City Council - Regular Meetings

July 7, 2020 CITY OF WEBSTER GROVES July 7, 2020 The City Council met this date in a regular session, via Zoom, which was available to the public via teleconference, at 7:39 p.m. Present at Roll Call: Mayor Gerry Welch Councilmember Laura Arnold Councilmember Pam Bliss Councilmember David Franklin Councilmember Emerson Smith Councilmember Karen D. Alexander Councilmember Sarah Richardson A quorum was present. Also present: Mr. Steve Wylie, City Manager Mr. Neil Bruntrager, City Attorney Ms. Katie Nakazono, City Clerk PUBLIC HEARING 630 S. Elm Avenue (Wireless Communications Facility): An Application by ORA Properties LLC for a Conditional Use Permit to Install Nine (9) Cellular Antennas Atop an Existing Light Pole as an Accessory Utility Use at Moss Field at 630 S. Elm Avenue Mayor Welch opened the public hearing, and Mara Perry, Director of Planning and Development, gave a brief presentation on the application [Exhibit A- Copy in City Clerk's office!. This has gone through the Plan Commission. She reviewed the zoning and surrounding properties, as well as existing conditions (See Exhibit A, page 1-2). The request before Council is a conditional use which goes on top of the primary use, which is the public/institutional/community use. She reviewed the history of the site and the process for a Conditional Use Permit (See Exhibit A, page 3-4). She stated that we focus on what we can approve or review to approve at our local level. The other thing that is important to note is that although it goes through a Conditional Use Permit procedure, we have a very specific wireless communications facilities ordinance. That was put in place because changes were made at the state level that were going to allow a very open ability for wireless facilities. She reviewed the staff analysis including use, color, ground equipment, wiring, design, height, landscaping, setbacks, storage, and parking (See Exhibit A, page 5-9). Prior to reviewing staff recommendations, she asked if Council had any questions. Councilmember Franklin asked, who owns the property? Ms. Perry stated that it is school district property, so the lease would be with the school district. Councilmember Franklin asked if we know if the school district has approved the lease yet. Ms. Perry stated that they have signed off on the application before it came to the Plan Commission. July 7, 2020 Councilmember Franklin asked if we have a copy of the lease agreement. Ms. Perry stated that it would not usually be finalized until they receive the CUP. Councilmember Franklin stated that he is more or less just interested in what the school district or City is getting in return for this. Ms. Perry stated that this is not City property, so the City is not getting anything from this lease. It would just be the school district's lease. Councilmember Franklin stated that that makes sense, but it doesn't mean that AT&T can't come through for the City on something. Ms. Perry stated that that would be a legal matter for Neil. Councilmember Franklin stated that he is not looking for a quid pro quo, but this is going into a visible part of the City, right next to the Recreation Complex and where the School District and City host events. It seems reasonable that AT&T would reach out to the City and say we are willing to do x, y, or z. Mayor Welch stated that she thinks that typically there is a payment that comes with these to the school district. Neil Bruntrager, City Attorney, stated that that was correct. But we don't. We have the right to have them meet the zoning requirements, but beyond that we don't have any skin in the game. Councilmember Alexander asked where our consideration for safety comes in? Reading a lot of comments from citizens, is that part of this evaluation at all? Mr. Bruntrager stated that the Federal Communications Act of 1934 is what we look to determine who has control over the placement of cell towers and the components for service. There are specific provisions that talk about what rights of local government are. In section C7 it tells us the rights of the municipality. He read the section 7a. It goes on to limit those powers that it shall not reasonably discriminate or have the effect of prohibiting the provision of wireless services. It also says no state or local government may regulate the placement, construction, or modification of personal wireless service facilities on the basis of the environmental effects of radio frequency emissions. They have said that they are the ones who will set the rules regarding the acceptable level of emissions. If we make a decision that we are not going to approve it, it says we have to put that decision in writing and have substantial evidence in the record. If we approve it and someone is offended by it they do have a remedy. They can go to court and challenge it. This is important because we could potentially see denials all over the place if municipalities could say they don't want those emissions in their neighborhood even if they meet federal standards. Ms. Perry reviewed staff recommendations (See Exhibit A, page 9-10). Applicant Doug Dolan stated that this is an existing 90 foot light pole. We do have a lease agreement with the school district. This is going to be for a 4g site. We did get Plan Commission approval for the site. It is the same type of antennas that are on BJC Hospital, Washington University, St. Louis University, and Mercy Hospital. We operate the site at less than l % of what the FCC allows us to use. These are very safe and provide enhanced communications to the schools and through the E-911 system. This is an existing site from US Cellular. We will use the existing platform. The average resident would have no idea it was there once it is installed. 2 July 7, 2020 Councilmember Bliss asked about the closest existing AT&T tower to the location. Mr. Dolan stated that he doesn't have that information. We have been asked by AT&T to place this site. The typical purpose is coverage and capacity. There is a lot of traffic at this location and it is a key site. Councilmember Franklin asked why this is a 4g and not a 5g. Mr. Dolan stated that 5g is generally used in more urban areas. They are a different type of network on light and utility poles. They have to be placed within a block or two of each other and are on shorter poles. Councilmember Franklin asked if he was able or willing to share what the lease agreement says. Mr. Dolan stated that they have a 25 year term agreement with the school district. We will take ownership of the tower and will be the management company that oversees the tower. Councilmember Arnold clarified the less than I% comment. Mr. Dolan stated that the FCC regulates what spectrum and power levels we can broadcast in. We only broadcast at 1 % or less, so the base of the tower or nearby homes will only get the emf equivalent to a baby monitor. Jennifer Conrad, Deputy City Clerk, read submitted public comments opposed to the cellular tower application from the following (Exhibit B available in the City Clerk's Office): • Darryl Barker • Annie Tierney • Diane Sperber • Patricia Tocco • Robert Workman • Jody Porter • Marissa Zel !er • Claire de Largy • Lauren Bruno • Lindsey Michaud • Sheilah Mitchell • Maggie Taylor Berkowitz • Laura Welch • Christi Rejent • Hannah Bingaman • Catherine Cogorno • Susan Kreig • Joel Bingaman • Amy Layton • Shelly and Edward Huffman Councilmember Franklin asked Mr. Dolan what benefit this brings to the community. Mr. Dolan stated that it brings enhanced coverage and capacity. In many communities, the existing cellular network is not robust enough to handle all of the devices on the network which results in dropped calls and the like. Cell phones are the primary communications source for households in Webster Groves. 3 July 7, 2020 Councilmember Alexander asked if there are other options for locations. Mr. Bruntrager stated that we have control over placement as long as you are not making the decision based on emissions. This is an existing tower that was used in the past (Ms. Perry stated that it was used from approximately 2008-2014). Neil Bruntrager, City Attorney, entered the following into the public record: I. City Plan Commission staff report by Danny Jendusa, Planner, for meeting date June 1, 2020 2. Applicant's Written statement from ORA Properties LLC, received January 7, 2020 3. Applicant's Exhibit A, dated March 2020 4. Letter of Support, John O'Conner, Director of National Communications Coordination Branch, Cybersecurity and Infrastructure Security Agency, dated March 16, 2020 5. Draft Minutes from the June I, 2020 Plan Commission meeting 6. E-mails from the following: • Darryl Barker dated June 14, 2020; June 22, 2020; June 23, 2020; June 25, 2020; June 27, 2020; July 6, 2020 and July 7, 2020 including attached articles and powerpoint • Annie Tierney dated June 14, 2020 and additional response on June 15, 2020 • Diane Sperber dated June 27, 2020 • Patricia Tocco dated July 6, 2020 • Annie Tierney dated July 6, 2020 • Robert Workman dated July 6, 2020 • Jody Porter dated July 6, 2020 • Marissa Zeller dated July 7, 2020 • Claire de Largy dated July 7, 2020 • Lauren Bruno dated July 7, 2020 • Lindsey Michaud dated July 7, 2020 • Sheilah Mitchell dated July 7, 2020 • Maggie Taylor Berkowitz dated July 7, 2020 • Laura Welch dated July 7, 2020 • Christi Rejent dated July 7, 2020 • Hannah Bingaman dated July 7, 2020 • Catherine Cogorno dated July 6, 2020 and July 7, 2020 with attachment • Susan Kreig dated July 7, 2020 • Joel Bingaman dated July 7, 2020 • Amy Layton dated July 7, 2020 • Shelly and Edward Huffman dated July 7, 2020 7. Director of Planning and Development's Powerpoint before the City Council July 7, 2020 8. Chapter 53, the Zoning Code of the City of Webster Groves Mayor Welch closed the public hearing. 4 July 7, 2020 BILL #9125 - FIRST & SECOND READING Councilmember Bliss introduced BILL #9125 - ENTITLED: AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT TO DRA PROPERTIES LLC TO INSTALL NINE (9) CELLULAR ANTENNAS ATOP AN EXISTING LIGHT POLE AS AN ACCESSORY UTILITY FACILITY USE AT MOSS FIELD ON AN APPROXIMATELY 17.30-ACRE TRACT OF LAND AT 630 S. ELM AVENUE IN THE "A4" SEVENTY-FIVE HUNDRED SQUARE FOOT RESIDENCE DISTRICT AND MATTERS RELATED THERETO, and at the Councilmember's request, the Bill was read twice, first and second times by title only, and placed on the agenda for future consideration of the Council. REMARKS OF VISITORS Jennifer Conrad, Deputy City Clerk, read submitted Remarks of Visitors into the record. Submissions were received from: • Hannah Kaufman - (Exhibit C) Concerns regarding Resolution #2020-24. • Joan McGivney - (Exhibit D) - Feedback on pool discussion from last meeting. • Dave Buck - (Exhibit E) - Comments regarding cancellations and other current topics. • Mike Blaes - (Exhibit F) - Concerns regarding Resolution #2020-24. Mayor Welch stated that she did want to make one comment. Since a number of people have brought up the police cars, I should mention that they come out of the Capital Improvement Fund from a quarter-cent sales tax that cannot be shifted to other funds like operations or salaries. NEW BUSINESS - MAYOR, COUNCILMEMBERS, CITY ATTORNEY, CITY MANAGER No New Business. CONSENT AGENDA A motion was made by Councilmember Arnold, seconded by Councilmember Bliss, to approve the Consent Agenda. Mayor Welch called for the vote on the Consent Agenda. MEMBERS VOTING: AYES: ARNOLD, BLISS, FRANKLIN, SMITH, ALEXANDER, RICHARDSON, WELCH NOES:NONE Mayor Welch stated that the Consent Agenda was approved. The following consent agenda was approved: • Approval of Minutes - June 16, 2020 • Resolution #2020-24 - Authorizing the City Manager to Purchase Four New Police Vehicles • Resolution #2020-25 - Authorizing the City Manager to Issue a Purchase Order for the Purchase of Emulsion and Rental of Chip Sealing Equipment, with Operators, for the Annual Chip Sealing Program, and Amending the Budget for FY-2021 • Resolution #2020-26 - Authorizing the City Manager to Issue a Purchase Order for Trap Rock for the Annual Chip Sealing Program, and Amending the Budget for FY-2021 • Resolution #2020-27 - Amendments to the Budget for FY-2021 • Liquor License - Application to Sell Liquor by the Drink for Consumption on the Premises Where Sold, and on Sundays, by The Parkmoor Drive-In, 220 W. Lockwood Avenue 5 July 7, 2020 • Resolution #2020-28 - Authorizing the City Manager to Purchase One (I) Replacement Vehicle for the Parks & Recreation Department APPOINTMENTS TO BOARDS AND COMMISSIONS No Appointments to Boards and Commissions. RECOGNITION - CITY MANAGER STEVE WYLIE The Mayor, City Council and staff, as well as former Councilmembers Debi Salberg, Joan Esserman, Bud Bellomo, Jeanne Kirkton, Toni Hunt, and Frank Janoski recognized City Manager Steve Wylie, who is retiring on July 17, 2020, after nearly nineteen years of service with the City of Webster Groves. Steve received many accolades and well wishes on his retirement -- and he will be missed. EXECUTIVE (CLOSED) SESSION No Executive [Closed] Session. h� ADJOURNMENT There being no further business to come before the City Council, the meeting was adjourned at 9:28 p.m. on motion of the Mayor, duly seconded. PASSED AND APPROVED this :// 5 ':iayof J111.y MAYOR 6 Exhibit A 7/8/2020 July 7, 2020 20-PC-09 630 S. Elm Avenue City Council (Wireless Communication Facility) Bill #9125 Zoning “A4” Seventy-Five Hundred Square Foot First & Second Reading Residence District An Ordinance Granting a Conditional Use Permit to DRA Properties LLC to Install Nine (9) Cellular Antennas Atop an Existing Light Pole as an Accessory Utility Facility Use at Moss Field on an Approximately 17.30-Acre Tract of Land at 630 S. Elm Avenue in the “A4” Seventy-Five Hundred Square Foot Residence District and Matters Related Thereto 1 Exhibit A 7/8/2020 20-PC-09 630 S. Elm Avenue City Council (Wireless Communication Facility) Bill #9125 Zoning: Surrounding Uses First & Second Reading • All : “A4” Seventy Five Hundred Square Foot Residence District • South: Memorial Park & athletic/recreation facilities An Ordinance Granting a • West: Hixson Middle School & Moss Field Conditional Use Permit to DRA Properties LLC to Install Nine (9) Cellular Antennas Atop an Existing Light Pole as an Accessory Utility Facility Use at Moss Field on an Approximately 17.30-Acre Tract of Land at 630 S. Elm Avenue in the “A4” Seventy-Five Hundred Square Foot Residence District and Matters Related Thereto 20-PC-09 630 S. Elm Avenue City Council (Wireless Communication Facility) Bill #9125 Existing Conditions First & Second Reading An Ordinance Granting a Conditional Use Permit to DRA Properties LLC to Install Nine (9) Cellular Antennas Atop an Existing Light Pole as an Accessory Utility Facility Use at Moss Field on an Approximately View from the east View of shelter from the south 17.30-Acre Tract of Land at 630 S. Elm Avenue in the “A4” Seventy-Five Hundred Square Foot Residence District and Matters Related Thereto View of platform from southeast 2 Exhibit A 7/8/2020 20-PC-09 630 S. Elm Avenue City Council (Wireless Communication Facility) Bill #9125 Comprehensive Plan Analysis- First & Second Reading “Public / Institutional / Community” An Ordinance Granting a Conditional Use Permit to DRA Properties LLC to Install Nine (9) Cellular Antennas Atop an Existing Light Pole as an Accessory Utility Facility Use at Moss Field on an Approximately 17.30-Acre Tract of Land at 630 S. Elm Avenue in the “A4” Seventy-Five Hundred Square Foot Residence District and Matters Related Thereto 20-PC-09 630 S. Elm Avenue City Council (Wireless Communication Facility) Bill #9125 Land Use and Zoning History First & Second Reading • Hixson Middle School- 1955 An Ordinance Granting a • Additions in 1990, 1996, & 2020 Conditional Use Permit to DRA Properties LLC to • Moss Field- 1946 Install Nine (9) Cellular • Stadium, lights, track: 1978 to 1984 Antennas Atop an Existing Light Pole as an Accessory • 2004- Variance allows first stealth cell tower at light pole Utility Facility Use at Moss located north of subject light pole Field on an Approximately 17.30-Acre Tract of Land at • 2005- Variance request denied for a second cell tower at 630 S. Elm Avenue in the subject light pole “A4” Seventy-Five Hundred Square Foot Residence • 2008- Permit issued for second cell tower at subject light pole. District and Matters Related No documentation found overturning variance denial. Thereto • 2014- Demo permit issued to remove antennas, radio, and cables from subject light pole, leaving platform in place 3 Exhibit A 7/8/2020 20-PC-09 630 S. Elm Avenue City Council (Wireless Communication Facility) Bill #9125 Conditional Use Permit First & Second Reading Per Sec. 53.173(c), the Council shall determine whether the An Ordinance Granting a proposed wireless communication facility use will not: Conditional Use Permit to DRA Properties LLC to 1. Substantially increase traffic hazards or congestion. Install Nine (9) Cellular 2. Substantially increase fire hazards. Antennas Atop an Existing 3. Adversely affect the character of the neighborhood. Light Pole as an Accessory 4. Adversely affect the general welfare of the community. Utility Facility Use at Moss 5. Overtax public utilities. Field on an Approximately 17.30-Acre Tract of Land at 630 S. Elm Avenue in the “A4” Seventy-Five Hundred Square Foot Residence District and Matters Related Thereto 20-PC-09 630 S. Elm Avenue City Council (Wireless Communication Facility) Bill #9125 Zoning Analysis – Conditional Use Permit First & Second Reading Per Section 53.227(d.), no Conditional Use Permit shall be approved An Ordinance Granting a for a wireless communications facility unless the City Council finds Conditional Use Permit to that the following conditions exist: DRA Properties LLC to 1. That the design of the Wireless Communications Facilities, including Install Nine (9) Cellular ground layout, maximally reduces visual degradation and otherwise Antennas Atop an Existing complies with provisions and intent of this Wireless Code; Light Pole as an Accessory 2. That the design is visually compatible with the area, will not Utility Facility Use at Moss distract from the view of the surrounding area, is maximally Field on an Approximately concealed or blended in with the environment, and will not 17.30-Acre Tract of Land at adversely affect property values; 630 S. Elm Avenue in the 3. That such conditional use shall not be inconsistent or adversely “A4” Seventy-Five Hundred affect the regular permitted uses in the district in which the same is Square Foot Residence located; District and Matters Related 4. and That the proposal fully complies with applicable law including Thereto the General Requirements herein; provided that an exception to the General Requirements, other than building or safety code compliance, may be approved upon evidence that compliance is not feasible or is shown to be unreasonable under the specific circumstances shown. 4 Exhibit A 7/8/2020 20-PC-09 630 S. Elm Avenue City Council (Wireless Communication Facility) Bill #9125 Use - First & Second Reading • Nine (9) cellular antenna atop an existing light standard An Ordinance Granting a at Moss Field as a disguised support structure Conditional Use Permit to DRA Properties LLC to Install Nine (9) Cellular Antennas Atop an Existing Light Pole as an Accessory Utility Facility Use at Moss Field on an Approximately 17.30-Acre Tract of Land at 630 S. Elm Avenue in the “A4” Seventy-Five Hundred Square Foot Residence District and Matters Related Thereto 20-PC-09 630 S. Elm Avenue City Council (Wireless Communication Facility) Bill #9125 Color - First & Second Reading • Per Sec. 53.224, the wireless An Ordinance Granting a communications facility and Conditional Use Permit to disguised support structure DRA Properties LLC to Install Nine (9) Cellular are to be painted a neutral Antennas Atop an Existing color consistent with the Light Pole as an Accessory natural or built environment Utility Facility Use at Moss of the site. Field on an Approximately 17.30-Acre Tract of Land at • The existing structure meets 630 S. Elm Avenue in the this design requirement. “A4” Seventy-Five Hundred Square Foot Residence District and Matters Related • Future owners would not be Thereto allowed to paint or re-clad the structure in a non-neutral color. 5 Exhibit A 7/8/2020 20-PC-09 630 S. Elm Avenue City Council (Wireless Communication Facility) Bill #9125 Ground Equipment - First & Second Reading • Per 53.224, all equipment An Ordinance Granting a servicing the facility must Conditional Use Permit to be contained in a single DRA Properties LLC to Install Nine (9) Cellular shelter with an exterior Antennas Atop an Existing finish compatible with the Light Pole as an Accessory natural built environment Utility Facility Use at Moss of the site. Field on an Approximately 17.30-Acre Tract of Land at • The equipment servicing 630 S. Elm Avenue in the this facility will be located “A4” Seventy-Five Hundred in the existing shelter and Square Foot Residence District and Matters Related will follow this design Thereto requirement. 20-PC-09 630 S. Elm Avenue City Council (Wireless Communication Facility) Bill #9125 Wiring - First & Second Reading • Per Sec. 53.224(e.1), all An Ordinance Granting a wiring to or from ground Conditional Use Permit to mounted antennas or DRA Properties LLC to Install Nine (9) Cellular antenna towers located Antennas Atop an Existing more than five (5) feet Light Pole as an Accessory from the nearest building Utility Facility Use at Moss wall shall be underground. Field on an Approximately 17.30-Acre Tract of Land at • The proposal would 630 S. Elm Avenue in the comply with this “A4” Seventy-Five Hundred requirement. Square Foot Residence District and Matters Related Thereto 6 Exhibit A 7/8/2020 20-PC-09 630 S. Elm Avenue City Council (Wireless Communication Facility) Bill #9125 Design - First & Second Reading • Per Section 53.224(7.C.), An Ordinance Granting a antenna attached to a Conditional Use Permit to disguised support structure DRA Properties LLC to Install Nine (9) Cellular shall be contained within the Antennas Atop an Existing structure. Exposed antenna on Light Pole as an Accessory “crow’s nest” or other visible Utility Facility Use at Moss platforms or extensions are not Field on an Approximately allowed in the General 17.30-Acre Tract of Land at Requirements. 630 S. Elm Avenue in the “A4” Seventy-Five Hundred • The proposal would install the Square Foot Residence District and Matters Related antennas to the existing Thereto platform atop the light standard and therefore does not conform with this requirement 20-PC-09 630 S. Elm Avenue City Council (Wireless Communication Facility) Bill #9125 Design - First & Second Reading • Existing platform remains visible An Ordinance Granting a from prior installation Conditional Use Permit to • Per staff, the proposal will: DRA Properties LLC to Install Nine (9) Cellular • Not significantly increase visual Antennas Atop an Existing degradation Light Pole as an Accessory • Will be visually compatible with Utility Facility Use at Moss existing cellular installations at Field on an Approximately the subject property and 17.30-Acre Tract of Land at adjacent property 630 S. Elm Avenue in the • Will not further distract from the “A4” Seventy-Five Hundred view of the surrounding area Square Foot Residence District and Matters Related • Is maximally concealed or Thereto blended in with the environment • Will not adversely affect property values beyond existing conditions 7 Exhibit A 7/8/2020 20-PC-09 630 S. Elm Avenue City Council (Wireless Communication Facility) Bill #9125 Height - First & Second Reading • Existing light pole is An Ordinance Granting a ninety (90)-ft above Conditional Use Permit to grade DRA Properties LLC to Install Nine (9) Cellular • Antenna proposed to Antennas Atop an Existing extend ninety three Light Pole as an Accessory (93)-ft above grade Utility Facility Use at Moss Field on an Approximately 17.30-Acre Tract of Land at 630 S. Elm Avenue in the “A4” Seventy-Five Hundred Square Foot Residence District and Matters Related Thereto 20-PC-09 630 S. Elm Avenue City Council (Wireless Communication Facility) Bill #9125 Landscaping - First & Second Reading • Per Sec. 53.224, An Ordinance Granting a landscaping or other Conditional Use Permit to screening may be DRA Properties LLC to Install Nine (9) Cellular required around the base Antennas Atop an Existing of a disguised support Light Pole as an Accessory structure if needed to Utility Facility Use at Moss implement an approved Field on an Approximately disguise 17.30-Acre Tract of Land at 630 S. Elm Avenue in the • Landscaping/ screening “A4” Seventy-Five Hundred around base does not Square Foot Residence District and Matters Related appear necessary to Thereto improve disguise of this wireless communications facility 8 Exhibit A 7/8/2020 20-PC-09 630 S. Elm Avenue City Council (Wireless Communication Facility) Bill #9125 Setbacks, Storage, and Parking - First & Second Reading • Per Sec 53.224, disguised An Ordinance Granting a support structures at a Conditional Use Permit to public or private parking DRA Properties LLC to Install Nine (9) Cellular lot may be exempted Antennas Atop an Existing from setbacks, storage, Light Pole as an Accessory and parking Utility Facility Use at Moss requirements. Field on an Approximately 17.30-Acre Tract of Land at • Because the installation is 630 S. Elm Avenue in the proposed upon an existing “A4” Seventy-Five Hundred light standard at Moss Square Foot Residence District and Matters Related Field, it is reasonable to Thereto exempt the proposal from such requirements. 20-PC-09 630 S. Elm Avenue City Council (Wireless Communication Facility) Bill #9125 Staff Recommendations First & Second Reading Should the City Council recommend approval, Staff would recommend the following conditions: An Ordinance Granting a Conditional Use Permit to 1. All provisions of the City Code shall apply except as DRA Properties LLC to expressly modified in this Ordinance #9125. Install Nine (9) Cellular 2. The wireless communications facility shall be constructed to Antennas Atop an Existing appear similar in design and in the location atop the existing Light Pole as an Accessory light standard identified in Exhibit A with a maximum of Utility Facility Use at Moss nine (9) total antenna. Field on an Approximately 17.30-Acre Tract of Land at 3. The wireless communications facility and disguised support 630 S. Elm Avenue in the structure shall be painted a neutral color consistent with the “A4” Seventy-Five Hundred natural or built environment of the site. Square Foot Residence 4. All equipment servicing the facility shall be contained in a District and Matters Related single shelter with an exterior finish compatible with the Thereto natural built environment of the site. 5. The antenna shall be attached flush to the existing platform. 9 Exhibit A 7/8/2020 20-PC-09 630 S. Elm Avenue City Council (Wireless Communication Facility) Bill #9125 Staff Recommendations Continued First & Second Reading Should the City Council recommend approval, Staff would recommend the following conditions: An Ordinance Granting a Conditional Use Permit to 6. The height of the antenna shall not exceed ninety-three DRA Properties LLC to (93)-ft above grade. Install Nine (9) Cellular 7. All wiring connected to the light sources, antenna, and radio Antennas Atop an Existing equipment shall be buried underground or ground- Light Pole as an Accessory mounted. Power shall not be provided to the structure via Utility Facility Use at Moss overhead wiring. Field on an Approximately 17.30-Acre Tract of Land at 8. All necessary permits shall be applied for prior to 630 S. Elm Avenue in the installation and all disturbed areas shall be restored to City “A4” Seventy-Five Hundred standards. Square Foot Residence 9. This conditional use permit is personal to the owner and District and Matters Related shall not run with the land. Thereto 10  --Pub\,c. J.bnni &H-+f%il B c�t , \. n 1,., r July 7, 2020.. 3 ;1 \ °' ..1.1- { +4 '1 � � f/9(' l /'II i11✓ ,.. .,....4 RE: Public Comment, Bill #9125, 07/07/2020 Public Hearing \,/(U H I (.,{U U2,K Dear Webster Groves City Council, Please vote "NO" to Bill# 9125, a conditional use permit to install nine new cellular communications antennas on the vacant tower platform at Moss Field, Hixson Middle School, 630 South Elm, Webster Groves, Missouri, submitted to the city of Webster Groves, by DRA Properties, 343 Kirkwood Road, Box 220130, Kirkwood, Mo. 63122. DRA Properties representative is Mr. Doug Dolan. On page 8 of the Webster Groves City Plan Commission Staff Report dated June 1, 2020 regarding Petition: 20-PC-09 630 S. Elm Ave. (Wireless Communication Facility, it is stated, "This new site will enhance the coverage and capacity of AT&T Mobility in the City while maintaining the aesthetics and community standards of the City." The proposed use is therefore regulated by City Code Section 53.170 which pertains to all Conditional Use Permit requests. Per Sec. 53.173(c), the Council shall determine whether the proposed wireless communications facility use will NOT: l. Substantially increase traffic hazards or congestion. 2. Substantially increase fire hazards. 3. Adversely affect the character of the neighborhood. 4. Adversely affect the general welfare of the community. 5. Overtax public utilities I submit to the Council that, in light of the peer reviewed scientific research that exists and has been openly available to the public for many years, which clearly states that harmful biological effects do in fact occur as a result of both short term and long-term, chronic exposure to non-ionizing, microwave radiation, that the installation of nine new microwave emitting antennas on the proposed Moss Field site will increase radiation levels that are inconsistent with item number four (4) of the above stated Conditional Use Permit requirements. The City Council is charged with the responsibility of ensuring that proposed use will not "Adversely affect the general welfare of the community". To claim that there is no evidence that such harmful health effects exist is a statement made either in ignorance of the facts, or an attempt to conceal the truth. Whereas, I have personally provided substantial evidence to specific Webster City officials, in the form of both peer-reviewed science that shows wireless radiation, including those frequencies utilized by cellular telephone companies, do in fact cause harmful biological effects, as well as video testimony of victims who have suffered from both short term and long term exposure to wireless radiation, it is clear that the Webster City Council must vote "NO" to Bill #9125 for a conditional use permit by DRA Properties, LLC, Kirkwood, Mo. Finally, know that CHILDREN are more vulnerable to harm from cellular telecommunications microwave radiation, and given these nine (9) proposed antennas are to be added to the already proven, biologically damaging radiation levels that currently exist at Hixson Middle School, adding more antennas is surely a move against the general welfare of the community.