By MaryHelen Swanson

With more and more people going to cellular phones, more and more cell towers are going to be needed to provide continuous service as people move about the county.

But more cell towers are not what many people want in their neighborhoods.

Last week, the request of T-Mobile to construct a 185-foot communications tower was addressed by the county board after receiving a recommendation of approval by the county planning commission (PC).

During the public comment portion of the meeting, two residents in Chisago Lake Township objected to the tower being erected in their neighborhood.

At a May 5 meeting, the county planning commission (PC) concluded that the tower is not related to the overall needs of the county, that there is another tower close by in Washington County that might provide co-location, that a legitimate need for the tower had not been demonstrated, that approval of the tower would not solve the service area gaps and that the towerís appearance would cause an adverse effect to neighbors property. At that meeting they voted to deny the request.

But June 1, T-Mobile was back at the PC meeting with a revised proposal. The new proposal was an attempt to mitigate previous concerns. The new proposal sited the tower in a slightly different location on the same property.

On June 1, T-Mobile said that other towers in the area are already being used or would not provide any additional coverage to the service area.

One of the biggest concerns of the planning commission members as well as area citizens, is the ìneedî for such a tower.

Nancy Schwabe, who spoke during public comment last week, said she has T-Mobile and the service is adequate.

At the June 1 PC meeting, in a written opinion, Assistant Chisago County Attorney Kristine Fuge stated that the a applicant does not need to prove ìneedî. T-Mobileís attorney Peter Beck concurred, saying Minnesota law does not permit the local authority to define ìneed.î

On June 1, the PC approved the tower with 13 conditions including that it have no lights and be painted sky blue.

Last Wednesday, as the issue opened, Commissioner Bob Gustafson moved to place a six-month moratorium on towers countywide.

Commissioner Lynn Schultz seconded it for discussion.

Commissioner Ben Montzka said they could not place a moratorium without a legal reason. Thereís no basis for it, he said.

The discussion ensued whether there was a reason for a moratorium.

Gustafson had issues with the need, saying he was not convinced T-Mobile has shown a need. He said people in the area say they donít need it and he didnít think the state gives them permission to put up towers where they want.

Gustafson received applause from the audience.

But Commissioner Mike Robinson said he understood that the state says companies donít have to show a need.

Environmental Services director Mary Darragh Schmitz then reminded the board they cannot enact a moratorium to block a particular request and that county ordinance does not require a ìneedî either.

A moratorium can only be placed for public health, safety and general welfare in an emergency manner, she noted.

One of the things the county can do is ask for an independent study to determine the most appropriate location for the tower.

Commissioner Schultz requested that T-Mobile work with the county in hiring an engineer to do this study.

She also asked that a waiver be made by T-Mobile in writing to extend the 60-day time period. (The rule says that if the county has not made a determination in 60 days from start of the application, it automatically is approved)

Beck said they offered to work with the county and sent names of engineers to Schmitz.

Beck said they also felt that the 60 days were up.

Gustafson then said the reason for a moratorium is ìsafetyî because there is a landing strip nearby. The ìneedî he said, is a joke.

Montzka reminded his peers that the assistant county attorney pointed out that the county needs to notice the meeting if it plans a moratorium. But he said he thought the county could go with the ìemergencyî reason based on the health, safety and welfare, if Fuge would change her advice about the need for a notice for a moratorium.

Fuge said her advice doesnít change and that it would be up to the county board to come up with findings that it is an emergency.

Commissioner Rick Olseen noted that there was an essential services overlay ordinance on signal towers sitting on a county shelf. But he also said he heard the county attorney say because this is already in process, the county cannot set a moratorium. He too suggested the outside radio frequency engineer be hired.

Montzka said the previous zoning administrator said you cold set a moratorium even if a case is in process.

The law has changed, T-Mobileís attorney Beck noted.

Commissioner Schultz then moved to request that T-Mobile supply an independent radio frequency engineer at their cost to provide information needed for the board to make its decision. Her motion was seconded by Olseen and carried unanimously.

Schultz then moved to direct Schmitz to draft a letter to T-Mobile asking them to extend the 60 day requirement for an additional 30 days. The motion also carried unanimously.

In other business, the county board:

ï Transferred animal control to Northwoods Humane Society. The former animal control service has gone out of business. Northwoods has had to use the $15,000 budgeted to prepare its facilities for the additional animal care and has been operating in the red since January. The commissioners approved an agreement that gives Northwoods $2,800/month July to December from the contingency fund. It was also decided that the county needs to decide what kind of control it wants as it has no ordinance. It currently operates on city and township regulations.

ïMoved to approve the repair of the jail roof at a cost of $20,000 and the purchase of a food processor for the jail at a cost of $6,000. It can be moved to the new jail when built.

ï Approved a conditional use permit for Gary and Mary Norton to host weddings, teas, luncheons, and light receptions at an outdoor gathering venue to be known as Panola Valley Gardens in Fanconia Township, with eight conditions.

ï Approved a conditional use permit for Dana Miron to hold a corn maze and fall festival on the Virginia Nelson property in Franconia Township with 12 conditions, including that lighting will not be intrusive to the neighborhood.

ï Approved a preliminary plat for John Peterson of 25 lots on 150 acres in Amador Township. The plat includes open space.

ï Approved a preliminary plat for S & T Developers of six lots on 41 acres in Rushseba Township.