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January 4, 2011
A regular meeting of the Scandia City Council was held on the above date. The first order of
business was the swearing in of the newly elected mayor and council members. City
Administrator Anne Hurlburt administered the Oath of Office to Council members Sally
Swanson and James Schneider and Mayor Randall Simonson. MaryLou Simonson presented the
Mayor with a gavel which was used by his Great-Grandfather Joseph Schorr when he served as
the Mayor of North St. Paul from 1931 to 1933.
Mayor Randall Simonson called the meeting to order at 7:10 p.m.
Following the Pledge of Allegiance, roll call was taken. The following council members were
present: Council members Connie Amos, Chris Ness, Jim Schneider, Sally Swanson, and Mayor
Randall Simonson. Staff present: City Administrator Anne Hurlburt, City Attorney Dave Hebert,
Building Official/Public Works Supervisor Steve Thorp, Deputy Clerk Brenda Eklund.
APPROVAL OF AGENDA
Ness, second by Swanson, moved to approve the agenda as presented. The motion carried
5-0.
SET DATES FOR 2011 BOARD OF APPEALS AND EQUALIZATION MEETINGS
Amos, second by Ness, moved to set April 11, 2011 from 5:00 p.m. to 6:00 p.m. as the date
for the 2011 Board of Appeal and Equalization meeting. The motion carried 5-0.
Schneider, second by Amos, moved to set April 19, 2011 at 6:30 p.m. as the continuation
date for the 2011 Board of Appeal and Equalization meeting. The motion carried 5-0.
SET DATES AND AGENDA FOR COUNCIL WORK SESSIONS
Mayor Simonson has requested that the council hold a work session to discuss the city's
snowplow and ice control policy and procedures, and also to review Ordinance No. 91 (council
by-laws and procedures). Swanson, second by Ness, moved to hold a special council meeting
on January 11, 2011 at 6:00 p.m. for the discussion of the snowplow policy and Ordinance
No. 91. The motion carried 5-0.
ADVISORY COMMITTEE AND COMMISSION VACANCIES AND OTHER COUNCIL
APPOINTMENTS
The city began advertising for applicants in November 2010 for those committees which have
terms expiring in February 1, 2011, and for those that have existing vacancies. Several
applications were received by the December 30 deadline. Mayor Simonson directed staff to
continue to advertise with notices on the website and through a press release. It was agreed to
extend the application period to January 14. The council will discuss the process of appointments
at the January 11, 2011 special council workshop meeting.
There is an immediate vacancy on the Forest Lake Cable Commission as former Council
member polores Peterson has resigned. The joint powers agreement requires that an elected
official from Scandia serve on the board. Mayor Simonson offered to fill this position. Ness,
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Scandia City Council
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second by Schneider, moved to appoint Mayor Simonson to serve on the Forest Lake Cable
Commission Board. The motion carried 5-0.
The council recessed at 7:25 p.m.
The Planning Commission meeting was called to order at 7:30 p.m. The following members
were present: Commission Chair Christine Maefsky, Commissioners Tom Krinke, Steve
Philippi, Susan Rodsjo and Peter Schwarz. Staff present: City Planner Sherri Buss, TKDA.
PUBLIC HEARING: ORDINANCE NO. 124 AMENDING DEVELOPMENT CODE,
STANDARDS FOR WIRELESS COMMUNICATION ANTENNAS AND TOWERS IN
THE GENERAL RURAL (GR) DISTRICT. CITY OF SCANDIA,APPLICANT.
City Planner Sherri Buss introduced the recommendation that the Development Code be
amended to appropriately include performance standards for Wireless Communication Antennas
and Towers in the General Rural District. As staff began the review of the AT&T application far
a new cell tower in Scandia, it was discovered that wireless towers are included as an allowed
use in the GR zoning district, but the performance standards for this use were inadvertently left
out of Chapter 2, Section 4.30 (standards for Wireless Communication Antennas and Towers).
Staff proposed a"housekeeping" amendment to the Development Code to include the GR district
in two locations, Paragraph 7(A) and 9(A). In paragraph 9, staff proposed that the GR district be
included with the group of districts that require a five-acre minimum lot size.
Planning Commission Chair Maefsky opened the public hearing for comments on draft
Ordinance No. 124. There were no public comments, and the hearing was closed.
Commissioner Philippi suggested that a minimum lot size of 2%2 acres is too small even in the
Industrial Park (IP) District and the Rural Commercial (R COMM) District, as allowed in
Paragraph 9(A). Planner Buss explained the rationale of infrastructure being more compatible in
the IP and R COMM districts.
Chair Maefsky stated that the commercial districts should not be eliminated because constructing
towers in these districts is less obtrusive to residents.
The Planning Commission recommended to the Council that draft Ordinance No. 124 be
approved as presented.
Amos, second by Ness, moved to approve Ordinance Na 124, Amending Ordinance No.
122, the City of Scandia Development code. The motion carried 5-0.
PUBLIC HEARING: CONDITIONAL USE PERMIT FOR WIRELESS
COMMUNICATION TOWER AT 23877 MANNING TRAIL. AT&T/NEW CINGULAR
WIRELESS,APPLICANT
City Planner Sherri Buss presented the planner's report regarding AT&T's application for a
Conditional Use Permit for the construction of a monopole telecommunications tower and shelter
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at 23877 Manning Trail. The location of the proposed facilities is on property owned by James
and Nancy Beimert, which is approximately 20 acres in size. The property is zoned General
Rural. A map showing the proposed location was viewed. An existing private driveway will be
used to access the tower.
Planner Buss explained that the proposed tower location meets the required setbacks from parks,
the St. Croix River District, and lakes and rivers,but does not meet the '/-mile setback from
County Road 15 (Manning Trail). The ordinance requires that towers within '/-mile of County
Roads demonstrate through visual impact simulation that the tower will be visually
inconspicuous as viewed from the road on a year-round basis. Planner Buss presented the
simulated photos provided by the applicant.
Planner Buss discussed the issue of questioning the environmental and health impacts of cell
towers. Under federal law, potential environmental impacts cannot be used to rule on the
issuance of permits for telecommunication towers. They are classified as "categorically exempt
from review" in regards to requiring an EAW or EIS.
Planner Buss presented draft resolution number O 1-04-11-01 which outlined a number of
conditions that are recommended for approval of the permit. These included requiring that the
tower be light gray in color, screening the compound area with native trees and shrubs, having no
lights or reflectors on the tower, installing a 6-foot chain link fence around the monopole and
shelter structures, and various other conditions.
Planning Commission Chair Maefsky opened the hearing for public comment.
Steve Stulz, representative of AT&T: Mr. Stulz stated that a new tower is needed in order to
provide adequate coverage for cellular services in the northwest Scandia area. The company's
engineers were not able to identify an existing tower for collocation of antennas to provide the
necessary coverage. The proposed site best meets the service needs and regulatory requirements.
Mr. Stulz indicated that the tower design will allow for future co-location of at least three
additional antennas. Although the site does not meet the County Road setback, the proposed
tower will be located in a low point on the property, to best minimize the visual impact. By
positioning the tower to the east (farther from County 15/Manning Trail), it would be at a higher
elevation. In addition, the proposed location is partially screened by trees along County 15.
Council member Ness questioned Mr. Stulz about lowering the height of the tower. Mr. Stulz
replied that perhaps a 10 or 15-foot decrease could be made, but that the effectiveness is greatly
reduced beyond this. It is also more difficult to provide space for future co-locates at a reduced
height. In addition, a slight decrease in height would not greatly affect the visual impact.
Commissioner Krinke asked about the expected service range this tower would provide. Mr.
Stulz answered that coverage of two to four miles is anticipated, with the signal falling off after
two miles.
Adam Nelson, 11051 240`�' Street: Mr. Nelson stated that he is the property owner of the lot
adjacent to the east and is opposed to the construction of a cell tower at this site. Mr. Nelson
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stated that AT&T should instead look into options of co-locating on the electric transmission
lines that run south of the proposed site. Mr. Nelson indicated that he has adequate coverage with
the AT&T service that he currently has, and doesn't see the need for the construction of a new
tower. Mr. Nelson also commented that the site does not meet the County Road setback and
should be denied because of this. Mr. Nelson also noted that residents of Chisago County did not
receive notice of the hearing.
Mayor Simonson asked Mr. Nelson to expand on his comment of the power line option. Mr.
Nelson explained that it is allowable to locate within the easement of a high voltage overhead
transmission line or to locate an antenna on the power poles themselves. The line runs
approximately one mile south of the site.
Planner Buss explained that it is not a variance from the County Road that is being considered,
but a conditional request pertaining to the visual impact.
Mr. Stulz addressed the power line option and concluded that it would not be feasible in this
case. The coverage goals could not be met when co-locating on the transmission poles, or
building a tower within the easement.
Commissioner Rodsjo asked if a landscape plan for screening was submitted. Mr. Stulz replied
that the company will agree to what city staff requires or asks for, rather than submitting an
initial plan and then having to make changes. Condition #7 stated that the compound area be
screened with native trees and shrubs, and that the final landscape plan be approved by the City
Administrator.
Adam Nelson, I1051 240`h Street: Mr. Nelson suggested that the applicant consider the
placement of the tower along a ridgeline approximately one mile straight west of the proposed
site. At a higher elevation, it may be possible to lower the height of the tower.
Rebecca Jones, 11051 240`h Street: Ms. Jones stated that cellular signal strength does not seem to
be a problem with the neighbors she spoke with. She also suggested that the company research
alternate locations at which to construct the tower which would have less impact to residents.
Commissioner Krinke questioned Mr. Stulz regarding the need to provide coverage in this
particular area. Mr. Stulz responded that extensive research for cell tower placement is done
based on customer complaints, usage, future growth, feasibility and many additional factors. It is
not practical to survey the individual needs of customers. Mr. Stulz stated that the application
presented is the best plan to meet the zoning code.
Chair Maefsky closed the public hearing at 8:40 p.m.
Commissioner Schwarz asked City Attorney Hebert if the permit for the tower could be legally
denied. Attorney Hebert replied that if the application meets the code requirements and is as
visually inconspicuous as possible, it would be very difficult to deny. Findings to deny the
permit would have to be very strong to hold up in court.
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Commission Chair Maefsky questioned the possibility of the 20-acre parcel being divided in the
future. Administrator Hurlburt stated that conditions addressing the setbacks and 5-acre
minimum requirements would be added to the permit to ensure that these critical requirements
are met if the land is subdivided in the future.
Commissioner Krinke stated that the plans do not show evidence of the tower being visually
inconspicuous.
Commissioner Rodsjo addressed the view of the proposed tower from the roadways. Rodsjo
stated that there is no screening along 240th Street and suggested that the applicant provide a plan
for the addition of trees along the property lines, which could limit the view of the first 30 to 40
feet of the tower. Rodsjo suggested that action on the application be postponed until a landscape
plan can be reviewed and a visual simulation showing the screening be provided by the
applicant.
Mr. Stulz replied that photo simulations could be provided by the date of the next Planning
Commission meeting (February 1, 2011). Regarding the request to locate the building site further
from County Road I 5, Mr. Stulz stated that this placement would result in more visibility of the
tower. The proposed site has natural screening and is a lower elevation than moving east towards
the center of the field where the elevation is twenty feet higher. The landowners have offered to
be open to any screening proposed along property lines.
City Administrator advised that the application may be extended an additional 60 days beyond
the February l 1 review period deadline to allow sufficient time for the applicant to provide the
requested information.
Commission Chair Maefsky agreed that a postponement would be favorable. It would allow the
city to provide notice of the application to residents north of the county line.
The Planning Commission approved a motion to postpone action on the hearing to February 1,
2011 and to request that the applicant provide the following: 1) A site plan and photo simulations
showing the tower meeting all setback requirements along with proposed screening; and 2) Photo
simulations of views showing screening along the 240th Street and Manning Trail roadways and
views of screening along neighboring property lines.
REQUEST FOR FUTURE AGENDA ITEM,DAN WILLIUS
Dan Willius, 23577 Quentin Avenue, addressed the Commission and Council with a request that
they schedule time at a future meeting to view a video by the Conservation Fund, "The Dollars
and Sense of Preserving Community Character". Mr. Willius felt it would provide valuable
information to the Commission and Council in their decision making. The date of January 25,
2011 at 6:30 p.m. was selected for a joint meeting of the Planning Commission and City Council
to view the video.
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ADJOURNMENT
Ness, second by Schneider, moved to adjourn the meeting. The motion carried 5-0.
The meeting adjourned at 9:28 p.m.
Respectfully submitted,
Brenda Eklund
Deputy Clerk