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Planning Commission Meeting Minutes June 19, 2007 Page 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Assistant City Manager Moore-Sykes replied she did not have a good answer for that as mostly regulated by FCC and that it would be a good question for the City Attorney. Commissioner Jensen commented there are three locations relative to commercial and institutional/residential locations comparable to the water tower antenna location in that the City made the choice regarding schools, park, and residential; therefore, there really is not a health issue. He stated he believed the City adopted a model code published by the League of Minnesota Cities. Assistant City Manager Moore-Sykes stated the selection of this model is not familiar to her as she was not part of that portion of the code adoption; however, it very well could be that the City adopted the League’s model. Commissioner Jensen asked whether T-Mobile had an opportunity to review the conditions presented to the Planning Commission. He commented that, relative to the conditions, should Minnesota adopt criteria that would render the current equipment in violation of a health frequency, the City could request T-Mobile to upgrade to a safer frequency within a reasonable amount of time. Mr. Beisner responded that in 1996, the government enacted the Telecommunications Act, which took the health issues out of government’s decision. He commented it is the FCC that regulates the frequencies and other conditions. Chair Stromberg stated he believes the ordinance for antennas was adopted in 1999. Assistant City Manager Moore-Sykes not sure when ordinance was adopted replied probably has been added to over time. Chair Stromberg stressed that the applicant has met all the criteria identified in the ordinance. He pointed out the Montessori School location is an anomaly. He stated that given the owner of the shopping center did not alert the tenants of the plan to erect the antenna is pathetic in his opinion; however, it is the City’s responsibility to only notify the property owner. Chair Stromberg stated that given T-Mobile has met the criteria, and is locating the antenna where the City Code allows, the only decision is for the Planning Commission to decide whether to approve or deny the Conditional Use Permit. Motion by Commissioner Jensen, seconded by Commissioner Galyon, to approve a Conditional Use Permit for a Monopole Cell Phone Antenna to be located at 2900 Pentagon Drive meets the conditions and requirements as outlined in City Code Section 1680. Specific conditions as part of the Conditional Use Permit: 1) Camouflaged to meet code requirements; 2) Fencing for equipment; and 3) Proposed tower is not to be illuminated unless required by the FCC and FAA. A friendly amendment by Commissioner Galyon to attach the six findings of fact to include the landscaping except for number six because there were residents in attendance who opposed the proposed tower.