HomeMy WebLinkAbout5.a. Parker Communications Interim Use Permit . y
��1 P.O: BOX 510
ZC� � 2875 145TH ST. W.
O�Q,�AOu�� ROSEMOUNT. MINNESQTA 55068
c r��i 812-423-441 1
Agenda I tem �a.
'i'O: MFiYOR, CITY COtJ1�TCIL, CITY ADMINISTRRTOR
FROM: DEAN JOF€PTSON, DIRECTOR OF COMMUNITY DEVELOPMENT
DFi�E: JUhE 28, 1990
�U�3: PARKER COMMUNICATIONS INTERIM USE PERMIT '
JULY 3, 1990 CO[TNCIL AGENDA ITEM 5a.
�Lctiaza Recommended:
1) Motion to approve the Interim Use Agr�ement
between Parker Communications, Inc. and the City
of Rosemount and authorizing the r.ecessary
signatures therean.
2) Motion to adopt A RESOLUTION APPROVING AN INTERIM
US� PERMIT FOR THE PARKER COMMUNICATIONS KTCJ-AM
RAIDIO 3�TTENfNF, FROJECT.
This item is a carry-over from the last Regular Council
Meeting. Staff p�eviously submitted and reviewed the
s:zpportive documentation, required in consideration of
issuance of the Interim Use Permit. The only unresolved item
was the final lanc,-uage in the Interim Use Agreement.
Attached are copies of the Interim Use Agreement and
resolution to approve the Interim Use Permit. I would
recommend to Council approval of each document at this time.
� r
INTERIM USE AGREEMENT
THIS AGREEMENT is made as of , 1990, by
and between PARKER CONII�ILJNICATIONS, INC. , a Minnesota corporation
( "Parker" ) , and the CITY OF ROSEMOUNT, a Minnesota municipal
corporation organized under the laws of the State of Minnesota
(the "City„ � ,
RECITAL5
Parker is the buyer of approximately thirty-nine {39 ) acres
of land located in Dakota County, Minnesota, legally
described in Exhibit A attached hereto (the "Property" ) .
Parker desires and intends to imprave the Property by the
construction of an A.M. radio antenna system to serve
Parker`s radio station "KTCJ-AM. " Such antenna system will
consist of four (4) A.M. radio antenna towers of
approximately 356 feet in height, including related
transmitter buildings, maintenance facilities and underground
radial antenna lines (the "Improvements" ) .
The City Council of the City of Rosemount, at its regular
meeting of May 15, 1990, pursuant to Minnesota Statutes,
Section 462 . 3597, approved and adopted Ordinance No. B-4, an
ordinance amending Ordinance B, City of Rosemount Zoning
Ordinance adopted September 19, 1989 , (the "Zoning
Ordinance" ) , to a11ow A.M. radio antennae and supporting
towers and related accessory structures by interim use permit
in the AG Agricultural zoning district on properties situated
in that part of the City of Rosemount, north and east of
State Trunk Highway 5'5 . Ordinance No. B-4 is attached as
Exhibit B hereto.
The City Council of the City of Rosemount, at its regular
meeting of , 1990, pursuant to Sections '
6 . 1, 11 .4 and 14 . 10 of the Zoning Ordinance, approved the
issuance of an interim use permit ( "the IUP" ) to Parker to
allow construction and operation of the Improvements on the
Property. City of Rosemount Resolution No. , an Interim
Use Permit for the Improvements is attached as Exhibit C
hereto.
As of the date of this Agreem8nt, the Property is zoned "AG
Agricultural" under the Zoning Ordinance.
NOW, THEREFORE, in consideration of the mutual covenants
contained herein, the recitals (which are incorporated herein) ,
and other good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, the parties hereto
agree as follows:
1. Interim Use Permit Parker may canstruct, operate and
maintain the Improvements on the Property pursuant to the IUP,
dated , 1990, for the Term of this Agreement
(as defined herein) provided such construction,' operation and
maintenance is in compliance with Ordinance No. B-4, the
standards and conditions of the IUP and this Agreement.
2 . Term Notwithstanding anything in state law or in the
Zoning Ordinance to the contrary, the Term of this Agreement
shall be for twenty (20) years from the date hereof {the "Term" ) .
After the Ten-year Period as defined below, Parker may request
the City to extend the Term of this Agreement for an additional
period not to exceed ten {10) years by submitting a new
application for an IUP to the City. The Term of this Agreement
may, at the option of the City, be extended by the City, without
further action, for the additional period of the new IUP or the
City may require Parker to modify this Agreement, or enter into a
new agreement.
3 . Vested Rights Notwithstanding anythimg in state law or
in the Zoning Ordinance to the contrary, no amendment to the City
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of Rosemount Comprehensive Plan (the "Plan" ) , the Zoning
Ordinance, the City of Rosemount Zoning Map (the "Zoning Map" ) ,
or other official control of the City ( "Official Control" ) (as
defined by Minnesota Statute Section 462 .357, subd. 15) shall
apply to or affect the Property, the number, height and layout of
the Improvements, or any other matters reguired or permitted by
the IUP or this Agreement for ten ( 10) years from the date hereof
(the "Ten-Year Period" ) . By virtue of this provision, the
Improvements are not rendered nonconforming by any change in the
Plan, the Zoning Ordinance, the Zoning Map or an Official Control
adopted during the Ten-Year Period. If the Improvements on the
Property are damaged or destroyed during the Ten-Year Period,
Parker may restore, repair or rebuild the Improvements without
City Council approval according to the requirements of the
approved IUP.
4 . Nonconforming Use Notwithstanding anything in state law
or in the Zoning Ordinance to the contrary, for the balance of
the Term of this Agreement, if the Improvements on the Property
become nonconforming as defined in Section 3.2 of the Zoning
Ordinance because of a change in the Plan, Zoning Ordinance,
Zoning Map or Official Control adopted subsequent to the Ten-
Year Period, they may remain on the Property subject to
compliance with Ordinance No. B-4, the standards and conditions
of the IUP and this Agreement. If they are damaged or destroyed
such that restoration does not exceed fifty percent (50�) of the
Improvements ' assessed value, Parker may restore, repair or
rebuild the Improvements without City Council approval subject to
requirements of the approved IUP in accordance with Section 13.2
of the Zoning Ordinance. However, if after the end of the Ten-
Year Period the Improvements become nonconforming and are damaged
and destroyed such that restoration exceeds fifty percent (50�)
of the Improvements' assessed value, Parker may reapply for a new
IUP to restore, repair or rebuild the Improvements on the
Property and the City shall review and consider Parker's IUP
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application in accordance with the procedures and standards as
set forth in Ordinance No. B-4 and Sections 6. 1(c) , 11.4 and
14. 10 of the Zoning Ordinance as of the date hereof. If the City
issues a new IUP pursuant to this Section 4, the City may request
Parker to modify this Agreement or enter into a new agreement
consistent with the new IUP, which modification or new agreement
shall run for a term of years consistent with the new IUP.
5 . Economic Benefits Parker hereby agrees to provide the
following eeonomic benefits to the City during each year of this
Agreement:
(01) A direct cash payment shall be made to the City's
Economic Development Authority on October 15 of each year,
beginning in 1990, for the Term of the IUP, according to the
following schedule:
Years l-4 . . . $ 2, 620 . 00
Years 5-8 . . . $ 3, 070 . 00
Years 9-12 . . . $ 3,590 .00
Years 13-16 . . $ 4,200.00
Years 17-20 . $ 4, 910 . 00
(02} Real estate taxes due on the Property shall be paid to
Dakota County in accordance with state laws on May 15 and
October 15 of each year as calculated by state and local
officials .
(03} At the City's option, Parker shall construct a
municipal two-way radio communications antenna and feedline
in or on the Improvements at no cost to the City, at the time
of initial construction of the Improvements . The City, or
its designees, shall have access to and free use of the
antenna for the Term. The City may construct at its expense,
upon written consent of Parker, additional communications
antennae for the Term, provided the feedline is in place.
(04) At the City's option, Parker shall produce and
broadcast up to fifteen ( 15) minutes of radio programming per
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week for twenty-six (26) weeks per year (the "Rosemount
Review" ) for the City and/or its designee. The content of
the Rosemount Review shall be left to the discretion of the
City or its designees .
(05) At the City's option, Parker shall broadeast, annually I
up to one hundred ( 100) public service announcements (PS�,$) , �
thirty (30) seconds in length, on behalf af the City or its
designees . The content of the PSAs may include, without
limitation, listings of community events and promotion of the
City's economic development programs . In addition to the
PSAs, Parker shall broadcast "emergency notices, ° such as
school closings and other canceilations.
6 . Restrictions on Use of Property Parker hereby agrees
that approximately one-half of the acreage of the Property shall
be preserved as a wildlife natural habitat area, undisturbed by
development or farming operations during the Term of this
Agreement, except to the extent necessary to maintain and operate
the Improvements . Further, Parker agrees that the heavily wooded
northwest portion of the Property shall not be clearcut to allow
for construction of the Improvements . Parker shall work
cooperatively with the City to develop a mutually acceptable plan
to allow clearance of underbrush and selective cutting of canopy
trees far installation and operation of the Improvements .
7 . Removal of Antenna Towers Parker hereby agrees to remove
the antenna towers within twelve (12 ) months after termination of
the IUP. If Parker fails to comply, the City may remove the
antenna towers and recover its costs from Parker by whatever
legal remedies exist.
8 . Responsibility for Costs Parker hereby agrees to
reir.iburse the City for out of pocket expenses incurred by the
City in the review and issuance of the IUP and the enforcement of
this Agreement, including but not limited to administrative,
planning, engineering and legal fees . -
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9 . Notice Notices given pursuant to this Agreement shall be I
personally delivered or sent by certified mail to the City of
Rosemount, 2875 145th Street West, Rosemount, Minnesota 55068;
and to Parker Communications, Inc. , IDS Center, 28th Floor,
Minneapolis, Minnesota 55402, attentian: Ronald J, Kazda. Al1
notices shall be effective upon receipt.
10 . Ainendments No amendment, change, waiver or modification
of this Agreement shall be binding upon either party unless in
writing and signed by both parties .
11 . Assignment This Agreement may be assigned by the parties
hereto and shall be binding upon and inure to the benefit of the
parties and their respective successors and assigns .
12 . Law Governina This Agreement shall be governed by the
laws of the State of Minnesota.
13 . Recordincr. This Agreement shall run with the subject
land and may be recorded in the Dakota County Recorder' s Office.
IN WI�NESS WHEREOF, the parties hereto have executed this
Agreement as of the date first written above.
PARKER COMMUNICATIONS, INC.
By:
Its :
CITY OF ROSEMOi1NT
By:
Vernon J. Napper, Mayor
By:
Stephan A. Jilk, City Administrator
6 �-
STATE OF MINNESOTA )
) ss .
COUNTY OF DAROTA )
The foregoing instrument was acknowledged before me this
day of , 1990, by the City of
Rosemount, a Minnesota municipal corporation, by Vernon J. Napper,
Mayor and Stephan A. Jilk, City Administrator, on behalf of said :
munieipal corporation.
Natary Public
STATE OF MINNESOTA )
) ss.
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me this
day of , 1990, by Parker Communications,
Inc. , a Minnesota corporation.
Notary Public
THIS INSTRUMENT DR.AFTED BY:
. . . .. � . :r� . .
CITY OF ROSEMOUNT
2875 145TH STREET WEST
ROSEMOUNT, MN 55068
(612) 423-4411
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CITY OF ROSEMOUNT
DAKOTA COUNTY, MINNESOTA
RESOLUTION 1990-
A RESOLUT20N APPROVING AN INTERIM USE PERMIT
FOR THE PARKER CO1�ItJNICATIONS KTCJ-AM RADIO ANTENNA PROJECT
WHEREAS, the City Council did receive an Interim Use Permit
Application for the Parker Communications KTCJ-AM Radio Antenna
Project pertaining to the following legally described propezty:
That part of the East One Third of the East One Half of
the Southeast Quarter of Section 20, Township 115, Range
18 and the West One Half of the Southwest Quarter of
Section 21, Township 115, Range 18, Dakota County,
Minnesota described as �ollows : Commencing at the
southwest corner of said West One Half of the Southwest
Quarter; thence North 0 degrees 21 minutes 08 seconds
West, assumed bearing, along the west line thereof 1978.41
feet to the point of beginning of land to be described;
thence North 89 degrees 44 minutes 25 seconds East 958 . 87
feet; thence South 0 degrees 15 minutes 35 seconds East
950. 00 feet; thence South 89 degrees 44 minutes 25 seconds
West 680. 00 feet; thence South 0 degrees 15 minutes 35
seconds East 750 . 92 feet to the northerly right of way
line of State Highway No. 55; thence North 54 degrees 06
minutes 49 seconds West along said northerly right of way
line 891 . 62 feet to the west line of said East One Third
of the East One Half of the Southeast Quarter, Section 20;
thence North O degrees 15 minutes 35 seconds West along
said west line 1175 . 00 feet to its intersection with a
line bearing South 89 degrees 44 minutes 25 seconds West
from the point of beginning; thence North 89 degrees 44
minutes 25 seconds East 441 . 13 feet to the point of
beginning.
WHEREAS, a public hearing was scheduled according to law and held
on the 19th day of June, 1990 to consider the Parker
Communications KTCJ-AM Radio Antenna Project Interim Use Permit.
NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of
Rosemount hereby approves an Interim Use Permit for the Parker
Communications KTCJ-AM Radio Antenna Project, subject to the
following:
A. platting of the proposed KTCJ-AM Radio Antenna Project site;
and
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B. execution of the KTCJ�AM Radio Antenna Project Interim Use
� Agreement; and
� C. the standards and specificatio�s identified in the Parker
Communications RTCJ-AM Radio Antenna Project - Interim Use
Permit Application dated June 6, 1990 and consisting of the
following documents :
1 . ,7une 6, 1990 letter from Larkin, Hoffman, Daly & Lindgren,
Ltd. to Dean Johnson and Michael Wozniak.
2 . Site plan and elevations of antennae and transmitter
buildings .
3 . United States Geological Survey topographical maps of
site.
4 . May 31, 1990 letter to Ron Kazda from Ernest R. Jones,
Vice President of Engineering, Central Tower, Inc. ,
Newburgh, Indiana, regarding design criteria for the
project.
5. FAA project approval, dated January 24, 1990 .
6. FCC acceptance of filing of FCC construction permit
application, dated Januarg 8, 1990.
AD�PTED this 3rd day of .7uly, 1990 .
Vernon J. Napper, Mayor
ATTEST:
Susan M. Johnson, City Clerk
Motion by: Seconded by:
Voted in favor•
Voted against•
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