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HomeMy WebLinkAbout1999 [02] Feb 08 Official Minutes-Planning Com»ússion February 8, 1999 Pursuant to due call and notice thereof, the Planning Commission for the City of St. Joseph met in regular I session on Monday, February 8, 1999 at 7:00 p.m. in the City Hall. Members Present: Chair Hub Klein. Commissioners, KatWeen Kalinowski, Jim Graeve, Kurt Schnieder, Gary Utsch. Council Liaison Mary Niedenfuer. Secretary Chad Carlson. Other Present: Kenneth Nielsen, USWest, Thomas Mathews, Sue Borgert, and Joe Bettendorf SKN Preliminary Plat: Chair Klein opened the hearing at 7: 1 0 p.m. and stated the purpose of the hearing is to consider a preliminary plat titled SKN. The proposed plat is located north of Joseph Street and East of the Burlington Northern Railroad, containing 16.34 more or less. The property to be plated is as follows: That part of the Southwest Quarter ofthe Northeast Quarter of Section 11, Township 124 North, Range 29 West of the 5111 Principal Meridian, St. Joseph Township, Stearns County, Minnesota which lies northerly ofthe northerly right-of-way line of the Burlington Northern Railroad and which lies westerly of a line 706.92 feet west of, measured at a right angle to and parallel with the east line of said Southwest Quarter ofthe Northeast Quarter. Subject to easements of record, if any. AND: That part ofthe Southwest Quarter of the Northeast Quarter of Section 11, Township 124 North, Range 29 West of the 5111 Principal Meridian. St. Joseph Township, Stearns County, Minnesota, which lies northerly of the northerly right-of-way line of the Burlington Northern Railroad and which lies easterly of a line 706.82 feet west of, I measured at a right angle to and parallel with the east line of said Southwest Quarter of the Northeast Quarter, which lies southwesterly of the following described line: Commencing at the Intersection of the east line of said Southwest Quarter of the Northeast Quarter with said northerly right-of-way line; westerly, along said right-of-way line, a distance of361.34 feet to the point of beginning ofthe line to be described; thence northerly at a right angle to said right-of-way line, a distance of 45.00 feet; thence northerly, northwesterly and westerly, a distance of 596.90 feet, along a tangential curve concave to the southwest, having a radius of380.00 feet and a central angle of90 degrees 00 minutes 00 seconds; thence westerly, tangent to said curve to its intersection with the west line of the tract ofland described above and said described line there terminating. The Planning Commission received the SKN Properties LLC Preliminary Plat. Carlson stated the background of the development and issues raised as to the 30Sth Street easement as identified on the Preliminary Plat. Bettendorf elaborated on the industrial park plans in relation to road construction in the area of the plat to include areas east and west of the plat. Bettendorf expressed concerns for an east-west connection from the industrial park to the eastern boundary of the Township. The APO and County's road plans do provide for an east-west connection to the north of the Borgert property to service future development. Commissioners questioned if30Sth and 304th street were needed to develop property to the east. Bettendorf stated that he had reservations developing 30Sth and 304th streets when County Road # 134 runs parallel to the area separated by a rail line. In addition, the City doesn't have a public access across the rail line and Bettendorf didn't believe one would be constructed in the near future. Bettendorf didn't have any reservations with the preliminary plat if SKN excluded 30Sth Street. Sue Borgert stated that the development of 30Sth street would be detrimental to the operation of Borgert I Products, Inc. In order to utilize TIF Financing, City Ordinance required platting of the property. Commissioners discussed access to all the lots on the plat. Bettendorf suggested that the southern property line of LOTI, BLKI be brought south to the middle of the easement of30Sth Street as platted on Borgert Industrial Park Plat 2. In addition, ifBorgertYs develop their property to the west, it was suggested that 30Sth Street dead-end and have a cul-de-sac constructed with a dedicated easement. Tom Mathews suggested that Joseph Street or 30Sth Street be considered for a cul-de-sac, depending upon how the property is developed. Commissioners agreed not to require an easement for a cul-de-sac at this time. Graeve made a motion to recommend the City Council approve the SKN Properties LLC. Preliminary I Plat as presented with the following contingencies: I. Elimination of 305th Street from the plat 2. The southern property line of Lot 001, Block 001 be brought south to the middle of the easement of 305th Street as platted on Borgert Industrial Park Plat 2 providing access to all the lots in the Plat. 3. Items to be included with the plat as requested by City Attorney, John Scherer as follows: a. Execution of Developer's Agreement before the final plat is approved; and b. Park Dedication is required as subject to St. Joseph Code of Ordinances Section 54.9 The motion was seconded by Utsch and passed unanimously by those present. Chair Klein closed the hearing at 7.25 p.m. USWest Special Use Permit - Placement of Antenna: Chair Klein opened the hearing at 7:35 p.m.. and stated the purpose of the hearing is to consider a Special Use Permit to allow the placement of a wireless telecommunication antenna on the St. Joseph Water Tower. St. Joseph Code of Ordinances 58.3 The Construction and maintenance of a commercial tower shall be permitted within the following zoning classifications, pursuant to a conditional use permit granted in accordance with the Zoning Ordinance. Subd. 4. General Business. Building mounted antennas, exempted dishes and antennas not attached to a tower. St. Joseph Code of Ordinances 58.11 states the placement of a wireless telecommunication antennas on I roofs or walls of existing buildings or structures shall be approved by the City as a conditional use provided that the antennas meet the requirements of this Ordinance. The request is being submitted by US West Wireless LLC, 426 N. Fairview, St. Paul MN 55104. Kenneth Nielsen presented background information on the proposed placement of antennas on the City Water Tower. The City Council approved a lease agreement with USWest to place the antennas on the City Water Tower. However, during negotiations the City Council decided that the Planning Commission should approve the placement with a Special Use Permit as required by the St. Joseph Code of Ordinances Nos. 58.3 and 58.11. The antennas will be placed 109 feet above the ground on the side of the water tower and a base station will be located on the ground. All necessary screening and landscaping will be completed as required by the City. Graeve questioned ifUSWest has exclusive rights to the City Water Tower. Nielsen stated that the lease agreement states that if any other proposed antenna would interfere with the transmission of the US West antennas, the interference would need to be fixed or the antennas would be removed. Graeve disbursed copies of an article in Orion Afield - Autumn 1998 regarding health concerns associated with similar antennas. According to the article, communication antennas should not be placed within 1,500 feet of residents, nursing homes, schools and hospitals. Commissioners continued to discuss potential health risks and if the City should consider delaying the Special Use Permit until research can be conducted. Graeve suggested that Planning Commission and City Council delay the approval of the I Special Use Permit until more research on health concerns can be conducted at the local level. Nielsen stated that the FCC has conducted extensive studies in regard to health issues associated with communication antennas. The FCC study concluded that there is no evidence that these antennas promote cancer or any other type of disease or illness. In fact, USWest has antennas located on the top of schools and towers in communities all over the state. Nielsen further stated that Congress has determined that the FCC study on health issues preempts all state or 10cal efforts. I Commissioners briefly discussed the terms of the lease agreement between the City and US West. Carlson informed the Planning Commission that discussing the lease agreement at this time is inappropriate. Commissioners are welcome to approach the City Council with any questions regarding the terms of the lease agreement. Niedenfuer expressed concern that if the City allows USWest to place these antennas on the tower, residents living in the area may be adversely impacted. Niedenfuer further stated that in her opinion, the City has a responsibility to protect its residents from potential health risks. Kalinowski made a motion to recommend the City Council approve the Special Use Permit for US West Communication for placement of an antenna on the City Water Tower as presented with the following contingencies: 1. Prior to approval by the City Council, the City should research potential health risks associated with the installation of the antenna proposed by US West Communications. St. Joseph Code of Ordinances No. 52.8. Subd. 4. (a) & (d) includes a provision for the protection ofthe health and welfare of the residents. The motion was seconded by Graeve. Ayes: Schnieder, Kalinowski, Klein, Utsch Nays: Graeve, Niedenfuer Motion Carried. Resolution of Finding I The request of US West Communication for a Special Use Permit came before the Planning Commission at a public hearing held on February 8, 1999. The purpose of the hearing was to consider the issuance of a Special Use Permit. The Permit is being requested to allow placement of a wireless telecommunications antenna on the City Water Tower. St. Joseph Code of Ordinance 58.3. The construction and maintenance of a commercial tower shall be permitted within the following zoning classifications, pursuant to a conditional use permit granted in accordance with the Zoning Ordinance. Amatear radio, television towers and exempted dishes shall not require a Conditional Use Permit. Subd. 4. General Business. Building Mounted Antennas, Exempted Dishes and antennas not attached to a tower. St. Joseph Code of Ordinance 58.11 states the placement of a wireless telecommunication antennas on roofs or walls of existing buildings or structures shall be approved by the City as a conditional use permit proved that the antennas meet the requirements of this Ordinance. The request has been submitted by USWest Wireless LLC. 426 N. Fairview, St. Paul, MN 55104. Notice of this matter was duly served and published. In consideration of the information presented to the Planning Commission and its application to the I Comprehensive Plan and Ordinances of the City of St. Joseph, the Planning Commission makes the following findings: The proposed use is consistent with the standards for a Special Use Permit as stated in St. Joseph Code of Ordinances 52.8 SubdA. (a-k). with the exception of (a) and (d). Therefore, based on the findings above, the Planning Commission makes the following recommendation: Approve the Special Use Permit as requested, with the following conditions: I. The City Council research and study the impact to the health and welfare of the public I by placing antennas on the water tower as proposed by US West Communications. Specifically, the Planning Commission wishes to have the City Council address items (a) and (d) of the St. Joseph Code of Ordinance 52.8, Subd. 4. Chair Klein closed the heming at 8:35 p.m. Approval of Minutes: Kalinowski made a motion to approve the January 5, 1999 minutes of the Planning Commission. The motion was seconded by Graeve and passed unanimously by those present. Other Business: Carlson presented dates for a planning and zoning workshop at the Best Western Kelly Inn on April 29, 1999. The following members of the Planning Commission requested approval by the City Council to attend this workshop: Kalinowski, Graeve, Utsch and Carlson. Niedenfuer presented information to the Planning Commission on the Healthy Communities Project sponsored by the Central Minnesota Initiative Fund. Niedenfuer encouraged the members of the Planning Commission to attend the upcoming meeting on April 7th and 8th and will present additional information at a later date. Adjourn: The meeting was adjourned by consensus at 8:45 p.m. Chad Carlson {~Æ-- I Secretary to the Planning Commission I