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1998-10-27 Planning Comm MinutesCITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA PLANNING COMMISSION MINUTES OCTOBER 27, 1998 The regular meeting of the Mendota Heights Planning Commission was held on Tuesday, October 27, 1998, in the Council Chambers at City Hall, 1101 Victoria Curve. The meeting was called to order at 7:30 p.m. The following members were present: Duggan, Koll, Betlej, Lorberbaum, Kleinglass and Tilsen. Commissioner Friel was excused. Also present were Public Works Director Jim Danielson, Planner Meg McMonigal, Administrative Assistant Patrick Hollister and Senior Secretary Kim Blaeser. APPROVAL OF MINUTES Commissioner Lorberbaum moved approval of the September 22, 1998 minutes with corrections. Chair Duggan seconded the motion. AYES: 6 NAYS: 0 HEARING: CASE NO. 98-34: CLOSMORE - WETLAND PERMITS Mr. Jeff Closmore, of 1527 Vandall Street, was present to discuss his request for a Wetlands Permit which would allow the construction of 30' by 12' addition on his home. In response to Chair Duggan's request, Administrative Assistant Hollister explained that staff is aware that Mr. Closmore's addition is located over 100 feet from the wetlands area. He explained that the City's Wetlands Map designates Mr. Closmore's home to be within a Wetlands area. He acknowledged that the actual wetlands area is across the street from Mr. Closmore's home. Mr. Closmore stated that this is a simple addition to his home and that there will be no grading. He stated that the proposal includes the construction of a OCTOBER 27, 1998 PLANNING COMMISSION MINUTES deck. Chair Duggan inquired about the distance from the deck to the rear yard. Mr. Closmore stated he is unsure. Duggan stated that it appears the actual construction is over 150 feet from the Wetlands area. Commissioner Koll inquired if Mr. Closmore is required to submit information regarding boundary lines as well as topographical information. Mr. Closmore stated that the addition is well within 50 to 60 feet of his boundary lines. Commissioner Tilsen suggested that Mr. Closmore consider more accurate information related to the distance of the addition, including the deck, from the wetlands area as well as specific information regarding the size of the proposed deck. In response to a question from Chair Duggan, Public Works Director Danielson stated that City staff will provide information to Mr. Closmore regarding the highest known water level. Commissioner Betlej inquired about the designation of wetland areas within the City. Danielson responded that the City's Wetlands Permit process is one of the first in the metropolitan area. He explained that the wetlands area was determined using aerial topography. He informed the Commission that the wetlands ordinance was adopted in 1976. Chair Duggan inquired if there have been amendments to the Wetlands Ordinance. He further stated that the City may wish to consider amending the ordinance through the Comprehensive Plan Amendment process. Chair Duggan opened the meeting to the public. There was no one present to discuss this request. Commissioner Betlej moved to close the public hearing. Commissioner Tilsen seconded the motion. AYES: 6 NAYS: 0 OCTOBER 27, 1998 PLANNING COMMISSION MINUTES 2 Commissioner Lorberbaum moved to recommend that the City Council grant a Wetlands Permit with the following conditions: 1 The addition be built at least three feet above the highest known water level. 2. That all engineering and construction requirements are met. Commissioner Betlej seconded the motion. AYES: 6 NAYS: 0 HEARING: CASE NO. 98-35: CELLNET DATA SERVICES (MSP) INC. - CONDITIONAL USE PERMIT Ms. Susan Fauver, of Leonard, Street and Dienard, Mr. Mike Radovich, Radio Frequency Engineer with CellNet and Mr. Kevin Mulloy, Contract Administrator with CellNet, were present to discuss a request from CellNet Data Services, Inc. for a Conditional Use Permit which would allow the installation of 41 Micro Cell Controllers (MCC) on NSP utility poles throughout the City. Mr. Radovich explained that CellNet Data Services has entered into an agreement with NSP for the purpose of collecting and distributing utility meter reads via a wireless network. He explained that the Micro Cell Controller (MCC) is a LAN devise designed to interact directly with the end point devises (meters). He explained that the MCC collects and retains data until interaction with the cellmaster begins. He explained that the MCC is programmed and controlled by the Operations Center located in Minneapolis. Radovich explained that the MCC unit is approximately fifteen inches square as well as deep. He stated that the MCC units are proposed to be added to utility poles outside of homes within the City. He stated that some units may go inside homes as well. He reiterated that the MCC unit stores meter reading information which is then sent to the cellmaster then distributed to NSP. He stated that they are proposing to install 41 units throughout the City and that additional units may be necessary. In response to a question from Chair Duggan, Mr. Radovich stated that these units will be installed in residential districts as well as commercial districts. Radovich explained that the basic installation includes securing the MCC unit OCTOBER 27, 1998 PLANNING COMMISSION MINUTES 3 to existing utility poles using one lag bolt and one carriage bolt which will be secured through the utility pole. He explained that two individual antennas will be attached to the bottom of the MCC unit and one antenna will be attached to the top of the MCC unit. In response to a question from the Commission, Mr. Radovich explained that these units have been installed west of the Mississippi River in parts of Hennepin County and the Burnsville area. Chair Duggan inquired if these units will replace NSP meter readers. Mr. Radovich responded yes and that meter readers are being reassigned to other duties. Mr. Mulloy explained that replacing meter readers is not NSP's driving force in placing these units. He stated that the driving force is the technology in retrieving data in a more timely and accurate fashion. Commissioner Tilsen inquired about the age of NSP's infrastructure. Mr. Mulloy stated that NSP has specific standards in terms of installing the MCC units and that there is a specific maintenance system in place. Commissioner Tilsen stated that this may be an opportunity for the City to inquire about the possibility of converting overhead utility wires to underground service. Mr. Mulloy stated that he will express these thoughts to NSP. Mr. Radovich explained that the MCC system works by using radio frequencies. He stated that there is a real benefit to using this system because it allows for 98 percent of meters to be read. Commissioner Betlej inquired if there are other designs available other than installing the units on utility poles. Radovich explained that the units could be installed on the green NSP transformers typically found in neighborhoods. He explained that there is a drawback to using this option because the cover radius is not as high and that the meters really need to be located on a high pole to read more meters. Radovich stated that mounting the units near transformers and street lights is not very effective. The Commission inquired about the reliability of the meters. Mr. Radovich explained that there are battery backups and that if lightning strikes, the units would have to be replaced. He explained that there are specific structural standards required and that these units will be bolted through the utility poles. Commissioner Koll inquired about radio interferences. Mr. Radovich stated that there is no interference and that he would be willing to sign an affidavit confirming that there is no interference. Chair Duggan suggested that this OCTOBER 27, 1998 PLANNING COMMISSION MINUTES 4 affidavit be submitted to the City Council for their review. Commissioner Koll inquired about the weight of the units. Mr. Radovich responded about 45 pounds and that the units are made out of noncorrosive material. Mr. Mulloy stated that these units are factory made using specific standards in color and material. He explained that there are safety issues in terms of visibility on the utility poles. Commissioner Koll inquired if certain parts of the City will not be covered and whether additional units will be installed in the future. Mr. Radovich stated that CellNet may need to come back in the future to install additional meters. Commissioner Lorberbaum inquired about future uses of the units. Mr. Radovich stated that he is not be informed of future uses in technology. He stated that there is a possibility that these units can adapt to new uses. Mr. Mulloy stated that in the future, these units may be used to meter water. Commissioner Kleinglass inquired if these units are similar to the NSP Saver Switches. Mr. Radovich responded yes and that the Saver Switches are currently being used in Mendota Heights. Commissioner Lorberbaum commented on the capability of the units, specifically when there is a power outage and the fact that the unit is capable of sending power outage information to NSP. Mr. Radovich commented that there is a battery backup and that the units are capable of sending "last gasp" messages to the main center. Lorberbaum commented that she had visited their website and inquired if there are long term plans to include additional alarm capabilities, such as burglar and fire. Mr. Mulloy responded that NSP is aware of long term benefits and that additional products may be available to customers in the future. Commissioner Lorberbaum inquired about evasion to privacy and what assurances CellNet may give to the City that future uses will not infringe on privacy. Mr. Mulloy stated that the technology is within the meter. He stated that NSP owns the meter and that CellNet owns the technology. He stated that the intrusion to any home stops at the meter itself. It was noted that metered information is not considered public information and that NSP is very concerned with data security and customer privacy. Commissioner Lorberbaum inquired about data integrity and whether the system is Year 2000 Compliant. Mr. Mulloy stated that CellNet's equipment, service and software is Year 2000 Compliant. Mr. Radovich stated that CellNet is a new company and that the software has been newly generated OCTOBER 27, 1998 PLANNING COMMISSION MINUTES 5 to be Year 2000 compliant. Ms. Fauvre stated that an agreement and/or an affidavit could be drafted to stipulate Year 2000 compliance. Chair Duggan stated that this would be appropriate because it would ensure that CellNet is aware of these specific issues. He stated that the affidavit should address security issues as well. Commissioner Tilsen reiterated that the City should use this opportunity to consider speaking with NSP about converting overhead power lines to underground service. He stated that NSP has done this in other communities and that this would greatly benefit Mendota Heights. In response to a question from Chair Duggan, Mr. Radovich stated that the units are used to only read meters and that they cannot monitor anything else. The Commission felt it necessary to open discussion regarding CellNet's two other requests for Conditional Use Permits since they are similar the above request. HEARING: CASE NO. 98-36: CELLNET DATA SERVICES (MSP), INC. - CONDITIONAL USE PERMIT Mr. Radovich explained that this request is for a Conditional Use Permit to place an antennae and cellmaster equipment on and near the existing NSP high tension tower on Outlot B, Mendakota Estates. Chair Duggan asked for clarification regarding mailed and published notice. City staff informed the Commission that mailed notice was sent to property owners within 350' of the proposed development. It was noted that the prior case, Case No. 98-35 was site specific and that published notice was completed. Mr. Radovich explained that the proposed cellmaster unit communicates to between 50 and 200 MCC units. He reviewed a sketch of the NSP high tension power lines. He informed the Commission that the antennae will be mounted on a ten foot pole with the unit being 48" wide by 28" deep by 40" high. Chair Duggan inquired if there will be a 6' by 6' building constructed under the antenna pole. Ms. Fauvre explained that CellNet does not need a building OCTOBER 27, 1998 PLANNING COMMISSION MINUTES 6 to store its equipment. She explained that there was some confusion as to whether the City required a building and that they are under the impression that a building is not required by the City. Commissioner Lorberbaum inquired if a building is necessary. Ms. Fauvre responded no. Mr. Radovich explained that there are 40 sites in the metro area with one location in Cottage Grove with a building. Radovich stated that it is better to have the equipment in a building, but not necessary. Commissioner Tilsen inquired if there are other options available other than constructing a 10' by 10' fenced area with a six foot high fence. He noted his concerns with aesthetics in a park area especially near a walking path. Mr. Radovich stated that the building area could be reduced to 4 Y2 ' by 4 1/2 Chair Duggan stated that additional screening is necessary. Mr. Radovich explained that NSP has restrictions as to the type of vegetation installed. Radovich stated that they prefer to have a lower profile style building. Radovich explained that the cellmaster area will included electrical and phone service, (underground utilities) and that one cable is needed above ground to attach to the unit. He stated that the equipment will be painted to match the NSP structure. Commissioner Koll inquired about the height of the NSP tower. Mr. Radovich stated 80 feet and that they intend to construct a 12 foot pole. In response to a question from Chair Duggan regarding other cellmaster sites within the City, Mr. Radovich explained that there will be only two cellmaster sites within the City. - He stated that they are -expensive to construct. Chair Duggan opened the meeting to the public. Mr. Mike Black, Mendakota Court, inquired about the location of the cellmaster site an how it will be situated with the Mendakota Park walking path. Mr. Radovich stated that it will be located more towards the NSP transformer towers. Mr. Black stated that he does not want to see an additional building in this area. Black stated that he would like to see additional landscaping in this area. Radovich stated that NSP has restrictions as to the type of vegetation to be installed in this area. He stated that they are waiting to hear from NSP regarding this issue. He stated that CellNet intends to work closely with the community and NSP to help mitigate any concerns. Mr. Black stated that he suspects a building will look better than a chain link fence. Mr. Radovich stated that it makes no difference to CellNet. He stated OCTOBER 27, 1998 PLANNING COMMISSION MINUTES 7 that it is easier to screen a 4 1/2 by 4 1/2 concrete slap and fence is much easier than a building. Commissioner Tilsen inquired if any other amenities have been provided to these facilities, such as emergency telephone service. Mr. Mulloy responded no. Commissioner Tilsen inquired if there is any noise associated with this equipment. Mr. Radovich responded that there are no alarms and/or buzzers. He stated that there are fans running regularly and that the equipment is sound attenuated with weather proofing insulation. Tilsen inquired if the noise is louder than a personal computer. Mr. Radovich responded no. In response to a question from Commission Kleinglass, Mr. Radovich stated that CellNet is willing to construct a building or a small fenced in area with appropriate landscaping. Commissioner Betlej stated that a building in the middle of Mendakota Park does not make any sense. HEARING: CASE NO. 98-37: CELLNET DATA SERVICES (MSP) INC - CONDITIONAL USE PERMIT Mr. Radovich explained that this request is for a Conditional Use Permit to place an antenna and cellmaster equipment on and near the existing AT&T tower at 894 Sibley Memorial Highway. Mr. Radovich stated that this request is similar to Case No. 98-36, Outlot B, Mendakota Estates. Chair Duggan inquired if CellNet is comfortable with providing the City with an Abandonment Bond. Ms. Fauvre responded yes. In response to a question from Ms. Fauvre, Chair Duggan explained that CellNet is required to provide a written agreement to support, participate in and refrain from interfering with public warning systems and public safety communications. Ms. Fauvre stated that appropriate documentation will be provided. Commissioner Tilsen inquired if the system has the ability to turn off electricity. Mr. Radovich explained that electricity flows out of the house and that there is no way of accessing the house to turn the electricity off. Commissioner Tilsen stated that this system may eventually have the ability to help public safety entities monitor what is happening within a home (i.e., amount of gas flow to a furnace) before entering the building. OCTOBER 27, 1998 PLANNING COMMISSION MINUTES 8 In response to a question from Ms. Fauvre, Chair Duggan suggested that Ms. Fauvre speak with staff to draft an agreement. Regarding the confirmation that all FCC standards and regulations are met, Mr. Radovich stated that he is a licensed engineer and that he could provide this information to the City. It was confirmed that a third party is not needed to draft this confirmation. Mr. Radovich stated that the antenna operates at a frequency between 902 and 928. He stated that they have not received complaints regarding interference. Commissioner Tilsen inquired how interference may be monitor. Mr. Radovich explained that the unit works 24 hours a day and transmits metered information every 5 minutes. Chair Duggan inquired about structural integrity. Mr. Radovich assured the Commission that there are strict standards CellNet is required to abide by. Mr. Radovich stated that he is a licensed professional engineer who is bound to utilize restrictions. Commissioner Koll inquired as to why an additional three feet is needed by CellNet. It was noted that the AT&T tower is 91 feet high and that with the CellNet antenna, it will be 93 feet high. Mr. Radovich explained that an additional three feet above the existing tower is necessary because it is an AT&T requirement. Radovich stated that AT&T does not want interference and that it is good engineering practice to alleviate interference. In response to a question from Chair Duggan, Planner McMonigal explained Section 21.6(3)f of the Cell Tower Ordinance which states that a building mounted antennae or any attachment thereto be allowed to protrude more than 15' above the roof line of the building. McMonigal stated that she interpreted the NSP tower to be like a building. Commissioner Tilsen stated that the object of the ordinance is to keep the antenna unobtrusive and that the City prefers the co -existence of antennae rather than constructing a new building. He stated that there is no issue with antennas being placed on utility poles. In response to a question from the Commission, Mr. Radovich explained that the reason for a fence is to keep vandalism at a minimum. He stated that the protruding cable is susceptible to vandalism. Radovich stated that AT&T does not want a fence installed and that they are very concerned with aesthetics. Commissioner Betlej noted his concern with establishing a precedent in interpreting a structure vs. a pole. Commissioner Tilsen noted Section 21.6(8)k which allows the Council, at its discretion, waive any or all of the OCTOBER 27, 1998 PLANNING COMMISSION MINUTES 9 requirements of the Ordinance in order to approve a unique "stealth" or "camouflage" design of free-standing antennae or poles or building mounted antennae if in the opinion of the Council said apparatus will be sufficiently disguised as trees, light poles, church steeples or other similar objects. Tilsen stated that the City Council could use this Section to interpret that the antennas will be disguised on the towers. He stated that the City should encourage co -location of antennas. Chair Duggan suggested that an alternative landscape plan be forward to City Council for their review. In response to a question regarding the building in Cottage Grove, Mr. Radovich explained that it is a pre -fab structure with aluminum skinned siding. Regarding Outlot B, Mendakota Estates (Case No. 98-36), Commissioner Tilsen stated that the size of the building within the park is a real concern and that it should be designed with appropriate landscape screening. Regarding painting of the MCC units, (Case No. 98-35), the Commission felt that the Units should match the existing transformers on the utility poles. X I -IT -11:8 Z 10WT-Da-01 Chair Duggan moved to close the public hearing. Commissioner Tilsen seconded the motion. AYES: 6 NAYS: 0 Commissioner Betlej moved to recommend that the City Council grant a Conditional Use Permit to place 41 Micro Cell Controllers (MCC) on NSP Utility poles throughout the City to collect meter reading data with the following conditions: 1. That equipment be removed within six months of when the operation ceases. 2. That proof of any applicable federal, state or local licenses be submitted. 3. That written agreement be given to support, participate in and refrain from interfering with public warning systems and public safety communications. 4. That all FCC standards and regulations be met. 5. That a report guaranteeing non-interference with other communications be submitted. OCTOBER 27, 1998 PLANNING COMMISSION MINUTES 10 6. That an Abandonment Bond be furnished to the City equal to 1 and times the current cost of removal and disposal. 7. That an annual report of locations of MCC units be provided each year. Chair Duggan seconded the motion. Commissioner Tilsen offered a friendly amendment by requesting the applicant to explore and complete a report on the possibility of underground electrical service in the community with NSP. Chair Duggan offered a friendly amendment by requesting that NSP representatives attend a City Council meeting to discuss the City's request. Ms. Fauvre stated that it should not be a problem to invite NSP representatives to speak with the City Council. Commissioner Lorberbaurn offered a friendly amendment by requesting that CellNet technology be Year 2000 compliant using the following suggestions: 1 That the product work with current date values after December 31, 1999. 2. The product will accept, store and process dates after December 31, 1999. 3. That date elements will specify the century unambiguously by format or century inferencing. 4. That Year 2000 will be recognized as a leap year. Commissioner Kleinglass noted his displeasure with Commissioner Tilsen's friendly amendment connecting CellNet's request to the City's request to explore with NSP in relocating power lines underground. Mr. Mulloy concurred and stated that this should be an issue specifically related to NSP and not through CellNet's request for Conditional Use Permits. Commissioner Tilsen stated that this is an issue to explore and that he would like to see how NSP could implement this suggestion. Ms. Fauvre stated that CellNet is a service provider to NSP and that they have no control over NSP. She stated that they would be happy to help connect the City and NSP to discuss this issue. She stated that it would be inappropriate to have CellNet's Conditional Use Permit tied to NSP making changes to its placement of power lines. She stated that they would make the best effort possible to have NSP representatives speak with the City. OCTOBER 27, 1998 PLANNING COMMISSION MINUTES 19 Commissioner Tilsen withdrew his friendly amendment. VOTE ON MOTION: Chair Duggan moved to close the public hearing. Commissioner Betlej seconded the motion. AYES: 6 NAYS: 0 Commissioner Betlej moved to recommend that the City Council grant a Conditional Use Permit which would allow the placement of an antenna and cellmaster equipment on an near the existing NSP high tension tower on Outlot B, Mendakota Estates with the following conditions: 1. That the antennas must not exceed 15' in height above the existing pole. 2. That equipment be removed within six months of when the operation ceases. 3. That proof of any applicable federal, state or local licenses is submitted. 4. That a written agreement be given to support, participate in and refrain from interfering with public warning systems and public safety communications. 5. That all FCC standards and regulations be met. 6. That a report guaranteeing non-interference with other communications be submitted. 7. That an Abandonment Bond be furnished to the City equal to 1 and 'h times the current cost of removal and disposal. 8. That additional landscape screening, as regulated by NSP standards, be added to the 4 % by 4 % facility to help aesthetically cover the six foot high fence. 9. That a revised plan indicating the placement of the 4 % by 4 % facility be submitted for Council review. Commissioner Kleinglass seconded the motion. OCTOBER 27, 1998 PLANNING COMMISSION MINUTES 12 Commissioner Koll clarified that the Planning Commission and City Planner have interpreted the antenna to be co -existing on an existing utility pole and that a new structure is not being constructed. LTA uoydA us] _L1 I kk ley# IQ 0 AYES: 6 NAYS: 0 CASE NO. 98-37: Commissioner Betlej moved to recommend that the City Council grant a Conditional Use Permit which would allow the placement of antenna and cellmaster equipment on and near the existing AT&T tower at 894 Sibley Memorial Highway with the following conditions: 1 That the antennas must not exceed 15' in height above the existing pole. 2. That equipment be removed within six months of when the operation ceases. 3. That proof of any applicable federal, state or local licenses is submitted. 4. That a written agreement be given to support, participate in and refrain from interfering with public warning systems and public safety communications. 5. That all FCC standards and regulations be met. 6. That a report guaranteeing non-interference with other communications be submitted. 7. That an Abandonment Bond be furnished to the City equal to 1 and times the current cost of removal and disposal. 8. That additional landscape screening, as regulated by NSP standards, be added to the 4 Y2 by 4 % facility to help aesthetically cover the six foot high fence. 9. That a revised plan indicating the placement of the 4 Y2 by 4 % facility be submitted for Council review. Commissioner Lorberbaurn seconded the motion. Commissioner Koll clarifed that the Planning Commission and City Planner have interpreted the antenna to be co -existing on an existing utility pole and that a new structure is not being constructed. OCTOBER 27, 1998 PLANNING COMMISSION MINUTES 13 VOTE ON MOTION: AYES: 6 NAYS: 0 Chair Duggan called a recess at 9:40 p.m. Chair Duggan reconvened the meeting at 9:47 p.m. HEARING: CASE NO. 98-39: APT MINNEAPOLIS, INC. CONDITIONAL USE PERMIT Mr. Steve Katkov, of American Portable Telecom (APT) was present to discuss their request for a Conditional Use Permit which would the placement of three banks of four antennas each on the city water tower on Lexington Avenue, communications equipment outside of the tower and a fence surrounding the equipment. Mr. Katkov explained that APT has been before the City Council twice this past summer to discuss their proposal. As a result of these discussions, APT has decided to place the equipment outside of the water tower. This would allow more storage space, for the City's Police Department Impound, inside the water tower. Katkov also explained that APT is licensed by the FCC and that their frequency is with Sprint. Katkov explained that the proposed antenna will be 135 feet above ground and that the existing antenna, on the water, is 143 above ground. Katkov stated that they currently co -exist with Sprint on 7 other towers within the metropolitan area. He stated that they have had no interference issues. Katkov stated that the outdoor equipment will be surrounded by an eight foot high chain link fence. He stated that APT is amenable to any size fence the City would like. Katkov explained that the location of the equipment will be due west from the City's water tower near the City's fence and near trees which border the cemetery. He explained that they do not propose to install landscaping. Commissioner Tilsen inquired if the City Council has a preference related to fencing. Public Works Director Danielson responded that APT presented a plan to the City Council which included a fence. He stated that the public works employees have no objections regarding the proposed fence. OCTOBER 27, 1998 PLANNING COMMISSION MINUTES 74 Mr. Katkov stated that they would prefer to have the equipment inside the water tower. He informed the Commission that the City Council has indicated that the City needs the space within the water tower for police impound storage. He informed the Commission that APT did inquire with Sprint about locating their equipment on Sprint's platform within the water tower and that Sprint has informed APT that the platform is too small and that Sprint may need the space for possible future expansion plans. Regarding the Ordinance requirement to submit a map of all existing and future towers and antennae of the same provider, Mr. Katkov stated that the Ordinance requires that this information be submitted using a radius of two miles. He stated that APT has no tower within two miles of this proposal and that they do not intend to construct one in the future. He further noted that APT will comply with the other conditions as stipulated by Planner McMonigal. Regarding landscaping, Public Works Director Danielson stated that there have been plantings in this area before which did not survive. Chair Duggan opened the meeting to the public. Mr. Bob Schlenz, a Registered Engineer for 3M, whose building is located 2465 Lexington Avenue, stated that 3M is a neighbor to this site. He noted that 3M is concerned with the possible interference to their electrical equipment inside their building and that the effects could be cumulative. He stated that they do not know if a problem will exist and he stated that 3M has worked with US West, CellNet and AT&T in the past. He stated that 3M does not want their facility brought to a halt. Mr. Katkov explained that the wattage, at the high end, is 60 watts and that often it is 24 watts, less power than most home stereo systems. Mr. Katkov stated that APT wants to be a good neighbor. Chair Duggan moved to close the public hearing. Commissioner Betlej seconded the motion. AYES: 6 NAYS: 0 OCTOBER 27, 1998 PLANNING COMMISSION MINUTES 15 Commissioner Betlej moved to recommend that the City Council grant a Conditional Use Permit for the antennas, communications equipment and fence subject to the following conditions: 1 That the equipment be removed within six months of when the operation ceases. 2. That proof of any applicable federal, state or local licenses is submitted prior to receiving a building permit. 3. That a written agreement be given to support, participate in and refrain from interfering with public warning systems and public safety communications. 4. That all FCC standards and regulations are met. 5. That a report guaranteeing non-interference with other communications be submitted. 6. That an Abandonment Bond be furnished to the City equal to 1 and % times the current cost of removal and disposal. 7. That a map of all existing and future towers and antennae of the same provider be provided. Commissioner Koll seconded the motion. AYES: 5 NAYS: 0 ABSTAIN: 1, LORBERBAUM Commissioner Lorberbaum informed the Commission that her spouse is an employee with 3M. HEARING: CASE NO. 98-38: CARLSON/DURIGAN - WETLANDS PERMIT Mr. David Durigan and Ms. Dawn Carlson, owners of Lot 7, Block 1, Mendota Woods, were present to discuss their request for a Wetlands Permit which would allow the construction of a single family home within 100 feet of the wetlands area. Mr. Durigan explained that they really liked the lot because of the significant amount of trees. He explained that the most difficult part of construction this home is constructing the driveway. He explained that the driveway will be between 5 and 10 feet from the property line and 4 to 5 feet from the edge of the wetland area at one point. He stated that the slopes are very OCTOBER 27, 1998 PLANNING COMMISSION MINUTES 16 steep on this property. He stated the driveway is proposed to be 240 feet long with a 7% to 10% grade. Chair Duggan noted that there is a challenge in grade with this property. Public Works Director Danielson stated that this neighborhood has custom designed driveways and that this request is not unusual. Chair Duggan inquired about the retaining wall. Durigan responded that two retaining walls are proposed. Durigan explained that one wall will be 140 feet long and will be constructed in between the driveway and the wetland. Durigan explained that the other wall will be built in the future. Public Works Director Danielson pointed out that a large area in front of the garage is proposed to be paved. Chair Duggan stated that he visited the site and that there is a real challenge in placing home so that trees will not be affected. Durigan responded that he would like to keep as many trees as possible. He stated that the City Planner suggested that the home be moved 20 feet north. He stated that this idea would move the home closer to the wetlands. He stated there are a lot of restrictions in building a home on this lot. He stated that he has concerns with constructing the home higher on the hill as it will create steep slopes. He stated that he is concerned with constructing a home too close to the highway because there would be no backyard. Chair Duggan noted that there were several trees marked with orange ribbons. He noted that there are 10 or 12 dead trees on the lot. Durigan responded that the dead trees will be removed. In response to a question from Chair Duggan, Durigan stated that the proposed home will be approximately 24 feet from the wetlands. Duggan inquired about erosion control measures. He informed Mr. Durigan that double strength silt fencing should be considered to guarantee protection. Commissioner Tilsen stated that this is a difficult site. He noted that if the retaining wall fails, it will obviously impact the wetlands area. He stated that he appreciates the effort the applicant has put forth in placing the house on the lot. Commissioner Betlej inquired if other options have been considered in placing the home on the site. Durigan stated that other options have been considered but that the placement of the driveway has always been the issue. In response to a question from Chair Duggan, Mr. Durigan stated that 27 OCTOBER 27, 1998 PLANNING COMMISSION MINUTES 17 ( trees could be affected. He stated that they are going to try and save as many as possible. He stated that at least 9 large trees will be removed. Chair Duggan suggested that all of the dead trees be removed first and then the placement of the home could be considered. Duggan stated that the applicant may look at the site differently if the dead trees are removed. Planner McMonigal informed the Commission that Mr. Durigan's plan refers to dash lines which establish grading limits. She noted that root systems of the trees will be affected as a result of the grading. She suggested that the home be moved further north on the property and that the house plan be flipped so that the garage will be on the pond side. She stated that at least 8 trees could be saved as a result of moving the home further north on the property. She stated that if the house were moved north, the house would then be 20 feet from the wetlands area (884 elevation). She stated that the retaining wall could then be removed. Mr. Durigan responded that he has reviewed this option and that the slopes are too steep. Chair Duggan inquired how Mr. Durigan will protect his neighbor, Mr. Olsen's, Oak trees. He stated that there are at least 2 or 3 Oaks that are in danger of being damaged. He suggested that maybe some money could be escrowed to help ensure that the safety of the trees. Public Works Director suggested that the applicant contact a forester to discuss these concerns. Mr. Durigan stated that he recognizes the concerns. Regarding the demonstration of erosion control measures, Public Works Director Danielson stated that Mr. Durigan has submitted drawings indicating the installation of a silt fence. Commissioner Koll inquired if this lot could be accessed from a different location. Public Works Director Danielson explained that the City had made a decision that this lot be accessed off of Arbor Court. A brief discussion ensued regarding the location of the lot monuments and whether the applicant has an accurate depiction of the property lines. Mr. Durigan stated that he has found the corner monuments. Chair Duggan stated that Mr. Durigan needs to specifically identify the property irons. Commissioner Tilsen inquired if the driveway grade could be lowered. He further inquired if there is an adequate amount of elevation, within the culvert under the driveway, for sewer service. Public Works Director Danielson stated that this should be researched further. Chair Duggan opened the meeting to the public. OCTOBER 27, 1998 PLANNING COMMISSION MINUTES 18 Mr. David Olsen, 2550 Arbor Court, informed the Commission that he is Mr. Durigan's neighbor, and that he is very concerned about his oak trees being damaged as well as there being adequate space for sewer service. He stated that he is also concerned about drainage. Chair Duggan stated that the engineering staff will review drainage plans. Mr. Olsen inquired about the five foot setback. Danielson responded that Mr. Durigan can fill and plant trees in this area. Mr. Olsen stated that he does not want to stop the construction of this new home, but that he does have concerns that should be addressed. Mr. Dumer, 2515 Arbor Court, noted his concern with losing trees. He stated that the trees in the entire development have taken a toll. He noted his displeasure of a recent home construction within this area which cut down a number of trees. He stated that an eighty year old Oak tree has been disturbed. He stated that these types of concerns should have been addressed at the time of the development. He stated that he urges the applicant to move the home further north. Commissioner Tilsen moved to close the public hearing. Commissioner Lorberbaum seconded the motion. AYES: 6 NAYS: 0 Commissioner Betlej stated that there is not enough accurate information to make a recommendation to the City.Council. He noted his concern for aesthetics as well as the fact that he disagrees that the home should be moved closer to the wetlands. He stated that he does not want to see the wetlands impacted nor is he comfortable with the steep slopes in this area. He stated that he is concerned with removing the majority of the significant trees on this lot and putting existing trees at risk. Betlej moved to recommend that the request be tabled until November to allow the applicant an opportunity to develop a plan with more options in placing the home. Commissioner Koll inquired about the construction time frame. Mr. Durigan stated that they would like to begin building as soon as possible, particularly before the frost is in the ground. Mr. Durigan stated that he has no other options but to construct the home as indicated. Chair Duggan suggested that Mr. Durigan consider removing the dead trees and then consider other placement options. Commissioner Betlej withdrew his motion. OCTOBER 27, 1998 PLANNING COMMISSION MINUTES 19 Chair Duggan reminded the Commission that they are reviewing a request for a wetlands permit only. Chair Duggan moved to table the request until November, 1998 to allow the applicant to work with City staff in determining the feasibility of the sewer service system. Commissioner Lorberbaum seconded the motion. AYES: 6 NAYS: 0 Mr. Durigan stated that he has had the sewer service reviewed and that it has been determined that the culvert is deep enough. Commissioner Tilsen explained that the Commission needs confirmation regarding the sewer service. He stated that the Commission is looking for minimal tree loss. Tilsen stated that this is a very difficult issue. VERBAL REVIEW Public Works Director Danielson gave a brief review of Council action regarding previous planning applications. MISCELLANEOUS Commissioner Kleinglass informed staff that he would not be attending the November planning meeting. ADJOURNMENT There being no further business, the Planning Commission moved to adjourn its meeting at 11:06 p.m. Respectfully submitted, Kimberlee K. Blaeser Senior Secretary OCTOBER 27, 1998 PLANNING COMMISSION MINUTES 20