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Home My WebLink About02-03-2009 CCMLAKE ELMO CITY COUNCIL MINUTES FEBRUARY 3, 2009 1 MINUTES APPROVED: February 17, 2009 City of Lake Elmo City Council Minutes February 3, 2009 Mayor Johnston called the meeting to order at 7:00 p.m. Present: Mayor Johnston and Council Members DeLapp, Emmons, Park and Smith Also Present: Planning Director Klatt, City Attorney Filla, City Engineer Griffin, Finance Director Bouthilet, City Administrator Dawson and City Clerk Lumby APPROVAL OF AGENDA: MOTION: Council Member Smith moved to approve the February 3, 2009 City Council agenda as presented. Council Member Park moved to second the agenda. The motion passed unanimously. ORDER OF BUSINESS: GROUND RULES: APPROVED MINUTES: The January 20, 2009 minutes were approved by consensus. PUBLIC COMMENTS/INQUIRIES: Heather Noyes, Lake Elmo Jaycees, introduced herself as the 2009 President and gave an update on its success in 2008. CONSENT AGENDA: MOTION: Council Member Park moved to approve the Consent Agenda as presented. Council Member Smith second the motion. The motion passed unanimously. Approve payment of disbursements and payroll in the amount of $106,907.57 Approve agreement wit Molly Krakowski to serve as the Income Determination Consultant for the CDBG Gas Line Replacement Project Accept donations for the Fire Department’s Polaris Ranger LAKE ELMO CITY COUNCIL MINUTES FEBRUARY 3, 2009 2 REGULAR AGENDA: Consider request from the St. Croix Valley Community Foundation The City Council was asked to fund an art survey done in the greater St. Croix Valley communities. The purpose of this study is to explore the viability of creating or sharing space to meet the need of cultural organization in the region and satisfy the growing needs of the cultural community. MOTION: Council Member Park moved to approve the request for funding ($1,844 based on a per capita formula) by the St. Croix Valley Foundation. Council Member Emmons second the motion. The motion passed 4-1 (Council member DeLapp voting against the motion). Appoint commissioners to existing vacancies on the planning and park commissions The City Council was asked to make appointments to the Planning Commission and to the Parks Commission. Current Commissioners Mark Deziel (term expired 12/31/08) and Jennifer Pelletier (term expires 1/31/09) have not reapplied for another term. Commissioner Ben Roth (term expires 12/31/11) has resigned resulting in the vacancy of three Full-Voting Member positions. Commissioner Bob Helwig applied for a 1-year term (new Term expires 12/31/09) and Julie Fliflet applied for a 3-year term as Full Voting Members. The following candidates were interviewed. Joan Ziertman, Larry Green, Todd Williams, Steve Britz, Tom Bidon and Saleh Van Erem. Planning Commission: MOTION: Council Member DeLapp moved to appoint Julie Fliflet and Bob Helwig and move the First Alternate Todd Ptacek and Second Alternate Mike Pearson to Full-voting members for 3-year terms on the Planning Commission. Council Member Emmons second the motion. MOTION: Council Member Smith moved to amend the motion to reappoint Julie Fliflet to a 3-year term and move the First (Ptacek) and Second (Pearson) Alternates to Full- Voting members for 3-year terms on the Planning Commission. Council Member Park second the motion. The motion passed 3-2 (Council Members DeLapp and Emmons voting against the motion). LAKE ELMO CITY COUNCIL MINUTES FEBRUARY 3, 2009 3 MOTION: Council Member DeLapp moved to reappoint Julie Fliflet to a 3-year term and move First Alternate Todd Ptacek to finish Ben Roth’s term and Second Alternate Mike Pearson to Full-Voting Members for 3-year terms on the Planning Commission. Council Member Emmons second the motion. The motion passed unanimously. MOTION: Council Member Park moved to consider Bob Helwig with the pool of the six candidates. Council Member Smith second the motion. The motion passed 3-2 (Council Members DeLapp and Emmons voting against the motion). MOTION: Council Member DeLapp moved to amend the motion to consider Bob Helwig separately rather than in the candidate pool. Council Member Emmons second the motion. The motion failed 2-3 (Mayor Johnston and Council Members Park and Smith voting against the motion). Council Member DeLapp suggested voting by a show of hands instead of voting by paper ballots so the public can immediately see the vote. MOTION: Mayor Johnston moved to follow the past practice of the established voting procedure using paper ballots. Council Member Park second the motion. The motion passed 4-1 (Council Member DeLapp voting against the motion). The Council voted by paper ballot and the following were appointed to the Planning Commission: Saleh Van Erem appointed as a Full-Voting Member for a 3-year term, Joan Ziertman as a Full-Voting Member for a 1-year term (finishing off Bob Helwig’s term), Tom Bidon as First Alternate and Steve Britz as Second Alternate. Park Commission: MOTION: Council Member Smith moved to reappoint Rolf Larson to a 3-yer term as a Full-Voting Member on the Park Commission. Council Member Park second the motion. The motion passed unanimously. Final action related to a wireless telecommunications tower permit for 9057 Lake Jane Trail N. Planning Director Kyle Klatt reported the City Council was being asked to take final action on the proposed wireless communications tower permit submitted by FMHC Corporation and the property owners Dan and Jean Olinger to install a new communications tower at 9057 Lake Jane Road North. A letter from FMHC was received clarifying T-Mobile’s position concerning its willingness to revise the final design and height of the tower. The applicant refused to allow the City additional time for making a decision on the application. Based on the Council authorization on January 28, 2009, the City engaged the services of The Center for Municipal Solutions to perform a review of the application and the City’s LAKE ELMO CITY COUNCIL MINUTES FEBRUARY 3, 2009 4 draft findings. CMS provided its report to the City on Monday afternoon (February 2nd) that in its opinion the need for this facility, the height and the location had not been justified as required in the City’s ordinances to minimize adverse visual effects of towers, antennae or accessory equipment. The report and draft resolutions were made available to the Council at the meeting. Pat Conlin, FMHC representative, sent an email refuting CMS claims stating the information provided from Richard Comi, CMS, did not reflect the amount of information or specifics that have been provided to City staff and the Council through the application review period. Mark Holm, T-Mobile, 8000 W. 78th St., Edina, stated the 110-foot tower compromise proposal is as low as it can go to cover the entire Lake Jane area. A 90-foot tower would not work. T-Mobile could design the tower for additional canisters to hold additional carriers. Joe Kiesling, 9359 Jane Road N., said he was in favor of the tower because the cell phone coverage is terrible. He pointed out there are other cell phone towers along Hwy 36 from Hilton Trail to Lake Elmo Avenue that are not noticeable now because they have been there for a while. Justin Bloyer, 8881 Jane Road N., spoke in favor of the tower. Tom Mechelke, 9090 Jane Road N., agreed with the CMS recommendation. Chris Cunningham, 9385 Lake Jane Trail, said she live in a dead zone and has to run to the end of her driveway to pickup a call. She asked the Council to approve the application. Jim Blackford, 9765 45th Street N., stated the City is not against cell phone towers, but the City needs them in the right places with the right designs so they don’t impair views in the City. Council Members DeLapp, Emmons and Smith agreed that the visual aesthetics of a 125- foot tower was a high priority. They wanted to understand what the true needs are and wanted documentaton of those needs. Mayor Johnston stated he thought the City has taken the aesthetic argument to an illogical extreme and had talked to residents who believed that the modified design is perfectly acceptable. The modified design was a 110-foot monopole design that T-Mobile was willing to construct as a compromise. He had a problem with the City taking a business arrangement away from a resident. Mayor Johnston voiced his objections to the hiring of the consulting firm, CMS. LAKE ELMO CITY COUNCIL MINUTES FEBRUARY 3, 2009 5 Council Member Park said no matter why T-Mobile chose the Olinger property, the T- Mobile application conformed to the City’s ordinance. MOTION: Council Member Park moved to exempt T-Mobile from the wireless telecommunication tower moratorium. Council Member Smith second the motion. The motion failed 2-(3 Council Members DeLapp, Emmons and Smith voting against the motion). Planning Director Klatt stated the City would still be willing to work with T-Mobile on a wireless tower application. The City currently has a one-year moratorium in place on such applications, but could have the ordinance revised by this summer. MOTION: Council Member Smith moved to adopt Resolution No. 2009-05, A resolution denying application from T-Mobile for a 125-foot monopole wireless telecommunication tower on property located at 9057 Lake Jane Trail (Olinger Property) with an addition on Page 4, L. acknowledging FMHC submitting a memo in response to the Comi Report (FMHC Responsive Memo). Council Member DeLapp second the motion. The motion passed 3-2(Mayor Johnston and Council Member Park voting against the motion). The meeting was adjourned at 10:37 p.m. Respectfully submitted by Sharon Lumby, City Clerk Resolution no. 2009-05 Deny T-Mobile application for 125-ft monopole tower located at 9057 Lake Jane Trail