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2022-02-22 Planning Commission MinutesAPPROVED BY PC 03/22/2022 February 22, 2022 Mendota Heights Planning Commission Meeting Page 1 of 5 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA PLANNING COMMISSION MINUTES FEBRUARY 22, 2022 The regular meeting of the Mendota Heights Planning Commission was held on Tuesday, February 22, 2022 in the Council Chambers at City Hall, 1101 Victoria Curve at 7:00 P.M. The following Commissioners were present: Chair Litton Field, Commissioners Patrick Corbett, Sally Lorberbaum, Cindy Johnson, Michael Toth, and Andrew Katz. Those absent: Commissioner Brian Petschel. Election of Planning Commission Chair and Vice Chair for Year 2022 Community Development Director Tim Benetti noted that Commissioners Katz, Petschel and Toth did receive reappointment. He opened the floor for nominations for the position of Chair. Commissioner Lorberbaum nominated Litton Field for the position of Chair. Commissioner Katz nominated Patrick Corbett for the position of Chair. There were no other nominations. With a vote of 5 ayes to 1 nay (Katz), Litton Field was elected as Chair for 2022. Community Development Director Tim Benetti opened the floor for nominations for the position of Vice Chair. Chair Field nominated Sally Lorberbaum for the position of Vice Chair. There were no other nominations. With a unanimous vote, Sally Lorberbaum was elected as Vice Chair for 2022. Approval of January 25, 2022 Minutes COMMISSIONER LORBERBAUM MOVED, SECONDED BY COMMISSIONER KATZ, TO APPROVE THE MINUTES OF JANUARY 25, 2022. AYES: 6 NAYS: 0 APPROVED BY PC 03/22/2022 February 22, 2022 Mendota Heights Planning Commission Meeting Page 2 of 5 Hearings A) PLANNING CASE 2022-02 DISH WIRELESS/NCWPCS MPL SITE TOWER HOLDING LLC, 894 SIBLEY MEMORIAL HIGHWAY – CONDITIONAL USE PERMIT Community Development Director Tim Benetti explained that DISH Wireless is seeking a conditional use permit (CUP) for new cellular wireless antenna upgrades to an existing cellular monopole tower system, located at 894 Sibley Memorial Highway. Title 12-1D-14 of the Code requires CUP approval for any new or additional wireless antennas or systems to towers. Hearing notices were published and mailed to all properties within 350-ft. of the site; no comments or objections to this request were received. Community Development Director Tim Benetti provided a planning staff report and a presentation on this planning item to the Commission (which is available for viewing through the City’s website). Staff recommended approval of this application based on the findings and with conditions. Commissioner Lorberbaum noted the equipment onsite and asked why fencing was never required. Community Development Director Tim Benetti commented that he was unaware of the equipment until he reviewed the site recently as well. He stated that if the Commission feels security fencing would be appropriate, this would be the time to make such request. Commissioner Lorberbaum asked who owns the land. Community Development Director Tim Benetti stated that the land is privately owned by NCWPCS MPL 27 YR Site Tower Holding LLC. Chair Field opened the public hearing. Jay Suriano, representing the applicant, stated that he is available to answer questions. He stated that it is common for sites to be fenced and agree that this site probably was not fenced because there was a shelter with no standalone equipment. He stated that while his client would not object to fencing, there would be a limitation on where fencing would be placed, and they would not want to fence the entire site. Commissioner Lorberbaum stated that she would like to see fencing around the equipment next to the building. Mr. Suriano confirmed that he could work with staff to develop the fencing plan. Commissioner Toth agreed that the fencing should be around the equipment to the building, perhaps 40 by 40. APPROVED BY PC 03/22/2022 February 22, 2022 Mendota Heights Planning Commission Meeting Page 3 of 5 Mr. Suriano commented that he would estimate that distance at 50 feet. He suggested fencing the equipment to the shelter rather than fencing around the shelter. Commissioner Corbett asked the intention of the fencing, whether it is meant to provide safety for the general public or equipment. Commissioner Lorberbaum commented that her thought would be to have fencing to protect the equipment and keep general public away. Commissioner Corbett commented that it would seem the building is secure, and the fencing would be to protect the equipment. Mr. Suriano asked for clarification on the request for fencing. Commissioner Corbett suggested beginning the fencing at the shelter and then going around the tower and equipment. Mr. Suriano asked if there is a type of fence specified. Community Development Director Tim Benetti replied that while typically chain link fence would be allowed, a black vinyl coated fence would be preferred. Commissioner Corbett commented that perhaps someone should not be allowed to see through the fencing. Community Development Director Tim Benetti replied that chain link with slats would be acceptable. He commented that the area is probably well protected with security cameras from the neighboring building as well. Public Works Director Ryan Ruzek replied that black- or neutral-colored slats would be preferred. Chair Field noted that the details could be allocated for staff and the applicant to work out. Commissioner Johnson recognized the benefit of collocating. She asked if the combined ERP of both the AT&T equipment and DISH equipment would be at or below the required radio exposure. Mr. Suriano commented that the value will not exceed or come close to what is allowed by the Federal government. Commissioner Johnson stated that the tower is located in the MRCCA and reviewed the construction that is detailed within the application and report. She asked if there would be open soil and whether seeding would be needed. Mr. Suriano stated that the platform is a raised metal platform that sits on four pedestals. He commented that there is a weed barrier under the pedestals to stop things from growing into the APPROVED BY PC 03/22/2022 February 22, 2022 Mendota Heights Planning Commission Meeting Page 4 of 5 pedestals. He stated that the remainder of the area has crushed rock and a weed barrier under that. He provided details on the ice bridge construction. He stated that the fiber will have two types of installation and provided details on that process. He noted that no grass will be disturbed. Commissioner Johnson asked if the applicant is aware of the come clean, leave clean policy of the DNR and provided additional details on that policy. Mr. Suriano stated that he understands the concept but cannot say he knows deeply about that. He believed that all of the equipment is cleaned before coming to the job site and believed they would comply with that. Commissioner Lorberbaum asked and received confirmation that a report related to structural safety has been received and will be reviewed by staff. Seeing no one further coming forward wishing to speak, Chair Field asked for a motion to close the public hearing. COMMISSIONER TOTH MOVED, SECONDED BY COMMISSIONER KATZ, TO CLOSE THE PUBLIC HEARING. AYES: 6 NAYS: 0 COMMISSIONER LORBERBAUM MOVED, SECONDED BY COMMISSIONER JOHNSON, TO RECOMMEND APPROVAL OF THE CONDITIONAL USE PERMIT (CUP) TO ALLOW THE ADDITION OF NEW WIRELESS COMMUNICATION ANTENNA IMPROVEMENTS TO AN EXISTING MONOPOLE WIRELESS COMMUNICATIONS TOWER, LOCATED AT 894 SIBLEY MEMORIAL HIGHWAY, BASED ON THE FINDINGS-OF-FACT, AND SUBJECT TO THE FOLLOWING CONDITIONS: 1. THE APPLICANT SHALL ABIDE BY ALL REGULATIONS IN TITLE 12-1D-14 OF THE CITY CODE, AS OUTLINED IN THE FEBRUARY 2, 2022 PLANNING STAFF REPORT FOR PLANNING CASE NO. 2022-02. 2. THE APPLICANT SHALL MEET ALL FEDERAL COMMUNICATION COMMISSION (FCC) STANDARDS AND REGULATIONS RELATED TO THE OPERATION AND MAINTENANCE OF THESE NEW ANTENNA FEATURES. 3. THE APPLICANT MUST SUBMIT PROOF OF ANY APPLICABLE FEDERAL, STATE, OR LOCAL LICENSES TO THE COUNCIL PRIOR TO RECEIVING A BUILDING PERMIT. 4. A BUILDING PERMIT MUST BE APPROVED PRIOR TO ANY INSTALLATION OR NEW CONSTRUCTION WORK. THE APPLICANTS MUST PROVIDE THE NAME AND CONTACT INFORMATION OF A PRIVATE, THIRD-PARTY STRUCTURAL ENGINEERING INSPECTION FIRM OR STRUCTURAL INSPECTOR TO PROVIDE REPORTS TO THE CITY’S BUILDING OFFICIAL CONFIRMING ALL NEW WORK AND STRUCTURAL ADDITIONS WERE DONE IN ACCORDANCE WITH STATE OF MINNESOTA BUILDING CODES. APPROVED BY PC 03/22/2022 February 22, 2022 Mendota Heights Planning Commission Meeting Page 5 of 5 5. THE NEW ANTENNAS AND RELATED EQUIPMENT SHALL COMPLY WITH ALL APPLICABLE ELECTRICAL CODES. 6. THE NEW ANTENNA ARRAYS AND SUPPORTING STRUCTURAL MATERIALS SHALL BE PAINTED TO MATCH THE EXISTING PAINTED COLOR ON THE TOWER AND OTHER SYSTEMS. 7. NO ADDED LIGHTING OR ADVERTISEMENT OF ANY KIND, INCLUDING NOTICEABLE PROVIDER/COMPANY LOGO SHALL BE PLACED ON ANY PART OF THE ANTENNA ARRAYS, WHICH MAY BE NOTICEABLE OR VIEWED BY THE GENERAL PUBLIC FROM THE GROUND OR SURROUNDING PROPERTIES. 8. THE APPLICANT SHALL PROVIDE TO THE CITY, AS REQUIRED BY CITY CODE SECTION 12-1J-.H.1.b, AN ABANDONMENT BOND EQUAL TO ONE AND ONE HALF (1 -1/2) TIMES THE CURRENT COST OF REMOVAL AND DISPOSAL OF THE ANTENNA ARRAYS AND ANY SUPPORTING EQUIPMENT. 9. FENCING SHALL BE INSTALLED AROUND EQUIPMENT ON THE SITE THAT IS NOT PART OF THE STRUCTURAL BUILDING WITH A HEIGHT OF SIX FEET AND COMPOSED OF MATERIAL TO BE DETERMINED BY CITY STAFF AND THE APPLICANT. AYES: 6 NAYS: 0 Chair Field advised the City Council would consider this application at its March 1, 2022 meeting. New/Unfinished Business Community Development Director Tim Benetti stated that At Home Apartments received approval for its Phase III project and noted that construction is anticipated to begin on Phase II yet this year. He stated that the City received a notice of stay from the District Court to hold off on any work or progress by the Culligan family until the case is fully heard or determined by the State’s Appellate Court. Commissioner Lorberbaum commented that it was stated during the review of the At Home Apartments request that the Planning Commission supported the State required size for handicap parking stalls but clarified that the Commission did not support that size and supported the recommended size for Mendota Heights. Adjournment COMMISSIONER KATZ MOVED, SECONDED BY COMMISSIONER TOTH, TO ADJOURN THE MEETING AT 7:38 P.M. AYES: 6 NAYS: 0