City planning board recommends denial of cell tower in Dudley Anderson Park

The city planning board/zoning commission voted unanimously during its Sept. 23 meeting to recommend denial of a conditional use permit for Verizon Wireless to construct a “concealed telecommunication facility” within Dudley Anderson Park.

The permit request next goes to the City Commission for consideration.

The park is located at 701 33rd S. S. is about six acres with the recently rehabilitated water tank behind Fuddruckers and the U.S. Post Office.

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Verizon is proposing to install a 60-foot “monopine,” which is a telecommunications tower designed to resemble a pine tree, on the north end of the park.

Staff recommended approval of the permit.

The project includes moving an existing concrete pad, constructing a 15-foot paved driveway and constructing a sectured 45-foot by 35-foot fenced area within which Verizon will house ground support equipment including a backup generator, fuel storage tank, electrical meters, utility mounting structures and a walk-in enclosure for telecommunications hardware, according to the city staff report.

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Verizon previously had wireless antennas on the water tank that were installed in 2010, but had to be removed in 2024 for the tank rehabilitation project.

Verizon has had a “cell on wheels” temporary device in the park to maintain cell service, according to the staff report.

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In their permit application, Verizon wrote that the proposed monopine is “intended as a permanent solution to meet emergency communication requirements, comply with FCC regulations, and support ongoing customer service needs in the area,” according to the staff report.

Since it’s parkland, the proposed facility requires a conditional use permit under city zoning regulations.

As proposed, staff are recommending conditions limiting the height to 60-feet, requiring a separate height variance approval, a formal lease agreement with the city before building permits are issued, design restrictions and the secure fence.

The proposed lease agreement is for five years for $30,000 in the first year.

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The lease allows for two automatic five-year extensions unless Verizon gives written notice to terminate at least three months prior to the end of the term.

The rent payment for the second year, and each year thereafter, including any and all extension terms, is 103 percent of the preceding year.

The Park and Recreation Advisory Board reviewed the request in March and April, initially asking Verizon to find an alternative location in the nearby commercial district or a less visible area within the park.

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In April, Verizon told the board that the intended coverage area is the residential district north of the park and moving the tower father south to the commercial area of 10th Avenue South would compromise the coverage and require a 100-foot structure.

At that meeting, the park board recommended approval of the monopine on the north side of the park with a 60-foot height restriction.

Neighborhood Council 9 considered the proposal in April, but tabled it pending receipt of a rendering, findings from the park board and due to low public attendance.

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Council members told staff that they knocked on residents’ doors to share information and get feedback about the proposed monopine.

In May, the council voted to recommend approval of the project.

City staff mailed notices of the Sept. 23 planning board meeting to property owners within 300 feed of the park, greater than the code required 150 feet.

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During the Sept. 23 planning board meeting, several area residents voiced concerns and opposition to the cell tower installation as proposed.

Tanner Ostrom, representing Verizon, said that the company considered several other locations in the area, but they didn’t the needs of providing cell coverage for the area due to heights, roof types or were too far from the coverage area. He said Verizon has similar concealed towers statewide, on private and public property, including in some public parks.

Pete Kelville lives across from the park and said that its hilly and the location proposed for the Verizon tower and associated equipment is the only flat section of the park and it gets continual use.

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The existing concrete pad there is the former splash pad and he said kids use that area to ride skateboards and bikes and the grassy area is used for sports practices and general outdoor activities.

There’s no alternative place for those activities, he said, and the proposed tower would eliminate that recreation space for the neighborhood.

“From a useage perspective, this is completely different” than how it was used before, Kelville said, of the previous tower that was affixed to the existing water tank.

The temporary cell tower is tall, but was located closed to the water tower, so there’s no dramastic visual effect.

“This is going to be dramatically different, in no way is it similar” to the previous use, Kelville said, with only Verizon benefiting from the tower.

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He said he was also disappointed in the way the proposal was handled by the city and that the neighborhood didn’t know about the proposal until mid-August when a sign was posted in the neighborhood about the Sept. 23 planning board meeting.

Celine Thomas has lived near the park for 34 years and said it’s had longtime residents who have died or moved out of their homes, bringing in younger families who use the park more heavily.

“You’re cutting the park in half is what you’re doing,” she said of the proposal.

Julie Essex, vice board chair, said the starting lease rate of $30,000 “seems kinda cheap” and that she didn’t see anything in the documents about increasing the lease.

The proposed lease agreement that was part of the board packet includes a provision for an annual rate increase.

Those funds go into the Park and Recreation department budget.

Rachel Taylor, deputy city attorney, said city staff worked with a consultant who works with Verizon often to establish the proposed lease rate, based on other leases in the area.

Lonnie Hill, deputy city planning director, said that the public works department isn’t sure of the lifespan of the water tank in the park, that was recently rehabilitated for about $2.8 million and staff said should extend its lifespan 10-20 years.

Since staff isn’t sure how long the tank will last, public works staff didn’t want to take up land close to it for the cell tower in case a future tank replacement is needed.

Hill said that to prepare for the tank rehabilitation, the city had to get all the leased property off of it, which was more work than the revenue those leases were generating, so public works made a policy to no longer affix private/leased towers or equipment to public water towers.

There’s a current short-term lease for the temporary mobile cell tower that Verizon currently has in the park, for a lower lease rate, Taylor said.

Joe McMillen, planning board member, said that the proposed spot in the park is prime real estate and for $30,000 annually, “no way.”

He said that Verizon is a good company, but thought they could make a better proposal.

David Cantley, planning board member and an architect, said “I think it’s a heinous thing to approve it at the location proposed,” and it would set a dangerous precedent that private business interests override neighborhood needs and concerns.

Cantley suggested that Verizon revert to their other option of the 100-foot tower on the southern side of the park.

Michael Gorecki said “our parks are sacred and to me there’s nothing more important than parks and open space in our community.”

He said the proposal would detrimentally affect the park and other options should be considered.

Jim Wingerter, planning board member and manager of the Montana Department of Transportation’s Great Falls office, said that he wasn’t sure Verizon had done its due diligence in looking at alternative locations.