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l LAKE ELMO CITY COUNCiL MINUTES JANUARY 21, 1997 6 M/S/P Dunn/DeLapp - to approve Case No. W97-1 a variance request to front yard setback requirement of 100 feet where 90.2 feet is proposed from Marc Cunningham, 605 Julep Court N., based on the Findings stated in the City Planner's report and the adjacent property owners had no objection. (Motion passed 4-0). D. Ordinance No. 8152, Receiving recommendation and declaring moratorium on communication towers City Planner Terwedo reported the Planning Commission held a public hearing regarding the ordinance placing a moratorium on communication towers at their January 13, 1997 meeting. Representatives from Sprint, Nexell, and APT were in attendance at this meeting. The Commission recommended that the City adopt the ordinance relating to a Development Moratorium on the placement, construction, and modification of wireless telecommunication facilities with the additional language which would include a waiver. Anna Marie Soldberg, SBA, stated Sprint Spectrum has been working with Lake Elmo for the past year and felt the one year term of the moratorium is excessive and would be happy to help submit any information. M/S/P DeLapp/Dunn - to adopt Ordinance No. 8152, as amended, An Ordinance Relating to a Development Moratorium on the Placement, Construction, and Modification of Wireless Telecommunication Facilities and not accept the recommendation from the Planning Commission to allow Waivers because it would open the City up to numerous applications to install towers on property before the City has all the information needed to make a decision. (Motion passed 4-0). E. Planning Update Planner Terwedo provided a current update of applications being processed, applications expected to be submitted and ordinance development. 9. CITY ATTORNEY'S REPORT: (Postpone until end of meeting and call Executive Session to discuss RLK litigation.) 10. CITY COUNCIL REPORTS: None 11. CITY ADMINISTRATOR'S REPORT: A. Sandcreek Agreement Renewal Administrator Kueffner reported last year to comply with the Federal Regulations on Drug Testing of Heavy Equipment Operators, Truck Drivers, etc, the City entered into an agreement with Sandcreek. Sandcreek provides this drug testing through a pool, but also offered an Employee Assistance Program for $750. The Council concluded that having an EAP was a benefit to the City employees. There is no increase in cost for this service and consideration for this service was included in the budget. M/S/P DeLapp/Dunn - to approve renewal of the EAP contract with Sandcreek Group as presented. (Motion passed 4-0). B. Schedule Board of Review - Informational The City received a notice from Scott Hovet, Washington County Assessor, setting April 10, 1997 for the Board of Review in Lake Elmo. The City Administrator emphasized that it is important that as many of the Council possible should attend. A. quorum is a necessity and if the date is