f�t llfftRtf11I1ff � ��11�� ,_ < � _> � _..� �_; _ I � 6 a z �' 0 W � � ♦� � � �-1 l� yi � 3 � i z s � � � • � � i � � \ I _J �,�� _ e �_ ° rs� � '-� ��e� _� � � � �s , �. fa �- s ,. �� $3_��a�� E �3�� a � t4 � eCp e �§ • ; �� eatl � �(e`t � e�: �z," ��qa �: €�$g� a� P3x ^g p sg, � �4' 7 x 3 �_ , � � i � 2 � a � �i � = � � . � €� Y - >� S Skj � � � {� s d �€f� � y£j t � ; ?Fi{ � �� ,� }� 7 H /"'� � �--1 ■ � ■ � c a � � ° � z � i i i �i I i f f I i i'�� ' in�iiniiniini t' n' n' ' � Page i of 2 Yang Zhang - Re: T-Mobile conditionai use permit for Merriam Park �r ��-� • From: "Deborah Dyson" <Deborah.Dyson@house.mn> To: <jane.prince@ci.stpaul.mn.us>, <yang.zhang@ci.stpaul.mn.us> Date: 5/19/2004 9:49 AM Subject: Re: T-Mobile conditional use permit for Merriam Park Yang Zhang and Jane Prince: Thank you for the information (and thank you for the phone message as well). I understand that a conditional use permit pretry much must be issued if T-Mobile meets the conditions in the ordinance. Even so, I am not happy with leasing public park property to private entities; the situation reminds me of the early years of highway building when tfie cheapest and easiest routes were through public parks. Ms. Prince, I hope you will convey tn Councilmember Benanav my concerns and my hope that if the city council is going to approve this lease agreement, it does not do so untii it has assessed the market and how much competitors of T-Mobile would pay. The city council should sure that the city is getting at least as much money as a private property owner would. I believe that companies looking to use public land see it as a cheap aiternative and that is cheating the pubiic. Sincerely yours, Deborah Dyson l�J »> "Yang Zhang" <yang.zhang@ci.stpaul.mn.us> 5/19JZ�Q4 4:15:33 AM »> Deborah, I just heard from Mike Hahm with Parks and Recreation today. Parks staff are meeting this Friday with T-Mobile to discuss the detailed terms of the Ieasehold agreements (for both the one at Merriam Park Rec Center and Margaret Rec Center). The Parks and Recreation Commission in lanuary reviewed and approved a boi{erplate of these agreements, but did not approve this application specificalty. After Parks staff negotiate the terms of the lease, they wiil forward it to the City Councii for final approval. Mike said they eacpect to be in front of the Council in June. They don't know the detailed date yet--it will depend on how smoothly the negotiations go. The terms and conditions of the lease have not been discussed yet. We expect to know more in a week or two. The conditional use permiY, if approved by the Planning Commission, will be subject to a lease agreement approved by the City Council. • Hope that answers your question. Feel free to cail (266-6659) or email me with your comments and concerns. Regards, Yang Zhang file:/JC:�Documents%20and%20Settings�zhang\Local%20Settings\Temp\GW}00009.HTM 5/19/2004 ��-�o� »> "Debo2h Dyson" <Deborah.Dyson@house.mn> OS/I7/04 0324PM »> DearYang Zhang: I received the public hearing notice for the planning commission/zoning committee hearing on May 27th on the T-Mobile application for a conditionai use permit for a cellular telephone antenna in Merriam Park. I am not sure I understand what this means in terms of what has or has not been decided so far. (I know what a condfional use permit is.) Does a conditiona( use permit have to be approved before the city wouid negotiate a deai with T-Mobiie? Or does the app(iqtion for tfie conditional use permit mean that the city has already entered into a lease agreement with T-Mobile contingent on approval of the conditional use permit? If the latter, what are the terms of the agreement and how were they determined? Deborah Dyson 313 N. Wilder St St. Paui, MN 55104 651-646-0113 Page 2 of 2 C� • C� file://C:�Docuxnents%20and%20Settings�zhang�I,ocal%20Settings\Temp\GW}00009.HTM 5/19/�004 05 -107 � to Lr�o e �- zo��Ie �0�-08�-40�. a I�e�riam Park � y � �ommu�it� Council, Inc. lb$4 SeIby Ave;�ue •$t, Pzul • blinncsota • 55I04 www.r,i�r.ia�,.-pa?R.org • ccme;rizm@zgili�Lnet t�1:551.645.b887 • fax:6�1.9I7.9991 Dear �'Ir. Hsath: May 24_ 2004 As you aze awaz-,,, thc 1tsr,iam pat'.t Community CounciI sunpo;tcd a r.so(udou at i;.: A 2004 meet:ag oFP��3 T-�fobile's pxoposed ptuea;eni of a ce;I towcr in �.:er•:am ?azk. A/e'�ave recent(y lea.�ned tnat the 5;. Pau: Par,cs �d R�reation Depatan�nt ic continuiag to pursue a cott'aact �viiz T_yj�bile foz just sue;h a ce21 tqwe;. The Coma�i,y Councii wouId lik� *.o rcit,.^raz: i� opposi;ion to t5c p*o�ase� ce�1 ?owcr, ss aga�•w� � rn;; Apri12004 Cour,cil meeang: `R�e iecos.mc�d ro the St. Pau1 Parks and Recreztion Depa,-unenr. and tiie S*_ Paul Ciry Covacil that T-Mobile no! be al;owe3 to e:ec a ccll p3one tow� in 11cr.iam pazk.' The Coatauniry Counci� is very sympaYficric to the Parks Depaxunrnt'c d�ir to s.+�ce up for rcvectue lost m budrat cvis, biII belicv� *.�t pubSic spec�s chou;d be¢taintaincd wit(i pubtic fund� for gmc:at pubtic bea�t, and not developai foz the p;i�a;e hcacn't of T-Mobile svbscib� (or aay oL'�er ptivate intcra»s), • THe above position wa: b�eed on citiz� input s?d o� e ComT� itq ?;�, �e �o�.r =:a:;y p;a:, ba.; b� a3op;ed by t6c cizy o: St Pan! �s part of i!s Corapreh�sive ?Ixn, xnd requir,s any ceti cowcrs ro be placed on existi�g stcuctures wlierevez nassihlc (�mewhare on the Nortn sde o£F-94 fo: �ar.tplcl. Wc hope you will txorsida you- yians to exec; a privatc ce11 towe_ i1 A.(erriyi•i Psk. If sets a C�ouhling gccedenf. u'. bowcver, die city pursues d,� tower in spite of L�c Crnrmunity Cevccil's objcctiors, thea we respectfully : sauest L4at you ne�otiata; a co�cact wi;� T-�ta�ik tha. r..aps tiZe u�.axia�. benefit [or the affected public hy: > Chsrging fair marka ralue far tt�e use nf pcb2ic pazldand (shoald be comparable ta privaG: tead); > Secvring >uf�cient lighting for playing fields as a conditian nC the conaac;; � Ensnzing ihat the full lifeeycle eost nf rhe cxil taw� is cov� � �, T-�fobile should cover L4e evrntual deeomr.ssssiu�ing and'or rempvzl oC tiu ecli tower ifYwhen it is no tonge: in us_). Abandontd in�xsm:cnue ykavld not be ieft for the city to deai wich and �y for. On be}�atf of thc Ivterriam park Com:nuniry• Counezl, tik�nl; you for the good woik you do to maintain our tity's nazuza( and rer.eational amrnicies. B�tregard.c f \ � Rolf�t s� � {�� Presideai Mettiarn Peck Co�auni!y Couacii • CC: Jay $enaa�v St Paul Ciry Covncl St Paut 7_c�nmg Committcc St Puul Pianning Cammissiou 05ao7 Paae 2 of 1 Yang Zhan� - Cell Tower meeYi�g - �`� c, � - c g � From: <Barbafwildes@aol.mm> To: ryang.zhang�ald.stpaul.mn.�s> Date: 5/26/2004 4:59 PM Sub}ect; Cell Tower meeting I wish to express my oppositiort to the conditionai permitfor a celi tower in Merriam Parlc. I have attended the meetings prior to tfiis one and have signed the petition stating my opposition. The city parks sfiould not be invaded in a�y way by big business. A;e you setting a prec,.�ent by allowing T Mcbite into tlie park? if you alfow one busfness into the park sys�em of St Paut, what is to prevent oifier businesses from cs�l�inn +h�� d2.if,^, O., �, �t•• �._ c- ..�- • 7 � �^.+: h �s. ��a �r+., a�z ,�r �,r �u`zens of St Pauf to enjoy. Our tax doltars pay for t,y�em ar.d hig ��sin�s has ^o ;ighi+� use the property. Barbare Kittinger 349 N. Wtder Street St Paul, Mn. 55104 �� J • 1,755 -1157 z F� b4-- 0 8 2- 9 0� • � z�, Z�c.� Zoniag �ommiu� Cin� o: St Paa1- piaaning & E; Development �aoo c�� t �� 25 West Fourth s�eet St-Patx�ivLti SSIO2-1634 Re: Public FIearin� F�le 44-082-904 Condiuona: L'se Pz�mit for cell tower az l�i�rriam p� Dear Committee biembers: We Iice directty a.�ross Prior from �Ieniam Park Vi- e aze the ciosest owner-occ�»��3 �eLS;, �o� the proposed locarion of tfie cell towet As $omeow�� g loa� tirre rasidents, we are exTremely opposed to locali�� a cell tower in the park, especia.thr right m the sports and play a:ea;. P. e � fr m am�fuio 1d trees that line the landscape of the lull in the park Hav'sn� a cell tower rohudina b st these trxs would be ex� o nar�: z, a�d rhe cuaent pazk does jwt t5at Even the y�i Parks should highlight wood, on a flowin� �i1I. The tower would S�'�'s in the park are made of naturat � nrin �e siry•line. Secondty, and even more important i; the threat posed by the equipment and under�otmd w�in�. Snpposedly ttia purpose for aItowing the tower in tha par�c L; "for the lads" to aliow the city to light the playing fields as part of a iease b��aining a�reement Because of this, Yhe tower is planned ri;l�t i.z the P�3' �'a, with no fence to ke..-p the childr� away. Cellnlar technolow produces elacfromagnet radiation, and we would be aeedtessly exposin� children to this 3anger_ Per Ron Kennedy, Nf.D. of Santa Rose, Califomia, "'I7ie assoc�tion between s�ong eTe�omaQUeric fields and cfiildhood Ieukemia is certazn and �ore reseacch needs to be don� in 3hearea to fuily confum iu effect on other condizioas ancl aY otl�� . „ �%e w��.ild ha��e chi13:� and t�a� p�eas sir-,:r.� and P�Y�g �exY c:ose za L'�is zqu;p�en;, �Po� �hem neecllessIy to Ieukemia and oilxe�. pote�� p� grobl�s. 'I'he nei�hbors of tfie Meniam Pazk azea have expressed an interest in doin� fimdraisiu� to 1�andle the aeed for li�hts in the Fazk, ratfier than to "seIl om� souls" and allow a cell tower in the park to fielp pav for �en. Please do not �aat T:V1obile or tfie City Pazk Depaztment to gain a condirionai asa permzt Thaak yoa Smc..°re1Y, G�� -�� .ro�� s��n� 330 Prior Aveaue �io. �"�� er • SL PauI,14IlV 55104 651-649-1�24 U5-� 7 Yang Zhang _ Ce11 Tower Permgt praposai � .=-- _ _ _ . .. . _ �"'#� 0 �(-- o82—go� �'rom: "Eisner, �aitzr" <weisner!acaze roviders.or�> To: " <vaa� z,�' azi��ci.stpaui.�us> Date: �;2�/2004 1:53 PM Subject: Cell Tower Per�ut Proposal _ Dear Ms. Zhang, 141y name is Waiter Eisner. I reside at 1990 M=rriam L,ane in fhe Merriam Park neighbovhood of St Paui. I r=ceived 2 notifica4on that th=_ ?lannin� Commission Zonirg Committae �,yi;� c�nsider a reques� Fom T-Mobila tor a Condifional Use Permif for a�tl tower To be placed in Merriam Park. Over 6o immed�a±� neighbors of the par� signzd and przsented a petition Yo Yh� Merriam Park Community Councii iasT month staiirtg that ri�ey were opposed to the piacement of a cel( tow=r in M o n � � K Communi'ry Courcil votad to d2ny T-Mobiie's request There is c(ear neighborhood and community opposition to tfie use of Merriam Park for such a comm=_rcial usa. Iveighbor, ga�e many reasons for their opposition, incfuding: • Inapprooriate use of cify park la�d when commercia�ndustrial property is locatad nearby. • T-Mo�il=_ is att2mp�ng to use tax-fre= proper.y {�r piacemert of the tower and it would be beEter city poiicy to placd this tower on tax prpducing prpper�y. • Tner= is no Gear cify poficy on the comm=r;aai use oi city park land for such aurposes. • • Tn_re nas Deen no comoetitiv_ bidding procedure for this usa of city tand. _ . It is unciear wheG`ser any revenu=s generated from the teasing of this park space would come bacK to titerriam Par'R for other paic uses. • A cell tower does nof m�t a"pubiic n�ed". Tne onfy beneficiaries of sucn a celi tower would be subscriber, to T-Mobil_ celi compar,y_ �f tn2Te is a pubiic purpose in promo6ng cel! tel=phone usag= by the city, it shoufd be a staied poficy and normal city bidding processes should be used. �inaily, many neighbors tumed outforthe community me�&ng y�i� �e Community Councii when their hearing was n=1d. Residen�s ara noY able to take off work to at!_nd 3:00 p.m. meetings in downtown Su Paui. Qur aoofogies for noY being to affar.d ±.he mee5r.g ir, pera�. Please provide this information to the Zoning Committee as they detiber�te this request The rteigh6ors and residents o` the immetliate surrounding area of Merriam Park strongly oppose the gra�ting of a condifional use permit for a c�l! tower in the park. TFiank You WaiYer Eisner 1990 Merriam Lane St Pau1, MN 55104 6 51-646-2034 Care Providers of Minnesota �851 Iv�etro Parkway Suite 200 Bloomington, MN 55425-t42t Phone: 952-854-2844 ��: 952-854-6214 MN Tol!-Free: 804 h�r ��`�+ww•careproviders_org r� L os�o� Yang Zhang - Zoning Hearing Thuntiay: Meria�s Fark Cel1 Phone Tower �:_ — :-,,_ �ZF � 0�-- O8"2. - 90� � ��n� Douglas Alichin <alichin�le pclink.com> Ta: <yar,g.zhang�d.s�paui.mn.us> Date: 5/26/2004 1:02 PM Subject: Zoning Hearing Tnursday: Meriam Park Gell Phone Towrer Dear Mr. Zhang, I am wricr,g to express strong opposition to the proposed cefi phone tower in Meriam ?ark. I am additionafly disturbed that this issue was addressed by the lool community council and voted against, and ye*. now appears to be resurfacing, no doubt expr�sing cAmmeripl interests and the a4ility of finanaal suppot ta continue to gain aaess and voice in pubiic governance. Pubiic govemance is open and "free" in principle, but when "public" hearings are during regular work hours, tfie process itseif favors those who can attend as paid employe�s, either representing a aty office or a commeraal inter,st. I trust that this noYe will count fully as participation and that negotiations during the m�Gng will reflect the postures reflected by those aot in reai-time at�endance. The park is a public property and NOT a commercial p�operty. ur syst�m of democracy, one person=one vote, not one doitar=one vote. cision shouid reflect pubfic consensus, rsot the interests of a f�w. l�he propos� ceii tower does not reflect pubiic benen"t. The locai residents, who would most benefit frpm any "pubiic" service provided by the tower, have indiqted they are NOT in favor of this. The tower woutd not be "public" in the sense that it is mntrofled, operat� and profited by an exclusiv2 commerdal interest. It is not in the pub{ic interest, In additon, alt=mativs arz readily availabie: (1) T-Nlobile tan bid for land in tfie open economic market, where such commerciai transactions shouid take place. It could seek permission to buifd on the pubiic highway right-of-way, next to but outride an area designated as a park. (Z) Regarding sup�ort for any proposed lights i� the park, the Parks & Recr2ation Board can seek funding for lights in the park t`trough traclitional channefs, and they have not yet tried to do so. Given that attematives are r2adiiy available, and further tl�at the proposai is not in the public interest, no special wnditionat use permit . is warranted. � Douglas qllchin 2005 Carroi( Avenue St Paut MN 55104 651.6a3.8805 o�_, Pa�e. l of 1 Yang Zhang - t mobile cefi tower - Z�-� G�-O82 �o� • From <JanTanai@aol.com> To: <yang.zhang@ci.stpaul.mn.us> Date: 5/25/2004 8:41 PM Subject: t mobiie cell tower Please note! There are 60 p(us peopte in the immediate vicinity of Merriam Park who have faken the time and energy fo express strong opposition to t rnobite's plan to estabiisfi a cefl tower in our ci#y park. You should hav� a copy of the petition thaf makes our names and our opposrtion known. Da you kno�,v of sixly people wh� us� and appreciate our ci�r paP�cs that WAN i a ce3i tower in the park? T: �2f8 1S j,ici � vi NiiviiC iai)u ihai is not paric iand for T Dnobiie's consideration. My gusss is �'± f�°f z' °;��; �� a�� a�Y� �u�i�y ia avo+d paying taxes and so are iooking fot Park space fo accomp(ish this. If this is true, perhaps the city can benefit more in the fong run if T Mobile lands iYs celi tower elsewher�, and pays tt�e city taxes. Our Parks nead to be kept free from commercial interests, period. Sincerely, Jan Eisner Merriam Park R�sident St. Paul Tax Payer • • d5 ��7 Yang Zhang - Cellular Tower - tyeriam paric - File 04-0$2-904 Fram: �Eoie Henderson <libbiefi@pclink.com> To: <yang.zhang@a.stpaul.mn.us> DaYe: S/25/200? 9:05 PM Subject: Cellular Towes - M2riam park - File 04-082-904 I am writing to let you know of my opposition to p��t#ing a ceil tower in Meriam Park. I hope tfiis message wifl be i�cluded in pubiic comment on that proeosai. The community councit tumed down this proQosai and I am surprised that int=rst continus. Attendees at the i�fortnationai and communi!y counci meetings 2ised many interesting issues regarding locating the cell tower in the aark. In oenerai those issues centered aco��nd±�,e �tr w��, �+,� proposai essentiafly amounts to 'se3ling' a piece of the oark. I think it is fair to say that many of those attending the meeting feit that there was not adequate jus�fication for sucfi a land use in the park. Especially when there are many bett�r locations near5y - particularfy across the highway to the norCi. The park is used by many area residents for reasons othec than sports and therefore, the lighting issue was not key to many. I, in pa�icular, am not swayed by the provision of lights by tne proposer. in fact, I personally do not want the park to fiave more light. �° proposzr has chang2d t5e proposa! since the informat"sona! and mmmunity councii meetings, and if the commission beEieves that the aiter� proposal corrzcis some probiems and views it favora4fy - I suggest that the changed proposal shouid go befoce ttte community council again prior to action by the commission. I am sending this e-maii because it wiiV be �fficult to attend the commission meeting during a woMcday. T'nank you fo* your �ime ar.d to.^.sidera�or.. Eiizabeth L. Henderson 2005 Carroil Avenue St. Pau! MN SSI04 651-603-88D5 Pa�e 1 of 1 Z� � O� • • ZF # 04-082-904 • v�s �d � Figure 1. 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