HomeMy WebLinkAbout10-02-14CITY OF LAKEVILLE
PLANNING COMMISSION MEETING MINUTES
October 2, 2014
Chair Lillehei called the meeting to order at 6:00 p.m. in the Council Chambers at City
Hall. The pledge of allegiance to the flag was given.
Members Present: Chair Brooks Lillehei, Vice Chair Bob Boerschel, Karl Drotning, Pat
Kaluza, Joe Blee, ex -officio member Nic Stevens
Members Absent: Jason Swenson, Paul Reuvers, Linda Maguire
Others Present: Daryl Morey, Planning Director; David Olson, Community and
Economic Development Director; and Penny Brevig, Recording Secretary
2. Pat Kaluza was sworn in by Recording Secretary (and notary) Penny Brevig as a
Planning Commission member at tonight's meeting. Chair Lillehei congratulated
and welcomed Commissioner Kaluza.
3. Approval of the Meeting Minutes
The September 18, 2014 Planning Commission meeting minutes were approved as
presented.
The September 18, 2014 Planning Commission work session minutes were
approved as presented.
4. Announcements
Mr. Morey stated that the following item was distributed to the Planning Commission
prior to tonight's meeting.
• Amended Resolution for Agenda Item 6, TIF District No. 19
Mr. Morey welcomed Pat Kaluza to the Planning Commission and reminded the
Planning Commission that the October 16th Planning Commission meeting has been
rescheduled to October 23rd
5. Proposed Tax Increment Financing (TIF) District No. 19
Chair Lillehei opened discussion on a resolution finding that the TIF District No. 19
Financing Plan is consistent with the Comprehensive Plan of the City of Lakeville.
Community and Economic Development Director David Olson presented the staff
report. Mr. Olson stated that recently BTD contacted the City and presented plans
for a 200,000 square foot expansion of the Fulford Group Warehouse building
located at 21350 Cedar Avenue. He indicated that BTD has submitted a request for
Planning Commission Meeting Minutes, October 2, 2014 Page 2
Tax Increment Financing (TIF) to assist in the $4,347,147 TIF eligible project costs
associated with the project.
Mr. Olson stated that BTD will retain their existing 215 employees in Lakeville, with
the proposed expansion creating an additional 100 jobs.
Mr. Olson indicated that the City Council reviewed this proposed TIF project at their
September 15, 2014 work session and the EDC reviewed this proposed TIF project
at their August 26, 2014 meeting and both recommended proceeding with the
necessary steps to create a new TIF District for the project.
Mr. Olson stated that only the improvements associated with expansion can be
captured in the TIF District. TIF cannot be used for building construction, but it can
be used for upfront items such as property acquisition, utilities, site grading, etc.
State Statutes require that the City prepare a TIF Plan, which was prepared by
Springsted Inc. and is attached to Mr. Olson's staff report.
Mr. Olson stated that a preliminary plat, rezoning, and comprehensive plan
amendment will be scheduled for a Planning Commission meeting in the near future.
He indicated that staff recommends approval of the proposed TIF District No. 19
resolution.
Mr. Olson indicated that an amended red -lined resolution was distributed at tonight's
meeting, taking into account Chair Lillehei's comments to staff earlier today.
Mr. Olson presented a short Power Point on BTD which explained BTD's
background, what they do, what products they make and for which companies they
make them for.
Chair Lillehei asked for comments from the Planning Commission. Discussion
points included:
• Commissioner Drotning indicated that the BTD expansion project is what a
TIF District is meant for. The proposed project will expand the City's tax
base. He stated that this is one of the few financing tools that our community
has to attract businesses.
Motion was made by, Drotning, seconded by Blee to recommend adoption of the
resolution recommending to the City Council that the Tax Increment Financing Plan
for Tax Increment Financing District No. 19 is consistent with the City's
Comprehensive Plan contingent on the approval of a Comprehensive Plan
Amendment guiding the land use of the property to Industrial and rezoning the
property to 1-2, General Industrial District.
Ayes: Blee, Boerschel, Lillehei, Kaluza, Drotning
Nays: 0
Planning Commission Meeting Minutes, October 2, 2014 Page 3
6. Verizon Wireless
Chair Lillehei opened the public hearing to consider the application of Verizon
Wireless for a Conditional Use Permit to allow the construction of a 75 foot tall
personal wireless service tower and antenna at Lakeview Bank, 9725 —163rd Street.
Rob Viera, representing Verizon Wireless presented a brief overview of their
request. He stated that the goal of erecting this tower is to improve the coverage for
their customers. He indicated that the equipment for the tower will be in the
basement of Lakeview Bank.
Planning Director Daryl Morey presented the planning report. Mr. Morey stated that
Verizon Wireless has submitted an application and plans for a CUP to allow a 60
foot tall personal wireless service (cell phone) antenna and tower. The tower would
have the capability to extend to 75 feet in the future to accommodate co -location of
one additional personal wireless service carrier antenna as required by the Zoning
Ordinance. He indicated that a tower over 75 feet in height would require an Interim
Use Permit.
Mr. Morey stated that the proposed tower and antenna would be located in the
vicinity of the existing flag pole northwest of the Lakeview Bank building. The
existing flag pole will be removed when the new tower and antenna is installed. He
indicated that the antenna is designed to be "stealth", meaning the antenna
equipment will be located inside the hollow tower, with the mechanical equipment for
the wireless service being located inside the bank building. The antenna tower will
be designed so a flag can be raised on the outside of the tower.
Mr. Morey indicated that the City utilized a consultant firm, Owl Engineering, which
has the technical expertise to review the application in relation to the Zoning
Ordinance requirements. A copy of the Owl Engineering report prepared by Garrett
Lysiak and dated September 18, 2014 was included with Mr. Dempsey's planning
report.
Mr. Morey stated that staff recommends approval of the Verizon Wireless
Conditional Use Permit subject to the 4 stipulations listed in the September 26, 2014
planning report.
Chair Lillehei requested additional information on the co -location requirement. Mr.
Morey stated that the co -location requirement is intended to reduce the number of
cell phone towers in the city. In addition, the City encourages locating cell phone
antennas on existing structures such as water towers and existing cell towers.
Antennas that are co -located on an existing structure can be approved
administratively, which is less time consuming and less costly than locating the
antennas on a new tower thereby requiring a conditional use permit and possibly an
interim use permit.
Chair Lillehei opened the hearing to the public for comment.
Planning Commission Meeting Minutes, October 2, 2014 Page 4
Whitey Whitehouse, 9330 17e Street
Mr. Whitehouse's main concerns were:
• The proximity of the tower to the bank building.
• Tower painting and maintenance.
• Since the transmitting, receiving and switching equipment for the tower is
proposed to be in the basement of Lakeview Bank, how it will be accessed during
the hours that the bank is not open.
• Safety of the bank employees due to radiation from the equipment.
• There is no security fence proposed around the tower.
• The tower will act as a lightning rod.
• The Lakeview Bank property is not the appropriate location for a cell tower.
Motion was made by Blee, seconded by Boerschel to close the public hearing
at 6:51 p.m.
Ayes: Boerschel, Lillehei, Kaluza, Drotning, Blee
Nays: 0
Chair Lillehei asked for comments from the Planning Commission. Discussion
points included:
• Commissioner Drotning asked the City's consultant, Mr. Lysiak, to explain the
amount of radiation that is produced by these types of cell antenna towers.
Mr. Lysiak explained that when he prepares his evaluation, he assumes the
worst case analysis that the antennas are operating at maximum licensed
power. He indicated that he was able to determine that the maximum level of
RF radiation reaching the ground at the tower base is less than 25 percent of
the ANSI standard value and, therefore, is not classified as an RF radiation
hazard. Even with an additional user on the tower, the RF radiation would still
be within the FCC standards. He stated that the hazard level approximately
is 18 inches directly in front of the antenna. As you move away from the
antenna, the power level drops off dramatically.
• Mr. Lysiak stated that, in addition to the distance of the bank building from the
antennas and the fact that the bank building is not located directly in front of
the antennas, additional power is lost through the walls of the building;
therefore, the radiation to workers in the bank building will be well within FCC
standards. He stated that a wireless router located in the bank office area
would have a greater impact on the bank workers than the proposed cell
antennas. Mr. Lysiak stated that the energy from the equipment in the bank
building is contained and will not present a health concern to the bank
workers.
• Commissioner Boerschel asked Mr. Lysiak to explain the coverage map
contained in his report.
• Commissioner Drotning stated that according to the planning report and the
consultant's report, this request meets safety requirements and complies with
federal radiation requirements. Commissioner Boerschel asked if the
Planning Commission Meeting Minutes, October 2, 2014 Page 5
proposed antennas could be located on the future water to be constructed at
190th Street and Holyoke Avenue in 2015. Mr. Viera responded that the
future water tower site is too far away to fill the coverage gap in this area of
the city.
• The Planning Commission asked if the proposed tower meets setback
requirements. Mr. Viera stated that the tower is designed to collapse upon
itself and would fall within the subject property in compliance with Zoning
Ordinance requirements.
• The cell tower color and maintenance was discussed. Mr. Morey stated the
Zoning Ordinance requires the tower to be a non -contrasting color, such as
brown. Regarding maintenance, the City has the ability under the Zoning
Ordinance to make sure the cell company paints the tower if this type of
maintenance is needed.
• Confirmed that there is no Zoning Ordinance requirement that the equipment
be located next to the tower.
• Chair Lillehei confirmed that there is no fence requirement in the Zoning
Ordinance.
• Commissioner Boerschel asked how Verizon will gain access to the
equipment. Mr. Viera indicated that their lease with the bank provides
access to the equipment at times when the bank is not open by contacting the
bank owner.
• Mr. Morey thanked Mr. Lysiak for attending tonight's meeting. His experience
and expertise on this subject was invaluable. He indicated that future cell
antenna tower applications will also include this analysis.
Motion was made by Drotning, seconded by Blee to recommend to City Council
approval of Conditional Use Permit to allow the construction of a 75 foot tall personal
wireless service tower and antenna at Lakeview Bank in the C-1, Neighborhood
Commercial District, located at 9725 — 163rd Street, subject to the following 4
stipulations:
1. The personal wireless service antenna shall comply with the requirements of
Section 11-30-3 of the zoning Ordinance.
2. The personal wireless service antenna shall not exceed 75 feet in height and
shall be constructed in the location shown on the plans approved by the City
Council.
3. A building permit shall be required prior to construction of the tower.
4. When the antenna tower is no longer used for personal wireless services, the
tower shall be removed within one year of the discontinuance of the use.
Ayes: Lillehei, Kaluza, Drotning, Blee, Boerschel
Nays: 0
Planning Commission Meeting Minutes, October 2, 2014 Page 6
7. Jeff Belzer's
Chair Lillehei asked for a motion to table Agenda Item 7 at the request of the
applicant.
Motion was made by Drotning, Seconded by Boerschel to table Agenda Item 7,
Jeff Belzer's CUP, at the request of the applicant.
Ayes: Kaluza, Drotning, Blee, Boerschel, Lillehei
Nays: 0
There being no further business, the meeting was adjourned at 7:30 p.m.
Respectfully submitted,
ATTEST:
Brooks Lillehei, Chair