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111709 pl mn CITY OF SHOREWOOD COUNCIL CHAMBERS PLANNING COMMISSION MEETING 5755 COUNTRY CLUB ROAD TUESDAY, 17 NOVEMBER 2009 7:00 P.M. MINUTES CALL TO ORDER Chair Geng called the meeting to order at 7:00 P.M. ROLL CALL Present: Chair Geng; Commissioners Arnst, Gagne, Hasek, Hutchins, Ruoff and Vilett; Planning Director Nielsen; and Council Liaison Turgeon Absent: None APPROVAL OF MINUTES  6 October 2009 Gagne moved, Hutchins seconded, Approving the Planning Commission Meeting Minutes of 6 October 2009 as amended in Roll Call change “Absent: None” to “Absent: Commissioner Hutchins”. Motion passed 7/0. 1. 7:00 P.M. PUBLIC HEARING – C.U.P. - TELECOMMUNICATION FACILITIES Applicant: Clear Wireless, LLC Location: 26352 Smithtown Road (Minnewashta Water Tower) Chair Geng opened the Public Hearing at 7:00 P.M., noting the procedures utilized in a Public Hearing. He explained items acted upon this evening would be placed on a November 23, 2009, Regular City Council meeting agenda for further review and consideration. Director Nielsen stated Christopher Coughlin, representing Clear Wireless, LLC (Clearwire), has applied for three conditional use permits (C.U.P.) to install telecommunications facilities at three locations in the City. Site 1 is the Minnewashta Water Tower site located at 26352 Smithtown Road. Site 2 is the Southeast Area Water Tower site located at 5500 Old Market Road. Site 3 is a private property located at 24285 County Road 19. Sites 1 and 2 are located in R-1A, Single-Family Residential zoning districts. Site 3 is located in a C-1, General Commercial zoning district. Because the rules for the sites are the same and issues associated with each site are similar he stated he will discuss the three applications at the same time. Nielsen explained in all three applications the applicant proposes to mount three panel type antennas and three “backhaul” antennas as well as place a small array of ground equipment on each site. On Site 1 the antennas will be mounted on the stem of the water tower approximately 120 feet high. The ground equipment will be located between the two equipment shelters on the site. On Site 2 the antennas will be mounted on the stem of the water tower, approximately 90 feet high. The ground equipment is proposed to be located on the east side of the base of the water tower. On Site 3 the equipment will be located on an CITY OF SHOREWOOD PLANNING COMMISSION MEETEING 17 November 2009 Page 2 of 9 existing monopole, approximately 125 feet high. The ground equipment will be located within an existing equipment compound at the base of the existing monopole. Nielsen displayed the site configurations for each of the three locations noting where the antennas and ground equipment will be located. With regard to the analysis of the case, Nielsen explained Telecommunications facilities are governed by the Telecommunications Act of 1995. The City’s regulations are consistent with the Federal requirements. These regulations are found in Section 1201.03 Subd. 21 of the City Code. The City Code suggests any new telecommunications carriers should be located on existing towers (i.e., City water towers) wherever possible before constructing additional freestanding towers. Although much of the current Code addresses new, freestanding tower sites, there are several provisions that are relevant to location of facilities on existing towers. Those provisions are as follows. 1. Finish – The proposed antennas must be finished to match the color of the existing water tower. 2. Proposed Ground Facilities –On Sites 1 and 3 the ground equipment would be very well screened from view. On Site 2 the equipment would be visible from the east (Old Market Road). The topography and an existing easement precludes locating the facilities on the south or west side of the tower where it would be less visible. The applicant has proposed to plant a double row of Black Hills Spruce trees on the east side of the driveway to the site to mitigate the visibility issue. The trees should be a minimum of six feet in height and they should be planted no later than 1 June 2010. A condition of approval is the applicant must submit a letter of credit for one and one-half times the bid price for the plantings. The letter should extend at least to 30 June 2011 to ensure the plants survive into the next growing season. 3.Fencing – On Sites 1 and 3 the ground equipment would be located within existing fenced compounds. No security fencing is proposed for Site 2 because the newer ground equipment is housed in secure, free-standing metal cabinets. 4. Landscaping – Landscaping is not an issue for Sites 1 and 3. Landscaping for Site 2 is addressed under proposed ground facilities above. 5. Stealth – Locating antennas on existing towers or water towers is undoubtedly less visually obtrusive than building new freestanding towers. 6. Evaluation and Monitoring – City Code requires initial and ongoing monitoring of FCC radiation emission requirements. The City’s standard lease agreements between telecommunications carriers and the City provide for annual monitoring and, if necessary, testing. The City uses Owl Engineering for such work. A condition of approval is the antenna installation is subject to the review, recommendations and approval of Owl Engineering. 7. Engineering – The City Engineer has reviewed the plans and offered some recommendations regarding structural and operational issues. CITY OF SHOREWOOD PLANNING COMMISSION MEETEING 17 November 2009 Page 3 of 9 Nielsen stated Staff recommends approval of the three conditional use permits subject to the following conditions. 1. The recommendations of the City Engineer with respect to structural and operational issues. (The City Engineer has an outside firm do the structural analysis to make sure the equipment doesn’t damage the City’s tower.) 2. The applicant must enter into the City’s lease agreement including provisions for annual monitoring. 3. The applicant must submit a bid for landscaping on Site 2. The City should require a letter of credit or cash escrow for one and one-half times the amount of the bid and extending to at least 30 June 2011. Director Nielsen noted Chuck Beisner, representing Clearwire, was present this evening to answer any questions the Planning Commission may have. In response to a question from Commissioner Hasek, Director Nielsen explained the current lease rate for water tower space is $1500 per month per antenna array (up to nine antennas). Hasek asked if Clearwire had any desire to plant the trees this fall. Mr. Beisner stated construction will not be started until the end of the year. Hasek stated he thought it was very nice of Clearwire to offer to plant trees at Site 2, noting the trees will hide other equipment already there. In response to a question from Commissioner Gagne, Director Nielsen explained that if telecommunications companies go out of business their equipment is usually taken down. Commissioner Gagne stated when the first antennas were put up on the Southeast Area Water Tower the intent was to escrow the revenues from leasing tower space and use it for maintaining the towers. He has been told that the revenues from tower space rentals go into the General Fund. Director Nielsen stated he thought that was correct. Nielsen commented some rental funds had been used to purchase the Gideon Glen site. Nielsen explained the Southeast Area Water Tower was painted recently and the telecommunications companies had to take their equipment down and put it back up at their expense and put up a temporary unit for a while. The cost of the painting came out of the Water Fund. Gagne stated because the space on the towers has been commercialized he thought the revenues from the lease should go toward maintaining the towers. He asked that this be communicated to Council. Council Liaison Turgeon stated she doesn’t remember lease revenues being used to purchase Gideon Glen. She also stated she would be happy to research the use of the revenues further. In response to a question from Commissioner Ruoff, Director Nielsen stated he was not sure which tower had the most antennas on it. In response to another question from Ruoff, Nielsen explained the lease is a 20-year lease that must be renewed every five years. In response to another question, Nielsen explained the telecommunications company pays for the electromagnetic frequency testing of their equipment both initially and annually. In response to a question from Commissioner Ruoff, Mr. Beisner explained Clearwire’s equipment is used to transmit data. Its main competitor is Comcast. Clearwire’s plan is to install its equipment on 500 sites in this market. CITY OF SHOREWOOD PLANNING COMMISSION MEETEING 17 November 2009 Page 4 of 9 Commissioner Hutchins asked if the Lake Minnetonka Communications Commission had any exclusivity agreement with MediaCom. Council Liaison Turgeon thought that would only be for the televising of public meetings. Seeing no one present wishing to comment on this case, Chair Geng opened and closed the Public Testimony portion of the Public Hearing at 7:26 P.M. Hasek moved, Arnst seconded, recommending approval of a conditional use permit for Clearwire Wireless, LLC to locate telecommunications facilities at 26352 Smithtown Road on the Minnewashta Water Tower site subject to Staff recommendations. Motion passed 7/0. Chair Geng closed the Public Hearing at 7:26 P.M. 2. 7:10 P.M. PUBLIC HEARING – C.U.P - TELECOMMUNICATION FACILITIES Applicant: ClearWireless, LLC Location: 24285 Smithtown Road (Co. Rd. 19 Monopole) Chair Geng opened the Public Hearing at 7:26 P.M. This conditional use permit application was discussed as part of Item 1. Seeing no one present wishing to comment on this case, Chair Geng opened and closed the Public Testimony portion of the Public Hearing at 7:26 P.M. Hasek moved, Gagne seconded, recommending approval of a conditional use permit for Clearwire Wireless, LLC to locate telecommunications facilities at 24845 Smithtown Road on a monopole on private property subject to Staff recommendations. Motion passed 7/0. Chair Geng closed the Public Hearing at 7:27 P.M. 3. 7:15 P.M. PUBLIC HEARING – C.U.P. - TELECOMMUNICATION FACILITIES Applicant: ClearWireless, LLC Location: 5500 Old Market Road (S.E. Area Water Tower) Chair Geng opened the Public Hearing at 7:28 P.M. This conditional use permit application was discussed as part of Item 1. Seeing no one present wishing to comment on this case, Chair Geng opened and closed the Public Testimony portion of the Public Hearing at 7:28M. Commissioner Arnst asked who will be responsible for watering the trees at Site 2. Director Nielsen explained the applicant will be responsible for doing that the first two years and then it becomes the City’s responsibility. Arnst moved, Hutchins seconded, recommending approval of a conditional use permit for Clearwire Wireless, LLC to locate telecommunications facilities at 5500 Old Market Road on the Southeast Area Water Tower site subject to Staff recommendations. Motion passed 7/0. Chair Geng closed the Public Hearing at 7:30 P.M. CITY OF SHOREWOOD PLANNING COMMISSION MEETEING 17 November 2009 Page 5 of 9 4. DISCUSS PROPOSED LAND USE TEXT FOR COMP PLAN Director Nielsen stated just prior to the meeting he had distributed a copy of proposed text Staff recommends be added to the City’s Comprehensive Plan to address some of the comments made by the Metropolitan (Met) Council. The proposed text would fit in under Land Use/Zoning Changes in the Comprehensive Plan. He asked if the Planning Commission wanted to take a short break to review the text. The proposed text distributed follows. “The Metropolitan Council’s Regional Development Framework policy standard for sewered residential development density in an overall average minimum of three units per acre for new development and five or more units per acre for redevelopment and infill in “Developed” communities – with higher densities expected in locations with convenient access to transportation corridors and adequate sewer capacity. Given the extent and pattern of existing development in Shorewood very little opportunity exists to achieve higher densities. This is compounded by the fact that only half of the city has municipal water service and existing streets are not designed for higher traffic volumes that would accompany higher density housing. Nor does the area have adequate mass transit to support higher density. There are, however, a couple of potential redevelopment locations that could support some sort of higher density housing. The site currently occupied by Xcel Energy on County Road 19, if redeveloped, may be suitable for higher density housing or some sort of mixed use development, combining residential and nonresidential activities. This site could yield as many as 29 to 49 residential units. Similarly, and likely sooner, the northwest quadrant of Smithtown Crossing is viewed as being an excellent redevelopment project. Again, a mixed use approach to that area could yield as many as 24 to 40 units, depending on the type of housing proposed. These two sites have the potential to attain the average minimum sought by the Metropolitan Council when combined with lower density infill development over the next several years.” Chair Geng recessed the meeting at 7:31 P.M. Chair Geng reconvened the meeting at 7:35 P.M. Director Nielsen stated during its 6 October 2009 meeting the Planning Commission and Staff discussed comments made by the Met Council relative to the City’s Comprehensive Plan (Comp Plan). Many of the comments were technical in nature or required minor revisions. The comments about land use density and housing affordability warranted some policy discussion. If the City were to take the Met Council’s comments about density exactly as stated the City would have to require a minimum of three units per acre for new development, and a minimum of five units per acre for redevelopment and infill. That is higher than what the City’s Zoning Code requires. th Nielsen explained Staff has met with Met Council representatives since the October 6 meeting. The representatives appear to have understood that if the City has an area zoned for half acre lots that the City’s not expected to require five houses be built on the lot. The representatives appeared to be willing to allow the City to have a land use plan that would allow lower density development that could be averaged out with higher density development. They also agreed that the “potential” for higher densities was adequate for their purposes. This is important because the market will dictate somewhat how a property is redeveloped. Nielsen then explained Staff has identified two areas that could possibly be redeveloped with a higher density residential component. The Comp Plan already indicates that if the area where Xcel Energy is CITY OF SHOREWOOD PLANNING COMMISSION MEETEING 17 November 2009 Page 6 of 9 located is redeveloped it could be a mixed use development with a higher density residential component. He does not foresee Xcel energy leaving the site for quite some time. The second area is the northwest quadrant of the County Road 19 and Smithtown Road intersection which is primarily zoned commercial currently. The City’s Ordinance could be amended to allow for mixed use redevelopment. th Nielsen went on to explain that during the October 6 meeting Staff had suggested senior housing could make sense for the higher density residential developments because there will be an increasing market for senior housing in the future. The Planning Commission indicated it did not want the Comp Plan to be that specific before it did some additional study. The text does not say it will be senior housing; it says some sort of higher density housing. The densities are consistent with what the Code allows for senior housing. If one of the properties were to be zoned R-3, Multiple Family Housing six units to the acre could not be achieved. The only thing that will currently achieve the required level of density is senior housing. The Met Council wanted a range of residential units that could potentially come out of the two sites. For the Xcel site it could potentially be as many as 29 – 49 units. For the northwest quadrant it could potentially be as many as 24 – 40 units. With regard to affordable housing, Nielsen stated the Comp Plan will just acknowledge the Met Council’s goal of 53 units within the 2011 – 2020 period. The City is not committing to that. He thought senior housing is the best way to achieve that affordability. th Nielsen stated his goal is to submit the revisions to Met Council by November 30. He asked the Planning Commissioners if they were comfortable with the proposed text as written. Commissioner Hasek asked what constitutes affordable housing. Director Nielsen stated an affordable unit is valued at $160,000 or less. Chair Geng commented he was aware of minimum care assisted living facility where the yearly rental cost is approximately $40,000. He thought that would fall within the affordability limit. Director Nielsen stated that amount of money is much higher than what is allowed for affordable rent. Some combination of senior apartments and senior care facility might be able to achieve affordable housing. Geng stated the senior apartments in the City of Spring Park rent for $1,200 - $1,500 per month. Commissioner Arnst asked if the affordable housing factor is based on the value of the unit when it was constructed or can it apply to existing small homes. Director Nielsen stated existing older, small homes can count toward affordable housing. He noted the Comp Plan states the City wants to preserve some of those types of homes, but there are few of them. He commented that the City of Minnetonka is buying some of the less expensive homes in that city, and then it sells the house to someone at an affordable rate while keeping control of the land. The agreement between Minnetonka and the buyer is such that the buyer can only sell the house for a certain percent above their purchase price. This program may be worthwhile but it doesn’t do much to achieve affordable housing numbers. Director Nielsen stated once an affordable house is built it usually doesn’t stay classified as such for long. For example, when Shorewood Ponds project was approved it was to have affordable housing but the units were out of the affordable range by the time the first units were sold. Commissioner Hutchins stated he thought it was unfortunate the Met Council was placing so much emphasis on affordable housing. He explained high density facilities are the most over built residential units today. He commented that he is aware of condominiums being sold for substantially less than what it cost to construct them. CITY OF SHOREWOOD PLANNING COMMISSION MEETEING 17 November 2009 Page 7 of 9 Director Nielsen stated the Met Council had indicated its not out to change the character of the City which is 95 percent developed. In response to a question from Commissioner Arnst, Director Nielsen explained the Met Council has more leverage with developing cities that need the sewer system expanded into the community. It has little leverage with the City. Hasek moved, Arnst seconded, accepting the proposed text be added to the Comprehensive Plan under Land Use/Zoning Changes. Motion passed 7/0. 5. DISCUSS ONLINE COUNCIL PACKETS FOR COMMISSION LIAISONS Director Nielsen stated this may be a moot point now. He explained Council at one time had discussed going to electronic copies of the Council meeting packet. Councilmembers, Staff and liaisons to the meetings would all have laptops to access the packets. When this agenda was prepared his intent was to ask the Planning Commission liaisons to Council if they would like to receive the meeting packets electronically. He asked if the Planning Commissioners would prefer using an electronic copy. Commissioner Gagne stated he preferred to have a hardcopy of the meeting packet. Commissioner Hutchins stated at the company he works for an extra net (a separate part of the company’s network) was established to allow the company’s board to electronically access current and archived meeting packets. There was Planning Commission consensus to continue to pick up a hardcopy of the packet prior to entering Council Chambers. 6. MATTERS FROM THE FLOOR There were no matters from the floor presented this evening. 7. DRAFT NEXT MEETING AGENDA Director Nielsen stated the Planning Commission will have its annual variance discussion during the 1 December 2009 Planning Commission study session. Commissioner Arnst asked when the Commission will identify goals and objectives for 2010, to which Director Nielsen responded in January 2010. She asked what the Commission’s goals and objectives are for 2009. Director Nielsen stated he would provide Commissioner Hasek and her with a copy of the Commission’s 2009 work program, noting they were not members of the Commission when the work program was developed. Commissioner Arnst asked how the Commission arrives at its goals and objectives. Director Nielsen stated some of them come from the City’s Comprehensive Plan, some things are identified during the year relating to zoning or the City’s Zoning Ordinance, and some are identified by Council and the Commission. Commissioner Arnst asked if the Commission had input into new ideas for goals and objectives, to which Director Nielsen responded it does. She stated if the Commission doesn’t start to identify its goals and CITY OF SHOREWOOD PLANNING COMMISSION MEETEING 17 November 2009 Page 8 of 9 objectives until January they likely won’t be solidified until March. By that time one-fourth of the year is st already gone. She suggested the Commission start the discussion during the December 1 study session. Nielsen stated he would not have anything prepared for that because he has to concentrate his efforts on finishing the Comp Plan the rest of this month. The Commission could review the 2009 work program. Commissioner Hasek stated he still has not received a copy of the County Road 19 Corridor Study. Director Nielsen stated he would send a copy of the study out to all of the Commissioners. st There was consensus to start the 2010 goals discussion during the December 1 study session. 8. REPORTS • Liaison to Council Commissioner Hasek reported on matters considered and actions taken at the November 9, 2009, Regular City Council meeting (as detailed in the minutes of that meeting). Council Liaison elaborated on the meeting. The Planning Commission recommended the approved resolution asking Hennepin County to improve signage at the trail crossings be forwarded to Hennepin County as soon as possible. th Commissioner Hasek stated he viewed the video recording of the November 9 Council meeting on television, noting he had also attended the meeting. He thought the video recording was very poor and very disjointed, and it appeared that only half of the microphones were on at any one time. He stated it’s important to have the camera on the person who is speaking. He thought if there is something that could be done to improve the recordings from a public standpoint that would be wonderful. He explained that you can’t hear the public if they make a spontaneous comment. Commissioner Arnst commented that when she had watched a recording of a meeting in the new Council Chamber the camera was often on the wrong person. • SLUC Commissioner Hasek gave a report on the Sensible Land Use Coalition program titled “City Confidential: Doing More without Digging Deeper” which was held on October 28, 2009. He stated it would have been an interesting program for every resident in the City to be at. He explained there were three guest speakers; one from the City of Oakdale, one from the City of Plymouth and one from the City of Minnetonka. They were city administrators or of similar position. His summary of the points he took away from the meeting are as follows. Taxes will go up. Federal and state government will not be helping cities as they have in  the past. Politicians are not being realistic when they say taxes will not go up. Cities need to stick to the issues of public safety, health and welfare in a fundamental  way. Services that are not that important need to be cut and cut for good; not a one or two year cut. City staff will have to be condensed because cities don’t have the funds to pay separate  staffs. City staffs and people have to take on more responsibility. CITY OF SHOREWOOD PLANNING COMMISSION MEETEING 17 November 2009 Page 9 of 9 Cities need to consider budgets from the perspective of how they will impact the city and  its residents for the long term. There was an example used of planting trees: trees are planted for future generations. Cities need to think about what is going to happen ten, twenty and thirty years from now. Commissioner Hasek cited an example presented during the program. One city has made the decision to groom and mow the ball fields in that city’s parks weekly rather then three times a week. Parents will have to rake and stripe the fields. That city spends about $200,000 dollars a year to provide that service. Commissioner Arnst asked how the Planning Commission and Council are notified of upcoming SLUC programs. Director Nielsen stated the Commissioners are provided and hardcopy and sent an email. Some of the Commissioners stated they do not receive emails. Arnst suggested City staff forward the agenda of upcoming meetings when the City receives them which is a month in advance. Commissioner Arnst stated the next SLUC the program titled “History, Culture and Secrets of the nd Minneapolis Riverfront” is scheduled for December 2. Linda Mack, a former Star Tribune reporter, will be the guest speaker. • Other Commissioner Gagne asked what the status is of the location of the former carpet store at the northwest quadrant of County Road 19 and Smithtown Road. Director Nielsen stated Heartbreaker purchased the building and he heard it is currently using it for storage. Heartbreaker’s intent is to have office space and storage in the location. Staff is looking at the plans. He noted that there is no longer a pursuit of having a Subway restaurant in that location. Commissioner Ruoff stated some of the new property owners in his neighborhood have had their wells tested for arsenic recently and have found out the level of arsenic in their wells exceed the acceptable threshold levels. He explained that since he had bought his property about eleven years ago the acceptable threshold of arsenic has been lowered. He suggested the City inform residents of this threshold change as a public service. Director Nielsen stated the City has published articles about arsenic in its newsletter and on its website. Commissioner Ruoff stated the parking lot at the Minnewashta Grade School had been expanded and improved a while back. He explained it’s difficult for two large SUV vehicles to pass next to the islands in the parking lot. He suggested the City keep that in mind should the Minnetonka School District want to do any other improvements. 9. ADJOURNMENT Vilett moved, Arnst seconded, Adjourning the Planning Commission Meeting of 17 November 2009 at 8:30 P.M. Motion passed 5/0 RESPECTFULLY SUBMITTED, Christine Freeman, Recorder