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2010.09.13 PC Meeting MinutesUNAPPROVED MINUTES OF SEPTEMBER 13, 2010 PLANNING COMMISSION MEETING Page 1 of 5 J:\PLANNING\Planning Commission\2010 and earlier\2010\09.13\minutes.doc CRYSTAL PLANNING COMMISSION MINUTES September 13, 2010 Council Chambers, Crystal City Hall A. CALL TO ORDER The regular meeting of the Crystal Planning Commission convened at 7:00 p.m. with the following members present: X Commissioner (Ward 1) Sears X Commissioner (Ward 2) Whitenack UNAPPROVED MINUTES OF SEPTEMBER 13, 2010 PLANNING COMMISSION MEETING Page 2 of 5 J:\PLANNING\Planning Commission\2010 and earlier\2010\09.13\minutes.doc inside the tower at approximately 75 feet. The additional user could be a cell phone company. Crystal citizen, Jim Lutgen, addressed the commission. He asked the following questions: 1) Would there be any flashing lights on the monopole? 2) Are there alternative sites that may be considered? 3) How does Cub benefit and does the neighborhood benefit from the installation of the tower? Mr. Sutter addressed Mr. Lutgen’s first two concerns; 1) The plans provided do not indicate lights on top of the pole; 2) The only other site that was considered was on the smoke stack of Robbinsdale Middle School, as there are no other large commercial sites within the coverage gap area. Crystal Care Center is the only other site that would be in the gap area. While it has residential characteristics, as an institutional use, it is potentially available under our ordinance for a possible tower location. Chair VonRueden commented on Mr. Lutgen’s third question regarding how Cub benefits. He acknowledged there is, no doubt, a financial agreement that is between the two private parties. Bonnie Swanson, Crystal resident of 44 years, addressed the commission. She expressed her concerns of the safety of the tower and asked that Clearwire and the use of the tower be clarified. Commissioner VonRueden stated that Clearwire is a wireless internet company. Mr. Sutter explained the Federal Telecommunications Act preempts any local consideration of health effects from electromagnetic radiation. The city regulates the land use and cannot consider health effects in determining whether a tower is appropriate for a particular site. The Federal Government has control of this issue and city government does not have authority to regulate. The engineering firm did include a radiation analysis in their report indicating the maximum level of radiation reaching ground level at the tower base would be less than 13% of the safety standards. Ms. Swanson asked if residents would have to use Clearwire. Mr. Sutter stated that citizens would not be required to subscribe to the service. Mr. Viera confirmed the wireless internet service would have a monthly subscription fee. Commissioner Whitenack asked Mr. Viera to speak to the difference between wireless internet and cell phone signals. Mr. Viera described wireless internet signal as being a lower powered high frequency signal that does not emit as much radiation as cell phone signals. He also noted the antennas within the tower will be directed up toward the horizon, not toward the ground. He also stated that Clearwire is a FCC licensed entity that abides by all FCC’s regulations. UNAPPROVED MINUTES OF SEPTEMBER 13, 2010 PLANNING COMMISSION MEETING Page 3 of 5 J:\PLANNING\Planning Commission\2010 and earlier\2010\09.13\minutes.doc Crystal citizen, Frank Weber, addressed the commission. He described the health related reasons why he feels the commission should recommend denial of this CUP application to the City Council. Mr. Elwood Swanson expressed his agreement with Mr. Weber. Mr. Lutgen addressed the commission. He asked if wireless internet is the only use for this tower and in the future would additions be made to the top of the tower. Mr. Sutter explained that the proposed tower is the maximum height of 82.5 feet allowed by the current code. Should the city code change in the future, that maximum height could potentially change. City ordinance encourages co- location of providers on towers in an effort to minimize the number of towers within the city. By federal law the city cannot stop a provider from providing service and cannot use local land use regulations to prevent someone from providing coverage. Crystal city code requires that companies first look at whether there is a tower already in place that the provider would be able to co- locate on. Only if there is not one in the coverage gap area, can they look to install a new tower. It would be likely that another provider would be added to this tower. Commissioner VonRueden asked if a second provider were added to this tower, would the second provider have to go through this same process. Mr. Sutter explained that if this CUP is granted, only a building permit would be required for the addition of a second provider. Mr. Viera acknowledged that the tower will be built to accommodate another user. Mr. Lutgen asked if there is currently wireless internet available in the neighborhood. Mr. Viera stated Clearwire will be the first to offer wireless service in this area. Commissioner Erickson asked if the service provided will be 3G or 4G. Mr. Viera said that Clearwire, a spinoff of Sprint, will be the first to offer the 4G service in the area. Nancy Narr addressed the commission. She stated citizens of Crystal can get the internet via Comcast and there is no certainty of the success of the marketing of this service. She expressed her concerns about the radiation related health effects of the tower. She asked the commission to recommend denial of this application. Mr. Lutgen expressed his agreement with Ms. Narr. Mary Weber acknowledged the commission’s work on the telecommunications tower issue since 2008. She stated last July Mr. Sutter stated that the city council voted 6-1 to adopt the base-line option for the city code for UNAPPROVED MINUTES OF SEPTEMBER 13, 2010 PLANNING COMMISSION MEETING Page 4 of 5 J:\PLANNING\Planning Commission\2010 and earlier\2010\09.13\minutes.doc telecommunications towers, which only allows for towers in some commercial and light industrial areas. Then at the city attorney’s suggestion and in Ms. Weber’s opinion, possibly pressure from T-Mobile who wanted to put up towers, they had a work session on August 18 to further discuss. After further discussion, the city attorney suggested that he knew someone who could do a “gap in service study” for the city. The council agreed to have the attorney contract with a qualified person since they did not know of one. Ms. Weber stated that the engineer who was consulted and paid did not do an actual gap study, he studied all of the options that were on the table before the council. On Dec 1, 2009, the city council, who had voted 6-1 on the baseline, now voted 4-3, for an updated Option 2, which allows these towers in many locations in Crystal with certain restrictions and prohibits them from parks and schools. She expressed her concern over the possible consideration of a tower being located on the smoke stack of Robbinsdale Middle School. Since this CUP is for a tower to be located at Cub, which is in a residential neighborhood, with Robbinsdale Middle School across the street, she expressed her concern for the health of the neighborhood, school, Cub employees and Cub shoppers. She also expressed concern that no further CUP would be needed if additional users were added to the tower. She asked that the commission vote to deny this application for a telecommunications tower. Mr. Sutter asked to clarify a statement made by Ms. Weber. The city code does not allow towers in parks or school property, however, Robbinsdale Middle School is in the city of Robbinsdale and not Crystal and therefore, not subject to Crystal City Code. Robbinsdale schools were approached by Clearwire and were refused. Hearing no further discussion the Public Hearing was closed by Chair VonRueden. Hearing no further discussion from the Planning Commission, Chair Von Rueden asked if anyone would like to make a motion. Moved by Commissioner Sears and seconded by Commissioner Buck to recommend to the City Council to approve Application 2010-06 for a Conditional Use Permit to allow a Clearwire telecommunications tower at 5301 36th Avenue North (Cub Foods). Motion carried unanimously. D. OLD BUSINESS – None heard E. NEW BUSINESS – None heard F. GENERAL INFORMATION 1. Staff preview of likely agenda items for the October 11, 2010 meeting, is not known at this time. No applications have been received. 2. City Council action on recent Planning Commission items included the plat of the MNDOT properties that back up to the three properties on 3000 block of Welcome. UNAPPROVED MINUTES OF SEPTEMBER 13, 2010 PLANNING COMMISSION MEETING Page 5 of 5 J:\PLANNING\Planning Commission\2010 and earlier\2010\09.13\minutes.doc The plat has not yet been recorded as the property has not been purchased from MNDOT. There are title matters that are still being finalized. The City Council did approve that plat consistent with the commission’s recommendation. G. OPEN FORUM – None heard H. ADJOURNMENT Moved by Commissioner Whitenack and seconded by Commissioner Heigel to adjourn. Motion carried unanimously. The meeting adjourned at 7:45 p.m.