- DRAFT –

SUNFISH LAKE PLANNING COMMISSIONMEETING – FEBRUARY 21, 2018

7:00 P.M. – ST. ANNE’S EPISCOPAL CHURCH


Attendants:

Chair: Tom Hendrickson

Commissioners: Ginny Beckett, Shari Hansen, Alan Spaulding and Shannon Nelson.
City Planner: Ryan Grittman

City Attorney: Tim Kuntz

City Clerk: Cathy Iago

1. CALL TO ORDER: Chair Hendrickson called the meeting to order at 7:00 p.m.

2. ADOPT AGENDA: Chair Hendrickson asked if there were any additions to the agenda and there was no response.

Commissioner Beckett moved to adopt the agenda, seconded by Commissioner Hansen and carried (5-0)

3. APPROVE MINUTES November 16, 2017: Chair Hendrickson asked if there were any additions or corrections to the November 16, 2017 Planning Commission Minutes and there was no response.

Commissioner Hansen moved to approve the November 16, 2017 minutes as presented, seconded by Commissioner Spaulding and carried. (5-0)

4. PUBLIC HEARING: A. SMALL CELL WIRELESS ORDINANCE: Chair Hendrickson open the Public Hearing to consider an Ordinance Amending Chapter 1241.05-1 of the Sunfish Lake City Code to include Small Wireless Facilities as a Conditional Use in the R-1 District and an Ordinance Amending Chapter 1242.02 of the City Code to include Small Wireless Facilities as a Permitted Use in the INS District. He explained that the Commission would be making a recommendation to Council on the two (2) ordinance amendments. He asked if this was a new ordinance or a modification of an existing ordinance.

Attorney Kuntz explained that Council would be considering a new ordinance that regulates right-of-way management for placement of the wireless facilities. He stated that the Commission would review amendments to the Zoning Code that relate to regulating the placement of the wireless facilities in the R-1 and INS Districts and whether or not they would be permitted by Conditional Use Permit or performance standards.

The City Attorney explained that the proposed telecommunication unit would be approximately the size of a small suitcase and could be attached to a structure such as a light pole. He stated the purpose of the placement of these units is to increase the capacity for data amplification. He advised that the initial proposal to allow placement of these units in public right-of-way was met with resistance from Minnesota cities. He explained that the wireless companies pushed for laws that would allow the placement of the wireless units in public right-of-way with no permits or revenue to the cities. He advised that City of Minneapolis owns street lights within their public right-of-way and negotiated with the wireless companies to lease space on the light poles as a revenue source. He commented that most suburban communities may lease the street lights versus owning them.

Attorney Kuntz stated that the League of Minnesota Cities was instrumental in lobbying for cities to have some control over the placement of the wireless facilities and in 2017 the Minnesota Legislature passed laws that allowed cities to do so. He reviewed the following regulations that could be imposed for placement of the wireless facilities in right-of-way:

1. Co-Location Agreement: The City has the authority to adopt rules by Resolution or Ordinance that allows wireless companies to use government owned structures in public right-of-way and to charge a fee for the placement. The League of Minnesota Cities drafted a model agreement for all cities to use for this purpose.

Attorney Kuntz stated that most cities prefer to adopt the co-location agreement by resolution since it would be less cumbersome to change than an ordinance. He commented that this would not be used a lot in Sunfish Lake since the City does not own many structures in public right-of-way, however, the City must have the agreement in place.

2. Right-of-way Management Ordinance: The City does not currently have this ordinance in place and should adopt an ordinance that would govern the use of right-of-way space both above and below ground.

3. Zoning Ordinance Amendments: The Attorney explained the reason for the Public Hearing this evening is to review the proposed zoning ordinance amendments that address where these units may be located and to establish guidelines and restrictions on their use in public right-of-way adjacent to City roads. He stated that the laws passed in 2017 allow cities to regulate the location of small cell wireless facilities as follows:

- Cities must allow small cell wireless facilities to be located in right-of-way that does not abut residential property;

- Cities must allow small cell wireless facilities to be located in Institutional Zoning Districts, but can impose

Performance Standards

- Cities must allow location in public right-of-way but may require a Conditional Use Permit or require they meet

Performance Standards
- Cities may prohibit or allow facilities to be located in private right-of-way adjacent to residential property by

Conditional Use Permit

- Cities may prohibit or allow facilities to be located in private right-of-way adjacent to non-residential property

by Conditional Use Permit

Planner Grittman explained that the proposed Zoning Ordinance amendments presented this evening would regulate the placement of the small cell wireless facilities as follows:

1. Residential District location in public right-of-way requires a Conditional Use Permit to locate in right-of-way abutting

a home;

2 Institutional District location in public right-of-way would be allowed with adherence to Performance Standards; and,

3. Private Property: State passed legislation that allows placement of the small cell wireless facility on private property and allows the property owner to collect a fee,

The Planner explained that the staff recommends not allowing the facilities location on private property by omission from the proposed ordinance. He stated that staff recommends permitting the location in the Institutional District with adherence to Performance Standards.

Attorney Kuntz noted that the Commission does have the option to require a CUP for location in the Institutional District and to also impose the Performance Standards for location. He offered to respond to questions.

Planner Grittman stated that if the Commission preferred to allow the location in the Institutional District under CUP, it would require changing the language in the ordinance amendment as presented this evening.

Chair Hendrickson questioned the proposed language in the ordinance amendment relating to the height of the small wireless facility not exceeding 50 ft. He asked if the height requirement would also apply to the higher light structures in State owned right-of-way that may exceed the 50 ft. height requirement.

Planner Grittman explained that the 50 ft. height requirement was documented in the State Statute and should apply to State owned right-of-way as well as City owned right-of-way.

Attorney Kuntz asked if the Chair was questioning whether or not the unit could be placed on a higher pole but may not be placed higher than 50 ft. on the pole.

The Planner pointed out that originally the companies wanted to place the units at 150 ft., however, the League of Minnesota Cities lobbied to reduce the height to 50 ft.

Commissioner Spaulding explained that the unit is limited to 6 cubic feet in size and should not be visible or obtrusive at the 50 ft. height.

The Planner offered to review language in the State Statute to see if the height limit also applies to State owned structures.
Commissioner Spaulding asked if “broadband service” uses the same equipment or requires separate equipment. He pointed out that the legislation may open the door for Wi-Fi sales through this service.

Planner Grittman explained the language would be interchangeable and the proposed ordinance is mainly aimed at small cell wireless equipment. He agreed that it may be a concern for Wi-Fi sales.

Chair Hendrickson pointed out that the units cannot be located on residential property which would deter the Wi-Fi issue.

Commissioner Beckett asked if the property adjacent to Highway 110, Robert Street and Delaware Avenue would not be subject to installation of structures for the wireless facilities.

Chair Hendrickson explained that most right-of-way in Sunfish Lake abuts private property along those roads and that it would only be open to the properties zoned Institutional that abut those roads. He asked if the Commission preferred to require a Conditional Use Permit for Institutional private property.

In discussion, the Commission agreed that a Conditional Use Permit should be required for Institutional Private Property, but not for Institutional public right-of-way.

Commissioner Spaulding asked why a Conditional Use Permit should be required for Institutional Private Property.

Attorney Kuntz explained that most churches abut residential homes and the CUP would allow the City to determine placement of the structure on the property to limit the negative impact on surrounding properties.

Chair Hendrickson asked the Commission to consider the three documents presented this evening:

1. An Ordinance Amending Chapter 1241.05-01 of the Zoning Code to include Small Wireless Facilities as a Conditional Use in the R-1 District;

2. An Ordinance Amending Chapter 1242.02 of the Zoning Code to include Small Wireless Facilities as a Permitted Use in the INS District; and,

3. To approve the Small Wireless Facility Collocation Agreement.

Planner Grittman stated that he would make the change to Chapter 1242.02 relating to Institutional District Private Property from allowing the Small Wireless Facilities as a permitted use with performance standards, to require a Conditional Use Permit be obtained on Institutional Private Property.

Chair Hendrickson asked if the Commission had any further questions or discussion and there was no response.

Chair Hendrickson noted there were no audience members present for comment and closed the public hearing at 7:45 p.m.

Chair Hendrickson moved to recommend Council adopt the following: 1. An Ordinance Amending Chapter 1241.05-01 of the Zoning Code to include Small Wireless Facilities as a Conditional Use in the R-1 District; 2. An Ordinance Amending Chapter 1242.02 of the Zoning Code to include Small Wireless Facilities as a Permitted Use in the INS District with the language change that requires a Conditional Use Permit for location on Institutional Private Property; and, 3. To approve the Small Wireless Facility Collocation Agreement, seconded by Commissioner Spaulding and carried. (5-0)

ADJOURN: Chair Hendrickson asked if there was any further discussion.

Clerk Iago advised that Council had reappointed Shannon Nelson to serve a three-year term on the Commission.

Commissioner Beckett moved to adjourn the meeting at 7:50 p.m., seconded by Commissioner Hansen and carried (5-0)

Respectfully submitted,

________________________

Catherine Iago, City Clerk