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PL 12/03/1997 - 30852� CITY OF FRIDLEY PLANNING CONIlylIS3ION MEETING, DECII�ER 3, 1997 CALL TO ORDER• Chairperson Savage called the December 3, 1997 Planning Commission meeting to order at 7:30 p.m. ROLL CALL• Members Present: Diane Savage, Dave Kondrick, LeRoy Oquist, Dean Saba, Brad Sielaff, Connie Modig, Larry Kuechle Members Absent: None Others Present: Scott Hickok, Planning Coordinator Michele McPherson, Planning Assistant Anthony Segale, U. S. West Communications Richard & Candice Weispfenning, 1310 - 69th Avenue NE, Fridley ....• • • i. . .. . ��!�--_ • 1� ^, OM TION by Mr. Kondrick, seconded by Mr. Oquist, to approve the November 19, 1997, Planning Commission minutes as written. . IIPON A VOICL VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DLCLARSD THE MOTION CARRIED ONANIMOUSLY. 1. PUBLIC HEARING: CONSIDERATION OF A ZONING TEST AMENDMENT�, ZTA #97-04. BY THE CITY OF FRIDLEY: To amend Appendix A of Section 205.29 of the Fridley Zoning Code, to designate seven sites as "Approved Sites" for telecommunication towers or antennas on existing buildings. The following properties are currently being considered for wireless communication facilities: • Onan Corporation (Tract C, Registered Land Survey No. 114, subject to easements of record.) • All Temp Storage (Lot 1, Auditor's Subdivision No. 78, together with that part of Lot 2 of said Auditor's Subdivision, lying southerly of I-694, except that part of said lots lying southwesterly of the following described line: Commencing at the southeast corner of the South 660 feet of the West 300 feet of said Lot 1, thence westerly along the south line of said Lot 1, 60.30 feet to the point of beginning, thence ^ northwesterly to a point on the north line of said South 660 feet of the West 300 feet, 154.54 feet west of the northeast corner thereof, thence west along the ^ PLANNING CONIl�lISSION MEETING, DECEN�ER 3, 1997 PAGE 2 said north line to a point 101.35 feet east of the northwest corner of the said South 660 feet of the West 300 feet, thence northwesterly to a point on the west line of said Lot 2, 710.40 feet northerly of said northwest corner (as measured along the west line of said Lot 1 and 2), and there terminating, subject to easements of record.) • Agro-K (East 1/2 of the Northeast 1/4 of the Southeast 1/4 of Section 3, Township 30, Range 24, except the South 805 feet thereof.) • FMC Water Tower (Auditor's Subdivision No. 79, being parts of Lots 7 and 8.) • Parson's Electric (North 1/2 of Lot 5, as measured along the east and west lines thereof, and the South 200 feet of the East 363 feet of Lot 6, as measured along the east and south lines thereof, all in Auditor's Subdivision No. 78, Anoka County, Minnesota, subject to easements.) ^ � City-owned property lying between the Burlington Northern Railroad and Hickory Street, immediately south of Springbrook Nature Center (The Northerly 135 feet of that part of the Southwest 1/4 of the Northeast 1/4 lying east of Burlington Northern Railroad right-of- way, subject to easements of record.) • City-owned right-of-way south of I-694 and adjacent to Lot 30, Block 10, Hamilton Addition to Mechanicsville. OM TION by Mr. Kondrick, seconded by Mr. Sielaff, to waive the reading of the public hearing notice and to open the public hearing. IIPON A VOICL VOTE, ALL VOTING AYB, CHAIRPERSON SAVAGE DECLARI�D THE MOTION CARRIED AND TH8 P�BLIC I�ARING OP�1' AT 7:33 P.M. Mr. Hickok stated, in 1996, the Federal government passed an act which means that communities throughout the nation will now be seeing telecommunications equipment, towers and facilities installed in their communities. In the City of Fridley for the last year we have had a moratorium to study where it is we want those towers and analyzing the number of towers and sites that would be necessary. We now have an ordinance that will help to regulate the performance standards, bring forth the expectations of the City as telecommunications equipment and facilities are � installed, and help with the deployment of the equipment. For those in the telecommunications industry, sites have been selected ^ PLANNING CONIl�lISSION MEETING, DECII��ER 3, 1997 PAGE 3 and will be open for their installations. Mr. Hickok stated, as the ordinance was passed, seven sites were indicated, including Community Park, the recycling center, the water tower near Highway 65, Edgewater Park, the water tower at Commons Park, well house #13 at 51st and East River Road, and the water tower off Matterhorn Drive. In addition, we have existing facilities off Alden Way on the St. Paul Waterworks surge tower along the Mississippi River, on the McGlynn's tower, and south of I-694 between Aramark and Wick's Furniture. Mr. Hickok stated the tower you might expect to see on these selected sites could be a monopole structure with equipment installed on that monopole. These monopoles are engineered to withstand winds in excess of 100 miles an hour, to be co-location facilities, and to provide for additional arrays of equipment. In some cases, equipment needs to be located in a small building which is located at the base of the structure. Mr. Hickok stated, as the consultant and staff analyzed this further from a technical and legal perspective, it was made clear that we should look for further deployment beyond the original � seven sites. The additional sites include Onan Corporation at ` Central Avenue and 73rd Avenue, All Temp Storage at Main Street south of I-694, Agro-K at Main Street and 81st Avenue, FMC south of I-694 on East River Road, Parson's Electric on Main Street south of 61st Avenue, city-owned property at the southwest corner of Springbrook Nature Center, and city-owned property south of I- 694 between 5th and 6th Streets. Mr. Hickok stated the Parks and Recreation Commission discussed the Springbrook Nature Center option and tabled it for further discussion. He understands that Jack Kirk, Director of Recreation and Natural Resources, did ask for opinions to get a sense as to whether or not that site would be an appropriate site. An informal consensus of the Parks and Recreation Commission was that this would not be an appropriate site. The Parks and Recreation Commission will discuss this at their January meeting. Mr. Hickok stated staff is asking for a recommendation from the Planning Commission to amend Appendix A to include six of the seven additional sites, eliminating the Springbrook Nature Center site. This item will then go to the City Council on January 5 for its first reading, and for a second reading on January 26. Mr. Kondrick stated the Parks and Recreation Commission decided to table this item because they needed more information. They were against the tower because of visual concerns. In addition, there �"'� is a site on 81st and Main Street (Agro-K) which is very close so they questioned the need for another site in that immediate area. � � � PLANNING CO1�Il�lISSION MEETING, DECII��ER 3, 1997 PAGE 4 In addition, they questioned why a facility could not be placed on the NSP towers that are already there. They did not know the consequences of doing that. They did not want a tower on park property. Ms. Savage stated it appears that staff has recommended this site be eliminated. There are currently seven sitea that have been approved and staff is saying it is necessary to have seven additional sites of which we are considering six. Will six sites be sufficient? Mr. Hickok stated the technology is changing. The industry is moving towards microcell technology as opposed to the larger scale macro technology. As we move forward and see the industry changing, we will move beyond the 13 sites to a smaller scale, different looking structures or facilities than what we are seeing today. For this phase and in order to meet the deployment needs of the industry, 13 sites are deemed necessary. We do have 13 without the Springbrook site. Ms. Savage asked if staff had received any additional responses from any of the site owners since the staff report was written. Mr. Hickok stated Mr. Nelson, Onan, was interested in the discussion although he did not know a lot about the industry or what it meant for their site. One of his concerns was the land under the guidewires and that land being unusable. Mr. Hickok explained to him that the City is looking at the monopole which minimizes the land area of a site. Mr. Nelson attended the City Council meeting to understand more about the industry. At the time of that meeting, Mr. Nelson was uncertain as to whether the corporation was in favor or opposed. Mr. Hickok stated Mr. Holman, All Temp Storage, wrote to let staff know that he had no objection and that he hoped they would be approved so they could negotiate with telecommunications carriers. Mr. Hickok stated staff did not receive a response from Agro-K. Mr. Hickok stated Mr. Van Keuren stated the FMC water tower is U.S. Navy property and would take review by the appropriate officials. The paperwork has been forwarded to those officials, and city staff is waiting to hear on that site. Mr. Hickok stated staff received no response from Parson's Electric. Mr. Hickok stated the city-owned site at Springbrook Nature Center was discussed and this site is recommended to eliminated from consideration. � � PLANNING COI�IISSION MEETING, DECEN�ER 3, 1997 PAGE 5 Mr. Hickok stated Ms. Skarrie, owner of an apartment complex south of the city-owned parcel between 5th and 6th Streets, questioned the aeathetic impact. She is interested in approaching the City about a subdivision at a later time for a piece of the southern edge of this property to allow the appropriate setback for an existing garage. If Ms. Skarrie's request does come in and because this is considered as a telecommunications site, the City would seek to have equipment installed so that, in the event the Planning Commission or City Council felt it appropriate to separate that small piece of property, it could be done while still allowing that telecommunication facility. Mr. Sielaff asked why they should approve those sites which the owners have not responded. Mr. Hickok stated the ordinance itself is an overlay zone for the City. Those properties were involved at the time this overlay was created. We are looking at a deployment service to the community, and it impacts these sites. This is their opportunity to come forward. The owners were duly notified. Mr. Sielaff asked if no response means the owners have given up their right to object. Mr. Hickok stated, if the two owners not responding are not present and the ordinance passes, the next thing to happen on the private sites would be private party discussion about location, building design, etc. With their site being identified, it narrows the search area for the industry representatives. That means they can approach these owners about their site. Mr. Sielaff asked, if these sites are approved, can the owners object to it later. Mr. Oquist stated the owners have had an opportunity. They were notified and there was no response. Mr. Kuechle stated, if the owner decides they do not want a tower on their site, they still have the right to say no to the industry. Mr. Hickok stated he would presume there will be some negotiations between the owners and the industry. Mr. Saba asked if this was a good faith effort by the City to provide an overlay for sites. �"'� Mr. Hickok stated this was correct. � PLANNING CO1�Il�IISSION MEETING, DECII��ER 3, 1997 PAGE 6 Ms. Savage asked if this ends up being a contract that has to be signed by the City and the property owner. Mr. Hickok stated there is a contract between the vendor and the owner. The contract is very much like a special use permit with its own set of stipulations with performance standards and characteristics for the site. Mr. Sielaff asked why the City came out with six additional sites. Mr. Hickok stated staff was originally looking at co-location and thought seven sites were appropriate. Staff wanted to make certain we had deployment or coverage of the City. If asked whether we had been reasonable in our expectations, we would be able to respond yes. With only City-owned sites, our legal advisor said we may be setting ourselves up for a lot of criticism and debate. With a mix of public and private sites available, it helps with deployment and heads off a later argument. Mr. Hickok stated the ordinance talks about special use permit opportunities in the industrial districts for sites that are not currently designated. The Planning Commission may see requests ^ coming forward. Staff has tried to determine ahead of time how much is necessary in terms of land area and site locations. We also believe it is helpful to the industry because it is easier for them as well. Mr. Sielaff asked if it is anticipated that this is the last time they would amend the ordinance as far as specific locations. Mr. Hickok stated, with technology changes and more but smaller sites, he thought the Commission would be revisiting this item again. Ms. Modig asked, if we get a response for example from FMC that indicates they do not want to be considered, would that eliminate them from the sites and would we then have to designate another site. Mr. Hickok stated what may then happen is that well house #13 may be designed to carry additional facilities in order to provide coverage for that area. Ms. Modig asked if the contract for these private sites is between the carriers and the property owners. Mr. Hickok stated yes. The performance standards of the City would apply to those contracts. � Mr. Sielaff asked if surrounding cities had ordinances. � PLANNING COI�lISSION MEETING, DECII�ER 3, 1997 PAGE 7 Mr. Hickok stated many surrounding communities have moratoriums. Coon Rapids has permitted towers because towers were not clearly prohibited, nor described in their ordinance. Hilltop is in a moratorium. New Brighton is looking at an ordinance. Mr. Sielaff asked if they were informed about the ordinance for the City of Fridley. One of the issues is the placement of the towers near the boundaries which can affect Fridley. Is that taken into account? Mr. Hickok stated staff have been in touch with staff in other communities and share the same concerns about visual impacts, etc. Unfortunately, we do not have a regional approach. It would have been better to do it that way, but this is being done independently. Each City is defining their own parameters. Mr. Weispfenning stated he came for information on what the proposed ordinance is like and he had two concerns. First, on the Onan site, is there language in the ordinance that would have some limiting power by the City in dealings between telecommunication companies and the property owners for things like height, density, placement of the towers, etc.? The Onan site has several acres �� and he has not heard there is the possibility of uses such as that. He does not want Onan to become an "antenna farm". Some discussion had occurred regarding using the transmission towers of NSP. He understood there was a representative from U.S. West here and asked their knowledge of using existing towers and supports for wireless communications. Mr. Hickok stated he would send Mr. Weispfenning a copy of the ordinance. The ordinance regulates the height, location, characteristics about the installation, etc. In putting together the ordinance, staff worked to try to create a set of standards that would make the visual impact minimal to adjacent properties. Maximum height in 125 feet. Onan expressed concerns about guidewires. In this case, we are talking about a monopole which minimizes the impact and the land area used. Mr. Weispfenning asked if technology was used for placement of the towers. Is one tower capable of being shared in order to minimize the number of structures and still provide coverage? Is it possible to have more than one standard on a site? Mr. Hickok stated co-location or more than one user on a pole does occur. The idea is that these sites will be used to their fullest potential to provide coverage for the industry but to avoid an "antenna farm". The technology is here to consolidate uses. As � far as having the technology know-how, we did not have the full capability to analyze this. The City hired the best consultant in � PLANNING COI�ISSION N�ETING, DECEI�ER 3, 1997 PAGE 8 the industry to analyze the issues and to make sure we are being realistic in our locations and numbers. Ms. Savage asked if there would be more than one tower on a site. Mr. Hickok stated that is possible. Each site has its own difficulties. There are physical things that make it necessary to put the structures together and to make them as invisible as possible. They must be near power, placed where they do not interfere with traffic circulation or become a detriment to existing vegetation. Onan, for example, has a large area and one might assume there is room for many towers. However, when you consider the parking needs, the existing building footprint, and small ancillary generator uses, etc., there is not a lot of room left for these things to happen. Mr. Oquist stated we have identified 13 sites, and this does not guarantee there will be a tower on every site. We are trying to be proactive and identify the sites where we want towers placed. Without identified sites, vendors can negotiate and place towers anywhere. Federal law also says we have to make this available. There is the possibility of putting more than one tower on a site. ^ Ideally, there would be one tower which would be shared. There is no guarantee of that either. We are trying to be proactive to identify sites but we don't have a lot of say about how it will be done. He have tried to get as much control over what happens in our community regarding these towers as we are allowed. He thought this was a good ordinance for that reason. Mr. Weispfenning stated he had not heard what the status is for the Onan property and the fact that they excavated for contaminated soil. Is that site a prime location for a tower? Mr. Hickok stated he would say no. He thought this would be the least likely location because of the distance from power and the soil conditions. This area has been far too disturbed. The soil conditions need to be very good to hold the tower upright. Mr. Hickok stated, from the original seven site perspective, staff looked at the ability to have the land area for the structure to make them work, to be reasonable in our expectations and to separate uses. We do not have a lot of sites that have that land area ability and characteristics that they were looking at. Mr. Segale stated he has worked with staff and the consultant over the last year. He complimented them on their due diligence. Regarding Parson's Electric, U.S. West has had some contact with them, and they have shown an interest. As far as their no � response to staff, it may just be an oversight. They have looked in the area and, as you may know, they are in the process of �...� PLANNING CONIl�SSION MEETING DECII�ER 3, 1997 PAGE 9 building their service now. The two locations U.S. West is looking at is Parson's Electric and the water tower. Mr. Segale stated, regarding the transmission facilities, U.S. West along with other carriers have a master use agreement that allows them to go on the transmission facilities. U.S. West has written an individual agreement that says we can go on their facilities in the metropolitan area. He believed there were 15 locations where they may be placing antenna. When you are up there, you barely see the antenna and base equipment. We have been in moratorium for a considerable amount of time. Staff has done an excellent job. There is room in the future to look at some of those transmission facilities. They do not fit the need of U.S. West today. In the future, he would encourage existing structures like NSP's to be considered. Mr. Kuechle asked, with the current technology, what kind of spacing is required. Mr. Segale stated this depends on the density of population and traffic flow. U.S. West is looking at a little different strategy than phone carriers. They are looking at it as also residential ,.� service. For the area of Fridley, they are looking at approximately 1 to 1.5 miles apart. In the country, the spacing may be 5 miles apart. Mr. Kuechle asked if Mr. Segale saw this as staying the same for PCS. Mr. Segale stated U.S. West is now providing PCS technology. TION by Mr. Saba, seconded by Mr. Oquist, to close the public hearing. UPON A VOICT VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGL DECLARED THE MOTION CARRIID �iND THE P'UBLIC I�ARING CLOSSD AT 8:14 P.M. Ms. Savage stated she thought it was clear that six sites are being considered. The seventh site at Springbrook Nature Center is being eliminated from consideration. OM TION by Mr. Kondrick, seconded by Mr. Saba, to recommend approval of a Zoning Text Amendment, ZTA #97-04, by the City of Fridley, to amend Appendix A of Section 205.29 of the Fridley Zoning Code, to designate six sites as "Approved Sites" for telecommunication towers or antennas on existing buildinge. The following properties are currently being considered for wireless communication facilities: • Onan Corporation (Tract C, Registered Land Survey No. �� �� PLANNING COI�lISSION MEETING, DECII�ER 3, 1997 PAGE 10 114, subject to easements of record.) • All Temp Storage (Lot 1, Auditor's Subdivision No. 78, together with that part of Lot 2 of said Auditor's Subdivision, lying southerly of I-694, except that part of said lots lying southwesterly of the following described line: Commencing at the southeast corner of the South 660 feet of the West 300 feet of said Lot 1, thence westerly along the south line of said Lot 1, 60.30 feet to the point of beginning, thence northwesterly to a point on the north line of said South 660 feet of the West 300 feet, 154.54 feet west of the northeast corner thereof, thence west along the said north line to a point 101.35 feet east of the northwest corner of the said South 660 feet of the West 300 feet, thence northwesterly to a point on the west line of said Lot 2, 710.40 feet northerly of said northwest corner (as measured along the west line of said Lot 1 and 2), and there terminating, subject to easements of record.) �� Agro-K (East 1/2 of the Northeast 1/4 of the Southeast 1/4 of Section 3, Township 30, Range 24, except the South 805 feet thereof.) FMC Water Tower (Auditor's Subdivision No. 79, being parts of Lots 7 and 8.) • Parson's Electric (North 1/2 of Lot 5, as measured along the east and west lines thereof, and the South 200 feet of the East 363 feet of Lot 6, as measured along the east and south lines thereof, all in Auditor's Subdivision No. 78, Anoka County, Minnesota, subject to easements.) • City-owned right-of-way south of I-694 and adjacent to Lot 30, Block 10, Hamilton Addition to Mechanicsville. IIPON A VOICL VOTL, ALL VOTING AYL, CHAIRPERSON SAVAGL DECLARED THE MOTION CARRIED UNAWIMOIISLY. 2. APPROVE PROPOSED 1998 MEETING DATES OM TION by Ms. Modig, seconded by Mr. Saba, to approve the 1998 meeting dates as follows: January 7 July 1 January 21 July 15 ,^ February 4 August 5 February 18 August 19 � � � �� PLANNING CO�SSION MEETING, DECII��ER 3, 1997 PAGE 11 March 4 March 18 April 1 April 15 May 6 May 20 June 3 June 17 September 2 September 16 October 7 October 21 November 4 November 18 December 2 December 16 UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIID 'aNArTIMO'USLY . 3. OTHER BUSINESS Mr. Hickok stated Ms. McPherson has accepted a position as city planner with the City of South St. Paul. Her last day with the City of Fridley is December 5. The Planning Commission commended Ms. McPherson for her years of service with the City and with the Planning Commission, and wished her well in her new position. ADJOURNMENT OM TION by Mr. Kondrick, seconded by Mr. Oquist, to adjourn the meeting. UPON A VOICE VOTE, ALL VOTING AYL, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THS DisC�LR 3, 1997, PLANNING CONII�RISSION MEBTING ADJOURNBD AT 8:20 P.M. Respectfully submitted, �. � � •� Lavonn Cooper Recording Secretary �"� � � Name and Address �C CITY OF FRIDLEY SIGN-IN SHEET PLANNING COMMISSION MEETING December 3, 1997 Agenda Item of Interest � � ��z l � /3/� ����� �P ,� � /�«��ur���s ����� �� �0 dj ���'/�%iv 1 � : ���