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9. CUP for Cell Phone Facility to be located east of Galpin Blvd and North of Lyman Blvd and the Chicago Milwaukee Railroad, Mpls SMSA Limited Partnership PC DATE: 8/15/90 ci CITY OF I \,\i `' CC DATE: 9/10/90. CHANHASSEN CASE #: 90-3 CUP 1 By: Krauss/v I STAFF REPORT 1 PROPOSAL: To Locate a Commercial Communication Transmission Tower To Support Cellular I Telephone Service. The Proposal Calls for a 125 Foot High Self Supporting Tower and an Associated 12' x 30' Equipment Building 1 I"" LOCATION: The site is located on the Volk Parcel east of Lyman Boulevard, immediately north of the Z Chicago, Milwaukee Railroad Line. a,^± r, f,v ;I.em Q APPLICANT: Minneapolis SMSA Limited Partnership E"r.ur" 1 Represented by John Uban, with Dahlgren, Shardlow& Uban, t "' ----- --- for U.S. West NewVector, Inc. �--. ....7P, 300 First Avenue No., Suite 210 g — ° 1 a Minneapolis, MN 55401 - Q • PRESENT ZONING: A2, Agricultural Estate I g y ■ I ACREAGE: The site occupies a 2.5 acre area located adjacent to the intersection of the railroad tracks and Galpin Boulevard on what is a total of a 5.3 acre parcel. I ADJACENT ZONING AND LAND USE: N -A2; agricultural use S - Chicago, Milwaukee, St. Paul RR E -A2; undeveloped acreage and railroad I W-Galpin Boulevard and additional acreage zoned A2 used for a combination of agricultural and commercial uses 1 Q WATER AND SEWER: Not available -the property is located outside of the MUSA line. Proposed for inclusion d under current 1990 draft Land Use Plan. 1 0 PHYSICAL CHARACTER.: The site consists of a south facing hillside with a peak elevation of W approximately 990 feet located at the north property line dropping down to an elevation of approximately 950 feet at the intersection of Lyman Boulevard. There are no I— wetlands or other identifiable drainage features on the property. Mature trees are found 1 on the east and south sides of the parcel. The remaining land area is in agricultural use. 2000 LAND USE PLAN: This area is not designated for any use. The draft land use plan currently being 1 considered identifies this site as Low Density Residential uses. 1 1-7-11111 \ kV EVAR_ Do BUTTERCUP Ila a ROAD T MB •RW•OD f�i 1P ' * I �l \v\r ,,`)01 4 PG•: '\\ y� E OOO �P�; 4 O ' PA°.°‘P' P • 04 '0- RHO D l_ ff4) C�1__I 1 m t 1 S CE ___I 1 IJ ii: I I OX It (tail:3 (C.R. 18 ) OA's 3 0 toti m z _ 1 1 . e t I 1 .. ieoo j am s u �` 1 . I Or O q t liil I In N 0 . 4111, IN 44 I N 9003 . bT aSea CZ LWAC I9100 "tirl)E- 0 — - 1 . - A2 9200 I • 9300 I °a Q / S - - Cellular Tower f August 15, 1990 Page 2 i PROPOSAL/DISCUSSION The applicants are requesting approval to locate a 125 feet high, , self supporting communications tower on a 5.3 acre parcel located at the intersection of Lyman Boulevard and the Chicago, Milwaukee, St. Paul and Pacific Railroad tracks (CMSPRR) . The tower will be used to support and improve cellular telephone service. The tower will be a self supporting open lattice work structure and will be accompanied by a 30' x 12 ' equipment building which will be located at the base of the tower. The equipment building will be trucked onto the site and set on a permanent foundation. It will be constructed out of fiberglass, painted with a multi-colored brick pattern. An asphalt access drive from Lyman Boulevard will be extended to the tower with parking available for several buildings. Security fencing will be provided. There will be no employees based at the site. ' City ordinances allow for the consideration of proposals for commercial communication transmission towers in the A2 District by conditional use permit. The ordinance only has one specific standard related to this use in that it requires that these towers either be designed to collapse progressively or they shall be set back from all property lines a minimum distance equal to the height of the tower. The current proposal is consistent with this requirement since the tower is designed to permit somewhat progressive collapsing to avoid a situation where a tower would topple as a unit, in addition, there are setbacks equal to or greater than the height of the tower provided in all directions. The ordinance also provides general issuance standards related to all conditional use permit applications. The proposal must also be judged against these standards and is done so later in this report. Staff has had an opportunity to work with cellular telephone towers I in the past. A fairly comprehensive data package has been provided in support of the request by the applicant. Briefly, the cellular telephone system is based on the creation of a series of cells, whereby a mobile telephone user is shifted automatically from one cell to the next as they move throughout the system. A tower is located at the center of each cell. As the system grows and matures, the number of cells increases to handle a greater volume of calls and to enlarge the service area. In addition, as the system matures, the height of the towers decrease since the size of each cells gets, progressively smaller. At a height of 125 feet for this request, it is considerably lower than others we have worked on in the past and it is significant to note that it will not require night time lighting to satisfy the Federal Aviation Administration. The siting of these towers is a highly complex science, whereby computer programs are used to determine the limited areas in which a tower can appropriately be sighted. In 1 1 Cellular Tower August 15, 1990 Page 3 this instance, the applicant has indicated that there is a half mile search area located in the western portion of the community. ' This search area is apparently further limited by the existence of two separate telephone companies which legally limit the ability of the applicant to locate further west into Chaska. The applicants have indicated the desire to have this antenna up and working before the U. S. Open next summer, since they envision that this event will generate an extremely high volume of cellular telephone use. The applicants have provided accurate information concerning use of the 911 system and it's utility, business as well as for emergency ' services. However, it should be understood that cellular telephone companies are not public utilities and do not function under laws that the standard ground line telephone companies operate under. This is not to diminish the importance of cellular telephone ' service, but only to indicate that we do not believe that this a utility that requires special consideration by the City. ' In many respects, the proposal is a reasonable one. As indicated above, the tower is relatively low as these things go, however, it is going to top out at about the height of a 12 story building. It ' is important to note though that the open lattice work design avoids the need for guy wires and allows for visibility through the structure in a manner that minimizes visual impact. For those members of the Planning Commission and City Council interested in dealing with similar towers, there is one located west of 494 and Baker Road, north of the Crosstown Highway. It has been our experience that it is relatively difficult to see this tower from 11 a distance unless you specifically know where to look for it. This tower is approximately 60 feet higher then the one being proposed in Chanhassen. ' The proposed site is relatively secluded as it is wedged into a triangle adjacent to the railroad tracks and is bordered by mature trees to the south and west. It is impossible to provide ' landscaping to screen the tower but, if this proposal is approved, the City could require significant landscaping to screen the base of the tower and the equipment building from off site views. However, staff has a significant concern with this proposal and this is related to the future use of the site. The draft land use plan that is currently being prepared by the Planning Commission, envisions this site as being developed for low density residential use. This site is part of a low density residential component that extends from the railroad tracks up to and across Hwy. 5 around the Timberwood subdivision. We believe that towers of this sort are incompatible with residential development and in fact they are not allowed in the residential districts of the current Chanhassen ordinance. It is further believed that construction of this tower in this location would act to deter development of quality 11 Cellular Tower 1 August 15, 1990 Page 4 residential neighborhoods in this area and thus would be detrimental to the effective implementation of the draft land use plan. The data packet submitted by the applicant is incorrect when , it states that the long term use of this land is residential and this matter has been discussed with their representatives on several occasions. Staff has requested that the applicant look at alternatives within their search area and suggested that there are two sites located west of Lyman and Galpin Boulevards that are proposed for industrial uses by the draft plan. Thus far, the applicant has not been able to work out an acceptable location on either of these properties and it appears that locating the tower further to the west in Chaska is impossible due to the service boundaries of existing telephone companies. Thus, while we have a situation where the tower is technically in compliance with current zoning, we believe it is incompatible with what will become the City's land use plan and therefore, staff is recommending that this proposal be denied. We believe that the standard conditional use permit findings would allow the city to uphold a denial. The following constitutes a review of the proposal against the general issuance standards for conditional use permits contained in the zoning ordinance. 1. "Will not be detrimental to or endanger the public health ' safety comfort, convenience or general welfare of the neighborhood or city. " * Finding - We do not believe the tower poses a danger to public health or safety. There is ample evidence indicating that the tower emits extremely low amounts of energy and will pose no health hazard. Setbacks provided on the site and security fencing should ensure that there is no physical danger. Arguably, the general welfare of the surrounding neighborhood or city will be affected by the tower since this sort of use is generally regarded as less than desirable land use. However, we note that the nearest homes that will be impacted are located an extremely long distance from the site and direct visual impact will be minimized by the design. 2. "Will be consistent with the objectives of the city's comprehensive plan and this chapter." * Finding - In our opinion, this proposal is incompatible , with the draft land use plan currently being developed by the Planning Commission. The existing 1990 land use plan has not designated this site for any use save for continued agricultural use thus it provides little guidance to this matter. We believe that the tower is incompatible with the low density residential uses ' 11 I Cellular Tower August 15, 1990 Page 5 envisioned by the Plan and could adversely affect the implementation of the Plan in the future. Although we note that the plan has not yet been officially adopted and may well be changed to some extent before it is, we believe it would be prudent for the City to err on the conservative side and deny the request for this reason. ' 3. "Will be designed, constructed, operated and maintained so to be compatible in appearance with the existing or intended ' character of the general vicinity and will not change the essential character of that area." * Finding - The current character of this area is ' agricultural with encroaching industrial uses on the west. If this area were to remain undeveloped in the foreseeable future, staff would agree that the site is an ' acceptable one, however, we do not believe this to be the case. This standard encourages the City to examine the intended character of the general vicinity and in so ' doing we find it is incompatible with the proposed low density residential uses in the draft land use plan. 4. "Will not be hazardous or disturbing to existing or planned neighboring uses. " * Finding - Based on supporting data, we do not believe •' this proposal will have any hazardous affects coming from the radio transmissions or from the physical tower itself. 5. "Will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools; or will be served adequately by such facilities and services provided by the persons or agencies responsible for the establishment of the proposed use." ' * Finding - The tower will be unmanned except for employees engaged in periodic servicing. There will be no need for new public facilities to serve the proposal. ' 6. "Will not create excessive requirements for public facilities and services and will not be detrimental to the economic welfare of the community." * Finding - As noted above, there will be no need for new public facilities generated by this proposal. We do not expect that it would have a major detrimental affect on the economic welfare of the community, however, to the extent that it would make residential development on II Cellular Tower I August 15, 1990 Page 6 ' adjoining property less than desirable, it could have an adverse impact. , 7. "Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare, odors, rodents, or trash." * Finding - The proposal will not result in any increase in traffic, noise, smoke, fumes, glare, odors, rodents or trash and to the best of our knowledge, it will not contribute to any hazards or television interference , stemming from the radio transmissions. 8. "Will have vehicular approaches to the property which do not , create traffic congestion or interfere with traffic or surrounding public thoroughfares." * Finding - The site will be served by a driveway to Lyman Boulevard and the proposal will not generate any increase in traffic. ' 9. "Will not result in the destruction, loss or damage of solar access, natural, scenic or historic features of major significance. " * Finding - The proposal will not result in the destruction, loss or damage of solar access, natural, I scenic or historic features of any major significance. 10. "Will be aesthetically compatible with the area." ' * Finding - Transmission towers by their very nature have a visual impact over a relatively large area. This impact is minimized by sighting and could be further minimized by additional landscaping if this proposal is approved by the City. The design and height of the tower tend to limit off site impacts. At the same time it cannot be denied that there will be a visual impact and that this will be made more to if residential development occurs adjacent to it. ' 11. "Will not depreciate surrounding property values." * Finding - Impact of the proposal on this standard is difficult to ascertain. It is reasonable to think that this will not have a beneficial impact on property values when surrounding properties develop, but at the same time I , Cellular Tower August 15, 1990 Page 7 ' any development that would occur in the future would take place in the knowledge that the tower was present. 12. "Will meet standards prescribed for certain uses as provided in this article. " * Finding - The tower is consistent with the only standard provided pertaining to setback requirements. ' In summary, staff is recommending that this proposal be denied due to its impact upon land uses anticipated in this area by the draft land use plan. Should the Planning Commission and City Council ' determine that approval is warranted, we would recommend that a condition be added that would require a landscape screen around the base of the tower and equipment building. ' STAFF RECOMMENDATION Staff recommends that Conditional Use Permit #90-3 for SMSA Limited ' for a cellular transmission tower be denied for the following reason: 1. It is found that the location of the tower on this site is incompatible with the low density residential uses anticipated for this site by the draft land use plan. PLANNING COMMISSION ACTION The Planning Commission reviewed this request at their August 15th ' meeting. At the start of the meeting, the applicant indicated that upon further engineering studies of the site, they concluded that a 175 foot self supported antenna was required to meet their needs as opposed to the 125 foot antenna originally envisioned. The Planning Commission reviewed the application as revised with the 175 foot antenna. ' During discussion on this item, a number of area residents spoke in opposition to the antenna. They raised questions regarding visibility, impact on property values and potential health and radio interference problems. These questions appeared to have been answered to the satisfaction of the Planning Commission. The Planning Commission generally agreed with staff's assessment that this site was suitable for an antenna but disagreed with staff's ' recommendation that it be denied based upon the draft land use plan that is as of yet unapproved. They believed that there would be little or no impact on surrounding properties given the location and voted on a 5 to 1 vote to recommend it's approval. The Commission worked with staff to develop appropriate conditions of approval and these are as follows: II Cellular Tower I August 15, 1990 Page 8 ' 1. Staff will approve the aesthetic design of the tower and building and the building should be consistent with other recently constructed telephone and public utility buildings in the area. 2. Staff will approve and document the tower shape and structure and that it's construction will follow that approval. 3. No other radio uses shall be approved without an addendum to the Conditional Use Permit #90-3 which will come in before the Planning Commission and City Council. 4. Landscaping shall be installed as part of the approved ' landscaping plan. A letter of credit guaranteeing improvements will be required before building permits are issued. , 5. No lights or signage be placed on the tower or elsewhere on the site. 6. The tower shall be painted a flat color so that it blends in with the background. Staff has reviewed city ordinances pertaining to towers and concluded that they are deficient in several areas. We are proposing to come back before the Planning Commission and City Council with revisions to this ordinance and in fact had hoped to do this at the Wednesday, September 5th meeting but were unable to do so due to scheduling problems. However, it should be noted that the problems staff sees in the ordinance would not directly address the issue raised by the Planning Commission. We would propose that the ordinance be changed so that towers only be allowed in agricultural districts that are not planned for residential uses in the future. However, as the City Council is aware, the new comprehensive plan has not yet been approved and even had this language been in place, based upon the Planning Commission's reasoning, the City would not have been in a position to deny approval of the tower. Staff continues to have reservations with the tower site based upon what we believe to be the ultimate use of this property. However, as noted previously, we do agree with the Planning Commission that if a tower had to be developed in the City, that at this point in time, this site is fairly well suited to the task. Therefore, we are passing along the Planning Commission recommendation for approval for your consideration. Should the City Council decide to deny the request, you should refer back to the original staff recommendation. STAFF RECOMMENDATION Staff recommends that Conditional Use Permit #90-3 for SMSA Limited ' I 11 Cellular Tower August 15, 1990 Page 9 for a cellular transmission be approved subject to the following conditions: 1. Staff will approve the aesthetic design of the tower and building and the building should be consistent with other recently constructed telephone and public utility buildings in ' the area. 2. Staff will approve and document the tower shape and structure ' and that it's construction will follow that approval. 3. No other radio uses shall be approved without an addendum to the conditional use permit #90-3 which will come in before the ' Planning Commission and City Council. 4. Landscaping shall be installed as part of the approved ' landscaping plan. A letter of credit guaranteeing improvements will be required before building permits are issued. 5. No lights or signage be placed on the tower or elsewhere on the site. 6. The tower shall be painted a flat color so that it blends in with the background. ATTACHMENTS 1. Planning Commission minutes dated August 15, 1990. 2. Letter and data packet from Dahlgren, Shardlow and Uban dated July 16, 1990. 3. Brochure regarding Cellular Technology. 4. Copy of property owners notified of conditional use permit. 1 i r CHANHASSEN PLANNING COMMISSION REGULAR MEETING AUGUST 15, 1990 Chairman Conrad called the meeting to order at 7:35 p .m. . MEMBERS PRESENT: Ladd Conrad , Tim Erhart , Steve Emmings , Annette Ellson , Jim Wildermuth and Joan Ahrens MEMBERS ABSENT: Brian Batzli STAFF PRESENT: Paul Krauss , Planning Director ; Jo Ann Olsen , Senior Planner ; Sharmin Al-Jaff , Planner One; Charles Foich , Asst . City Engineer ; and Dave Hempel , Enginner Technician , PUBLIC HEARING: CONDITIONAL USE PERMIT FOR A CELLULAR TELEPHONE FACILITY (ANTENNA TOWER A EQUIPMENT BUILDING ) ON PROPERTY ZONED A2, AGRICULTURAL ESTATE AND LOCATED JUST EAST OF GALPIN BOULEVARD AND NORTH OF LYMAN BOULEVARD AND THE CHICAGO _ MILWAUKEE , ST . PAUL AND PACIFIC RAILROAD, MINNEAPOLIS SMSA LIMITED PARTNERSHIP. ' Public Present : Name Address Bill Miller 8121 Pinewood , Timberwood Craig Harrington 8140 Maplewood Terrace , Timberwood A . H . Michels 247-3rd Avenue So . , Minneapolis , MN Bernie Wong 7128 Bristol Blvd. Jerry Gustafson 8341 Galpin Blvd. David .Hellerman 2112 Minnehaha Ave . So. , Minneapolis Robert Davis 5612 Brookview Avenue , US West NewVector Lloyd L . Quinton 2421-161st Avenue S.E . , Bellevue , WA James Frady 6720 Southcrest , Edina , US West NewVector Ed Hasek 6570 Kirkwood Circle Mary Harrington 8140 Maplewood Terrace , Timberwood Paul Krauss presented the staff report. Ladd Conrad called the public hearing to order . ' Bill Buehl : Mr . Chairman, my name is Bill Buehl . I 'm with the planning firm of Dahlgren , Shardlow and Uban and we represent US West New Vector II Group which is the general partner of the Minneapolis SMSA Limited Partnership . I brought with me some slides that I would like to use in my • presentation. I think it will make my presentation go faster instead of trying to use these boards. What I 'd like to do first is to review what cellular telephone service is because many' of the technical aspects of thi telephone service impact on where we can locate this antenna so I 'm going through this only to illustrate why we need to locate the antenna where well are proposing to locate it now. US West was created from the break up of AT & I and I 'll show you this just to show you the market area of the US West New Vector . This is a slide showing the electromagnetic spectrum. I show you this because I understand there was some comment on the concern, that there might be interference with this antenna with other frequency users . As you can see on the slide, the cellular phone frequency is that 11 Planning Commission Meeting August 15, 1990 - Page 2 I little green ban over on the left and that indicates that it 's at a higher frequency than all the television and radio channels . What this means from an electromagnetic spectrum perspective is that cellular phones will not interfere with those users that in lower frequency . However , it 's possible sometimes that these lower frequency users will interfere with the cellular phone so it 's really our problem and we can solve that with filters . I should also say that with me are many members from US West New Vector Group ' so we have construction engineerings and operations people with me and if you have detailed questions, I 'd refer them to those people but I 'm trying to kind of give you a fly over of some of the technology . Cellular is very ' different than the conventional mobile telephone systems . This slide shows a conventional system in a metropolitan area . The old way was to find the highest building you could find like the IDS building. Put your antenna on top and serve your users in a large , cover the metropolitan area with one ' antenna . The drawback where you couldn't serve as very many users . The cellular system gets it 's name from the creation of cells that are laid in a grid pattern across the metropolitan area . The reason that the cellular ' system can handle more calls is not because of the quality of radios but because of the magic of computers . Each one of these cells is created by an antenna in the middle of each cell . Each cell can handle about 25 ' simultaneous calls . As you get into the interior of the metropolitan area , all you need to do is make your cells smaller . They still handle 25 simultaneous calls and you can get down to where your cells might only be 2 or 3 blocks in an area . We 're not at that point now . The Chanhassen site is dealing with an area in Minneapolis out in this area . So that's where the name comes from . The way it works , maybe you already know this or you have a phone in your car or a hand held phone . When you 're within range of ' the antenna that 's in the cell , then you can talk to the system . The system then can talk to any phone in the world so you can be standing out in the field or in your tractor or in your car and talk to any other landline phone or any other cellular phone in .the world as long as you 're ' near an antenna and have coverage . As you move from cell to cell , the computers automatically switch you to the antenna that can give you the best reception . So this is the cellular phones from a series of cells across the metropolitan area . The importance of this is that the cellular grid system gives a blueprint . There 's a blueprint of the grid system of the metropolitan area . The importance of that grid system is that it ' allows us to build the least amount of antennaes and therefore have the least 'amount of land use impacts. If we cannot place a cell antenna where we need it , then we may have to go find two other sites to cover the one coverage area that we could have done with one site if we have to move the ' antenna . So that 's the importance of the cell system. This shows the system that 's currently built by US West New Vector in the metropolitan area . I don 't think we 're going to get much out of this graph but here 's ' St. Paul . Here 's Minneapolis. This is the area that US West New Vector Group and Cell One , by Federal law there have to be two carriers, are licensed. In one aspect , these little red dots show existing antennaes that are up in the Twin Cities area . US West New Vector has about 33 at the present time and the one important aspect of the license is that in order to retain the license , US West New Vector must fill out their coverage area so we 're getting a lot of pressure to hold our license . We ' must fill out our coverage area . So that's where the pressure is coming from . And this is a mature system where we have antennaes in all your cells and you have complete coverage . In the Twin Cities we don't have 11 1 Planning Commission Meeting August 15 , 1990 - Page 3 1 • complete coverage in every area . We have some coverage but not all these I covered so we are trying to fill in some of this grid that we need to fill in in order to fill out our coverage area . And in order to locate the cel many aspects are taken into account . Topography is very important . Existing towers . Especially AM towers. We have to be aware of all frequency and airwaves that are being used. We look at existing water tanks if we can. There 's one very close in this search area . However Cell One already had that water tower and we could not locate it there because of the interference problems so many factors are taken into account and exactly- what 's in that cell , where we're going to locate the tower . In this area here , a close up of that map I showed you earlier that you couldn 't read very well . We have existing antennaes in Shakopee , Shorewood , and out by Cologne . Now we have coverage problems in here because of the terrain . This is a topographic map . You can see that it a very hilly area and you 're well aware of that living here but we needed to locate a cell inbetween these two and drift this way a little bit and this is the area that it was very clear that this was the place that the cell had to be located . This shows the search area . The more exact map o, where our engineers and where the computer indicated where we needed to locate the antenna . This circle shows only where the antenna needs to be located . The coverage area would be much larger of course so you can see I that it 's centered right here in this agricultural area . The city of Chaska here . The city of Chanhassen over here. We had another factor in this in that we could not work with United Telephone who owns the land lin' system on this side of the solid black line . We had to stay in the US Wes service area with our antenna . We need to hook up this system to a land lock system to transmit to all the landlock phones so again it shifted th search area right into this area and it 's a very small area as almost all e' our search areas are . Once the search area is decided and a specific site is chosen , as in this case a specific site was chosen on the Volk property' more tests need to be done to get a more exact equipment proposals . In this case the height of the tower . The number of . . .type of antenna were all factors that need to be finalized. For this application we were under the impression that 125 feet was going to be tall enough to give us II effective coverage . We had to get our application in on by a deadline I believe August 7th but we could not have our final engineering runs done by that time . Now we learned in just this past week that our engineers are telling us the most effective size would be 175 feet so I 'm asking that we can amend o'ur application for a conditional use permit to go to the 175 feet instead of 125 feet . The reason for that is we just couldn 't get enough. . . So here is a picture of the coverage area. I 'd like to get som' notes over here. I don't know if you 've 'driven by this area . This is looking basically northeast. Much of the search area is shown by this slide. You can see it 's agricultural in nature . There are some larger loll developments to the north. That's Ridgewood and to the east. Krauss: Timberwood . Bill Buehl : I 'm sorry, Timberwood and the one to the east was. Krauss: Sunridge Court. ' Bill Buehl : But the site does meet all of the local 'zoning requirements . It is in an agricultural district . The orange area shows the ag district ., Planning Commission Meeting August 15 , 1990 - Page 4 1 The pink areas are in this case industrial districts . We 're in an ag district where this type of facility is permitted by conditional use as Paul told you . Also , Section 20-919 requires that telephone equipment buildings be landscaped . Have a hard surfaced driveway and meet all setbacks which we do with this proposal . This is a site plan of our 2 1/2 acre site . These are existing trees which will stay. These are trees that we propose to plant in a landscaping plan. This is the building and this ' is the tower right here . On this plan we were still operating under the proposal of 125 foot tower which easily meets the setbacks for tower height setbacks . The setbacks are supposed to be equal to the tower height by the ordinance unless it can be shown that the tower collapses in a progressive manner and in this case , this is a self support tower . But if we go to the 175 foot tower , we 're still , we have a 330 x 330 x 330 parcel . We would only be 10 feet over the line if it were to fall in a straight line . These ' towers don 't fall in a straight line . It 's a self support tower and it 's much stronger than a guide tower and if the tower ever would fail , if it would take a direct hit from a tornado or some other great catastrophic event such as that and even then if it failed , they 're built to go over instead of falling over . One link that 's not quite as strong as the rest and the tower just crumples on itself . So still we could meet the setback ' of the requirements even with the 175 foot tower on the parcel that we have at this time . I need to go through the compliance and issuance of standards of a conditional use permit . I 'll do this as quickly as I can . I 'd like to show the distance away from the surrounding structures . This ' is an aerial that 1 inch equals 200 foot aerial photo. Our site is here . Can everybody see that? It 's probably hard to see . The closest building is across in the industrial park . It is 1 ,050 feet away. This is the ' closest structure . The closest residence is 1 ,100 feet away so we 're fairly far away from any existing structure . The standard is that the facility will not be detrimental to or endanger the public health , safety , comfort , convenience or general welfare of the neighborhood. Again this is a safe structure . It 's a tower that is one of the safest built . It is a self supporting . I do have a letter from the manufacturer of the tower that outlines the collapsing pattern. I saw in our packet that we ' submitted that we had submitted a letter regarding a guide tower . This letter regards the self support tower and should be entered. The next standard , the cellular facility will be consistent with the objectives of ' the city 's comprehensive plan . The only comprehensive plan in force at this time is the 2000 plan which still earmarks this as agricultural . That 's the only guide that we could go by for this project so we are a permitted conditional use in an agricultural zone so again this is the current plan . It 's zoned agricultural and the comprehensive plan zones this as agricultural . Even if this was a residential zone , as Paul eluded to, it 's my interpretation of the Statute that it's still a conditional use . I 'd like to pass these out to all the members. Mr . Chair if I may. This is an abstract of your ordinance given telephone equipment buildings . There 's 3 parts of the ordinance that I 'd like to address. First of all , Section 20 at the top . 20-919 provides a telephone equipment buildings are allowed in all zoning districts as a conditional use . That includes residential , ag , industrial , every- zoneso in this case , this is a telephone equipment building . It has telephone switching and cellular ' telephone radio that will t?e in the building . This is what it looked like . And also the next Section 20-915 allows antennaes shall be permitted as accessory uses within all zoning districts so we have a telephone equipment 1 • II Planning Commission Meeting August 15 , 1990 - Page 5 1 building and then an antenna as an accessory use of that building permitte' in all districts . Permitted under a conditional use permit so even if this was a residential area , we would still be here going through this same process which is an application for a conditional use permit . The next standard that I need to address is that the facility will be designed , constructed and operated and maintained so it will be compatible with the appearance of existing intended character of the general vicinity . Again I this is this area . The essential character of this area is formulated by the railroad tracks , the county highway, the ag land and the many industrial uses across the road. This tower will have a thin profile as you can see here and many times after these towers are up , they aren't noticed by people in the area . I think Paul eluded to that in the Minnetonka area . In fact I challenge you to when you go to work tomorrow or look around where you live . If you start looking up , you 'll start noticing many antennaes you didn't know where there and we 've had many people tell us about that experience . The top of the tower will look more like this . This is the antenna ray that we 'll be using instead of the one" I showed earlier . This dish will not be there . This is a Cell One antenna at Baker Road and 494 . This one is 160 feet right off 494 . I 'm sure many of you drive by this as you drive into town to go to work or other uses . The facility , the next standard , the facility will not be hazardous or disturb existing or planned neighborhood use . Cellular is a very low powered system . This graph shows the millowatts per square centimeter which is this power density measure . This is the American National Sciencl Institute standard of what 's a safe level of exposure to these millowatts per square meter . It 's just again a higher density measurement . As you can see , Cellular has a very low powered system. Your cordless phone , the one" you can use in your home right now with an antenna on inside your house , has more power density than Cellular phdne . Hand held CB has more than twice as much . You 're in much more danger if you stand 2 feet from your microwave oven in your kitchen than you will experience from this cellular, The next standard is the cellular facility will be served adequately by streets , police , fire protection. Conrad: Bill , excuse me . A lot of these staff is in support so you 're I telling us stuff that they 've already agreed. Bill Buehl : But they don 't agree with some things . 1 Conrad: And I think you should hit those but the ones where you 're in agreement , you know . , Bill Buehl : Okay . Well I 'd like to enter my presentation into the record but I 'll skip over those parts . Okay, I 'll skip down to the surrounding property values . Is there any more questions on the site plan? I 'll skip' over that part Mr . Chair if you desire . • Conrad: The only thing that I 'd suggest is you're saying that you meet th' setbacks and you don 't based on the height of the tower that you're now proposing . - Bill Buehl : At 125 or 175? 1 Conrad: At 175 you don't. I I . Planning Commission Meeting August 15 , 1990 - Page 6 Bill Buehl : Well we would because your ordinance allows less setback if it can be shown that the tower collapses in a progressive manner . Conrad: And you didn 't did you? Bill Buehl : Yes . This tower if it fails , it goes over . . .the letter . ' Conrad: I read that and I guess I didn't get that same feeling . Bill Buehl : Or the property simply needs to be expanded to 350 by 350 ' which the owner is willing to do so we're only 20 feet off . Conrad: But at this point in time , I guess I wasn 't persuaded that you met ' that . Paul? _ Krauss: Mr . Chairman , clearly they 're information in that regard could have been more timely but I 've worked with similar towers in the past and I 've seen films that have shown towers that have gone through tornadoes and they do snap in the middle and just fold over . In the past I 've construed that to be consistent with that collapsing progressively designation . ' Bill Buehl : I might also add that the greatest and massive part of this tower is in the ground . There 's very massive footings that go very deep into the ground with tons and tons of cement that holds it in place so I think we 've met the requirement for the setback . Again, if needed we can expand the amount of property so that it doesn 't go , even in a straight line scenario , it would be on the property . Then I 'd like to address the depreciation of surrounding property values . The staff report indicated that the proposed residential development around this site would be deterred by this tower . I think there are many examples around the Twin ' Cities where people have built houses almost underneath taller antennaes . This is an array of antennaes in Eagan . These houses were built after the antennaes were constructed and you can see they 're very much in full view of the antennaes . In this case , this is a picture taken looking north towards the residences . We tried to get as low as we could to show you what the view would be above these trees . This tree is about 112 feet so we 're about half again higher than that tree . But still you can see that ' the closest residence is one in these trees , cannot see the tower . The closer you are if you have trees around it, of course you can't see the antenna . By the time you can start seeing the antenna , you 're far enough away where it would be just a very thin line on the horizon. Again the ' areas in the Twin Cities , okay this is White Bear Township where new housing developments are going up right next to a tower much taller than the one we 're proposing and very much within view. Also in our packet you ' included a letter from Peter Patchin that did a study for us on. . .tower and is very conclusive that the presence of antennaes does not depreciate the value of residential or industrial property. Again there's another picture showing houses that are very close to that tower in Eagan which is a much higher tower and transmitter facility and these are much newer houses that were built there after the antenna was put up . Are there any questions? I 'd like to reserve the right to respond to comments. . . Conrad: We usually always let that happen , yes . Planning Commission Meeting August 15 , 1990 - Page 7 I Bill Buehl : Thank you . ' Conrad: Thank you Bill . It is a public hearing . Are there any other comments? ' Bill Miller : Most of these came up while he was speaking so they're not going to be very well done in order or anything like that . ' Conrad: Why don't you give us your name . Bill Miller : My name is Bill Miller . I live at 8121 Pinewood Circle in I Chanhassen . I guess I just have some questions . You said there was no effect on television or radio reception . Is that within a certain distance or absolutely none? You 're not going to start seeing lines on your television or something like that? Bill Buehl : Absolutely none . Mr . Chair , I 'd like to defer that question to the engineers that are here from US West . This is Dave Hellerman , the Operations Manager in Minneapolis . Dave Hellerman : As far as interference , no . There is none . We have a lo' of sites , we 've never had any complaints . Interference with television or anything like that . • Bill Miller : How about cordless telephones? ' Dave Hellerman: No . They operate on a much lower frequency . They 're evil more immune than television . • Bill Miller : Okay . I guess the next question is , how do you determine th height? Why does it have to be 125 , 175 and along that same line , why can't it he 60? Are there alternatives where you could put a 40 foot towe up if it costs twice as much? That type of thing . You can put a 50 foot tower on your roof but you can go out and buy a power antenna for your roo' too that 's a lot shorter . Dave Hellerman: Let me explain. The first order of magnitude for the tower is how large a circle we need to cover . Obviously the higher it get" the larger the coverage circle you 'll get. In this case we have some problems because of the hilliness of the terrain which Bill mentioned. I 'm sure you 're all aware of that . That's one of the things that makes this I property residential area, and there are some holes that don't get filled very well . Some low spots . That hilly terrain. It's beautiful . It 's difficult to get radio waves across the perimeter so that when we started doing a specific program that does estimates of the signals strength every 100 feet . On a 100 foot grid and it found too many holes at 125 feet to get the kind of thorough coverage that we need so people when they're driving along in their cars up and down don 't lose our signal . We just found that we needed a little more than we originally thought. The crude estimates that we started with. Bill Miller : Sort of going down the same line. Is the alternative to have several 50 footers then? I mean are there alternatives to putting up a 175 foot site? I mean if you 're in a city, you've got all these cells getting' II Planning Commission Meeting August 15 , 1990 - Page 8 tsmaller and smaller all the time . Dave Hellerman: Yes , we certainly could get the same coverage with a lot of 50 foot towers . It would be , I 'd have to see a map but it 'd probably be on the order of 8 to 10 short towers and then we 've got 8 to 10 facilities and we have to multiply the equipment by 8 to 10 . The whole thing just gets . Bill Miller : I understand . I just wondered is it possible . Dave Hellerman: In theory , yes . It is possible . Bill Miller : Okay , and then another question. If the pace of technology and cellular telephone seems to be changing pretty quickly in general and I don 't know a lot about it but I know a little bit about it and you know , for the next question is , how about the timing of what you 're doing . Why are we needing to do this right now? I know you said you had to fill out your charter or whatever it was to fill out your area . What is the exact timing of when you have to fill that out? Is it next month? Is it a year? Is it 1999? 2014? And why do you have to do it right now? Bill Buehl : It 's October , 1990. Bill Miller : So why did this come up so short , all of a sudden then if it 's that near term? Bill Buehl : We would have liked it . Bill Miller : So by October , 1990 if you don 't have something set in this cell you 're going to lose something? Bill Buehl : Well we need to fill out our coverage . . . . Mary Harrington: What happens if you don 't? Bill Buehl : Then the , I guess the FCC would review our license but we 're pretty much . . . Bill Miller : What about all these other areas that you showed not being . Bill Buehl : We have some coverage . Shakopee . ' Bill Miller : Yeah , that 's what I was assuming. Bill Buehl : Right . There is. Bill Miller : So if you didn't put this up, you're not going to lose anything? ' Bill Buehl : You 'll have poor coverage and no capacity. ' Dave Hellerman: There 's a percentage criteria and I think you know, this isn 't the only thing we 're doing. We have you know quite a few projects that we 're working on simultaneously . This is just one of them. I II• Planning Commission Meeting August 15, 1990 - Page 9 Bill Miller : I 'm just trying to see the criticality of this issue . I 'm I trying to understand . Okay . Dave Hellerman: We 've been working on this for quite a while . It 's not II something that came up yesterday that we have to do tomorrow . Bill Miller : Okay but when he said October , it sounded like all of a sudden . You know we 're August . That 's only 2 months . That sounded prett, serious . What is the area that 's going to be served currently by this tower and how long is it going to last before you need another one? ' Dave Hellerman: This tower will serve approximately a 3 mile radius . Again there 's some terrain considerations but that 's roughly speaking , about a 3 mile radius . Bill Miller : And how many concurrent users is it going to be capable of? Bill Buehl : You 've got 25 simultaneous calls . I. Bill Miller : Is that based on the equipment on the ground and then you ca add additional units on the ground with one tower? I mean is it going to go 25 , 50 , 75 or are you going to have to have more towers? Dave Hellerman: We can expand this up to the point where it would cover I about 50 calls roughly . Maybe a little more than that . That of course depends on the technology . There is technology today on the horizon that might allow us to serve a lot more calls without any physical change in till structure . That 's what we 're hoping . Bill Miller : So how long is this , when are you going to reach the 50 then? What is your plan say? When do you really need this facility right' here and when is it going to be filled up? Dave Hellerman: The rate of growth of our whole industry is beyond , this ' whole industry has existed about 6 years . The rate of growth is surprisin. to all of us at various times you know so roughly speaking , and again without knowing what the future holds, we're doubling our capacity every 1 months . Something like that . I wish I could give you better estimates bu� it 's all . . . 'Bill Miller : I understand . So what do you do in 18 months? What happens" in 18 months? Dave Hellerman: Well we will be adding other cells. Whether the focus I will be out here as much as in the city is something that we have yet to determine . I 'll point out one other item that is important to us in that it gives some extra urgency to this particular project is the U .S . Open ' golf tournament is being held down the road next spring and that adds a little extra . That 's certainly not the sole reason for putting our building in but it did put up the flags that we needed the capacity here . Those kinds of events put a lot of users on this . Bill Buehl : Bill , I 'd just like to say one thing about. . . I tried making a call right up there by the McGlynn's Bakery site and my phone didn't I . Planning Commission Meeting 11 August 15 , 1990 - Page 10 work . Couldn't get out of the area because we didn't have the capacity . Bill Miller : Well that happens to me everytime I go to LA too . That 's t nothing new. I know but that 's not some deficiency right here . That 's nothing to do with Chanhassen . Dave Hellerman: . . .we 're not always perfect and we do the best we can . ' Bill Miller : Why not use the Chaska water tower or something existing already that high with something smaller and less noticeable? Is there some problem with that? Bill Buehl : Because Cell One is already on that tower . That 's their ' antenna right next to it . Bill Miller : Where? In Chaska? 1 Bill Buehl : Yeah , the Chaska tower . Bill Miller : How about the one , do we have a water tower right up here somewhere don 't we? Is something wrong with this one or does that have somebody on it already? 1 Conrad: That 's outside the area . Bill Buehl : It 's outside the search area . Bill Miller : So that search area literally had to be that little 1 ,000 square foot piece of land? What if something was already there? What if that was already a big building? Mary Harrington: . . .everybody 's done back here , what would you have done then? ' Bill Buehl : We 'd have to go through the conditional use permit in that district . ' Bill Miller : What if there was one big plant there? Do you put one right up in the middle of a plant? ' Bill Buehl : Oh yeah . We have many antenna sites right on top of the roof . Bill Miller : So you 'd pop it right on top of somebody? . ' Bill Buehl : And we also have sites currently in South Minneapolis in a very tense residential area . Bill Miller : You mentioned you couldn't make a deal or something like that ' with US Telephone to move it otherwise . What was the problem there? Bill Buehl : I 'm not sure of the details. I just know that it was out of the question . Mary Harrington: Based on your side or based on their side? Planning Commission Meeting August 15 , 1990 - Page 11 Bill Buehl : I don 't know the details . Bill Miller : Why couldn 't you get the. . . Bill Buehl : Most of our search area was in the US West Telephone service area anyway. Bill Miller : I 'm just trying to see why. Bill Buehl : These are good questions . I can understand your concern . Bill Miller : I guess I have a question for someone up here . What does conditional use permit mean? Is that going to take too long to understand Conrad: It just means we have conditions. Basically they can 't have something unless they meet the conditions . Bill Miller : Does that mean that you have the power to stop this if you II choose to? Conrad: If they don 't meet the conditions . Bill Miller : Okay . Are the conditions , the conditions that exist the day. they apply for it or can conditions be changed? I 'm just wondering . I Conrad: There 's some vagueness in the conditions . Bill Miller : I have a couple more . Am I taking too much time? Conrad: Go ahead . Bill Miller : I saw what the tower looked like . When you put up that picture of that one I guess you said was near 494 . How tall was that? Bill Buehl : I believe , Paul you 'd know. 160? Krauss: The one that I 'm familiar with off of Baker Road 's 185 feet tall .' It sits down in kind of a gully. Bill Buehl : I don 't really know. Bill Miller : I just want to make sure tfiat we're looking at something that 's really what we 're going to see . You say there are no health affects or safety affects and you 're certain that that tower wouldn't hit an extra" 10 feet and smash a car going down the road down that 10 foot side? Bill Buehl : I 'd like to refer the letter that I submitted. I think it 's pretty clear in there . Dave Hellerman: It takes a pretty severe natural event. They don't just fall over . If it were , and it 's a long shot to go over . 1 Bill Miller : Well I understand that but bridges do fall in once in a while and things do happen on occasion. Planning Commission Meeting August 15 , 1990 - Page 12 Dave Hellerman: It would be during a tornado or something like that which you would . . .warning . Bill Miller : Don't we have tornadoes around here sometimes? Just kidding . ' The area that 's going to be served by this you said was 3 miles? Dave Hellerman: Roughly . ' Bill Miller : So somebody in Minneapolis isn't going to ever be using something like . It 's not something that could be used for a distant or someone who's in a Shakopee cell would never be tacked onto this one or something like that? Dave Hellerman: The idea of cellular is to limit the coverage of each cell so you can reuse the previous . . .so our goal is to limit it to where it has to . . . Fill Buehl : I 'd like to add that the cell will service the local community ' as much as users of TH 5 and the new planned TH 212 . I believe they 're very close to the coverage itself and cellular phones have become more and more popular and they 're becoming an important factor that people consider ' when they look for a place to live . . . .developments I 've heard talked about in this area are the houses are . . .cellular phone . Maybe you use cellular phones yourself . ' Sill Miller : No I don 't . Bill Buehl : They 're becoming more and more popular and they 're going to be I used for much more than voice transmission and if you don 't have the circuitry in place . There are many appliances that you can plug into this circuit and it 's like saying that cellular phones are for voice ' transmissions like that on the computer . . . Many , many uses coming down the pike that circuitry . . . Conrad: Anything else Bill? • Bill Miller : I think I 'm about done. I 'm just checking my long list here . Oh , and one last one . The trees in that little area . You said they were ' 112 feet tall? Bill Buehl : Yes . Bill Miller : That 's not elevation of the trees there were 112 feet tall? Bill Buehl : Right . The power posts, that whole string of high power lines , those vary. They're around 100. Some are a little bit taller . Some are a little bit shorter . They 're between 95 and 110. ' Bill Miller : Okay . As far as a couple of other things I guess. The fact that they 're not noticed . I guess I 'd make a point obviously that if under the comprehensive plan homes are built there , it's definitely going to be noticed by someone that 's much closer . Maybe if you 're 2,000 feet away you don 't notice it every minute . I don't notice the Chaska water tower every day but people come visit us always ask us about it but if it were a block I Planning Commission Meeting August 15 , 1990 - Page 13 away , you 'd certainly notice it I would think . Or half a block or 2 bloc" or 3 blocks . As far as decline of property values , I guess you can do al sorts of studies to prove numbers but I guess I 'd just make the point that it has some effects . I can tell you I probably wouldn't buy a house that !' was right next to one which would certainly lower the potential value of that house . I guess I would agree with Paul 's recommendation at least now to deny it and at least give time to investigate some of these things whi I would like to investigate to make sure some of these things are accurat I 'm not denying that they are . I just want to look into it and see and t consider some of these other items and go without validating some of these things . I don 't think it 's consistent with the land use we talked about a' the last comprehensive plan and it might also affect property values and tax values of whatever has to be put in there . That 's all . Thank you . Conrad: Thanks Bill . Are there other comments? ' Mary Harrington: Hi . I 'm Mary Harrington and I live up in Timberwood and I have the highest piece of property in Timberwood too and you bet your II bippy I could see it if they put it over there . I 'm about a quarter mile north of them . Of the 84 people who signed the petition for the surrounding area to be included as single family residential , if you will remember that month and a half ago , whenever it was , the petition was presented that affected the area of that . Almost 50% of the folks were not from the Timberwood area but of the ones that are from the Timberwood are and the ones that are down on Galpin. I had a chance to speak to Mrs. Jerome Carlson and the Gustafson 's and a few other folks . Some of these folks are on vacation at this moment . Oh, and some of them were very disgruntled and frustrated but did not wish to show up . Gotten apathetic" here I guess but Mrs . Carlson said that if there 's a petition out , that s wishes to sign it to the effect that we are not interested in having a tower that at the time , you know 125 feet. I own a 2 story house and so I said my 2 story house is 24 feet tall so if I' piled up 5 of my houses- I� would be that height of that tower . Now I 've got to pile up 7 of them an I said that 's nothing that I want in the surrounding area . I think it 's in not consistent with the housing area . There is some conditional use grandfathered in . Items across the street from it which nobody wishes to II see go industrial in that little area either which is south of Jerome Carlson . The Gustafson 's who are the closest property to this one , when ' they found out about it they did not get any notification on it and they didn't read the paper , they were appalled at the thought . They did not wish to see it either because I mean it 's obviously visually going to be noticeable and it just doesn't seem compatible and the houses, I mean there 's no way you 're going to sit and put landscaping around this thing and block it off. I mean it 's just too tall and I 'd like to see this put into an area where the existing area is industrial existing at the present" Where something like this should belong . Conrad: Okay . Any comments? , Jerry Gustafson: Can I speak from here? Conrad: Yeah . I 1 • Planning Commission Meeting August 15 , 1990 - Page 14 • I I Jerry Gustafson: Yeah . I would like to address Mrs . Harrington and say that the Gustafson 's . Conrad: As long as you give us your name and address . Jerry Gustafson: Jerry Gustafson . Mary Harrington: I spoke to your wife . Jerry Gustafson: And that we 're not apathetic . Mary Harrington: Your wife was appalled . Jerry Gustafson: I have a couple of questions . Number one is , you know ' the tillest tower in Minneapolis years ago was the Foshay Tower so it 's just full of antennaes . Why isn 't there room for one more antenna on the water tower there in Chaska? Is one antenna , does that fill it up? Bill Buehl : Yeah , in this case it 's way over on the edge of the search area . I don 't think that water tower is in the search area . It's also in the United Telephone 's district and I believe Cell One has the antenna right next to it and we would interfere with one another on the same frequency ban . You can 't be that close . So we can't locate there because of frequency interference and telephone phone lines . . .prohibition . We would much rather be on the water tower if we can . We would rather not have to build a tower structure . Jerry Gustafson: I would think that would be ideal for you on the water tower : Bill Buehl : And we are on many water towers . Jerry Gustafson: The other thing is , I have a hand held telephone and I can call from like Hopkins to my home and I have no problem in reception or whatever . Why do we need a new tower right there? You can get into that little small area that you've got. Bill Buehl : I 'm not sure what kind of telephone . Jerry Gustafson: Motorola that I just hold. There 's no antenna on the car or anything . Just hold it . ' Bill Buehl : I should maybe let Dave answer that . Dave Hellerman: There are some areas where we have coverage problems in the area here . I can go through them on the map. . . The other thing is, as the system expands , we need more and more cells to provide the same quality of coverage as there are more and more users because what happens is you ' have more and more users on the same frequency and unless we have antennaes close to the users in this area , they won't be able to get the same interference free reception. That 's kind of the growth we were discussing . We were discussing growth. So as we have more users, we need more sites to maintain the same quality of service . Planning Commission Meeting August 15 , 1990 - Page 15 II Jerry Gustafson: It doesn't matter how many users you 've got . The same II site will handle as many . . . Dave Hellerman: No . There 's a limit on a site . Between 30 and 50 depending on how it 's been figured internally . The site won 't support an II infinite number of users . Jerry Gustafson: So you 're counting on a number of more users using 1 telephones to call into that area and that 's why you need the tower? Dave Hellerman: It 's users in that area who want to use their portable on mobile telephone like yours . People can call land lines in that area . Is that what you 're , or am I misunderstanding you? Bill Buehl : Mr . Gustafson , do you have a cellular phone? This Motorola , I is that a cellular? Jerry Gustafson: Yeah . I Bill Puehl : And you 're saying that when you 're home you can call . Jerry Gustafson: No . Like when I 'm in Hopkins where I work , I can call , I/ when I leave , from inside my car and there 's no antenna on the car or anything and I have no problem calling home . It 's nice and clear . I Dave Hellerman: That 's going on the wires to your home . That 's on the telephone wires into your home . I mean you 're in Hopkins . Jerry Gustafson: No , no. I 'm calling from inside my car . Dave Hellerman: Right . But the connection into your home . . .that 's on II wires in this area . Ellson: The antenna 's in Hopkins then? I Dave Hellerman: The antenna is close to where he's calling . Ellson: What you need is the antenna from where you 're placing the call II from. Dave Hellerman: Right . From where you 're serving the cellular telephone , " correct . I apologize if I misunderstood: Jerry Gustafson: Well the only other comment I guess I 'd like to make is 11 I know people build houses next to objectionable sites and I don 't understand why they do that. Put a $200,000.00 home next to a swamp or something . I don't know but to put something there that is objectional an then offer a residential area , you know put $200,000.00 homes on it , I don 't think would be. . . I just don't think. . . Conrad: Good. Thanks for your comments. Other comments? I Craig Harrington: I 've just got a couple of quick questions. Craig Harrington. Maplewood Terrace in Timberwood Estates. A couple of II IIPlanning Commission Meeting August 15 , 1990 - Page 16 • I questions that I have that , my concern that , I don't have a cellular phone ' but I 'd probably like one and hope maybe someday to maybe get one and I see the technology is something that 's growing and needed but with that I have a concern that 5 years from now and Bill , some of the other uses that you use for this like computers and things like this , are we going down the line and I guess these are the concerns that I have and the hesitency that I have saying that the City should endorse something like this . Are we going to be staring at a 200 foot tower or a 300 foot tower 5 years from 11 now or multiple towers on that site? And then perhaps increasing power or something like that or maybe other uses for towers that may be coming into play where interference could be a factor . The real concern I have there ' was , I was in a home one time that was next to the ones on 35-W in Bloomington . My goodness , I walked into that home and just went down into the basement . I 'm a real estate appraiser and walked through the basement and the pipes were literally singing country western music and it really was e concern . I know that you approach this whole area that this is not something that 's going to interfere but I guess maybe right at this moment it isn 't but is it going to sometime in the future and I guess that 's my concern . I don 't think anybody can maybe guarantee unless you really have some technology of what 's going to be happening in the future . Dave Hellerman: I can tell you what we do know . First of all , I used to work at that station on 35-W a long time ago . That was before they liked country music but in any case , the nice thing about cellular system from the standpoint of your concerns is that as the system grows , the sites ' become lower and the power actually gets smaller because you want more and more smaller cells . That 's how we increase the capacity so when we started out building this sytem , we were building towers of 300 to 400 feet . Now ' in some of the peripheral areas we 're still doing that where we 're covering for miles . Cologne is 250 or 300? 485? Okay. But as we increase the density of our users , we 're able to make the towers smaller and the towers lower because we don 't want the cells to be bigger . We want them to be smaller and that 's the direction that we 're going in . So that while it's possible that this area 's growth continues at , by this area I mean Chanhassen , Chaska . If growth continues like we 've been seeing , we may ' need more towers , they will be smaller and lower and eventually we'll be doing , we see a day when we 'll be on top of 60 foot telephone poles . Something like that . 11 Craig Harrington: Will higher buildings obstruct that where they may have to go higher? Dave Hellerman: No . What we 're doing in areas that have a lot of buildings , we just end up going on the rooftops . Unfortunately there are no single buildings that . . .but at some point that might become a realistic way to go but to answer you . We 're not getting higher or bigger . We're getting lower and smaller as the system grows so I really don't see the potential for what you 're concerned with. Bill Miller : I have a question. Have you ever . . . Dave Hellerman: We are doing that . Yeah, we are currently in the middle 11 of a program to do that . We actually are doing on in Arden Hills where we 'll be putting on the shorter one within the week but we do have planning I 1 Planning Commission Meeting August 15 , 1990 - Page 17 for the next year , there are several that we are doing that . We are going' to lower them down , yes . We 're kind of new at this too . It 's a new industry but that is happening . Conrad: Are there other comments? Anything? Is there a motion to close II the public hearing? Emmings moved, Wildermuth seconded to close the public hearing. All voted' in favor and the motion carried. The public hearing was closed. Conrad: We 'll go around the Planning Commission for comments. Tim , we 'll start at your end . Erhart : Paul , on the map , the area to the , you 're concerned about future II zoning . The area directly to the west of that south site , south of CR 18 and north of the tracks . What 's that going to be? Krauss: Wall this is based of course on the draft that we 're going to tail to public hearing . The way the draft is right now. Erhart : Can you draw a line , where 's industrial and commercial? ' Krauss: This area is all residential . The area that is proposed not to be and also this area is residential . The area that 's proposed not to be are these properties here , here , here and here . Erhart : Okay , those are all industrial . Krauss': On the current draft , yeah. Erhart : And you're basing your denial on the fact that that point down I there , that penninsula is intended for residential? Krauss: Correct . ' Erhart: How do you weigh their interpretation of the ordinance allows this . . . Krauss: Those are some of the ambiguities of the ordinance that I eluded II to earlier . I think possibly Jo Ann can expand on this but several years ago there was an attempt to deal with antennaes affecting, well ham radio II antennaes and satellite dishes that were-the current rage and the languagell in there is not as explicit as we would like it and I think can be misinterpretted and through a series of misinterpretations extended back i� the analogy that that 's being used. I think it's a real stretch and the • ordinance also provides that where there's conflicts within the ordinance , because ordinances are cumbersome anyway and there ofter are conflicts, till most restrictive determination is the one that shall apply and lastly , based on the advice of the City Attorney, I didn't get a chance to review II this last bit of information with him yet this afternoon but I will , but in speaking to him previously , he advised us to clear up the ambiguities that' we knew about already in the ordinance . To clarify that and we have an intent to do so . i I . Planning Commission Meeting August 15 , 1990 - Page 18 Erhart: Can you show me what line is the ambiguity? Krauss: A couple of things . First of all when you go to telephone equipment Buildings . 20-919 . The intent there , and we 've got the file upstairs and the intent there was to deal with regulated utilities . US West . NSP . • ' Erhart: Isn't this regulated? Krauss: No , it is not . It 's under different law. That 's where , and there 's a lot of misunderstanding about this . This is not an utility company . These are contracts that are up for bid in each metro area and there 's two bidders or two operaters that compete for competition in each area but their rates are not regulated . They 're not required to have mandatory service . They 're not required to do any of those things that a regulated telephone company is . ' Erhart : Well , I don't want to get into that whole thing . Let 's move down to Section 20-915 . Where 's the ambiguity there? Krauss: Okay , the ambiguity and possibly Jo Ann can explain this a little ' bit more . The intent was that , this is an overlaying conditional use in the residential district , that was supposed to account for ham radio operaters . There is a sentence in there that says in all residential districts only one is permitted per lot , satellite dish, amateur radio antenna tower , which is fine as far as that goes and then ground mounted vertical antenna . What is that? Well , unfortunately the definitions ' weren 't adopted with the ordinance but the definitions and maybe Jo Ann can explain this . This is referring to another style of ham radio antenna tower . It 's not 175 foot cellular telephone tower . Now at this point , the ordinance is ambiguous and it 's tough to explain that unless you go through the background but that was the intent . Erhart : Did you want to get into it Jo Ann? Olsen: If you want me to I can. - Erhart: No , I don't . I guess I take the same position as. . . I think after the last meeting we are obligated now to. . . I think we have an ordinance . I think the ordinance allows , no matter how you cut it , allows a radio antenna in this area and for that reason alone, I disagree with your recommendation not to allow it but I think there 's another point here too that I 'd like to make and I think quite frankly , for the same reason that we have future proposals for rezoning this area , I think this radio antenna , considering the low surface area there and the high density of landscaping , it provides a really good buffer from a future residential area from industrial so I think there 's some assets . My opinion would be to, I would recommend it 's approval . Conrad: You said it acts as a buffer? 11 Erhart: I think it acts as a buffer , yeah. I don't think the thing is very visual at all . Planning Commission Meeting August 15 , 1990 - Page 19 ' Conrad: So the land itself is a buffer? Erhart: Yeah . I think the land itself overrides the visual impact on the tower . You know I would prefer to have it right in an industrial area . S, you could put it on the other side of the line , would it change it that much? Just putting it over 300 feet? And combined with the fact that I think the ordinance clearly allows it and plus we 're talking about a futur' ordinance change that may take a year to get it changed . I just_don 't think that we have enough basis for denial . That 's my comments. Conrad: Steve . ' Emmings: Paul , if we accept their arguments that our ordinance might ello' this , or does allow it , can we deny something based on a plan that 's in th process or that would permit it when we know that plan is probably going t change? Have you talked to our City Attorney about that? Krauss : Yeah , I did ask him about that and he frankly is concerned that II while he agrees that the intent is justifiable , that the language of the ordinance is one that a judge might rule against the City if it came up . You know I think that you 're being asked to put blinders on in essence . You 're sort of boxed in where you 're saying you know that this area is going to change and you know that in all likelihood that it 's going to change to residential but you 're not supposed to look at it . Well , planning is an ongoing process and you 've been involved in this process fo quite some time now and the result of that is on the immediate horizon . I guess I have a problem ignoring the fact that that exists , especially when the existing land use plan gives little or no definition as to what 's intended out there . It just drew a line and it 's a great blank . Based on the attorney's recommendation though , we are going to propose language to ' remed,' that . Now we really haven 't talked about legally how should the City protect themselves on this . There is a possibility of moratoriums if we need to do that and then on and on . We will discuss this at length tomorrow . He did read the report and he did raise that concern. ' Emmings: Okay . Well that would be a concern of mine but I really , I think I was here when we worked through some of these ordinances that they presented and I 'm really comfortable saying that I don't think that 's what'll in our ordinance applies to this type of use whatsoever . When we said a telephone equipment building , I know we had in mind things that are connected by wires on both ends and here..we 've got something now that 's kind of , you know when is a telephone a radio and when is it a telephone? We've got something new that 's kind of a hybrid and this is clearly not a telephone equipment building . At least as we contemplated that term under "' the ordinance . Also I question whether or not that tower is an .accessory use to that building . I think it's the principle use and that the building is accessory to the , actually I think they're both principle uses . I don 't , one is no good without the other so calling it , I don 't think , at 11 least in my mind, that buys them nothing to call it an accessory use , if that 's what they 're doing . As far as the ground mounted vertical antenna , I was here when we drafted that ordinance too or put it in and I know that that did not deal with or include a tower like we 're talking about here bu we were talking specifically about , at that time, .we were talking specifically about , it came up because of a ham radio operater 's tower at 11 Planning Commission Meeting August 15 , 1990 - Page 20 i his house and that was something that was , that term implied that and nothing else as I remember it . But anyway all that aside , I think I 'm going to vote for this thing and I 'm going to tell you my reasons . First of all a tower is going in there before any homes might be developed around ' there so that somebody coming in is going to be able to see it . It 's not something we 're going to impose on people who are real close to the site . Timberwood is fairly close but I think it 's far enough. All of those people that will be looking at the tower will be looking at it against a background of an industrial area which takes away a lot of it 's impact to me . The only thing that I 'd like to see as an added condition here . I don 't think they should be allowed to put any additional , I think we should know exactly what they 're going to hang on the tower . I don 't think the tower will be that obtrusive . It 's more the stuff that 's on top of it and I 'd like to know what 's going to be on top of it exactly. You showed us one picture and that didn 't bother me but I think it should be restricted to whatever . We should approve what 's going up there . It should be restricted to that and it shouldn 't be changed unless they come back . ' Also , I don 't think the tower should be allowed to be used for any other purpose . I don 't know if they have any plan to do that but I don 't think they should use it for any other . They shouldn't be subleasing it to someone else who wants to put something else up there unless we know what it 's going on to . Krause : One thing you may want to consider , and ordinances I 've drafted in the past have done this , is it basically takes the premise that if a tower 's going to go up someplace , you might as well make the most efficient utilitization of it . You don 't want penthouses and things up there that block out the sky but you may have a desire to encourage people to cc-locate so you do only have one instead of . Ellson: I think he 's saying come through before you do that . Emmings : I 'm not saying we wouldn 't allow it . I 'm saying we want to have a chance to approve it before it gets hung up because we might not want to. 11 But other than that , I don 't have any other comments . Conrad: Annette . ' Ellson: I believe that despite the height , that it isn't as objectionable as probably even telephone poles . I 'm sure in the early days everybody wanted telephone but they didn't want those poles in their backyard. I ' think water towers and satellite dishes and things like that are a lot more obtrusive than this and I 've seen people building right next door to that so there 's no doubt in my mind people can build around it. I agree with Steve that especially if was there before the people come and I agree with Tim that we 're right on the border of calling it industrial so I don 't know that that much distance is going to make that thing. I 'm not really convinced however that the alternatives that we suggested are totally out of the question . I have trouble believing that I don't know, that two phone companies don 't work well together or something like that . I 'm not convinced that those other property owners are saying absolutely no . Is it just a cost effective way . This will be cheaper so they don 't want to do that . I 'd like to see that pursued maybe a little bit more before it goes to Council that absolutely, positively, our other ideas are out of the I t f Planning Commission Meeting August 15 , 1990 - Page 21 1 question and I 'm not sure that I got that feeling from it but I don 't II really see a huge problem with it and I agree with Steve 's idea as far as adding other uses but I don 't know . I think if it 's there before those houses go in there , it diminishes the property value from what? From what, it is now? I really doubt that and if you 're the one building on that lot , you 're going in with your eyes open so I can 't , I think the main reason that we were thinking of denying it was because of the property values an I don 't necessarily agree that that 's going to come across that way so I would vote to approve it but I sure want them to convince City Council that those other alternatives are definitely out of the question because they II also were in that search site. Again, I 'm not convinced that it 's a definite no . Wildermuth: Paul , I want to congratulate you on an excellent report . Unfortunately I happen to disagree with it . I don 't think we have a good II basis on which to deny this conditional use permit . Virtually everything seems to be there . The one thing that I do think is missing on the part o the explanation given by the applicant is that I don't feel the alternate sites were explored very well or explained very well . The other concern that I have is that the proposed alternate site that we offered Paul , it was at about 1 ,000 feet so , or 1 ,000 yards so we 're relatively close . It was a matter of apparently not being able to get together with the propert owner . I think in support of the applicant 's position , it is a low intensity land use . Anybody going in to build on a site somewhat adjacent to it knows the tower 's there . I don 't think it 's going to be particular) desireable for a residential site in that little triangle because you 're very close to some relatively high use railroad tracks . The railroad noisli is probably going to be pretty objectionable . It looks like a reasonable land use other than the fact that we intended it to be something else in the 2000 Comp Plan . So to be consistent , I did favor making the lot a par of that industrial . To be consistent I guess I have to accept the application . Conrad: Joan . I Ahrens: Does anybody know what the FAA requirements are for lighting on a 175 foot tower? II Krauss: Over 200 feet requires lighting. Bill Buehl : That 's correct . There will be no lights on this tower . I Ahrens: It seems like the planes fly over awful low out there . I 'd hate to have my house nearby if there 's no lighting on that tower . I Bill Buehl : We filed an application to get a notice of no hazard from the FAA before we build it as part of our required process . . . Ahrens: I 'm going to recommend approval of this also. I drive by that on II on Baker Road several times a week and I never noticed it was there until today when I was specifically looking for it . I think it 's pretty II unobtrusive . I think that this is a satisfactory area even to put it up even though there 's potential residential around it. The alternative sites are so close , as everyone has said . It doesn 't make any difference if it 'll Planning Commission Meeting August 15 , 1990 - Page 22 ' a 1 ,000 yards away. People can see it anyway but people see all sorts of things from their windows . They see electrical towers . Those big huge monsters and water towers and those big satellite dishes so I think this is not as bad as all those things or any of those things . I agree with the ' other commissioners on most of their comments . Particularly Steve 's in support of this and I will recommend approval . Conrad: Thanks Joan . I 'll be brief . I think there are , I have preferences for this not to be there . I think everybody said that here and we 're finding reasons that we don't think we can refuse it but preference is not to have it there . Therefore I agree with the staff report in terms of some of the conditions that it doesn't meet and that would be conditions 2 , 3 and 10 of the staff report . Incompatability with the zoning . Whether it be today or the future . Incompatability with the character and ' aesthetically . I guess the biggest thing , and I think all the comments on the commission are very clear and I think I support or I understand what they 're saying . I guess I haven 't been convinced that the applicant has really tried alternative sites . If we have a chance to , I guess when this goes to City Council , I think it 's real important that we understand that those have really been reviewed but I feel there 's enough here to say no . I als' feel that it takes some residential land away that I 'd rather keep residential in the future so for those 5 reasons , I would vote with the staff report and against the proposal . Is there a motion? Erhart : A question on a motion . If you 're looking for a positive motion , what does the staff prefer? Do you want to go back and look at conditions? Do you have some that you want to throw in at this point or ' are we looking for a positive motion? Conrad: It certainly sounds like the Planning Commission is . ' Erhart : If we go with a positive motion , do you want us to throw something out there and vote on it . Krauss: I could suggest some conditions if you 'd like to consider those . Well you had Commissioner Emmings ' concern that if other antennaes are to be installed, that it come back for review under the CUP guidelines . I Landscaping be installed as per their plan. No lights or signage be used on this site . And that the tower be painted a flat light color so that it blends in with the background. ' Erhart: Okay , with that I 'll move that the Planning Commission recommend to the City Council Conditional Use Permit #90-3 for SMSA Limited for a cellular transmission tower with the following conditions. That the staff approve both the tower , the aesthetic design as well as the building that goes with it . I state that because previously we always have the opportunity to review telephone equipment buildings and the aesthetics . ' Krauss: Could we touch on that for a moment . As I understand it , this building is a fiberglass exterior , portable structure that would be brought in and tied down to some footings. The illustration that I saw , it 's painted outside to emulate brick. I don 't know if that 's what you 're looking for . I Planning Commission Meeting August 15 , 1990 - Page 23 1 Erhart : I would not vote for that . If that 's what I thought it was , I I wouldn 't vote for that . It seems to me we 're voting on this because , I 'm proposing this assuming that we 're talking about a telephone building type" structure that you see down on TH 101 that 's made out of solid permanent material . If that 's what we 're looking at , then I almost . . . Wildermuth: But there again we have no ordinance . , Erhart : Yeah I know but there 's. Here 's the ordinance. It says it shall be architecturally consistent with surrounding structures . Wildermuth: There are no surrounding structures . Trees . Erhart : To be honest with you , I 'm going to withdraw my motion in favor e' having it come back with some more information as opposed to just changing it . If somebody else wants to do it . Conrad: E'ut you 've made a motion . ' Erhart : Well nobody seconded it so . Conrad: Co you want to make another motion? Erhart : Okay , yeah . I 'll make a motion that we . . . I Bill Buc:hl : Mr . Chairman , point of information . We are willing to construct whatever type of building you , architecturally . . . We 've built II many different types of buildings . . . Erhart: Paul , are you satisfied that you can take this from here? Krauss: It 's whatever you 're comfortable with. I guess I 'd like some guideline's . I mean do you expect a masonry brick building? Some of the newer utility buildings we 're getting are reasonably attractive these days" Erhart: Okay , I 'll proceed then and we can take a vote on it . That staff will approve the tower aesthetic design as well as the building and the building should be consistent with other recently constructed public telephone and public utility buildings in the area . And due to the fact that the surrounding buildings will turn out to be residential . So number 2 is staff will approve and document the..tower shape and structure and thall it 's construction will follow that approval . 3 , that no other radio uses should be approved without an addendum to the conditional use permit which will come in before Council and Planning Commission. And the other conditions as staff has outlined. Landscaping per a plan. No lights and II signage and that the tower will be painted a flat color . Conrad: Is there a second? , Wildermuth: Second . Erhart moved, Wildermuth seconded that the Planning Commission recommend II approval of Conditional Use Permit #90-3 for SMSA Limited for a cellular transmission tower with the following conditions: • Planning Commission Meeting August 15 , 1990 - Page 24 • I 1 . Staff will approve the aesthetic design of the tower and building and the building should be consistent with other recently constructed public telephone and public utility buildings in the area . 2 . Staff will approve and document the tower shape and structure and that it 's construction will follow that approval . 3 . No other radio uses shall be approved without an addendum to the Conditional Use Permit #90-3 which will come in before the City Council and Planning Commission . 4 . If other antennaes are to be installed , they should come back for review under the CUP guidelines . Landscaping be installed as per the landscaping plan . ' 6 . N D lights or signage be used on this site . 7 . The tower shall be painted a flat light color so that it blends in with the background . All voted in favor except Conrad who opposed and the motion, carried with a vote of 5 to 1 . Conrad: My reason is stated previously as I really like these uses in industrial areas . I don 't see a need to make them out in stand alone units . Absolutely do not see that need . This goes to City Council on September 10th so there are a few things that I hope the applicant heard ' and can present to the City Council . You heard our concerns here and they 're going to be , the Mayor 's here tonight so he 's listening . I think they 're going to follor our comments and you may want to pay attention to a few of those to make it easier . 11 2111 E'uehl : What sort of information would you like on alternatives? Ellson: The things you said you didn't have any information on for example . When Bill was asking you about some of these and you didn't have much information at the time . I think that would be . Bill Buehl : I know we were contacted by. . . We will find that out. Conrad: And then work with staff closely okay. Thanks Bill . PUBLIC HEARING: PRELIMINARY PLAT TO SUBDIVIDE ONE PARCEL INTO TWO LOTS ON PROPERTY ZONED RSF AND LOCATED AT 1010 PLEASANT VIEW ROAD, FORTIER AND ASSOCIATES. IPublic Present: Name Address . Kevin P . McShane 180 South Shore Court Daryl P . Fortier 408 Turnpike Road F CO\SULT.i\C LA\DSC_ =E ARCHITECTS ri10 FIRST AVENUE '.ORTH SUITE _It N]1\\EAPOLIS �S401 I 16 July 1990 1 Mr. Don Chmiel, Mayor , and Chanhassen City Council Members City of Chanhassen 690 Coulter Drive Chanhassen, MN 55317 RE: Proposed Cellular Telephone Facility on the Volk Property Dear Mayor Chmiel and Council Members: This letter accompanies an application for a conditional use permit to locate a cellular telephone facility on the Volk property adjacent to the Chicago, Milwaukee Railroad. The application is in the name of Minneapolis SMSA Limited Partnership, of which US WEST NewVector Group, Inc. is the general partner. US WEST NewVector Group, Inc.is one of the regional holding companies formed as a result of the break up of AT&T. Dahlgren, Shardlow, and Uban, Inc. has been authorized by US WEST to act as its representative for planning and zoning matters. Specifically,we propose to construct a single 125 foot self-supported antenna and a 12' 111 x 30'prefabricated equipment building. The base of the tower and equipment building will be enclosed by a six foot high chain-link fence. The site will be accessed by an asphalt drive connecting the site to County Road 18/117. I THE CELLULAR PHONE SYSTEM The primary users of cellular telephone service are members of the business community 1 and the public sector. The phone becomes a useful tool leading to increased productivity. Doctors, builders, salespersons, business owners and executives all benefit by using cellular phones. Additionally,cellular is extensively used in the public sector principally by fire and police departments. Cellular allows police and others to conduct discreet communication in the field. Citizens can contact"911"to report accidents, fires or other emergencies. The cellular phone system interfaces fully with the "911" 1 I . 1 City of Chanhassen, 16 July 1990 Page 2 1 emergency reporting system. Mr.James R. Beutelspacher, 911 Project Manager for I Minnesota, recently wrote, "the unimpeded growth of cellular service is an important adjunct to 9-1-1 emergency reporting". His letter is attached for your information as Exhibit E. 1 CELLULAR GRID SYSTEM I Cellular service provides subscribers with office quality phone service by developing a grid of antennas arranged in a geographically hexagonal pattern. Each hexagon is a "cell"created by an antenna and serves as the link between the customer and the system while the customer is within that particular cell. Each cell can only handle a I certain number of calls simultaneously. As the number of customers increase, the grid must be changed to handle the appropriate number of simultaneous calls. This usually means that more cells need to be created within the same area resulting in a new grid ' pattern of smaller cells. A new antenna must be constructed each time a new cell is created. As the grid matures and more cells are added, antennas are made shorter because of each cell's smaller coverage area. Antennas are also constructed to expand I the grid of coverage to the new areas. The antenna in Chanhassen is being proposed to expand cellular phone coverage in Chanhassen and adjacent communitie. The cellular mobile phone system operates on a specific set of channels set aside by I the Federal Communications Commission (FCC). The filtering of spurious signals is very tightly controlled. Cellular telephones operate within a very strictly controlled set of allotted frequency between 835 to 897 megahertz. US WEST NewVector Group is I currently operating over 160 cellular antennas around the country with no case of television or radio interference reported. ISEARCH AREA CRITERIA We have been working for several months to locate an antenna site in the Chanhassen I area to solve cellular phone service coverage needs. Many factors go into the selection of a location for an antenna site. These include market factors, technical considerations, cellular grid,zoning and land use compatibility,landowner willingness to I sell,land forms of the surrounding area, and accessibility to roads. All of these factors taken together create a narrow site search area for location of the antenna. The technical aspects of fitting a new cell site into the grid pattern dictates a small 111 search area for new antenna sites. The search area is further refined by topographical features and a sophisticated computer modeling that takes into account existing antenna sites,predicted coverage of the new cell and FCC service area requirements. Federal I Aviation Administration regulations must also be followed in locating and constructing antennas. The search area in Chanhassen that resulted from this type of analysis,is illustrated on Exhibit C. It is an area one-half mile diameter centered over the Volk iFarmstead. • I 1 I City of Chanhassen, 16 July 1990 Page 3 Once the search area has been defined by these technical constraints,zoning and land Y g use factors can be addressed. We have been in contact with the City's Planning and Zoning Staff to review the appropriate locations in the area but have found none better than the proposed site that meets all of the technical criteria as well as land use, zoning and comprehensive plan designation. Telephone antennas are conditional uses in the A2 District and the City's approved comprehensive plan calls for industrial uses in this area (see Exhibit D). The cellular telephone system does not have the power of eminent domain and we must deal with willing sellers. LOCAL ZONING REQUIREMENTS 111 Section 20-574 of the Chanhassen Zoning Ordinance allows commercial communication transmission towers to be located in the A2 District as a conditional use. Section 20-572 lists utility services as permitted uses in the A2 Zoning District. Because of the deregulation of the telephone company and the many separate companies that now provide that service, there will be multiple companies serving any one community. The installation and operation of cellular telephone facilities are regulated by the FCC and US WEST NewVector Group, Inc. must obtain permits and provide service indiscriminately to the public. Section 20-919 requires telephone equipment buildings,which are allowed in all zoning districts, to provide landscaping, a hard surface driveway,meet all setbacks, and receive the appropriate access permit from the County. The building must also be architecturally consistent with surrounding structures. All of the above is included in our proposed cellular telephone facility. The antenna which is 125 feet tall will be setback from all property lines in excess of 125 feet. STATEMENT ON THE COMPLIANCE WITH GENERAL ISSUANCE STANDARDS The facility will not be detrimental to or endanger the public health,safety,comfort, convenience or general welfare of the neighborhood or City. The antenna is located a safe distance away from surrounding buildings. The closest building is in the Crosby Park Industrial Complex located directly to the south of the site, approximately 1,000 feet away. The closest residential building is located at the corner of County Road 18 and 117 and is 1,100 feet away from the facility. The 125 foot self-supported antenna proposed on this site is one of the safest in design. As indicated in the enclosed letter from Pirod,Inc., (Exhibit F)failure of a self-supporting tower is extremely rare in such instances as a direct hit from a tornado. In the rare event of failure,the pattern of failure is a"bowing over"of the upper portion of the tower against the base of the tower. The cellular facility will be consistent with the objectives of the City's comprehensive plan. The proposed use is considered an essential service and is permitted by conditional use in the A2 District. The comprehensive plan for this area indicates industrial uses similar to the adjacent industrial areas of Chaska. I City of Chanhassen, 16 July 1990 Page 4 The facility will be designed,constructed,operated and maintained so it will be compatible in appearance with the existing or intended character of the general vicinity ' and will not change the essential character of that area. The essential character of the area is formulated by the railroad tracks,county highways, agricultural land and the many industrial uses across County Roads 18/117 from the site. A power substation is located further to the south. Heavy woods to the north, east and south separate the site from existing development.The tower itself will be thin in profile and located adjacent to the stand of woods to be preserved on the site. The building is relatively small and will be fully landscaped to minimize its utilitarian appearance. With landscaping and the siting of the facility adjacent to woods,the cellular telephone facility will blend in with the backdrop of the surrounding scenery. The facility will not be hazardous or disturbing to existing or planned neighboring uses. The neighboring uses being industrial and agricultural will not be disturbed by the presence of a cellular phone antenna. The cellular phone facility permits enhanced mobile communications for both the public and emergency services. This type of service has been an essential ingredient in communities reacting to emergency situations, as well as flexibility in personal and business communications, all of which is a benefit to the businesses and residential neighborhoods in a community. Cellular is a low power system. The amount of energy generated from a single cellular phone channel is typically about 4.::e same as a 100 watt light bulb. This is less energy than is generated by a cordless telephone,which is in use in many homes today. There is no • disturbance to televisions, radios, pacemakers or other sensitive equipment. The mobile cellular telephone system has become an essential part of the public communications network. The quality and capacity of local cellular service will be an important factor that future residents will evaluate in selecting where to live. The 'peak hours of use are during rush hour when users are on their way to and from work. Currently cellular coverage is patchy along low lying highway corridors and this facility will alleviate those coverage problems and enhance the capacity of the system to accommodate additional numbers of users. In addition, the FCC regulations dictate that US WEST NewVector Group fill in the service areas to meet coverage and user demands as part of their licensing requirements. The cellular phone facility will be served adequately by streets,police,fire protection, drainage structures,refuse disposal,water and sewer systems and schools. The facility requires street access for maintenance purposes only and will have minimal requirements of police and fire protection. In fact, the 911 emergency facilities of the system (all 911 calls are free)greatly facilitates the highway patrol's responses to emergencies. The site will remain primarily in its natural state and not create additional runoff from the site. No utilities are necessary since the site is unoccupied and will not create a demand for additional educational facilities in the school system. Obviously the facility ' will pay its fair share of taxes to support those facilities. The facility will not create excessive requirements for public facilities or services and will not be detrimental to the economic welfare of the community. In fact,the facility will provide a needed service and help Chanhassen attract new residents and businesses who enjoy enhanced communication services. I City of Chanhassen, 16 July 1990 Page 5 The facility does not create excessive traffic,noise,fumes,glare,odors,rodents or trash. The operation of the antenna and adjoining facilities will not be an occupied use, therefore,there will be no measurable impacts on local traffic. A parking space will be provided immediately adjacent to the equipment building for maintenance personnel. Maintenance personnel are expected to visit the facility on an average of once or twice a week. No trash is stored on the site and all equipment is inside the specially designed equipment building. Federal Aviation Administration (FAA) regulations do not require lighting of structures less than 200 feet in height. The proposed antenna is 125 feet and will not require any nighttime illumination. I The facility will have a vehicular approach to the property which does not create traffic congestion or interfere with traffic on surrounding public thoroughfares. The access point is approximately 200 feet from the railroad crossing and 600 feet from the intersection of County Road 117 and County Highway 18. There is less traffic created by the facility than a single family home and there will be no problems of congestion. There will not be a destruction or loss or damage of solar access,natural,scenic or historic features of major significance. The site has left all of the major elements intact and is further enhanced with the site landscaping. , The facility will be aesthetically compatible with the area.The site itself will be landscaped and maintained in a natural state. The antenna tower will appear no different than structures commonly found in the industrial area to the south or on agricultural properties with wind-generated equipment. The tower will have no moving parts and because of its location directly adjacent to the stand of woods,we feel the overall effect is an aesthetically pleasing tower installation. I The proposed facility will not depreciate surrounding property values. The existence of cellular telephone antennas has been shown not to negatively affect property values even in residential areas. A copy of a letter by Peter J. Patchin, an appraiser, is attached as Exhibit G and contains his opinion that cellular phone antennas do not depreciate surrounding property values. Mr.Patchin studied antennas in both industrial and residential settings. , To the best of our knowledge,the proposed facility meets all standards provided for by the City. In addition, the specifics of the landscape enhancement plan provides for additional beautification of the site. The perimeter landscaping requirements have been met by the retention and preservation by the significant stand of trees left on the site. Additional evergreen trees will be planted around the access road and facility to provide a year round sense of enclosure. , Since there is only one vehicle parking stall, the western side of the parking area will be screened with shrub plantings. There is additional landscaping proposed along the , access road and along the right-of-way of County Road 117 to break up the views of the facility. The remaining site will be planted with grass and wildflower species for overall beautification. Much of the area will be left in its natural state. The landscape planting will be installed after completion of all construction activity. The ' landscape installation will include a one year guarantee and a maintenance period including watering to ensure proper growth in the first year. 1 City of Chanhassen, 16 July 1990 Page 6 I hope your questions about cellular telephone facilities have been answered. I will be ' happy to furnish any additional information you may request. Sincerely, ' DAHLGREN, SHARDLOW,AND UBAN, INC. r) C.John Uban,ASLA Vice President Enclosures: ' Check for Application Fee in the Amount of$150.00 Site Plan Landscape Plan ' Exhibit A -Aerial Photo of Proposed Site Exhibit B -Surrounding Property Map Exhibit C - Search Area Map Exhibit D -Land Use and Zoning Map Exhibit E- Letter from James R. Beuteispacher, 911 Project Manager Exhibit F- Letter from Pirod, Inc. Exhibit G -Letter from Peter J. Patchin,Appraiser t I 1 I I I t . , S`�F}.�`•_�F�=�r�-:`ter)` << �t. RECEIVED Cr;' c`-;TI:\G I '_ \Fi S L,. . ,sl E CHITECTS AUG 2 21990 ;io FIRST AVENUE '-.fPTH SL'\ AP \,I•\' -A>✓oLls, M:: „�nl CITY OF CHANHASSEN 20 August 1990 1 Mr. Paul Krause City of Chanhassen 690 Coulter Drive Chanhassen. MN 55317 RE: Planning Commission's Recommendation for Approval of Conditional Use Permit Dear Paul: This letter is written to verify that our original application for a conditional use permit I to construct a 125 foot self-supported antenna was amended at the August 15 Planning Commission meeting with the change from a 125 foot self-supported antenna to a 175 foot self-supported antenna, and that the motion to recommend included the 175 foot antenna. Also at that meeting,U S WEST agreed to design and construct a building that is acceptable to the City. We are looking forward to the City Council meeting scheduled for August 27 to present this proposal for final approval. If any new issues arise or if the City receives additional comments regarding this project,please notify me. Sincerely, D AniLGREN, SHARDLOW,AND UBAN,INC. I .iliL, f2 Uv William R. Buell Senior Consultant I I I . 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' . C.--•••.. ‘V•70.-.. ..7--ill;. ...7- ',-,...S. '''•••••"-••".S, ::•-•%.4.1.7:1;•-•..... •' . • i ;.-'. .. .17.7 •• •-'ss ' -.,•4`!'t••e*Ok."''-8- ,:'- rl" . - I -;7'::.--7,r, ''''''or'771E-------7.,..•-..--. _ .„ , . . _ . . - STATE OF M]NNESOTA :5!:.A•aM f _=.47:I ~ ` iL.; ; November 1, 1989 I Department of I Administration interTechnologies Mr. Ron Sanders Group Regional General Manager U.S. West Cellular Opus Gateway, Suite 410 9800 Brenn Road East Minnetonka, Minnesota 55343 Dear Mr. Sanders: I am writing to thank you for your continued cooperation in providing the best possible 9-1-1 service to your subscribers and to express my support for further cellular growth. As you know, the public safety community began receiving 9-1-1 emergency calls from cellular users from the start of cellular service. The 9-1-1 system improves the level of public safety service to the community by allowing faster and easier emergency reporting. Cellular service I enhances that capability by allowing 9-1-1 calls f.-)m the scene, regardless of landline telephone availability. It provides the opportunity for on-the-spot emergency reporting. Your effort to help route cellular 9-1-1 calls to the proper public safety answering point and advise 1 your subscribers about 9-1-1 availability has been a significant help to public safety. In 1986, the Golden Valley State Patrol dispatch center answered about 300 cellular 9-1-1 calls per month. This I year, well over 2,000 calls a month are responded to. That increase indicates both your success in selling cellular telephones, and your help in educating your subscribers about 9-1-1. Many of those 9-1-1 calls reported emergencies located away from conventional telephones, so cellular I saved precious time. The mobility of cellular service complements the universality of the 9-1-1 system to provide a real benefit to the community. It has been a pleasure working with you to bring the benefits of 9-1-1 and cellular service to the I communities of Minnesota. Minnesota is proud of our accomplishment of statewide 9-1-1. Your efforts at eventual statewide cellular service is appreciated and encouraged. The unimpeded 1 growth of cellular service is an important adjunct to 9-1-1 emergency reporting. We look forward to further joint efforts to provide this service to more Minnesotans. Sincerely, I mes R. Beutelspac er State 9-1-1 Project Manager Business Technologies Division mf cc:John Shardlow 500 Centennial Office Building 658 Cedar Street DSU Incorporated St.Paul,MiMinnesota 55155 (6 12)296-69'.1 Minneapolis, Minnesota Exhibit E (60 1 OCT I 'REID 16 Ic�c AlLik , IRO• P.O. BOX 128 II October 10, 1989 PLYMOUTH, INDIANA 46563.0128 (219) 936-4221 • FAX (219) 936-6796 II Mr. John Shardlow DAHLGREN, SHARDLOW AND UBAN, INC. 300 First Avenue North /I Suite 210 Minneapolis, MN 55401 il RE: Guyed Tower for U.S. West Cellular, Indianola Tower Job A-107244 11 Dear Mr. Shardlow: Thank you for your inquiry relating to tower design practices and IIpredicted type of failure. The national design code (EIA Standard RS-222-D) requires that the factor of safety of guy wires be greater than the factor of II safety in the tower structure itself. For towers 700' or less, the mini,aum factor of safety on wires is 2.0, while the minimum factor of safety on tower members is 1.25. For towers over I 1200' tall, these values are 2.5 and 1.66 respectively. For heights between 700' and 1200' , the values are calculated by linear interpolation. tThe purpose of this disparity is to insure that failure of the structure is predicted before failure of the wires. Structural failure would therefore be predicted to result in collapse of the II tower like a "carpenter's rule" in the general area of the base of the tower. II The foregoing is with specific reference to tower failures induced by extreme weather conditions. However, tower failure can also result from human misadventure or vandalism. Therefore, II security fencing is advisable to protect against accident or vandalism. Should you have any questions, please do not hesitate to contact I us. Sincerely, I Myron C. Noble, P.E. President MCN:lah i Exhibit F Peter J. Patchin 1 & Associates, Inc. Valuation Consultants I 14300 Nicollet Court. Suite 240. Burnsville. Minnesota 55337 (612) 435-5999 I 11 April 19, 1988 1 1 L.S. West New Vector Group, Inc. 3350 151st Avenue S.E. P.O. Box 7329 Bellevue, WA 98008 RE: MIN - B, B1 f Credit River Township Scott County, Minnesota H.E. King: Gentlemen: I At your request I have investigated the potential market value impact of the proposed cellular communication tower which is to be located on the Minneapolis Gun Club site on Judicial Road. The proposed tower is to be 350 ft. tall, single pole, with guy wire support. The specific purpose of this study was to estimate the market value impact, of the proposed tower, upon properties in the surrounding neighborhood. The surrounding neighborhood is of a predominantly rural character i with scattered single family dwellings and small farms located on large acreage lots. The present Scott County zoning is A-2 Agricultural District. This zoning is intended for current use as agricultural, but with a gradual transition to single family residential. The minimum lot size under this zoning is 10 acres. i I Exhibit G 1 I The investigation as to market value impact included the inspection of sites with the same type of tower as is proposed. Those sites were: 12666 Dakota Ave. So. Savage, Minnesota Industrial area with single family bluff top homes, immediately to south. 1929 Eagle Creek Blvd. , Shakopee, Minnesota Light industrial area between Canterbury Downs and the Haver Addition, a single family residential • area overlooking tower site. 1/ . 14950 Chippendale Avenue, Rosemount, Minnesota Located next to City of Rosemount water tower in a predominantly residential area. A review of market data in these neighborhoods revealed no measureable value impacts.. Contacts with well informed real estate brokers And assessors familiar with these neighborhoods revealed no value impact. iFurther, I reviewed appraisals I have made of properties lying in close proximity to towers and found no value impact. My conclusion is that given the subject location, there should be no measureable value impact upon neighborhood properties. PETER J. PATCHIN & ASSOCIATES Sincerely, pA, Pare-L: Peter J. Patchin, MAI, CRE, ASA President Enc: Appraisal Qualifications of Peter J. Patchin II I Peter J. Patchin& Associates. Inc. I CERTIFICATION (Real Estate) I certify that, to the best of my knowledge and belief: I 1. The statements of fact contained in this report are true and correct. 2. The reported analyses, opinions, and conclusions are limited only by the reported assumptions and limiting conditions, and are my personal, unbiased professional analyses, opinions, and conclusions. • 3 . I have no present or prospective interest in the property that is the subject of this report, and I have no personal interest or bias with respect to the parties involved. 4 . My compensation is not contingent on an action or event # resulting from the analyses, opinions, or conclusions in, or the use of, this report. - 5. My analyses, opinions, and conclusions were developed, and this report has been prepared, in conformity with the requirements of the Code of Professional Ethics and the Standards of Professional Practice of the Ai.,rican Institute of Real Estate Appraisers. 6. The use of this report is subject to the requirements of the 1 American Institute of Real Estate Appraisers relating to review by its duly authorized representatives. 7 . The American Institute of Real Estate Appraisers conducts a I voluntary program of continuing education for its designated members. MAI's and RM's who meet the minimum standards of this program are awarded periodic educational certification. Mr. Patchin is certified under this program through September 15, 1990. 8 . I have made a personal inspection of the property that is the subject of this report. Other appraisers, signing this report, who made a personal inspection of the property were as follows: none. 9. No one provided significant professional assistance to the persons signing this report, except as noted herein. �� ¢ Pew P /9 gs Si ature Date 1 I Peter.1.Patchin&Associates,Inc. I IIQUALIFICATIONS OF PETER J. PATCHIN, AS APPRAISER II I EARLY HISTORY Born in Minneapolis, Minnesota in 1934. Elementary and secondary educa- tion in Edina, Minnesota public schools. ilBUSINESS EXPERIENCE Cargill, Inc. , Production Trainee, 1956-57. U.S. Army Corps of Engineers, Topographic Mapping, 1957-59. IIGeneral Mills, Inc. , Staff Engineer, 1959-61. Patchin Appraisals, Inc. , Staff Appraiser, 1961-65. Vice President, 1965-81. Peter J. Patchin & Associates, Inc. , President, March, 1981 to- present. 11 EDUCATIONAL WORK Kansas State University, B.S. Degree, with honors, 1956. IIWilliam Mitchell College of Law, 1977-78 AIREA Courses lA-1, 1A-2, 1B-1, 1B-2, 1B-3 , 2-1, 2-2 , 2-3 , and 7 , all passed during 1980, Litigation Course in 1985. II Original AIREA course work passed 1964 through 1968. Currently attends two to three appraisal seminars per year, one to three days duration each. IIPROFESSIONAL AFFILIATIONS Member, American Institute of Real Estate Appraisers (MAI) Senior Member, American Society of Appraisers Real Property & Business Enterprise - Intangible Property Designa- tions (ASA) Member, American Society of Real Estate Counselors (CRE) Affiliate Member, Minneapolis Board of Realtors Certified Business Appraiser (CBA) - Institute of Business Appraisers 1979 Licensed Real Estate Appraiser - State of Nebraska 11 PROFESSIONAL PUBLICATIONS "Gross Multiplier vs. Capitalization Rates" - Valuation, November, I 1971, Pages 88 - 95. "Depreciation Methods and Market Experience" - The Appraisal Journal, October, 1980, Pages 503 - 510 "Grain Elevators, Three Approaches To Value" - The Appraisal Journal, t July, 1983, Pages 392 - 400 "Common Sense About Cash Equivalency" - The Appraisal Journal, July, 1985, Pages 340 - 346 II "Valuation of Contaminated Properties" - The Appraisal Journal, January, 1988, Pages 7 - 16 11 COURT EXPERIENCE Qualified in District Courts in Minnesota, Michigan, Montana, and New York Qualified in U.S. Tax Court, State of Minnesota Tax Court, Federal Court, ' District of Wisconsin Peter J.Patchin di Associates,Inc. 1 QUALIFICATIONS OF PETER J. PATCHIN (Continued) I APPRAISAL EXPERIENCE Specializing in the appraisal of industrial, commercial and special purpose properties, primarily to estimate market value on land, buildings, machinery and equipment and intangible assets. Appraisal experience on various types of properties include the following: I/ development lands, park lands, industrial river channel lands, utility easements, office buildings, warehouses, factory lofts, shopping centers, hotels, restaurants, service stations, apartment buildings, grain elevators, flour and feed mills, breweries, malt plants, food canneries, bakeries, dairies, bottling plants, schools, churches, hospitals, machine tools, graphic arts plants, iron foundries. Intangible asset experience includes leasehold interests, patents, trademarks, copyrights, mailing lists, goodwill, as well as the valua- tion of the entire business enterprise. APPRAISAL CLIENTS INCLUDE 1 Aetna Life & Casualty Co. Louisana Highway Commission Bay State Milling Co. Medtronics, Inc. Burlington Noz :hern, Inc. Metropolitan Airports Commissio - Cargill, Inc. Minneapolis Community Development Agency Certain-teed, Corp. Minnesota Department of Transportation Control Data Corporation Minnesota Housing Finance Agency Farmland Industries, Inc. Mennel Milling Company Garnac Grain Co. North Dakota State Tax Commission General Mills, Inc. Northern States Power Company International Multifoods, Inc. Pillsbury Company . Jefferson Company Ralston Purina Company K Mart Corporation Soo Line Railroad Krause - Anderson Companies 3M Corporation II U.S. Internal Revenue Service University of Minnesota I I *The American Institute of Real Estate Appraisers conducts a voluntary program of continuing education for its designated members. MAI 's and RM's who meet the minimum standards of this program are awarded periodic educational certification. I am certified under this program through September 15, 1990. I Peter.1.Patchin&Associates,Inc. I • . US WEST Cellular US WEST Cellular is a division of US WEST created by New Vector ro pre subs AT&T in US WEST Inc., one of the seven regional companies cr Y US WEST NewVector Group offers a full range of mobile communications services including y cellular phone systems, as well as a comprehensive line cellular operators. US WEST NewVector Groups ipllustrat d below'plus some additional market area that includes the fourteen western states s area. The local markets, such as the San Diego weVePo tGroupeis,lohcated in Bellevueh1Washington corporate headquarters for US WEST N US WEST NewVector ii 14-State Market Area US WEST NewVector Group r US WEST Cellular US WEST Paging „:-,:. Introduction to Cellular Technology In .the past, mobile telephones were only s aboutil utilized only 12-20 channels and often I tolerate the considerable limitations of system that had poor voice quality and spotty coverage.These all systems f the mobile units with in the service centrally high-powered transmitter to communicate with ste channels technology did not make large-scale service Pls could not be reused becausesthe transmitted could handle only one call at a time. Chann signals were strong enough to interfere with one another. System S Cellular System I: Conventional y i� di . ...... 1....,.„„,E,:::::.. ... is t:14t .' - I The current cellular telephone technology was devellope d a Bell La eo a t rtes to respond to hneycb these problems. This system consists of many o a pattern of"cells” that invisibly blanket the service area. I I , . I The cellular system consists of a cellular phone that both transmits and receives radio signals. I From the mobile phone, calls are sent to a central computer called the Mobile Telephone Switching Office (MTSO).'The MTSO connects the cellular phone transmission with the local telephone company system which completes the call. 1 ti 1 From Cell To Central Computer To Local Call Anywhere (MTSO) Telephone Company in the World I As a caller drives from one cell to another, the call is automatically handed off to another cell by computer. The cells are also overlapped to insure calling success even during the busiest hours and days of the month. The system is engineered to provide excellent signal strength and clarity. In addition, all NewVector cellular service systems are compatible with each other, Iso when a caller travels into another city, the system still works. MTSO MTSO MTS0 i i itip,-- 0-- 4:64p40 1 • 1 As you drive from one cell to another, the computer automatically hands off your call to a new celL 1 Relationship With Neighboring Systems Akk *irk j qr. -11 MN 111Mmeitallp all. ...-Alt, lii4-•01_.19, 1 _- .41 _,.. ,,41,1,PP.-- 1111.%■ 0.iltdiP lila. -- --Q-e/.., , i,„,-......-ady - ....6.-- - Alli --- - Illirrir - fidat-----Viiiir iiir irk—ANL 1 I Ur is wir ti MP . . , . All cellular systems are compatible, so when you travel to another city which has cellular 1 service, your cellular telephone still works. This is called roaming. As cellular mobile systems expand throughout the nation, many major highway corridors between cities will be covered with additional cells. I 1 t' • F Cell Site Selection Cellular telephone service is expanded in a given area to provide better service to cellular customers. This can be done in two ways: extending the coverage to new areas or increasing the capacity of the system within the current service area. I The decision to expand the system depends on a number of factors.First,the number of current customers within the area and the capacity of the current system are analyzed to identify the need to expand. Second, the quality of service within the area is constantly being evaluated, both electronically at the switching equipment, where every call is monitored and any service failures are recorded, and through feedback from customers. Once the decision has been made to expand or improve service, the engineers at US WEST NewVector prepare.a preliminary design analysis. The topography and terrain features within the service area are entered into a computer, along with a series of variables, such as antenna height, available frequencies, and equipment characteristics. From this information the en- gineers determine a search area for the optimum location and height of the antenna to maximize service within the cell. When this technical analysis is complete, a search area map and other requirements are provided to the real estate and site selection consultants. I With this information, the real estate acquisition consultant applies various criteria to identify and rank potential sites. The following is a summary of these cell site selection criteria: I CGSA Cellular Geographical Service Area. The boundaries of the entire system are determined by the Federal Communications Commission (FCC). Cell sites must be located so that radio signals from the system stay within the boundaries of the CGSA. The Cellular Grid. Within the CGSA, individual cell sites are placed on a hexagonal grid pattern. This pattern provides coverage for the largest area with the fewest sites and, therefore, fewer land use impacts. This pattern also facilitates future "cell splitting", or "sect oriza tion". Topography, Land Forms and Other Constraints. The computer analysis conducted by I the engineers takes into consideration the hills and valleys within the service area. Basically, a line of sight relationship is needed between the antenna and the cellular telephone to insure quality service. There are often land features within a search area that limit the options for site locations. Features such as bodies of water, swamps and steep slopes may prove impossible to build upon, and since cell sites must be periodically maintained, they must be accessible to technicians year-round. Therefore,we need to find sites near the center of the search area, at the optimum elevation, and accessible by existing roadways. Sites with existing or proposed high-rise buildings nearby must also be avoided because of the potential for"shadowing"within the service area. I Since all of the cell sites work together (calls are automatically handed off from one cell to another as the driver travels between coverage areas), one antenna may not be lowered or raised without affecting the performance of that cell and adjacent cells. The combination of these factors results in the identification of well-defined "preferred locations"within the search area. I I II , 1 FAA And Existing Radio Conflicts. In addition to the engineering constraints noted above, the site location must not interfere with either Federal Aviation Administration (FAA) requirements, or existing radio transmitters operating at high frequencies. FAA regulations protect air space zones and flight paths surrounding airports and the locations and heights of all antennas are reviewed to insure that they do not violate these safety zones. Also, when • certain AM and FM radio broadcast towers are located in close proximity to cellular antennas, ' it can degrade the performance of the signal by creating interference. Consequently, the placement of a cell site in close proximity to AM or FM towers must be thoroughly analyzed. 1 Zoning and Land Use Compatibility. Whenever feasible US WEST NewVector strives to acquire property that is properly zoned and adjacent to compatible land uses. Sites adjacent to existing tall power lines, microwave facilities, antenna farms, water treatment facilities, and similar uses are selected when they meet the other technical requirements of the system. When ' circumstances result in compatibility concerns, a concerted effort is made in the design process to screen facilities and otherwise mitigate these problems. I Property Availability. Due to all of the engineering and design constraints described above, it is often difficult to find sites that meet all of the requirements. It is often impossible to find vacant land or building space for sale or lease. In most cases, more than one site is IIevaluated prior to selecting the most favorable location. The following hypoythetical illustration summarizes some of the site selection constraints. I . 1 Existing Tower Water Tank Within Search Area Outside Search Area I Existing Tower ;, eoU Outside Search Area Water Tank \ Within Search Area 'be. ff } .....:.... . Protected x Airspace Zone `,...:.;::;:: '` I I Public Safety Questions In recent years there has been concern over possible health effects from radio frequency RF y P q � ( ) energy.This energy is around us every day, coming from commercial radio and TV, radar, amateur radios, and other sources. The frequencies used by the cellular phone network are the same ones assigned previously to certain UHF TV channels, and so have been in the airwaves for many years. The American National Standards Institute N. a t,+;,{t (ANSI) has established a standard for safe ex- - y• -',.* _ lar t;4�t1\1;1 posure levels to RF energy. That standard is s " ,f _ f��,`'�lif �S• compared below to other household sources 'i'afi 11 1 ' :� '. 1.�� and a typical cellular phone antenna. Cellular ^fin,, �, I _ ∎�1t,', antennas transmit relatively short distances and ^i ; , '-' operate at very low power levels. As the hypot- -- �� '','% %r• hetical illustration suggests, the amount of en- L° ergy from a single cellular phone channel is '' "ii.,,- I typically about the same as a 100-watt light <: .,.� '' - ",',_ ; 4 � � � � bulb. While there may be between eight and Al' \ fifty channels operating from one cell site, the )Ni ,„� channels rarely all transmit at the same time r ?`, and each operates at a different frequency. " '1 4.':../'TI :. ,- 3 F, The power from a single cellular channel is about E ' . the same as an ordinary light bulb. I k, Cellular Some antennas in the cellular phone network ix i are microwave relay antennas that transmit and r receive telephone messages from cellular sites E %: ':„ to the wireline telephone network. The signal "' .'4 , between these antennas is in a directed beam, ANSI I Foot Hand Held Cordless 300 Feet so the dispersion of RF energy outside this Standard from a CB Radio Phone from a Mll'roua a Cellular narrow beam is insignificant. Even directly Oven Antenna beneath a cellular antenna, the exposure is Comparison of RF Energy, Cellular Antennas vs. about half that of an ordinary cordless phone, ANSI Standard & Household Sources or less than one percent of the ANSI standard. .. i Cellular Does Not Interfere With Other Transmissions To maximize the capacity of the system, cellular antennas transmit at very low power. This allows I the same frequencies to be used simultaneously in non-adjacent cells.US WEST NewVector Group operates hundreds of cell sites in fourteen states and has never experienced any interference I problems with other transmissions. Ultra Cellular Phones Radio frequencies are a sort of precious na- Gamma Violet Visible AM Rays X Rays light infrared Microwave ITV/FM Radio tional resource for which there is a tremendous ! i i= J F i and growing demand. The Federal Communi- „ „ ,S „ fo Lo Lo to /lo 11 fo to� 10-5 lei cations Commission (FCC) regulates the use of ELECTROMAGNETIC SPECTRUM Frequency/Hz radio frequencies throughout the United States. The graphs illustrate the broad range of ilular Phones .uHF TVChannels7.13 FM Radio TV Channels 2.6 frequencies and the narrow segment of this ` spectrum that constitutes radio and television °• frequencies and those allotted to cellular phone 109 108 Frequency/Hz I transmissions. I 1 li . . I . • Cellular i Glossary I _ CeIl. A small geographic area served by a Mobile Telephone Switching Office low-powered transmitter, 2 to 10 miles in (MTSO) Also known as the MTX or radius. "Switch". The interface between the cell sites and the conventional wireline tele- phone network. It serves as the central co- Cell Site. An installation containing the ordinator and controller, as well as housing transmitters, receivers and control equip- the switching equipment for a cellular tele- ment necessary to connect the cellular phone system. I - phone system and the conventional wireline telephone network. Radio Common Carrier (RCC). Firms ICell Splitting. The division of a larger cell licensed by the Federal Communications Commission (FCC) to provide a variety of into several smaller cells to provide more radio services to the public, including dis- channels within the same geographical area, patch and paging services. Many RCC's now and therefore provide better service. own cellular licenses. US WEST NewVector is an RCC licensed by the FCC. I Cellular Geographical Service Area (CGSA). A specific geographic area, Roaming. The ability to operate a cellular within which a cellular system serves cus- mobile telephone in a mobile service area tourers. Mobile customers are expected to other than the one from which service is I subscribe to cellular service within a given subscribed - for example, being able to use CGSA. your cellular phone in Minneapolis, even though you subscribed originally in Seattle. Digital Radio Link. A radio signal used to connect telephone circuits from a cell site to Sectorization. An engineering refinement the central switching equipment (the of a cell's transmission antennas, which im- i MTSO). proves call quality by reducing cross- talk/interference. This is done by splitting the coverage of the cell site into three equal Electronic Switching System. A computer sectors, by means of directional antennas. that automatically routes calls within the cel- lular system, located at a central site. Wireline Telephone Network. The con- ventional local telephone network which Hand-Off. The automatic switching of a transmits calls over wires rather than radio signal from one cell to another,which occurs waves. The FCC has ruled that wireline within a fraction of a second. companies or their affiliates may apply for • cellular licenses in those areas where they currently provide wireline service. 1 I 1 I T- _ ___ _ I ) r - -. = ; "". O G kb • 1. - t 4 I i ( . a ._ • • - . • . _? C (° • 0 • V �j - 4 Chaska Investment Limited Partnership ( O •:.J:_�; - -, . CFD Charles W. Watson 2870 Wheeler Street North I ( I ' : g.!X • • .' • - • . Roseville, MN 55113 II Lake Hazeltine Dr, Lim Part , c/o Robert P. Kult ' 16600 West Glendale Drive 1 New Berlin, WI 53151 II , 11 Earl J and Delores Holasek 8610 Galpin Boulevard Chanhassen, MN ' 55317 '1 Merle and Jane Volk F 135 Mound Avenue _____ __ _ --_._ ,= Tonka Bay, MN 55331 - o (: . a • , . • . I ( t. - t . • • - . . t ; 4 mil 0 ' • c§ : • •X II ' I ' • r. - • t ' Preferred Products, Inc. 1 Corporate Tax Department ( t - I :',--, 0 • !;' • r P.O. Box 990 l'il O (' : fr ..� •y' ' r -� ." •3 Minneapolis, MN 55440 111 11 11/ 4 1 R. Hartung/W. Otto James & L. Leirdahl Todd & S. Paetznick • II400 S. Oak Street 13050 Dahlia Cir. #116 2320 Timberwood Dr. Waconia, MN 55387 Eden Prairie, MN 55344 Chanhassen, MN 55317 IIMichale & M. Greer Alan & K. Hebing Sunil & A. Chojar P.O. Box 5362 6290 Painters Circle 7480 Longview Drive IMinnetonka, MN 55343 Mound, MN 55364 Chanhassen, MN 55317 M. Foster/K. Olsson Gestach & Paulson Const. M. Sand/D. Theis 13982 Mount Terrace 414 Chestnut Street 6827 Charis Court Minnetonka, MN 55345 Chaska, MN 55318 Eden Prairie, MN 55346 I IBlair & S. Bury Debbie Iverslie James & D. Castleberry 15959 Tonkawood Dr. So. 2040 Oakwood Ridge 2051 Oakwood Ridge Minnetonka, MN 55345 Chanhassen, MN 55317 Chanhassen, MN 55317 I J. Dockendorf/C. Connors Marin Hahn David & G. McCollum II 13703 85th Ave. N. 3528 Idaho Avenue 2050 Renaissance Court Maple Grove, MN 55369 New Hope, MN 55427 Chanhassen, MN 55317 IIRussell & E. Chance Stanley & C. Rud Robert & R. Lawson 15561 N. Hillcrest Court 2030 Renaissance 5729 Zenith Ave. S. " Eden Prairie, MN 55344 Chanhassen, MN 55317 Minneapolis, MN 55410 " Steve & J. Hackbarth Curtis & J. Beuning Andrew & S. Richardson 1470 Scenic View 12055 41st Ave. N. 8120 Pinewood Circle " Chaska, MN 55318 Minneapolis, MN 55411 Chanhassen, MN 55317 Mark & N. Bielski Richard & E. Larson William & L. Miller 8140 Pinewood Circle 8141 Pinewood Circle 8121 Pinewood Circle Chanhassen, MN 55317 Chanhassen, MN 55317 Chanhassen, MN 55317 I 1James & B. Roeder J. Soderlind/C. Murray Craig & M. Harrington 8101 Pinewood Circle Apt. #112N 8140 Maplewood Terrace Chanhassen, MN 55317 11011 Anderson Lakes Chanhassen, MN 55317 Pkwy. IEden Prairie, MN 55344 Gregory/B. Vandervorste Gregory & J. Sorenson John & L. Thonander 118141 Maplewood Terrace 11188 Westwind Drive 12121 Meadow Lane W. Chanhassen, MN 55317 Eden Prairie, MN 55344 Minnetonka, MN 55343 . . il B. Foley/J. Werner Robert & N. Krocak Dave & K. Maenke 2061 Timberwood Drive 2218 A 22nd Ave. S. 2041 Timberwood Drive II Chanhassen, MN 55317 Minneapolis, MN 55404 Chanhassen, MN 55317 1 Brian & L. Klingelhutz Michael & J. Cochrane Donald & M. White 2031 Timberwood Drive 1751 Sun Ridge Court 8850 Audubon Road II Chanhassen, MN 55317 Chanhassen, MN 55317 Chanhassen, MN 55317 1 Marlin D. Edwards Gerald & K. Alvey Michael B. Neville 8950 Audubon Road 1831 Sun Ridge Court 5751 Thomas Circle Chanhassen, MN 55317 Chanhassen, MN 55317 Minneapolis, MN 55410 II Dean Feltmann Howard & L. Johnson Roger & G. Schmidt II 8241 Galpin Blvd. 8250 Galpin Blvd. 8301 Galpin Blvd. Chanhassen, MN 55317 Chanhassen, MN 55317 Chanhassen, MN 55317 1 Gerald & L. Gustafson E. Jerome Carlson Patrick & K. Minger II 8341 Galpin Blvd. 8280 Galpin Blvd. 8221 Galpin Blvd. Chanhassen, MN 55317 Chanhassen, MN 55317 Chanhassen, MN 55317 1 Dale & M. Wanninger Thomas & M. Schmitz Lawrence & F. Raser I8170 Galpin Blvd. 8190 Galpin Blvd. 8210 Galpin Blvd. Chanhassen-, MN 55317 Chanhassen, MN 55317 Chanhassen, MN 55317 I Chan Land Audubon I Ltd. Ptnshp. 200 West Hwy. 13 c/o Jon Blanchar Burnsville, MN 55337 7900 First Ave. S. Bloomington, MN 55420 I I II 1 I 1